By registering with BugSplat, the Licensee agrees to the Terms of Use described on this page. The Licensee, a person or company that develops a software application, is hereafter referred to as "you". You agree to comply with the terms and conditions listed below in order to use this service. BugSplat is responsible for providing this service to you only during the period covered by a subscription fee paid in full by you or your organization.

Description of Services

BugSplat provides a software library and web service which allows you to view information about customer reported crashes in your software applications. A compilation of all errors reported by users will be available to you on the BugSplat server. Trends are indicated so that you can determine the most frequent defects that occur and determine an appropriate solution.

BugSplat is serious about the privacy of the data we store. Please see our Privacy Policy for more information.

Pricing

1. New accounts are free for the first ninety days.
2. There is no charge for using the BugSplat browser interface, for uploading files to the BugSplat server, or for the BugSplat library which is licensed free of charge for use in your own applications.
3. After the ninety-day trial period you will be asked to enter into a BugSplat Subscription Agreement. Charges to your company will be based on the size of your installed user base and the anticipated load on the BugSplat Server.

Please contact Sales@BugSplatSoftware.com for information on pricing for your application.

License Termination

Our relationship can be terminated for any of the following reasons:

You may terminate the agreement at any time by discontinuing payment for the service.
The license can be terminated by BugSplat if one or more payments are in arrears.
The license will be terminated in the event there is evidence of illegal activities by you.
BugSplat may also terminate your license if you abuse the service, for example by trying to overload our server or by creating any type of denial of service attack.

BugSplat may also terminate your service in the event that we stop offering the service to all customers. In this case, BugSplat will take reasonable steps (including offering a source code license) to allow a third-party to continue providing a substantially similar service to our customers.
BugSplat reserves the right to refuse to grant a license or to request more information before approving potential customer's usage of our service. The termination of a license by BugSplat will never, for any reason, permit the subscriber to receive any compensation from BugSplat.

When your license is terminated, all of the data you have stored on the BugSplat server will be inaccessible and will be destroyed. Note that BugSplat will continue to honor our Privacy Policy for data created by terminated accounts.

Your Responsibilities

1. A user account is required to access our service. You agree that BugSplat will not be liable for any problems resulting from unauthorized usage of your password either with or without your knowledge.
2. You shall notify BugSplat if you have any knowledge of a breach of security. BugSplat shall not be responsible for any unauthorized use of our service or for transmission of data sent or received by our service.
3. You shall not use BugSplat services in an illegal manner.
4. You shall not send data containing software viruses designed to damage software or hardware.
5. You are responsible for the accuracy of information presented to BugSplat.
6. You will provide all equipment necessary for access to the World Wide Web and be responsible for telephone fees required for accessing the Web.
7. You shall abide by all applicable state and national laws.
8. You shall indemnify and hold BugSplat and its agents harmless from any claims, losses, or liabilities and for attorneys' fees resulting from the use of our service.

BugSplat's Liability

1. BugSplat makes no warranties or representations that its service will be uninterrupted and will not be liable for unforeseen circumstances such as acts of nature or server malfunctions or technology failures. We do not warrant that we will meet any particular criteria of performance or quality.
2. BugSplat shall make reasonable efforts to safeguard the confidentiality of information in your data files. However, you acknowledge that no computer system accessible from the Internet can be considered entirely secure. Therefore, you further acknowledge that, should an unauthorized third party access the data in your account, BugSplat shall not be responsible for this access.
3. Except for fraud or willful misconduct, BugSplat will not be liable for the events listed in Items 1 and 2 under BugSplat's Liability immediately above.

Alteration of Terms

BugSplat may update this Agreement at some future time. In this event, we will send a copy of the changed Terms of Use by email and/or post a notification prominently on our web site. You are responsible for reading the revised terms. Unless we are otherwise notified, we shall assume you have accepted the most recent Terms of Use.

General Terms

BugSplat is a Limited Liability Company under New Hampshire law under which this Agreement (License) is governed. All legal matters (disputes, actions, claims) related to this Agreement shall be subject to the legal jurisdiction and venue of courts in Merrimack County, New Hampshire.

Notwithstanding the above, your sole remedy in case of dissatisfaction with our services is to terminate (cancel) our agreement at which time the License becomes void.

Disclaimer of Warranties and Limitation of Liability

BugSplat software and services are provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and usefulness is with you, the Licensee.