Terms & Conditions

Definitions:

Whenever the following terms is used in this Agreement, it will have the following specified meanings:

“Account” refers to the Customer’s account whereby Customer registers for and accesses the Service.
“Brand Features” means any trade names, trademarks, service marks, logos, domain names, or other distinctive items that represent Customer or TheLog, respectively.
“Client” user which pays us for service and collects their users data from their websites
“User” users are coming from Client websites, where they are collected
“Customer Data” data are used to identify users from customers websites, so they can include their email, full name, IP address, machine fingerprint.
“General User’s personal data” means information which are related to an identified or identifiable natural person.
“Documentation” means any documentation for use with the Processing Software, including that which is available online or otherwise.
“Business Plan” refers to a plan that exceeds the capacity/features/functionality/limitations of a Standard Plan or which has a separate contract between Customer and TheLog.
“TheLog” means the company TheLog.
“Paid Plan” refers to an Account which includes access to additional features/functionality, sessions per month, or storage based on a Subscription to a Standard Plan or Business Plan.
“Report” means the analysis derived from Customer Data and made available through the Account. The charts, graphs, and statistics contained in a Report vary based on the type of account and plan.
“Servers” means the technological infrastructure controlled by TheLog (or its subsidiaries) upon which the Processing Software operates and the Customer Data are stored.
“Service” means the facilities to analyze or parse Customer Data, including Recorded Sessions, from a Website owned, controlled, or operated by Customer.
“Standard Plan” means a plan listed at https://thelog.io, except for an Business Plan. The current standard plans are “Starter”, “Growth”, “Business”, and “Pro”.
“Subscription” means the specific features, pricing, and attributes agreed upon by Customer and TheLog for the provision of the Software or Service or set forth in a separate contract.
“Recorded Session” or “Session” is a unit of measurement which consists of a plurality of Page Views during a single browsing session on the Website. A session is started when a user arrives on the Website and navigates to a page.
“Term” has the meaning set forth in the Section labeled “Term and Termination” of this Agreement.
“Trial Plan” refers to restricted Account which includes limited features/functionality, provided at no cost for a period of fourteen (14) days to collect Customer Data derived from a one-time sample.
“Website” means a collection of one or more web pages that Customer owns, controls, or operates. This Terms of Service and other policies applies to https://thelog.io and any related online services (collectively, our “Service”), and are all owned and operated by Rainbow Unicorn s.r.o., based in Vítězná 542/71, Karlovy Vary - Czech Republic.

General:

TheLog records Users activity on our Clients websites, this recordings includes Users personal data. By recording, we mean that every action taken by User on Clients website is recorded and then can be replayed by Client in admin section. Client can exactly see what their Users has been doing on their website. Client is obligated to inform their users about such recording, in a case that client fails to inform about recording their account can be permanently disabled. We save this data in a secure way on 3rd party server hosting providers (Vultr), and on CDN (BunnyCDN), this data are also processed by us to provide more filtering/info to Clients about their websites.

User content and conduct:

The services may include interactive areas where you or other users can create, post or store content, messages, materials, data, information, text, music, sound, photos, videos, graphics, applications, code or other items or materials on the services (collectively, “user content”). You are solely responsible for your use of such interactive areas and agree that you use them at your own risk. You further agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the services any of the following:

  • User content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • User content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including without limitation the rules regarding endorsements;
  • User content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any user content, you represent and warrant that you have the lawful right to distribute and reproduce such user content;
  • User content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Unsolicited promotions, political campaigning, advertising or solicitations;
  • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
  • Viruses, corrupted data or other harmful, disruptive or destructive files; and
  • User content that, in the sole judgment of TheLog, is objectionable or which restricts or inhibits any other person from using or enjoying the services, or which may expose TheLog or our users to any harm or liability of any type.

You further agree that you are solely responsible for your conduct while on the services, and you agree that you will not do any of the following in connection with the services or our users:

  • Use the services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the services or that could damage, disable, overburden or impair the functioning of the services in any manner;
  • Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
  • Send any unsolicited commercial messages;
  • Use the services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these terms; or
  • Circumvent or attempt to circumvent any filtering, security measures or other features.

TheLog takes no responsibility and assumes no liability for any user content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any user conduct, nor is TheLog liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the user content or conduct rules set forth in these Terms is solely at TheLog’ discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the services will not contain any content that is prohibited by such rules.  Although TheLog has no obligation to screen, edit or monitor user content, TheLog reserves the right, and has absolute discretion, to remove, screen or edit any user content posted or stored on the services at any time, for any reason and without notice, and you are solely responsible for creating backup copies of and replacing any user content you post or store on the services at your sole cost and expense. Any use of the services in violation of these Terms and may result in, among other things, termination or suspension of your rights to use the services.

Except as otherwise provided herein, on the services or in a separate agreement (such as the rules of TheLog promotion), TheLog claims no ownership or control over any user content. However, by submitting or posting user content to the services, you grant TheLog a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such user content on the services and on third-party sites. We will contact you directly to obtain permission before we use your user content for our own commercial purposes, unless you expressly grant these rights to TheLog at the time you post or submit such content.

You represent and warrant that (a) you own and control all of the rights to the user content that you post or you otherwise have the right to post such user content to the Services; (b) the user content is accurate and not misleading; and (c) use and posting of the user content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

Trial:

Customer may sign up for a Trial Plan for a period that is mentioned on Plan detail. Once the Trial Plan ends, the Account will transition to the Limited Plan, unless upgraded to a Paid Plan. TheLog reserves right to cancel, terminate, or modify a Limited or Trial Plan for any or no reason and at any time.

Billing:

For a Paid Plan, Customer will be billed automatically via credit card depending on the Subscription. The bill amount shall include the applicable fees for the Subscription. If the Customer is invoiced, invoices will be sent to the Customer at the beginning of the billing cycle via electronic mail and must be paid within thirty (30) days of receipt. A late fee will be charged at a rate of one percent (1%) per month on undisputed overdue amounts. If payments on undisputed amounts are not received within thirty (30) days, TheLog reserves the right to suspend access to the Service.

Term and Termination:

The Agreement will take effect on the date the Account is created and will continue in full force and effect until terminated. This Agreement will apply to the Software and Services provided on or after the Effective Date, and if TheLog agrees to provide the Software and Services after the end of the Term, this Agreement shall apply to such Software and Services. Without prejudice to any other rights, TheLog may terminate Customer’s Subscription and the licenses contained herein (a) for any or no reason and at any time or (b) if Customer fails to comply with these Terms and Conditions. For a Standard Plan, Customer may terminate the Subscription at any time and with no penalty. Upon termination of Subscription, Customer’s right to access the Service shall automatically terminate. In the event of termination, (a) Customer shall not be entitled to any refund(s) or credit(s), (b) any outstanding balance for Service rendered through the date of termination will be immediately due and payable in full, and (c) Customer Data will no longer be available to Customer through the Software and Service; however, Customer may retain copies of the Customer Data and Reports.

Sensitive Date:

Customer must comply with all applicable laws (including, but not limited to, privacy and data security laws) and represents and warrants that it will not use the Service or the Software to violate such laws. Customer agrees to exclude any confidential, proprietary, sensitive, or personally identifiable information from capturing in sessions, and (i) accepts full responsibility and liability of ensuring such information is adequately and completely excluded and (ii) will indemnify, defend and hold TheLog harmless for all claims, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or in connection with a failure to meet this obligation.

Account and Security.

Customer is responsible for safeguarding the confidentiality of login credentials issued by TheLog and for any use or misuse of the Service resulting from unauthorized access. Customer agrees to notify TheLog immediately in the event of a security breach or unauthorized access to the Account or Service. TheLog may, from time to time, login to Customer’s Account to make improvements or troubleshoot technical issues. Customer hereby consents to such access.

Nonexclusive License

TheLog hereby grants Customer a limited, revocable, non¬exclusive, non¬sublicensable license to use our service on one or more web pages that Customer owns and controls (collectively, the “Website”) as necessary to use the Service. Customer may access, view, and download Customer Data and Reports at TheLog.com (or any other such URL that TheLog may provide from time to time), and may share such Customer Data and Reports with its employees, contractors, agents (e.g. accountants, attorneys, public relations, advertising and marketing agencies, and the like) and customers. Except as otherwise provided in this Agreement, Customer will not nor will Customer allow any third party to (i) copy, modify, adapt, translate, or otherwise create derivative works of the Software or the Documentation; (ii) reverse engineer, de¬compile, disassemble, or otherwise attempt to discover the source code of the Software, except as expressly permitted by the law in effect in the jurisdiction in which Customer is located; (iii) remove any proprietary notices or labels on the Software or placed by the Service; or (iv) use, post, transmit or introduce any device, software, or routine which interferes or attempts to interfere with the operation of the Service or the Software. Customer will use the Account, Software and Service solely for its internal use, and will not make the Account, Software or Service available for access by other parties, application service providers, or service bureaus, except that Customer may grant access to its employees and contractors. Customer will comply with all applicable laws and regulations in Customer’s use of and access to the Account, Documentation, Reports, Service, and Software.

Confidentiality

“Confidential Information” includes any proprietary data or other information disclosed by one party (“Disclosing Party”) to the other (“Recipient”) in writing and marked “confidential” or disclosed orally and, within five (5) business days, reduced to writing and marked “confidential”. Notwithstanding the foregoing, Confidential Information will not include any information that: (a) is or becomes public knowledge other than as a result of a breach of this Agreement or other obligation of confidentiality; (b) the Recipient can show was in its unrestricted possession, known to it before the date of this Agreement or independently developed by it before being disclosed under this Agreement; (c) is disclosed or made available to the Recipient by a third party other than in breach of this Agreement or other obligation of confidentiality; or (d) is disclosed by the Recipient with the prior written permission of the Disclosing Party. Neither party will use or disclose the other party’s Confidential Information without the other’s prior written consent except for the purpose of performing its obligations under this Agreement or if required by law enforcement personnel, regulation, court order, or administrative agency, in which case, the Recipient must give the Disclosing Party as much notice as is reasonably practicable (and permitted by law) prior to disclosing such information. Upon termination of Customer’s Subscription, the parties will promptly either return or destroy all Confidential Information and, upon request, provide written certification of such.

Information Rights and Publicity

Except as permitted herein, TheLog will not share information associated with Customer or Customer’s Website(s) with any third parties unless TheLog (i) has Customer’s prior written consent; (ii) concludes that disclosure is required by law or has a good faith belief that disclosure is reasonably necessary to protect the rights, property, or safety of TheLog, its users, or the public; or (iii) provides such information in certain limited circumstances to third parties to carry out tasks on TheLog’s behalf (e.g. billing, data storage, or support) with strict restrictions intended to prevent the data from being used or shared except as directed by TheLog.

Children’s Privacy Policy (COPPA)

TheLog respects the privacy of children and we are committed to complying with the Children’s Online Privacy Protection Act (COPPA). This Children’s Privacy Policy describes our practices with respect to the collection of personal information from children under the age of 13. This Site does not knowingly collect, use, or disclose personal information from children under the age of 13 without prior parental consent, or do we provide TheLog services to children under 13 years of age except as permitted by COPPA. However we may provide our service to children under 13 years of age but in supervision of a parental guardian.

Warranty and Indemnification

TheLog warrants that: (i) each of its employees has the proper skill, training and background necessary to accomplish their assigned tasks; (ii) all Services will be performed in a competent and professional manner, by qualified personnel. Customer will indemnify, defend and hold TheLog harmless for all claims, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees) that arise out of or in connection with Customer’s use of the Software or Services, termination, or failure to comply with this Agreement. TheLog will indemnify, defend and hold Customer harmless for all claims, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees) that arise out of or in connection with: (i) TheLog’s failure to comply with this Agreement, and (ii) any claims that Customer’s installation, copy or use of the Software and/or use of the Services constitutes infringement of third party intellectual property rights. Subject to the applicable statute of limitations, the indemnity set forth will continue in full force and effect subsequent to and notwithstanding this Agreement’s expiration or termination.

Disclaimer of Warranties

Except as expressly provided to the contrary in writing by TheLog, the services and TheLog materials are provided on an “as is” basis without warranties of any kind, either express or implied. TheLog disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability for its purpose, title and non-infringement as to the services, including the information, content and materials contained therein. TheLog does not represent or warrant that the services or TheLog materials are accurate, complete, reliable, current or error-free. While TheLog attempts to make your access to and use of the services safe, TheLog cannot and does not represent or warrant that the services or our server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download. Without limiting the foregoing, TheLog does not guarantee the accuracy of any recommendations or opinions provided through the services (“recommendations”). You are solely responsible for the use of, or reliance on, such recommendations.

Limitation on Liability

In no event shall TheLog, or our directors, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the services or the TheLog materials, including without limitation any damages caused by or resulting from reliance on any information obtained through the services, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to TheLog’ records, programs or services. In no event shall the aggregate liability of TheLog, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the services or to these terms exceed any compensation you pay, if any, to TheLog for access to or use of the services. Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations of liability may not apply to you.

Proprietary Rights

The Service, together with all intellectual property rights is, and shall remain, the property of TheLog (and its subsidiaries). All rights not expressly granted to Customer in this Agreement are hereby exclusively reserved and retained by TheLog and its licensors without restriction, including, without limitation, TheLog’s (and its subsidiaries’) right to sole ownership of the service. Without limiting the generality of the foregoing, Customer agrees not to (and to not allow any Third Party to): (a) sublicense, distribute, or use the Service outside of the scope of the License granted herein; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Service or otherwise attempt to discover any source code or trade secrets related to the Service; (c) use the trade names, trademarks, service marks, logos, domain names and other distinctive Brand Features or any copyright or other Proprietary Rights associated with the Service for any purpose without the express written consent of TheLog; (d) register, attempt to register, or assist anyone else in creating or registering trade name, trademark, service mark, logo, domain name or other distinctive Brand Feature, copyright, or other proprietary right associated with TheLog (or its subsidiaries) ; or (e) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.

We have right to change this Terms & Conditions without any prior notice.