Devdebugger

# Terms and Conditions

These Terms of Conditions ("Terms") govern you access to and use of our services, including our various websites, APIs, email notifications, widgets, commercial services and our other covered services, which are on these terms and any information, text, links, graphics, photos, audio, video or other materials or arrangement of materials uploaded, downloaded or displayed on the services (collectively referred to as "content"). By using the services, you agree to be bound by these terms.

IMPORTANT: PLEASE REVIEW THE MUTUAL ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH WONDERLAND ON AN INDIVIDUAL BASIS (WAIVING CUSTOMER’S RIGHT TO A CLASS ACTION) THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS MUTUAL ARBITRATION AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

# Who may use the services

You may use the services only if you agree to enter into a binding contract with Wonderland and are not prohibited from receiving the services under the laws of the applicable jurisdiction. In any case you must be at least 18 years old to use the services. If you accept these terms and use the services on behalf of a company, organization, government, or other entity, you represent and warrant that you are authorized to do so and have the right to bind such entity to these Terms, in which the words "you" and "your" used in these terms refer to such entity.

# Definitions

  • Customer - means the legal entity that is purchasing or subscribing to the Services.
  • Customer Data - means the data downloaded by the Customer during debugging and configuration.
  • Customer Account - means a unique account created for You to access you Service or parts of our Service.
  • Cookies - are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
  • Personal Data - is any information that relates to an identified or identifiable individual. For the purposes of GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
  • Website - refers to Devdebugger, accessible from https://www.devdebugger.com.
  • You - means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.

# Privacy

The Company complies with the principles of GDPR. The six overall guiding principles are:

  • Lawfulness, fairness, and transparency
  • Purpose limitation
  • Data minimization
  • Accuracy
  • Storage limitation
  • Integrity and confidentiality

We may collect and process the following data about you:

  • Information that you provide by filling in forms on this site. This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion and when you report a problem with our site.
  • If you contact us, we may keep a record of that correspondence.
  • We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
  • Details relating to our recruitment services and the supply of your services to our clients.
  • Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

We will use your information together with other information for administration (including providing any goods, services or information you have requested), marketing, customer services.

You can read more about data processing on privacy policy page.

# Service of Devdebugger

# 1. General

Wonderland provide Customer with a license to access to the Products within the term and scope of this Agreement, including the Service Specification.

Wonderland will only store Content or Processed Content on its servers to the extent technically required to provide its services. Content or Processed Content will neither be perpetually stored on Wonderland’s servers nor returned to Customer. This does not apply for the Free API. For the avoidance of doubt, Wonderland shall be entitled to create and retain access logs for billing, security and statistical purposes. Such access logs shall not contain any Content or Processed Content. However, access logs may contain meta data of API Requests such as time of the API Request and size of the transmitted Content.

Wonderland will only access the Content and/or the Processed Content in the event and to the extent required to carry out a diagnosis and to solve technical issues which may eventually compromise the availability of the service. To the extent required for the purposes mentioned above and in derogation from Section Wonderland may, in exceptional cases, automatically store Content and/or Processed Content for a maximum period of 14 days in case certain error patterns occur during the processing of the debugging request. The Content and/or the Processed Content will be stored for the duration of the debugging process and will be automatically deleted afterwards.

# 2. API

Devdebugger will provide Customer with respective access credentials for the API.

The API allows the client to use the technical infrastructure for the debugging process controlled by the country of miracles by transferring content to the technical infrastructure. Wondarland processes the content in accordance with this Agreement, Service Specification and Documentation. Nevertheless, Wondarland is not required to guarantee and does not guarantee the correctness or accuracy of the API or processed content.

Particularly in view of the on-going development of the API, Wondarland may introduce new versions of the API with an additional or different range of features. Furthermore, Wondarland may terminate deprecated versions of the API provided that the termination is reasonable for Customer in consideration of the interests of both Parties.

Neither Party is allowed to use the other Party’s logos, trademarks or any other Intellectual Property Rights for other purposes than to fulfil its obligations under the Agreement. Wonderland may however use the Customer’s name and logo in promotional material, provided that such use is in accordance with good practice.

TRADEMARKS. Trademarks displayed on any of Wonderland's websites are registered and unregistered Trademarks of Wonderland and, as applicable, Wonderland's licensors. Nothing in this Agreement, the Services or contained on any of Wonderland's websites should be construed as a transfer or granting any license or right to use any Trademark without the prior written permission of Wonderland. Customer shall at all times refrain from removing any Trademarks and other Intellectual Property Rights from the Services, documentation and other material provided by Wonderland.

# Obligations of Customer

Customer agrees to comply with all provisions of the Agreement, as well as any laws, regulations and governmental decisions applicable to the use of the Services. Customer agrees to keep Customer account password confidential, and only allow trusted people within Customer organization access to Customer account. Customer agrees to retain no more than one Devdebugger account.

# API

Customer is solely responsible for the implementation of the API as well as the installation, operation and maintenance of its Application, including compliance of its Application with all applicable laws, regulations and other third party requirements.

Customer must comply with all technical requirements set out in the Service Specification and the Documentation. In particular, Customer must ensure that any Content is transmitted to the API in a valid data format and data encoding.

Customer is obligated to adhere to any security precautions, functional and other limitations of the API. In particular, Customer must not bypass, remove, defeat, avoid, deactivate or otherwise circumvent protection or authentication mechanisms or misuse API methods for purposes other than those intended or expressly documented.

To the extent reasonable and technically possible, Customer must take precautions during the implementation of the Application using the API to ensure that Customer’s Application will continue to work properly even if the API is not available, whether caused by Devdebugger’s or Customer’s fault.

Customer must immediately inform Wondarland if there are reasons to expect a significant increase in the number of API Requests for reasons such as an extraordinary surge in End Users, unusual marketing, promotions or other campaigns.

# Term and Termination of this Agreement

Upon expiration of the Agreement, Customer will no longer be enabled to use the Services to perform any debugging process. However, Customer will be granted continuous access to the Services in order to access its data during the retention time agreed between the Parties. During any access to the Services after the expiration of the Agreement, the Customer is obliged to comply with all terms and conditions of the Agreement applicable to such access and any terms and conditions intended to survive shall survive the expiration of the Agreement.

If either Party is in material breach of any provision of this Agreement and if such breach is not cured within thirty (30) days after receiving written notice from the other Party specifying such breach in reasonable detail, the non-breaching Party shall have the right to terminate this Agreement by giving written notice thereof to the Party in breach. Such termination for breach shall be effective immediately on receipt of such second notice. For the avoidance of doubt, Wonderland is not obliged to provide Customer access to the Customer’s Wonderland account during the agreed retention period if the Agreement is terminated due to Customer’s breach of the Agreement.

# Suspension Of Services

If the Customer violates of this Agreement or if Wonderland in its sole discretion reasonably decides that there is a significant risk for damages to property or person, Wonderland may suspend the performance of Services. Wonderland shall have no liability whatsoever to the Customer for any costs or damages that may result from such suspension.

# Limitation of Liability

Wonderland shall not be liable for any direct, indirect, incidental, special or consequential damages or loss of profit resulting from the use or inability to use any of its Services or for the cost of procurement of substitute services.

EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS.

# Warranty Disclaimer

The products, code samples and services are provided to customer on an "as is" basis, with any and all faults, and without any warranty of any kind; and Wonderland expressly disclaims all representations, warranties and conditions whether express, implied, statutory, or otherwise, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, and non-infringement of third party rights. Wonderland does not warrant that the operation of the products will be uninterrupted or error-free, or that defects in the products or services will be corrected. Some jurisdictions may not allow the exclusion and/or limitation of implied warranties or conditions, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to customer. In such event, Wonderland's warranties and conditions with respect to the products and services will be limited to the greatest extent permitted by applicable law in such jurisdiction.

# Waiver of Consequential Damages

FORCE MAJEURE. Neither Party shall be held responsible for any delay or failure in performance of any part of the Agreement to the extent such delay or failure is caused by fire, flood, explosion, war, embargo, government requirement, civil or military authority, riot, strikes or labour disputes, acts of terrorism, natural disaster, or other similar causes beyond its control and without the fault or negligence of the delayed or non-performing Party.

ASSIGNMENT. Wonderland may freely assign this Agreement, in whole or in part. Customer may not assign or delegate its rights or obligations pursuant to this Agreement without Wonderland’s prior written consent, which shall not be unreasonably withheld. Any attempt by Customer to assign this Agreement in violation of this provision is void and of no effect.

# Notices

All notices shall be in writing and shall be delivered by e-mail, certified or registered mail, postage prepaid, return receipt requested, or by a recognized overnight delivery service. Any notices to Wonderland shall be sent by post to legal-notices@grafana.com. Notices to the Customer shall be sent to the address apparent from this Services Agreement or registered by Customer at Customer’s Wonderland account. Any changes to the addresses shall be made in writing according to the requirements of this section. The notice shall be deemed received when the recipient has confirmed the receipt unless otherwise agreed or apparent from this Agreement.

# Modification

Wonderland reserves the right to change or modify this Agreement at any time and in Wonderland’s sole discretion. If Wonderland makes material changes to this Agreement, DeepL will provide notice of such changes, such as by posting a notice on our Products and/or updating the “Last Updated" date below. Customer’s continued use of the Product following the posting of changes or modifications will confirm Customer’s acceptance of such changes or modifications. If Customer does not agree to the amended Agreement, Customer must stop using our Products.

Last Updated: 4/12/2023, 11:09:07 AM