ObserverKit

1. Acceptance & scope

These Terms of Service (the "Terms") govern access to and use of the ObserverKit error-tracking platform (the "Service") provided by Undefined Computer (the "Provider"). Full Provider identification is set out in our Legal notice. The entity or individual purchasing a Subscription or creating an account is referred to as the "Customer". A "Subscription" is any paid or free plan that grants the Customer access to the Service. By creating an account or completing a payment, the Customer accepts these Terms in their entirety.

2. Eligibility — professionals only

The Service is exclusively reserved for persons qualifying as professionals within the meaning of the preliminary article of the French Consumer Code (article liminaire du Code de la consommation). By creating an account, the Customer represents and warrants that it is acting in a professional capacity and acknowledges that it does not benefit from the protections granted to consumers by the French Consumer Code, including any right of withdrawal.

3. Account & security

The Customer is responsible for maintaining the confidentiality of its credentials and for all activity that occurs under its account. Multi-factor authentication is strongly recommended. The Customer must notify the Provider immediately of any unauthorized access or security breach. The Provider is not liable for losses arising from unauthorized use of Customer credentials.

4. Service description

The Service comprises: (i) a client-side and server-side error-tracking SDK, (ii) an ingest API that receives error events, and (iii) a web application for reviewing, grouping, and managing those events. Processing of personal data contained in error events is governed by the Data Processing Agreement, which is incorporated by reference into these Terms — see our Data Processing Agreement.

5. Subscriptions & billing

Plan details and pricing are published on the ObserverKit pricing page. All prices are stated exclusive of VAT and denominated in euros (EUR). French VAT applies at the prevailing statutory rate to customers established in France; intra-EU B2B customers are invoiced under the reverse charge mechanism upon provision of a valid VAT number. Payments are processed by Stripe. Subscriptions renew automatically on a monthly basis unless cancelled before the renewal date. In the event of payment failure, the Provider will notify the Customer and may suspend access until payment is made. Plan upgrades take effect immediately and are prorated; downgrades take effect at the next renewal date. Refunds are at the Provider's sole discretion. As the Service is exclusively reserved for professionals (see clause 2), no statutory right of withdrawal applies.

6. Acceptable use

The Customer may not: (i) resell or sublicense the Service; (ii) use the Service for any unlawful purpose or to transmit illegal content; (iii) attempt to exceed plan limits through technical evasion or by operating multiple accounts to circumvent per-account caps; or (iv) reverse engineer, decompile, or attempt to extract the source code of the Service. The Provider reserves the right to suspend any account that violates these restrictions, with reasonable prior notice where practicable.

7. Service availability

The Provider will use commercially reasonable efforts to maintain Service availability. No formal service-level agreement (SLA) is provided at the current pricing tier. Planned maintenance will be announced in advance via . The Provider is not liable for downtime caused by events outside its reasonable control.

8. Intellectual property

The Provider retains all intellectual property rights in the Service, including but not limited to the software, trademarks, logos, and documentation. The Customer retains all intellectual property rights in its data, including error events submitted to the Service. The Provider grants the Customer a limited, non-exclusive, non-transferable licence to use the Service solely during the Subscription term and for its intended purpose.

9. Confidentiality

Each party agrees to keep the other party's confidential information strictly confidential and not to disclose it to any third party without prior written consent, except as required by law or as necessary to perform obligations under these Terms. This obligation survives termination of the Subscription.

10. Data protection

Each party shall comply with applicable data protection laws. The collection and use of personal data in connection with the Customer's account is described in our Privacy Policy. Processing of personal data submitted by the Customer through the Service is governed by the Data Processing Agreement, both of which are incorporated by reference into these Terms.

11. Limitation of liability

To the maximum extent permitted by applicable law, the Provider's aggregate liability arising out of or relating to this agreement shall not exceed the greater of (i) the fees actually paid by the Customer to the Provider during the twelve (12) months preceding the event giving rise to the claim, or (ii) one hundred euros (100 €). The Provider shall not be liable for any indirect, consequential, special, incidental, exemplary or punitive damages, including loss of profits, loss of business or loss of data, even if advised of the possibility thereof.

12. Termination

Either party may terminate the Subscription for convenience by giving 30 days' written notice. The Provider may suspend or terminate the Customer's account immediately upon 7 days' written notice to cure in the event of a material breach of these Terms or non-payment of fees. Upon termination, the Customer's access to the Service will cease and Customer data will be deleted in accordance with the Data Processing Agreement.

13. Modifications to these Terms

The Provider may modify these Terms at any time. For material changes, the Provider will provide at least 30 days' prior notice via email or a prominent notice within the Service. Continued use of the Service after the notice period constitutes acceptance of the updated Terms.

14. Force majeure

Neither party will be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, failures of third-party infrastructure providers, or internet outages, provided the affected party gives prompt written notice and uses reasonable efforts to resume performance.

15. Governing law & jurisdiction

These Terms are governed by French law. Any dispute arising in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent courts of Lorient, France.

16. Miscellaneous

These Terms, together with the Privacy Policy and the Data Processing Agreement, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements or representations. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force. Failure by either party to enforce any provision does not constitute a waiver of future enforcement. The Provider may assign its rights and obligations under these Terms in connection with a merger, acquisition, or sale of substantially all its assets. Notices under these Terms will be given by email to the address on the Customer's account.