Terms of Service

Last Updated: January 24, 2025

These Terms of Service ("Terms") govern your access to and use of the NoiseGate website, applications, and services (collectively, the "Services") provided by NoiseGate ("we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account or using our Services, you agree to these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not access or use our Services.

2. Description of Services

NoiseGate provides error monitoring and noise filtering services designed to help developers identify and prioritize meaningful errors in their applications. Our Services include web-based dashboards, integrations with third-party platforms, and related tools and features.

3. Account Registration

To use certain features of our Services, you must create an account. When you create an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

4. Subscription Plans and Payment

4.1 Free and Paid Plans

We offer both free and paid subscription plans. The features and limitations of each plan are described on our pricing page. We reserve the right to modify our plans and pricing at any time.

4.2 Billing

For paid plans, you agree to pay all fees associated with your subscription. Fees are billed in advance on a monthly or annual basis, depending on your selected plan. All fees are non-refundable except as expressly stated in these Terms or required by law.

4.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings.

4.4 Price Changes

We may change our prices at any time. For existing subscribers, price changes will take effect at the start of the next billing period following notice of the change.

4.5 Taxes

You are responsible for all applicable taxes associated with your use of the Services, except for taxes based on our net income.

5. Acceptable Use

You agree not to use the Services to:

  • Violate any applicable law, regulation, or third-party rights
  • Upload, transmit, or distribute any malicious code, viruses, or harmful content
  • Interfere with or disrupt the integrity or performance of the Services
  • Attempt to gain unauthorized access to the Services or related systems
  • Use the Services for any illegal, fraudulent, or harmful purpose
  • Reverse engineer, decompile, or disassemble any aspect of the Services
  • Remove, alter, or obscure any proprietary notices on the Services
  • Use automated means to access the Services without our prior written consent
  • Resell or redistribute the Services without authorization
  • Harass, abuse, or harm another person or entity

We reserve the right to investigate and take appropriate action against anyone who violates these provisions, including removing content, suspending or terminating accounts, and reporting to law enforcement.

6. Your Data

6.1 Ownership

You retain all rights to the data you submit to the Services ("Your Data"). By using the Services, you grant us a limited license to use, process, and store Your Data solely to provide the Services to you.

6.2 Data Processing

We will process Your Data in accordance with our Privacy Policy and applicable data protection laws. You represent that you have all necessary rights and consents to submit Your Data to the Services.

6.3 Data Security

We implement reasonable security measures to protect Your Data. However, no system is completely secure, and we cannot guarantee the absolute security of Your Data.

6.4 Data Portability

You may export Your Data at any time through the features available in the Services or by contacting us.

7. Intellectual Property

7.1 Our Rights

The Services, including all content, features, and functionality, are owned by NoiseGate and are protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the Services except for the limited license to use them as described herein.

7.2 Feedback

If you provide us with feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, royalty-free license to use and incorporate such feedback without any obligation to you.

8. Third-Party Services

The Services may integrate with or contain links to third-party services. We are not responsible for the content, privacy practices, or availability of such third-party services. Your use of third-party services is at your own risk and subject to their respective terms and policies.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WE DO NOT WARRANT THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NOISEGATE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify, defend, and hold harmless NoiseGate and its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

  • Your access to or use of the Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your Data or content you submit to the Services

12. Term and Termination

12.1 Term

These Terms are effective from the date you first access or use the Services and continue until terminated.

12.2 Termination by You

You may terminate your account at any time by following the instructions in your account settings or by contacting us.

12.3 Termination by Us

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to, violation of these Terms, fraudulent or illegal activity, or extended periods of inactivity.

12.4 Effect of Termination

Upon termination, your right to use the Services will immediately cease. Sections of these Terms that by their nature should survive termination will survive, including intellectual property provisions, disclaimers, limitations of liability, and indemnification.

13. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the modified Terms.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and NoiseGate regarding the Services and supersede all prior agreements.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

14.5 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

14.6 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the arbitrator's decision shall be final and binding.

15. Contact Us

If you have any questions about these Terms, please contact us at:

Email: legal@noisegate.ai

Address: NoiseGate [Your Business Address]