Terms of Service

Definitions

We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms.

Agreement

The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the Privacy Policyt, available at debugbear.com/privacy-policy) and procedures that we may publish from time to time on the Website.

Service

The “Service” refers to the applications, software, products, and services provided by DebugBear.

Website

The “Website” refers to DebugBear’s website located at debugbear.com, and all content, services, and products provided by DebugBear at or through the Website. It also refers to DebugBear-owned subdomains of debugbear.com.

User

“The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 13 years of age.

DebugBear

“DebugBear,” “We,” and “Us” refer to DebugBear Ltd, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.

Account

An "Account" represents your legal relationship with DebugBear. A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on DebugBear.

Account Terms

Required information

You must provide a valid name and email address in order to complete the signup process. For billing purposes you may also be asked to provide a valid company name, company number, VAT number, and place of business.

Account Requirements

We have a few simple rules for User Accounts on DebugBear's Service.

You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted.

One person or legal entity may maintain no more than one free Account.

You must be age 13 or older.

Your login may only be used by one person — i.e., a single login may not be shared by multiple people.

User Account Security

You are responsible for keeping your Account secure while you use our Service.

You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have Accounts under your Account).

You are responsible for maintaining the security of your Account and password. DebugBear cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You will promptly notify DebugBear if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.

Acceptable Use

Compliance with Laws and Regulations

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

Content Restrictions

You agree that you will not under any circumstances upload, post, host, or transmit any content that:

  • is unlawful or promotes unlawful activities;
  • is or contains sexually obscene content;
  • is libelous, defamatory, or fraudulent;
  • is discriminatory or abusive toward any individual or group;
  • contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
  • infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.

Conduct Restrictions

While using DebugBear, you agree that you will not under any circumstances:

  • harass, abuse, threaten, or incite violence towards any individual or group, including DebugBear employees, officers, and agents, or other DebugBear Users;
  • use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
  • attempt to disrupt or tamper with DebugBear's servers in ways that could harm our Website or Service, to place undue burden on DebugBear's servers through automated means, or to access DebugBear's Service in ways that exceed your authorization
  • impersonate any person or entity, including any of our employees or representatives, including through false association with DebugBear, or by fraudulently misrepresenting your identity or site's purpose; or
  • violate the privacy of any third party, such as by posting another person's personal information without consent.

Services Usage Limits

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without DebugBear's express written permission.

Privacy

Misuse of DebugBear Users' Personal Information is prohibited.

Excessive Bandwidth Use

If we determine your bandwidth usage to be significantly excessive in relation to other DebugBear customers, we reserve the right to suspend your Account or throttle your file hosting until you can reduce your bandwidth consumption.

User Protection

You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.

Public User-Generated Content

Responsibility for User-Generated Content

You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

DebugBear May Remove Content

We have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any DebugBear terms or policies.

Ownership of Content, Right to Post, and License Grants

You retain ownership of and responsibility for Your Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.

Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other DebugBear Users — certain legal permissions (laid out below). These license grants apply to Your Content. If you upload Content that already comes with a license granting DebugBear the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted. The licenses you grant to us will end when you remove Your Content from our servers, unless other Users have forked it.

License Grant to Us

We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video.

Moral Rights

You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted, but not otherwise.

To the extent this agreement is not enforceable by applicable law, you grant DebugBear the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.

Private Content

Private Content (such as page data or non-public source code) allows the User to control access to the Content

Private Content may be accessible through a public URL identifying the content using a hash.

Our staff may access your Private Content for support requests and to ensure quality of service.

DebugBear will protect the contents of private repositories from unauthorized use, access, or disclosure

Copyright Infringement

If you believe that content on our website violates your copyright, please contact us by emailing matt@debugbear.com.

Intellectual Property Notice

DebugBear and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © DebugBear Ltd. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from DebugBear.

Payment

Pricing

Our pricing and payment terms are available at debugbear.com/pricing. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

Upgrades, Downgrades, and Changes

We will immediately bill you when you upgrade from the free plan to any paying plan. If you change from a monthly billing plan to a yearly billing plan, DebugBear will bill you for a full year at the next monthly billing date. If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately. If you choose to downgrade your Account, you may lose access to Content, features, or capacity of your Account.

Authorization

By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for DebugBear.

Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay DebugBear any charge incurred in connection with your use of the Service. If you dispute the matter, contact DebugBear Support. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.

Cancellation and Termination

Account Cancellation

It is your responsibility to properly cancel your Account with DebugBear. You can cancel your Account at any time by going into your Account page.

DebugBear May Terminate

DebugBear has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. DebugBear reserves the right to refuse service to anyone for any reason at any time.

Survival

All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Communications with DebugBear

Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

Legal notice to DebugBear Must Be in Writing

Communications made through email or DebugBear Support's messaging system will not constitute legal notice to DebugBear or any of its officers, employees, agents or representatives in any situation where notice to DebugBear is required by contract or any law or regulation. Legal notice to DebugBear must be in writing and served to DebugBear's registered address.

Disclaimer of Warranties

DebugBear provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

DebugBear does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

Limitation of Liability

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:

  • the use, disclosure, or display of your User-Generated Content;
  • your use or inability to use the Service;
  • any modification, price change, suspension or discontinuance of the Service;
  • the Service generally or the software or systems that make the Service available;
  • unauthorized access to or alterations of your transmissions or data;
  • statements or conduct of any third party on the Service;
  • any other user interactions that you input or receive through your use of the Service; or
  • any other matter relating to the Service.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

Release and Indemnification

If you have a dispute with one or more Users, you agree to release DebugBear from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that DebugBear (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases DebugBear of all liability); and (3) provides to you all reasonable assistance, at your expense.

Changes to These Terms

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

Miscellaneous

Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and DebugBear and any access to or use of the Website or the Service are governed by laws of the United Kingdom.

Non-Assignability

DebugBear may assign or delegate these Terms of Service and/or the DebugBear Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.

Section Headings

Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of DebugBear to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.