The following are the terms and conditions for use of the Scout website service ("Service"), a product of Zimuth, Inc ("Scout"). Please read them carefully before using the Service.
BY USING THE SERVICE, YOU (the terms "you" or "yours" includes the person or entity that is registered with the Service as well as any third parties accessing the Service on your behalf) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("Agreement"). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. Scout cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
- From time to time, Scout may find it necessary to access your account. For instance, Scout may access your account for support, maintenance or security-related reasons. In such event, Scout will, if possible, provide you notice of its intent [to use your username] to do so. Regardless of whether such notice is provided, you acknowledge and consent to such access.
- One person or legal entity may not maintain more than one free account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refund, Upgrading and Downgrading
- The Service is billed in advance on a monthly basis and is non-refundable.
- If you initially sign up for a non-free subscription, and you don't cancel that account within 14 days, you will be billed monthly starting on the 14th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 14th day, you will not be charged.
- If you exceed your plan's usage limit, additional services may be added automatically and will be billed on your next billing date.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. No exceptions will be made in order to treat everyone equally.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Scout does not accept any liability for such loss.
- Canceling your account must be done via a cancellation request email sent to email@example.com.
- All of your Content may be immediately deleted from the Service upon cancellation. This information may not be recovered once your account is cancelled.
- Scout, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Scout service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Scout reserves the right to refuse service to anyone for any reason at any time.
- If you cancel the Service before the end of your current paid billing cycle, you may continue using the service until the end of your current billing cycle. At the end of the billing cycle your account will be automatically disabled and you will not be charged again.
Modifications to the Service and Prices
- Scout reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Service Site (scoutapm.com) or the Service itself.
- Scout shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
You have the exclusive right to use all data derived by your use of the Service, including reports, and graphs, for any purpose related to your organization and you shall retain ownership of all confidential information and statistics relating to your servers and applications, such as raw data and log files generated by the Service (collectively, "Client Data").
Notwithstanding the foregoing, in connection with the provision of the Service, Scout: (i) may collect certain non-personally identifiable information about users of your website and (ii) may aggregate data derived from your use of the Service to compile aggregate statistics, metrics and general trend data about the Service for marketing and promotional purposes. For the avoidance of doubt, any data collected, compiled, generated or used in the foregoing manner by Scout shall not constitute "Client Data."
You agree to indemnify, hold harmless and defend Scout, at your expense, against any and all third party claims, actions, proceedings, and suits brought against Scout or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by Scout or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement or (ii) your use of the Service. In such a case, Scout will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Scout reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Scout does not represent or warrant that (i) the Service will be error-free or accessible at all times, (ii) defects will be corrected, (iii) the Service or the server that makes it available, are free of viruses or other harmful component, or (iv) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that Scout shall not be responsible for unauthorized access to or alteration of your data.
- You expressly understand and agree that Scout shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Scout has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Scout to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Scout and govern your use of the Service, superseding any prior agreements between you and Scout (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.