Terms of Service
Last updated: Sep 1, 2015.
Welcome to Plumbr (“Plumbr”, “we”, “our” or “us”)! Please read these Terms of Service carefully before creating a Plumbr account or using our services. They contain the legal terms and conditions that govern your use of and access to plumbr.eu and any related sites (the “Site”) and our Java Performance Monitoring Service, Software, related documentation and web site content (collectively the “Services”).
By using the Services, completing the registration process, and/or browsing the plumbr.eu web site or downloading any software from our website, you represent that (1) you have read, understand, and agree to be bound by the Terms of Service, (2) you are of legal age to form a binding contract with Plumbr, and (3) you have the authority to enter into the Terms of Service personally or on behalf of the company or other organization you have named as the user, and to bind that entity to these Terms of Service. In the event you are agreeing to these Terms of Service on behalf of a company or organization, “you” and “your” will refer to the entity you are representing.
1. PLUMBR SERVICES AND SUPPORT
1.1 Subject to these Terms, Plumbr will use commercially reasonable efforts to provide you the Services.
1.2 Plumbr may choose to modify or discontinue the Services, including any portions of the Services as we update our offerings. We may stop, suspend, or modify the Services at any time without prior notice to you.
1.3 Plumbr will provide you with reasonable technical support services (“Technical Support”). Plumbr will provide Technical Support to you via electronic mail on weekdays during the hours of 9:00 am through 5:00 pm Eastern European time, with the exclusion of the following dates of the year: 1st of January, 24th of February, 1st of May, 23rd-24th of June, 20th of August, 24th-26th of December (“Business Hours”).
1.4 You may initiate a Technical Support ticket at any time by emailing firstname.lastname@example.org.
1.5 Plumbr will use commercially reasonable efforts to respond to all Technical Support tickets within a reasonable time frame. If you buy an Expedited Service add-on, Plumbr will guarantee a response within 24 hours during the Business Hours. In order to use expedited support, Plumbr will assign you a dedicated e-mail address.
2. RESTRICTIONS AND RESPONSIBILITIES
2.1 You will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Plumbr or authorized within the Services); use the Services or any Software for the benefit of a third party; or remove any proprietary notices or labels.
2.2 With respect to any Software that is distributed or provided to you for use on your premises or devices, Plumbr hereby grants you a non-exclusive, non-transferable, non-sublicensable license to use such Software during the Term only in connection with the Services.
2.3 You understand that Plumbr Services are evolving. As a result, Plumbr may require you to accept updates to Software that you have installed on your computer or mobile device. You acknowledge and agree that Plumbr may update its Services with or without notifying you. You may need to update third-party software from time to time in order to use Plumbr Services.
2.4 You represent, covenant, and warrant that you will use the Services only in compliance with Plumbr’s standard published policies then in effect and all applicable laws and regulations. You agree not to create an account using a false identity or information.
2.5 You hereby agree to indemnify and hold harmless Plumbr against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from your use of Services. Although Plumbr has no obligation to monitor your use of the Services, Plumbr may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
2.6 You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). You shall also be responsible for maintaining the security of the Equipment, your account, passwords and files, and for all uses of your account or the Equipment with or without your knowledge or consent.
2.7 Some Third Party Software may be included in the Software. If Third Party Software is included in the Software, it may be subject to other terms and conditions. These terms and conditions are available in separate license files embedded in the Software or directly from the vendors of the corresponding Third Party Software.
3. CONFIDENTIALITY; PROPRIETARY RIGHTS; PRIVACY
3.1 Use of the Services may depend on your transmission of certain data (your “Data”). You shall own all right, title and interest in and to your data (“Data”). Plumbr shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Support, and (c) all intellectual property rights related to any of the foregoing.
3.2 Notwithstanding anything to the contrary, Plumbr shall have the right collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Data and data derived therefrom), and Plumbr will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Plumbr offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.
3.2 You represent and warrant that you have the necessary rights and licenses required to provide your Data to Plumbr in connection with your use of the Services and that by providing your Data in this manner, you will not violate any intellectual property rights of third parties, confidential relationships, contractual obligations or laws. Without limiting the generality of the foregoing, you shall provide all notices to, and obtain any consents from, any data subject as required by any applicable law, rule or regulation in connection with the processing of any personally identifiable information of such data subjects via the Services by Plumbr and/or you. You shall be solely responsible for ensuring that any processing of Data by Plumbr and/or you via the Services does not violate any applicable laws. You shall not process or submit to the Services any Data that includes any: (i) “personal health information,” as defined under the Health Insurance Portability and Accountability Act, unless it enters into a separate agreement with Plumbr relating to the processing of such data; (ii) government issued identification numbers, including Social Security numbers, driver’s license numbers and other state-issued identification numbers; (iii) financial account information, including bank account numbers; (iv) payment card data, including credit card or debit card numbers; or (iv) “sensitive” personal data, as defined under Directive 95/46/EC of the European Parliament (“EU Directive”) and any national laws adopted pursuant to the EU Directive, about residents of Switzerland and any member country of the European Union, including racial or ethnic origin, political opinions, religious beliefs, trade union membership, physical or mental health or condition, sexual life, or the commission or alleged commission any crime or offense.
4. PAYMENT OF FEES
4.1 You will pay Plumbr all the fees specified in your ordering or purchasing documents (“Order Form”), which may include but are not limited to an order form, email authorization or order submitted via our website (the “Fees”). If your use of the Services exceeds the service capacity set forth on the Order Form or otherwise requires the payment of additional fees, you shall be billed for such usage and you agree to pay the additional fees.
4.2 If your account is set to auto renewal, Plumbr may automatically charge you at the end of the term for the renewal for additional periods equal to the current services and expiring term, unless either party gives notice of non-renewal at least thirty (30) days prior to expiration of the then-current term. The fees for any such renewal term shall be the same as that during the prior term unless Plumbr has given you notice of a fee change, in which case the fee change shall be effective upon renewal and thereafter.
4.3 If you believe that Plumbr has billed you incorrectly, you must contact Plumbr no later than 7 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Plumbr customer support department.
4.4 Plumbr may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Plumbr thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. You shall be responsible for all taxes. Plumbr will charge tax when required to do so.
5. TERM AND TERMINATION
5.1 The term of this Agreement shall remain in effect for the period specified in the Order Form unless it is (1) renewed for additional periods in accordance with Section 4.2 above; or (2) terminated earlier pursuant to this section.
5.2 In addition to any other remedies it may have, either party may terminate this Agreement upon thirty (30) days’ notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of this Agreement. You will pay in full for the Services up to and including the last day on which the Services are provided. Upon any termination, Plumbr will make all your Data available to you for electronic retrieval for a period of fourteen (14) days, but thereafter Plumbr may, but is not obligated to, delete stored Data. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
6. WARRANTY AND DISCLAIMER
Plumbr shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Plumbr or by third-party providers, or because of other causes beyond Plumbr’s reasonable control, but Plumbr shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. However, Plumbr does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
7. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, PLUMBR AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO PLUMBR FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT PLUMBR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.1 If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Plumbr’s prior written consent. Plumbr may transfer and assign any of its rights and obligations under this Agreement without consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Plumbr in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.
8.2 The communications between you and Plumbr use electronic means, whether you visit the Plumbr web site, use our Software or Services or send us e-mails, or whether we post notices on the Plumbr web site, our Software or Services or communicate with you via e-mail. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. Your consent in this section does not affect your statutory rights.
8.3 Where Plumbr requires that you provide an e-mail address, you are responsible for providing us with your most current e-mail address. In the event that the last e-mail address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
8.4 You agree to be identified as a customer of Plumbr and that Plumbr may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in our marketing materials, on our web site, in public or legal documents. You hereby grant us an irrevocable, perpetual, worldwide, royalty-free, and non-exclusive license to use your name and any of your trade names and trademarks solely pursuant to this marketing section.
8.5 This Agreement shall be governed by the laws of Estonia without regard to its conflict of law’s provisions.
8.6 We may update these Terms from time to time. The most current version of these Terms will be posted on the plumbr.eu website. We will also update the “Last Updated” date at the top of the Terms of Service. Any changes to the Terms will be effective immediately for new users of the Services and, for all other users, any changes to the Terms will be effective thirty (30) days after posting notice of such changes on the plumbr.eu website. We may also inform you of updates to the Terms in our blogs. We may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). Please check the plumbr.eu website regularly to view our then-current Terms.
For exceptions or modifications to these Terms, please contact Plumbr at:
Address: 2 Ülikooli, 51003 Tartu, Estonia
Last updated: Sep 1, 2015.
Information we may collect from you
We may collect and process the following data about you:
- Information that you provide us by completing forms on our site plumbr.eu. This includes information provided at the time of registering for the use of our product or when subscribing to use our product.
- Information that you upload to or share through our site by using our product, including profile information or any personal information in data that you upload.
- Information on product usage and your environment. This information contains general data about the environment that you run Plumbr in (e.g. operating system, Java version), the fact that you attached Plumbr to an application, the fact that you received a leak report, aggregated statistics of memory contents or other resource usage. It does not contain the contents of the objects stored in memory, most configuration details or the source code of your application. You can turn off collection of this information (see below).
- Information contained in the leak report.
- Information that you provide us when carrying out transactions through our site, including payment information (subscription period, dates and amounts paid). We do not collect your credit card information – that is being done by our payment partner.
- Information that you provide us by completing surveys on our site or as carried out by our approved third parties.
- If you contact us for customer or technical support, we may keep a record of that correspondence or conversation.
- Information we receive from third party search engines such as Google, Yahoo and Microsoft (Bing and MSN) relating to your search activity.
- Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data and the resources that you access. We mostly use Google Analytics to collect that data (see below for how to opt out).
How we use that information
We use information held about you in the following ways:
- To provide our services and features to you, to measure and improve those services and features and to provide you with customer and technical support.
- To contact you with any service-related announcements from time to time.
- To ensure that content from our site is presented in the most effective manner for you and for your computer.
- To provide you with information concerning our products or services that you request from us or which we feel may interest you by email unless you have opted out of receiving this information (see below for more details).
- To carry out our obligations arising from any contracts entered into between you and us.
- To provide you with advertisements concerning our products and services through Remarketing with Google Analytics program. Third-party vendors, including Google, may show you our ads on sites across the Internet.
IP addresses and cookies
We may collect information about your computer, including, where available, your IP address, operating system and browser type for system administration and improvement. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
Also, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer when you browse our site. Cookies contain information that is transferred to your computer’s hard drive. They help us improve our site and the Plumbr product. Note that for effective advertising we and third-party vendors may use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize and serve ads based on your past visits to our website.
You may refuse to accept our cookie by activating the setting on your browser which allows you to refuse the setting of cookies. You may also opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using Google Ads Settings.
Marketing communications and opting-out
We will provide you with information concerning our products or services that you request from us or which we feel may interest you by email unless you have opted out of receiving this information.
You may at anytime opt-out of receiving this information by clicking on the opt-out link in the footer of a marketing email you have received or by sending us an email at email@example.com.
How you can remove information
If you want to remove the personal information we hold about you in our systems, you will need to email your request to firstname.lastname@example.org.
If you want to stop using Plumbr you may detach it from your Java application and/or its start-up scripts. However, even after you do that, copies of your information including but not limited to your email address may be retained by us as backup copies for legal and compliance reasons.
Where we store your personal data
What security measures we use to protect your info
All information you provide to us is stored on secure servers operated by us or our third party providers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password or a unique URL which enables you to access certain parts of our site, you are responsible for keeping this password or the URL confidential.
Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
Your rights upon processing your personal data
You may take back your consent for processing your personal data at any time and get information about the personal data we hold about you by sending a respective application to email@example.com. In addition you have all other rights provided in the acts regulating the protection of personal data and electronic transmission of marketing communications.
Disclosure of your information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If our company or a substantial portion of our assets are acquired by a third party, in which case personal data held by us will be one of the transferred assets.
- If we are undertaken to disclose or share your personal data in order to comply with any legal obligation