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Humio Corporate Terms of Service

Thank you for choosing Humio for your company's business needs. Please read our Corporate Terms of Service agreement carefully before accessing or using Humio. Because it is such an important contract between us and our customers, we have tried to make it as clear as possible. For your convenience, we have presented these terms in a short non-binding summary followed by the full legal terms.

Summary

A. Definitions

Some basic terms, defined in a way that will help you understand this agreement. Refer back up to this section for clarification.

B. Account Terms

These are the basic requirements of having an account on Humio.

C. Acceptable Use

These are the basic rules you must follow when using your Humio account.

D. User-Generated Content

You own the content you post on Humio. However, you have some responsibilities regarding it, and we ask you to grant us some rights so we can provide services to you.

E. Private Repositories

This section talks about how Humio will treat content you post in private repositories.

F. Intellectual Property Notice

This describes Humio's rights in the website and service.

G. API Terms

These are the rules for using Humio's APIs, whether you are using the API for development or data collection.

H. Payment

You are responsible for payment. We are responsible for billing you accurately.

I. Cancellation and Termination

You may cancel this agreement and close your account at any time.

J. Communications with Humio

We only use email and other electronic means to stay in touch with our users. We do not provide phone support.

K. Disclaimer of Warranties

We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.

L. Limitation of Liability

Situations where either of us will be liable to the other for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement are limited. Please read this section carefully; it limits our obligations to you.

M. Release and Indemnification

You are fully responsible for your and your Users' use of the service.

N. Changes to these Terms of Service

We may modify this agreement, but we will give you 30 days' notice of changes that affect your rights.

O. Miscellaneous

Please see this section for legal details including our choice of law.

The Humio Corporate Terms of Service

Effective date: March 20, 2018

A. Definitions

Short version: 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. There's not going to be a test on it, but it's still useful information.

  1. The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Corporate Terms of Service” or the "Terms") and all other operating rules, policies (including the Humio Privacy Statement) and procedures that we may publish from time to time on the Website.
  2. The “Service” refers to the applications, software, products, and services provided by Humio.
  3. The “Website” refers to Humio’s website located at humio.com, and all content, services, and products provided by Humio at or through the Website. It also refers to Humio-owned subdomains of Humio.com, such as cloud.humio.com and docs.humio.com.
  4. "Customer", “You,” and “Your” refer to the 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. Special terms may apply for business or government accounts (See Section B(6): Additional Terms).
  5. "User" refers to the individual who has visited or is using the Website or Service on your behalf; that accesses or uses any part of the account on your behalf; or that directs the use of the account in the performance of their functions on your behalf. A User must be at least 18 years of age.
  6. “Humio,” “We,” and “Us” refer to Humio, Ltd., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
  7. A "Corporate Account" refers to any account created by a User on behalf of an entity, such as a company, non-profit organization, or group.
  8. “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.

B. Account Terms

Short version: A human must create your account; the creator and Users of your account must be 18 or over; you must provide a valid email address; and you may not have more than one free account. You alone are responsible for your account and anything that happens while you are signed in to or using your account. You are responsible for keeping your account secure.

1. Required Information

You must provide a valid email address and your company’s name in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you upgrade to a paid account.

2. Corporate Terms Applicability

The Corporate Terms of Service Agreement applies only if you are entering into an agreement with Humio on behalf of an entity, such as a company, non-profit organization, or group. To the extent these terms conflict with any other terms you've accepted for use of humio.com, these terms will govern with respect to any work you do on Humio on behalf of Customer.

If you are entering into this Agreement on behalf of an entity, you represent that you are authorized to enter into the Agreement and bind the entity to these Terms.

3. Corporate Account Association

If you would like to associate your Corporate Account with a company name, we will do our best to confirm that association based on the information you provide to us. The more information you provide, the better able we will be to confirm that association. Information that helps us confirm a company's association with an account includes: the name of the business included at the time of acceptance of these Terms, the payment information, and the email addresses associated with the account. In the event that you do not provide sufficient information for us to confirm your company's association with the account, association will be determined by the email addresses and security settings within your account settings.

4. Corporate Account Requirements

We have a few simple rules for accounts on Humio:

  • 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 may not create an account for the use of any User under the age of 18. Humio does not target our Service to children under 18, and we do not permit any Users under 18 on our Service. If we learn of any User under the age of 18, we will terminate that User’s account immediately.
  • Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid organization account may create separate logins for as many users as its subscription allows.
  • Overall, the number of Users must not exceed the number of accounts you've ordered from us.

5. User Account Security

You are responsible for keeping your account secure while using Humio. The third party identity providers we integrate with (such as Google, GitHub and Bitbucket) offer tools such as two-factor authentication to help you maintain your account's security, but the content of your account and its security are up to you.

  • You are responsible for all content uploaded and activity that occurs under its account (even when content is posted by others who have accounts under your account).
  • You are responsible for maintaining the security of its account. Humio cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You will promptly notify Humio 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.

6. Additional Terms

In some situations, third parties' terms may apply to your use of Humio. For example, you may be a member of a data space or organization on Humio with its own policies; you may download an application that integrates with Humio. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.

C. Acceptable Use

Short version: While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.

1. 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 and your Users' use of the Service is in compliance with laws and any applicable regulations.

2. Content Restrictions

You agree that under no circumstances will you or your Users upload, post, host, or transmit any content that:

  • is unlawful or promotes unlawful activities;
  • contains personally sensitive information
  • 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.

3. Conduct Restrictions

While using Humio, you agree that under no circumstances, will you or your Users:

  • harass, abuse, threaten, or incite violence towards any individual or group, including Humio employees, officers, and agents, or other Humio 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 Humio's servers in ways that could harm our Website or Service, to place undue burden on Humio's servers through automated means, or to access Humio'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 Humio, 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.

4. 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 Humio's express written permission.

5. Privacy

Misuse of Humio Users' Personal Information is prohibited.

Any person, entity, or service collecting data from Humio must comply with the Humio Privacy Statement, particularly in regards to the collection of our Users' Personal Information (as defined in the Humio Privacy Statement). If you collect any Humio User's Personal Information from Humio, you agree that you will only use the Personal Information you gather for the purpose for which our User has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from Humio.

7. Excessive Bandwidth Use

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

8. 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.

D. User-Generated Content

Short version: You own the logs you upload (the content), but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close accounts if we need to.

1. Responsibility for User-Generated Content

You may create or upload User-Generated Content (log files or other data) while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you or your Users post, upload or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any misuse of your User-Generated Content. You may not under no circumstances upload personally sensitive information to Humio.

2. Humio May Remove Content

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

3. Ownership of Content, Right to Post, and License Grants

You retain ownership of and responsibility for Content you and your Users create or own ("Your Content"). If you're posting anything you or your Users did not create yourselves and on your behalf, or do not own the rights to, you agree that you and your Users are responsible for any of that Content; 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 Humio users — certain legal permissions, listed in Sections D.4 — D.7. These license grants apply to Your Content. You understand that you will not receive any payment for any of the rights granted in Sections D.4 — D.7. The licenses you grant to us will end when you remove Your Content from our servers.

4. 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.

This license does not grant Humio the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.

5. License Grant to Other Users

Any User-Generated Content you or your Users post publicly using shared read-only dashboards may be viewed by anyone with whom you share the URL to such a dashboard.

If you create a shared read-only dashboard and share the URL with anyone, you grant each user of Humio a nonexclusive, worldwide license to use, and display Your Content through the Humio Service and to reproduce Your Content solely on Humio as permitted through Humio's functionality. If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other Humio users.

6. Moral Rights

You retain all moral rights to Your Content that you or your Users 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 in Section D.4, but not otherwise.

To the extent this agreement is not enforceable by applicable law, you grant Humio 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.

E. Data Spaces

Short version: You may have access to data spaces. We treat the content of data spaces as confidential, and we only access it for support reasons, with your consent, or if required to for security reasons.

1. Control of Data Spaces

Data spaces allow the User to control access to Content.

2. Confidentiality of Data Spaces

Humio considers the contents of data spaces to be confidential to you. Humio will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.

3. Access

Humio employees may only access the content of your private repositories in the following situations:

  • With your consent and knowledge, for support reasons. If Humio accesses a private repository for support reasons, we will only do so with the owner’s consent and knowledge.
  • When access is required for security reasons.

You may choose to enable additional access to your private repositories. For example:

  • You may enable various Humio services or features that require additional rights to Your Content in private repositories. These rights may vary depending on the service or feature, but Humio will continue to treat your private repository Content as confidential. If those services or features require rights in addition to those we need to provide the Humio Service, we will provide an explanation of those rights.
  • You may also grant a third-party application authorization to use, access, and disclose the contents of your private repositories. Your use of third-party applications is at your sole risk; Humio is not liable for disclosures to third parties that you authorize to access a private repository.

4. Exclusions

If we have reason to believe the contents of a private repository are in violation of the law or of these Terms, we have the right to access, review, and remove them. Additionally, we may be compelled by law to disclose the contents of your private repositories.

F. Intellectual Property Notice

Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.

1. Humio's Rights to Content

Humio 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 © Humio, 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 Humio.

2. Humio Trademarks and Logos

If you’d like to use Humio’s trademarks, you must follow all of our trademark guidelines. Please contact Benedikte Schaltz on benedikte@humio.com for further information about Humio trademark guidelines.

3. License to Humio Policies

This Agreement is adapted from GitHub's site policies and is licensed under this Creative Commons Zero license (https://creativecommons.org/publicdomain/zero/1.0/).

G. API Terms

Short version: You agree to these Terms of Service, plus this Section H, when using any of Humio's APIs (Application Provider Interface), including use of the API through a third party product that accesses Humio.

No Abuse or Overuse of the API

Abuse or excessively frequent requests to Humio via the API may result in the temporary or permanent suspension of your account's access to the API. Humio, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.

You may not share API tokens to exceed Humio's rate limitations.

You may not use the API to download data or Content from Humio for spamming purposes, including for the purposes of selling Humio users' personal information, such as to recruiters, headhunters, and job boards.

All use of the Humio API is subject to these Terms of Service and the Humio Privacy Statement.

Humio may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of Humio's Service.

H. Payment

Short version: You are responsible for any fees associated with your use of Humio. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.

1. Pricing

Our pricing and payment terms are available at Humio.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.

2. Upgrades, Downgrades, and Changes

  • We will immediately bill you when you upgrade from the free plan to any paid plan.
  • If you change from a monthly billing plan to a yearly billing plan, Humio 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.
  • You may change your level of service at any time by choosing a plan option or going getting in touch via info@humio.com. If you choose to downgrade your account, you may lose access to Content, features, or capacity of your account. Please see our section on Cancellation for information on getting a copy of that Content.

3. Billing Schedule; No Refunds

  • For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months or partial years of service, downgrade refunds, or refunds for months or years unused with an open account; however, the service will remain active for the length of the paid billing period.
  • In order to treat everyone equally, no exceptions will be made.

4. 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 Humio.

5. 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 Humio any charge incurred in connection with your use of the Service. If you dispute the matter, contact {{ site.data.variables.contact.contact_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.

I. Cancellation and Termination

Short version: You may close your account at any time. If you do, we'll treat your information responsibly.

1. Account Cancellation

It is your responsibility to properly cancel your account with Humio. You can cancel your account at any time by going into your Settings in the global navigation bar at the top of the screen. The Account screen provides a simple, no questions asked cancellation link. We are not able to cancel accounts in response to an email or phone request.

2. Upon Cancellation

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your account is cancelled.

We will not delete Content that you have contributed to other users' repositories or that other users have forked.

Upon request, we will make a reasonable effort to provide an account owner with a copy of your lawful, non-infringing account contents after any account closure, suspension, or downgrade. You must make this request within 90 days of closure, suspension, or downgrade.

3. Humio May Terminate

Humio has the right to suspend access to all or any part of the Website or your account at any time, with or without cause, with or without notice, effective immediately.

Humio has the right to terminate your account at any time, with or without cause, upon 30 days advance notice or if your account has been suspended for more than 90 days.

4. 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.

J. Communications with Humio

Short version: We use email and other electronic means to stay in touch with our users.

1. 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.

2. Legal Notice to Humio Must Be in Writing

Communications made through email or Humio Support's messaging system will not constitute legal notice to Humio or any of its officers, employees, agents or representatives in any situation where notice to Humio is required by contract or any law or regulation. Legal notice to Humio must be in writing to privacy@humio.com.

3. No Phone Support

Humio only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.

K. Disclaimer of Warranties

Short version: We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.

Humio 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.

Humio 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.

L. Limitation of Liability

To the maximum extent permitted by applicable law, each party's total cumulative liability to the other party or any third party under this Agreement from all causes of action and all theories of liability will be limited to and will not exceed the fees you've actually paid us during the 24 months preceding the claim giving rise to such 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.

M. Release and Indemnification

1. Customer’s Indemnification

You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.

Subject to the limitations above, you agree to indemnify us and us hold harmless from and against any and all third party claims 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 Humio (a) promptly gives Customer written Notice of the claim, demand, suit or proceeding.; (b) gives Customer sole control of the defense and settlement of the claim, demand, suit, or proceeding (provided that Customer may not settle any claim, demand, suit, or proceeding unless the settlement unconditionally releases Humio of all liability); and (c) provides to Customer all reasonable assistance, at Customer’s expense.

If you have a dispute with one or more Users, you agree to release Humio from 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, provided that Humio (i) promptly gives you written notice of the claim, demand, suit or proceeding; (ii) 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 Humio of all liability); and (iii) provides to you all reasonable assistance, at your expense.

2. Humio’s Indemnification

We’ll defend or settle, at our option and expense, any third-party claim brought against you to the extent that it’s based on an allegation that Humio’s service infringes a copyright or misappropriates a trade secret of any third party (each, a “Claim”), and, subject to Section P, above, Limitation of Liability, we’ll pay all damages and costs (including reasonable legal fees) finally awarded by a court of final appeal attributable to such a Claim, provided that you notify us in writing of any such Claim as soon as reasonably practicable and allow us to control, and reasonably cooperate with us in the defense of, any such Claim and related settlement negotiations.

N. Changes to These Terms

Short version: We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.

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. You can view all changes to these Terms in our Site Policy repository (github.com/humio/legal).

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.

O. Miscellaneous

Governing Law

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