Terms of use

Welcome to the Omniverse Ltd. (“LogSentinel”, “We”, “Our”) secure audit-trail services, accessible at logsentinel.com (the “Website”), as further described on the Website. This Website, all content offered as part thereof, including, but not limited to Data (as defined below), and any other services owned, controlled, or offered by LogSentinel via the Website are collectively referred to herein as the “Services”. Subscribers, account holders, customers, users, and any other party who downloads, accesses, uses, purchases or subscribes to the Services (“you” or, collectively, “Users”, as applicable) must do so under these Terms of Use (“Terms of Use”), which govern your access to and use of the Services and constitute a binding legal agreement between you and LogSentinel. Please note that the term “you” also includes the company that is our customer and on whose behalf you are accepting these Terms of Use.

Before using any of the Services, please read carefully these Terms of Use. By accessing, browsing or using the Services, you acknowledge that you have read, understood and agree to be bound by all the terms, conditions, consents and disclosures set forth in these Terms of Use. If you do not agree to these terms of use, then please cease using the services.

The Services are intended solely for persons who are 18 or older. Any access to or use of the Website, Services or Data by anyone under 18 is expressly prohibited. By accessing or using the Website, Services or Data, you represent and warrant that you are 18 or older.

Modification of Terms of Use

We reserve the right, at our sole discretion, to modify, discontinue or terminate the Services or to modify these Terms of Use, at any time. If we modify these Terms of Use, we will post the modification on the Website or provide you with notice of the modification. We will also indicate the last update date at the end of these Terms of Use. By continuing to access or use the Services after we have posted a modification on the Website or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified terms of use are not acceptable to you, then please cease using the services.

Limitations of Services

You acknowledge that LogSentinel may establish, including without limitation with respect to each of the Subscription Plans (as defined below), limits concerning use of the Services, the maximum volume of User Data (as defined below) or other content that may be transmitted or stored by the Services, the frequency with which you may access the Services and the locations where the Services are available.

Account Registration and Fees

In order to gain access to certain features of the Website, you must register and create an account with LogSentinel on the Website (an “Account”). You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You are solely responsible for safeguarding your Account’s password and secret keys. You agree that you will not disclose your Account’s password and secret keys to any third party other than within your company and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify LogSentinel of any unauthorized use of your Account.

LogSentinel offers free and paid subscription plans (a “Free Plan” and “Paid Plan”, respectively, and collectively, the “Subscription Plans”) for all Accounts. A description of the features associated with these subscription plans is available on the Website.

All new Accounts start with a Free Plan. If at any time you select to subscribe to a Paid Plan, you agree to pay the applicable subscription fee and any taxes and other fees that may accrue in relation to your use of the Services. When you select a Paid Plan, you will be required to provide a credit card number and customary billing information such as name and billing address. If you select monthly payments, you will automatically be charged the subscription fee for the month on each prior month’s anniversary date of when you registered (the “Monthly Anniversary Date”). If you do not want to be charged for a month, you must cancel your Account at least thirty (30) days prior to the next Monthly Anniversary Date.

All fees are non-refundable. All fees and applicable taxes, if any, are payable in United States dollars or Euro. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. LogSentinel is not responsible for any expenses or third party charges (including, without limitation, any charges with respect to clearing or billing services) you incur resulting from being billed by LogSentinel in accordance with these Terms. LogSentinel also reserves the right, at any time, to impose or restructure any fees charged for your use of the Services. LogSentinel will notify you in advance of any changes with respect to fees it chooses to impose.

If you are subscribed to a Free Plan and you do not access your Account for 30 days or longer, LogSentinel may cancel your Account. If LogSentinel decides to cancel your Account, LogSentinel may, at its discretion, provide you with notice via e-mail. If LogSentinel receives a bounce-back from an e-mail account to which LogSentinel sent notice regarding the cancelation of your Account, LogSentinel is under no obligation to provide you with further notice.

Ownership

Except as expressly provided in these Terms of Use, LogSentinel and its licensors exclusively own or control all right, title and interest in and to the Services, including all associated intellectual property rights, which are protected by copyright, trademark and other laws of the European Union, Bulgaria and other countries. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

All trademarks, service marks, logos, trade names and any other proprietary designations of LogSentinel used herein are trademarks of LogSentinel. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks of their respective owners.

For purposes of these Terms of Use: (i) “Data” means data, customized analyses, text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, provided or otherwise made available through the Services; and (ii) “User Data” means any Data that Account holders (including you) provide to be made available through the Services, and (iii) “LogSentinel Data” means any Data that is not User Data. LogSentinel does not claim any ownership rights in your User Data and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit your User Data. Subject to the foregoing, LogSentinel and its licensors exclusively own all right, title and interest in and to the Services and LogSentinel Data, including all associated intellectual property rights, which are protected by copyright, trademark, and other laws of the United States and other countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or LogSentinel Data.

Licenses Granted by LogSentinel to You

Subject to your full compliance with these Terms of Use, LogSentinel grants you a limited, revocable, non-exclusive, non-transferable, non-sublicenseable license to access and view the Data solely in connection with your permitted use of the Services and subject to the restrictions set forth in these Terms of Use. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by LogSentinel or its licensors, except for the licenses and rights expressly granted in these Terms of Use.

Licenses Granted by You to LogSentinel

By making any User Data available through Services you hereby grant to LogSentinel a non-exclusive, non-transferable, non-sublicenseable, worldwide, royalty-free license to use, copy and modify your User Data for the purposes of providing the Services to you. You also grant to LogSentinel the right to use your User Data to improve our Services and the Website.

You are solely responsible for all your User Data. You represent and warrant that you own all your User Data or you have all rights that are necessary to grant us the license rights in your User Data under these Terms. You also represent and warrant that neither your User Data, nor your use and provision of your User Data, nor any use of your User Data by LogSentinel on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Use of LogSentinel’s API

Users may access the Services via LogSentinel’s Application Program Interface (“API”), which is part of LogSentinel’s proprietary software. Any use of the API is bound by the terms of these Terms of Use.

User Restrictions

You may only access and use the Services solely for your internal business purposes. You will not: (i) sell, resell, rent or lease the Services; (ii) reverse engineer the Services; (iii) attempt to modify the Services; or (iv) use the Services to store any User Data or any information that is unlawful. You may not access or use (or permit a third party to access or use) the Services for purposes of monitoring the availability, performance or functionality of the Services or for any other benchmarking or competitive purposes. You will not interfere with or disrupt the Services or attempt to gain access to any related systems or networks to which access is restricted.

Termination

You agree that LogSentinel, in its sole discretion, has the right to remove or deactivate your Account, block your e-mail or IP address to prevent you from accessing or using the Services, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, including, without limitation, if you breach any of these Terms of Use. LogSentinel shall not be liable to you or any third-party for any termination of your Account and/or your access to the Services. You agree not to attempt to use the Services after any such termination. In the event LogSentinel terminates your Account and/or your access to the Services for your breach, you will remain liable for all amounts due under these Terms of Use. You may cancel your Account at any time by informing us via the Website. You acknowledge that there will be no refunds for partial months of service if you cancel your Account.

Upon termination, if requested, LogSentinel will provide within a reasonable period of time all your User Data in a format at the discretion of LogSentinel.

Survival

Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, sections hereof entitled “Ownership”, “Warranty Disclaimers”, “Indemnification”, “Limitation of Liability” and “Governing Law; Jurisdiction”.

Warranty Disclaimers

YOU AGREE THAT USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, LogSentinel DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LogSentinel WEBSITE OR SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE LogSentinel WEBSITE.

LogSentinel DOES NOT GUARANTEE OR ASSUME ANY RESPONSIBILITY OR LIABILITY THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAY OR ERRORS. LogSentinel DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED.

A number of factors may impact the quality of your communications and use of the Services, and may result in the failure of your communications including, without limitation, your use of third party software, your local network, firewall, your internet service provider, the public internet and your power supply. LogSentinel TAKES NO RESPONSIBILITY FOR ANY DISRUPTION, INTERRUPTION OR DELAY CAUSED BY ANY FAILURE OF OR INADEQUACY IN ANY OF THESE ITEMS OR ANY OTHER ITEMS OVER WHICH WE HAVE NO CONTROL.

YOU ACKNOWLEDGE THAT THE SERVICES AND DATA MAY BE HOSTED ON A THIRD PARTY HOSTING FACILITY, AND THAT LogSentinel SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTION TO THE SERVICES WHICH IS CAUSED BY SUCH THIRD PARTY HOSTING FACILITY. LogSentinel MAY CHANGE THE THIRD PARTY HOSTING PROVIDER.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LogSentinel OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER LogSentinel NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE, SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LogSentinel HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL LogSentinel’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO LogSentinel FOR USE OF THE SERVICES, IF YOU ARE REGISTERED FOR PAID PLAN, OR FIFTY US DOLLARS ($50), IF YOU ARE REGISTERED FOR A FREE PLAN, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS FOR THE AGREEMENT BETWEEN LogSentinel AND YOU.

Governing Law; Jurisdiction

By using or accessing the Services, you agree that the laws of the European Union and Bulgaria, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and LogSentinel. Any claim or dispute between you and LogSentinel that arises in whole or in part from your use of the Services shall be decided exclusively by a court of competent jurisdiction located in Sofia, Bulgaria, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in the courts of Sofia, Bulgaria. YOU AND LogSentinel AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Integration and Severability

These Terms of Use are the entire agreement between you and LogSentinel with respect to the Services, and supersede and replace all prior or contemporaneous communications and proposals, whether oral, written or electronic, between you and LogSentinel with respect to the Services. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of LogSentinel. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise.

Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without LogSentinel’s prior express written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. LogSentinel may assign or transfer these Terms of Use, in its sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications, including those regarding modifications to these Terms of Use, will be in writing and given by us via e-mail (in each case to the address that you provide). The date of receipt will be deemed the date on which such notice is transmitted.

Contact Us

For any questions about these Terms of Use or any other issue regarding LogSentinel or the Services please contact us via the Website or at: contact@logsentinel.com

Last update: 10.07.2017