Master Subscription Agreement

These Terms do not apply to the use of Tsuga's observability services or any other services provided by the company (collectively referred to as the “Service”). If you access or use the Service, including through a free trial, your use will be governed by our Master Subscription Agreement, available upon request, or by any other written agreement separately executed between you and Tsuga.

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Acceptance of Terms

By accessing or using this website, or any related website, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

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Scope of Services

Our services include a cloud observability platform designed to empower IT, operations, and engineering teams with the tools necessary to monitor, manage, and optimize their cloud and on-premises environments.

The specific features and functionalities of our services are described in our documentation accessible upon request. As we continue to evolve and improve our product, the features and functionalities available may change over time. By using our services, you agree to be bound by these Terms of Use and acknowledge that your use of the platform is also subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information.

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User Responsibilities

• Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

• Compliance with Laws: You agree to use our services in compliance with all applicable laws, regulations, and these Terms.

• Prohibited Activities: You may not use our services for any illegal, harmful, or unauthorized purposes, including but not limited to:

• Violating any laws or regulations.

• Infringing on the intellectual property rights of others.

• Engaging in fraudulent or deceptive activities.

• Interfering with or disrupting our services or networks.

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Intellectual Property

• Our Intellectual Property: All rights, title, and interest in and to our services, including all intellectual property rights, are and will remain the exclusive property of Tsuga and its licensors.

• Your Content: You retain all rights, title, and interest in and to your content that you upload or submit to our services. By submitting your content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content solely for the purpose of providing our services to you.

You may not:

• Re-sell, distribute, or otherwise commercially exploit our services.

• Modify, adapt, or create derivative works of our services.

• Use our services for any illegal, harmful, or unauthorized purposes.

• Attempt to gain unauthorized access to our services or networks.

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Confidentiality

You agree to keep confidential any non-public information disclosed by us to you in connection with your use of our services. You may not disclose or use our confidential information except as necessary to perform your obligations under these Terms.

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Data Privacy

Your use of our services is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review our [Privacy Policy](link) to understand how we collect, use, and protect your personal information.

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Third-Party Websites and Content

Links to Third-Party Websites

Our website may contain links to third-party websites or services that are not owned or controlled by TSUGA DATA. These links are provided for your convenience only. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that TSUGA DATA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

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Third-Party Content

Our website may include content provided by third parties, such as articles, advertisements, or other materials. We do not endorse, warrant, or guarantee the accuracy, completeness, or reliability of any third-party content. You acknowledge and agree that TSUGA DATA shall not be responsible or liable for any third-party content or for any actions you may take in reliance on such content.

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User Responsibility

You are solely responsible for your interactions with third-party websites and content. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

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Service Availability

We strive to make our services available 24/7, but we do not guarantee that our services will be available at all times without interruption. We may suspend or terminate access to our services for maintenance, updates, or other reasons without prior notice.

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Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

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Indemnification

You agree to indemnify, defend, and hold harmless TSUGA DATA, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party.

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Termination

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

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Governing Law

This Agreement shall be governed by and construed in accordance with the laws of France. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Paris.

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Dispute Resolution

Negotiation

In the event of any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof (collectively, "Disputes"), the parties agree to first attempt to resolve the Dispute through good faith negotiations. Either party may initiate this process by sending written notice to the other party describing the nature of the Dispute and proposing a date and time for a negotiation meeting.

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Mediation

If the parties are unable to resolve the Dispute through negotiation within thirty (30) days of the initial notice, the parties agree to submit the Dispute to non-binding mediation in accordance with the rules of the Centre de Médiation et d'Arbitrage de Paris (CMAP). The parties will share the costs of mediation equally.

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Arbitration

If the parties are unable to resolve the Dispute through mediation within sixty (60) days of the initial notice, the parties agree to submit the Dispute to binding arbitration in accordance with the rules of the Tribunal de Commerce de Paris. The arbitration will be conducted in Paris, France, and the language of the arbitration will be French. The parties will share the costs of arbitration equally.

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Litigation

If the parties are unable to resolve the Dispute through arbitration, or if either party fails to comply with the arbitration award, the parties agree that any remaining Disputes shall be resolved exclusively by the courts of Paris, France. The parties waive any objection to the venue or jurisdiction of such courts.

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Waiver of Class Action

The parties agree that any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

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Confidentiality

All communications, documents, and information exchanged during the dispute resolution process shall be kept confidential and shall not be used for any purpose other than the resolution of the Dispute.

Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and TSUGA DATA regarding your use of our Site and supersede all prior and contemporaneous written or oral agreements between you and TSUGA DATA.

• Waiver and Severability: No waiver of any provision of these Terms shall be deemed or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

• Amendments: We may amend these Terms from time to time. We will notify you of any material changes by posting the updated Terms on our website or by sending you an email notification. Your continued use of our services after the effective date of the updated Terms constitutes your acceptance of the changes.

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Contact Information

If you have any questions, concerns, or requests regarding these Terms, please contact us at:

Email: support@tsuga.com

Address: TSUGA DATA - 99 AVENUE ACHILLE PERETTI 92200 NEUILLY-SUR-SEINE, FRANCE

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