Terms and Conditions
If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email at https://logpacker.com/contact.
Acknowledgement and Acceptance. Please read the terms and conditions of this agreement (the “Agreement” or “Terms” or “Terms of Service”) before accepting this agreement on behalf of your company or entity. By accepting this Agreement, by completing the registration process, accessing the Service, using the Site or executing a sales order form, you agree that you have read and understood these terms and conditions of this Agreement and you agree to be bound by them. We may periodically update these terms and conditions. Your continued use of this site will constitute your acceptance of any new or amended terms and conditions.
Also you must be at least 18 [eighteen] years of age to use this website and services. By using this website and services and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.
WHO WE ARE
LogPacker.com and the LogPacker Service are provided by Weelco Inc.(“Weelco”, “We”, “Our”, “LogPacker”), Registered office at 1623 Central Ave Ste 201, Cheyenne WY 82001, USA.
DESCRIPTION OF THE SERVICE
The LogPacker Service is enterprise-class and a cloud based system for log management & analytics. The Service collects and transfers log data to a LogPacker Cloud or on customer servers. Customer who successfully subscribes will be given an Account to have its Data visualized, analyzed and stored.
The Service is made available to Customer at graded levels in exchange for accordingly graded fees (such fees, “Charges”) and Customer may upgrade or downgrade its Service level by following the instructions at https://logpacker.com/pricing. Details of each service level and associated charges are provided at the point of purchase and any additional terms or conditions contained on those pages are incorporated into this Agreement by reference.
Additional functionality and services may be offered or provided by us from time to time and these will be described on the Site.
LIMITATIONS OF SERVICES
You acknowledge that LogPacker may establish limits concerning use of the Services, including the maximum number of days that content will be retained by 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. You agree that LogPacker has no responsibility or liability for the deletion of or failure to store any User Data or other content maintained or transmitted by the Services.
Upon registering for the Service, Users will have a username, password which is Customer’s and its Users’ responsibility to keep secure and may not be shared with any other party. Customer agrees to immediately notify LogPacker of any unauthorized use or any other breach of security or breach of this Agreement of which the Customer becomes aware. LogPacker will not be liable for any loss or damage resulting from Customer’s failure to maintain proper security of its account or for unauthorized access to the Service.
Customers who are provided with a free or trial LogPacker Account or who are otherwise provided with any other promotional LogPacker Service(s) for which they have not paid a Charge acknowledge and agree that such services are provided “as is” and so, to the fullest extent permitted by law, those services are provided without any warranties or representations whatsoever and the Customer agrees to avail of such services entirely at its own risk.
CHARGES AND PAYMENT
- Fees. The Service is made available to Customer at graded levels in exchange for accordingly graded Charges and Customer may upgrade or downgrade the service level by following the instructions on the Site. Fees are non-cancellable and non-refundable during the Term. The price for the Service is located at https://logpacker.com/pricing. Company reserves the right to change its price list and to institute new charges at any time, upon notice to You, which may be sent by email or posted on the Site. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Additional Charges may apply for additional services requested by Customer such as the removal of personal data or the transfer of data after closing the Account. Customer will be notified of services requiring additional Charges which have not been previously agreed upon before any such additional Charge will be applied.
- Payment for Subscriptions is required to be paid in full at the beginning of each billing period by credit or debit card. Custom Enterprise plans require a Logpacker Sales Order form, must be signed by the Customer, and once signed shall become legally binding and governed by this Agreement. Logpacker may reject or terminate any sales order, at any time, at its sole discretion. Customer billing period begins upon purchase or an agreed to Service start date and renews automatically. If Logpacker extends credit to Customer, all Charges must be paid within 30 days of issue of invoice. Payment of Charges for metered billing is required at the end of each month by credit or debit card and is based on the volume of Data uploaded and stored during the month.
- Logpacker designated third-party payment processor, will charge your credit card monthly, annually, or on the agreed to billing frequency, for the Charges relating to the use of the Service associated with your Account above, and Customer authorizes Logpacker, or such third-party payment processor, to automatically charge your credit card for such Charges. Customer understands that, once charged, the Charges described above are non-refundable. Customer agrees and represents that all information provided for the purpose of subscribing to the Service is accurate, complete and current, and Customer agrees to notify Logpacker, or its designated third-party payment processor, of any changes to the credit card information associated with the Account, including changes in billing address and expiration dates. If Logpacker, or its designated third-party payment processor, does not receive payment from the issuer of the credit card associated with the Account, Customer agrees to pay all amounts due upon demand directly to Logpacker, and Logpacker further reserves the right to either suspend or terminate the Account and access to the Service.
- In addition to the Charges, Customer must pay to Logpacker, or to the relevant taxing authority, as appropriate, all applicable sales, use, goods and services, value added or other taxes payable under this Agreement (other than taxes levied or imposed on our income). In all cases, the amounts due under this Agreement will be paid by Customer to us in full without any right of set-off or deduction.
STORAGE SPACE AND USAGE LIMITS
- Customer can upload a certain volume of log data, dependent on the Service level selected, which is referred to as the “Usage Limit.” Customer can manage its Account by deleting logs no longer needed.
- An email alert or alternative notification will be provided when Customer is near or over its Usage Limit. If Customer exceeds its Usage Limit, and at LogPacker’ sole discretion, such Account may be automatically upgraded and/or charged for the appropriate subscription plan to cover excessive usage, the Account may be charged up to two times (2x) the effective price per monthly gigabyte (GB) rate already agreed to for its account for each GB Customer has exceed beyond its Usage Limit, or the Account may be suspended until Customer has purchased the relevant upgrade.
- If Customer processes personal data using the Service, Customer shall comply with its obligations as a data controller and data processor under all applicable laws.
- We do not have any obligation to review or scan any Customer data for any purpose, including without limitation for measuring quality, filtering content, or detecting the presence of malware.
DISCLAIMERS; LIMITATION OF LIABILITY
- The Service including any software included in or provided as part of the software is provided on an “as is” and “as available” basis, and LogPacker expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, title, accuracy, or non-infringement. Without limiting the foregoing, LogPacker does not warrant that the service will meet your specific requirements, that the service will be uninterrupted, timely, secure, or error-free, that the result that may be obtained from the use of the service will be complete, accurate, or reliable, that the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or that any errors in the service will be corrected.
- Although this site is accessible worldwide, not all products or services discussed or referenced herein are available to all persons or in all geographic locations. We reserve the right to limit, in our sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in or through this site is void where prohibited.
- Because it is not possible to guarantee data security, you acknowledge unauthorized access to your data may occur and you agree in such event that any loss you may suffer is subject to the limitation of liability provisions of this agreement. Under no circumstances will LogPacker be liable in any way for any data, including, but not limited to, any errors or omissions in any data, or any loss or damage of any kind incurred in connection with use of or exposure to any data posted, emailed, accessed, transmitted, or otherwise made available via the service.
- Notwithstanding anything to the contrary contrary contained herein, LogPacker’ liability to customer for any direct damages, losses, expenses and causes of action (whatever in contract or tort) arising from or relating to the service (for any cause whatsoever and regardless of the form of the action) will at all times be limited to the amount you paid Logpacker in the three months immediately preceding the incident giving rise to the claim.
- You expressly understand and agree that LogPacker (including its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors) must not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if LogPacker has been advised of the possibility of such damages).
- Customers own their own log data.
- Subject to this Agreement, LogPacker grants Customer a non-exclusive, revocable, non-transferable, limited right to access and use the Service and the material displayed thereon. However, no right, title, or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.
- Customer hereby grants LogPacker a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license: (a) to process and use their log data for the purposes of delivering the Service to Customer; (b) to use, copy, create derivative works of, adapt, modify, and exploit log data internally within LogPacker for the purposes of improving, developing and marketing the Service; and (c) to disclose anonymized and/or aggregated versions of log data to third parties in connection with the development, improvement and marketing of the Service, provided that such anonymized or aggregated log data shall not identify Customer. This license continues after the termination of this Agreement. LogPacker’ rights under the license in this Section may be exercised by LogPacker’ officers and employees and by contractors engaged to provide services to LogPacker.
- All materials incorporated in or accessible through the Site or the Service, including, without limitation, text, photographs, images, graphics, illustrations, trademarks, service marks, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of the Site and the Service), are protected by applicable national and international trademark and copyright laws, and are owned, controlled or licensed by LogPacker, or by the original creators of such materials or their permitted licensors. Such materials may be used only for viewing the Site in the ordinary course or as a resource for purchasing the products offered through the Site. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-utilization, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited.
- Where any software is supplied by us for use by Customer on its computer(s), LogPacker grants Customer a limited, personal, non-exclusive, non-transferable license to install and use the software for use solely for the purpose of enabling you to use the Service in the manner permitted by this Agreement and for no other purpose whatsoever. Customer may not copy, modify, distribute, sell, or lease any part of the Services or any software supplied in connection with the Services, nor may Customer reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. To the extent that the Customer is provided with access to open source software in the course of receiving or using the Service, Customer shall be responsible for complying with the open source license associated with that open source software.
- Except as expressly set forth herein, LogPacker alone (and its licensors, where applicable) will retain all intellectual property rights relating to the Service or the Software or any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service and/or the Software, which are hereby assigned by You. Customer will not copy, distribute, reproduce or use any of the foregoing except as expressly permitted under this Agreement.
LICENSE TO USE WEBSITE
Unless otherwise stated, LogPacker and/or its licensors own the intellectual property rights published on this website and materials used on LogPacker.com. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website in neither print nor digital media or documents (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website;
- redistribute material from this website - except for content specifically and expressly made available for redistribution; or
- republish or reproduce any part of this website through the use of iframes or screenscrapers.
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
You must not use this website and services in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of LogPacker or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to this website without LogPacker.com's express written consent.
- data mining;
- data extraction;
- data harvesting;
- 'framing' (iframes);
- Article 'Spinning'.
You must not use this website or any part of it to transmit or send unsolicited commercial communications.
You must not use this website and services for any purposes related to marketing without the express written consent of LogPacker.com.
Access to certain areas of this website and services are restricted. LogPacker reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. LogPacker may change or modify this policy without notice.
If LogPacker provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.
LogPacker may disable your user ID and password at LogPacker.com's sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to LogPacker a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to LogPacker the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or LogPacker or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
LogPacker reserves the right to edit or remove any material submitted to this website, or stored on the servers of LogPacker.com, or hosted or published upon this website.
LogPacker's rights under these terms and conditions in relation to user content, LogPacker.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. LogPacker makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, LogPacker does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
LIMITATIONS OF LIABILITY
LogPacker will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if LogPacker has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of Weelco Inc. in respect of any:
- death or personal injury caused by the negligence of LogPacker.com or its agents, employees or shareholders/owners;
- fraud or fraudulent misrepresentation on the part of LogPacker.com; or
- matter which it would be illegal or unlawful for LogPacker.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, LogPacker.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against LogPacker's officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect LogPacker's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as LogPacker.com.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify LogPacker and undertake to keep LogPacker indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by LogPacker to a third party in settlement of a claim or dispute on the advice of LogPacker's legal advisers) incurred or suffered by LogPacker arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to LogPacker's other rights under these terms and conditions, if you breach these terms and conditions in any way, LogPacker may take such action as LogPacker deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
LogPacker may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
LogPacker may transfer, sub-contract or otherwise deal with LogPacker.com's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with the laws of WYOMING, USA, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of WYOMING, USA.