Welcome to LogSmarter™!

Thanks for visiting our website logsmarter.net and/or using our web-based and mobile device applications (our website and applications referred to collectively as the “Application”). The Application is provided by LogSmarter™ LLC. (“LogSmarter”).

By using our Application, you are agreeing to these Terms of Service (the “Terms”). Please read them carefully.

By clicking an account registration submission or similar button, or by otherwise registering for, accessing or using our Application, or accessing any content provided through the Application, you agree to enter into a legally binding contract with LogSmarter comprised of the following terms of service, including any modifications made from time to time (the “Terms of Service” or “Terms”). If you do not agree to be bound by the Terms of Service, do not click any account registration submission or similar button or otherwise register for, access or use the Application.

As long as you comply with these Terms of Service, LogSmarter™ grants you a non-exclusive, limited, revocable, personal, non-transferable right to access and use the Application, and a non-exclusive, limited, personal, non-transferable license to download and install a mobile device application version of the Application on your mobile device in object code form, in each case for your personal use only. Except as stated herein, these Terms of Service do not provide you with a license or right to use, reproduce, distribute, display or provide access to any portion of the Application on third-party websites or for any other non-personal use.

Using our Application

You must follow any policies made available to you within the Application.

Do not misuse our Application. For example, do not interfere with our Application or try to access it using any method other than the interface and the instructions that we provide. You may use or Application only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or ban you from our Application if you do not comply with our Terms or policies or if we are investigating suspected misconduct.

Using our Application does not give you ownership of any intellectual property rights in our Application or the content you may access or provide. You may not use content from our Application unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logs used in our Application. Do not remove, obscure, or alter any legal notices displayed in or along with our Application.

In connection with your use of the Application, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Your LogSmarter™ Account

You need a LogSmarter™ Account in order to use the Application. You may create your own LogSmarter™ Account.

To protect your LogSmarter™ Account, keep your password confidential. You are responsible for the activity that happens on or through your LogSmarter™ Account. Try not to reuse your LogSmarter™ Account password on third-party applications. If you learn of any unauthorized use of your LogSmarter™ Account, you should change your password as soon as possible.

Privacy and Copyright Protection

LogSmarter’s Privacy Policy explains how we treat your personal data and protect your privacy when you use our Application. By using our Application, you agree that LogSmarter™ can use such data in accordance with our Privacy Policy.

Your Data in our Application

Our Application allows you to upload, submit, store, and share data (“User Content”). You do not retain ownership of any User Content that you enter into our Application. As between you and LogSmarter™, you own your User Content. You hereby grant LogSmarter™ an irrevocable, perpetual, royalty-free, transferable, sublicensable, worldwide license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works and translate your User Content, in connection with the Application, or in any other media. You are solely responsible for all User Content made available through your account on the Application or that you otherwise make available through the Application. For all User Content, you represent and warrant that you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize LogSmarter™ and other users to access and use your User Content as necessary to exercise the licenses granted by you under these Terms of Service. LogSmarter™ is under no obligation to edit or control your User Content or the User Content of any other user of the Application and will not be in any way responsible or liable for any User Content. LogSmarter™ may, however, at any time and without prior notice, screen, remove, edit, or block any User Content on the Application, including User Content that in LogSmarter’s sole judgment violates these Terms of Service or is otherwise objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against LogSmarter™ with respect to User Content. LogSmarter™ expressly disclaims any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform with these Terms of Use, LogSmarter™ may investigate the allegation and determine in LogSmarter’s sole discretion whether to remove the User Content, which LogSmarter™ reserves the right to do at any time and without notice.

Modifying and Terminating our Application

We are constantly changing and improving our Application. We may add or remove functionalities or features, and we may suspend or even shut down the Application altogether.

You can stop using our Application at any time, although we will be sorry to see you go. LogSmarter™ may also stop providing our Application to you, or add or create new limits to our Application at any time.

Our Warranties and Disclaimers

We provide our Application using a commercially reasonable level of skill and care and we hope that you will enjoy using it. But there are certain things we do not promise about our Application.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER LOGSMARTER NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE APPLICATION. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE APPLICATION, THE SPECIFIC FUNCTIONS OF THE APPLICATION, OR THE RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE APPLICATION “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Application

WHEN PERMITTED BY LAW, LOGSMARTER, AND LOGSMARTER’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF LOGSMARTER, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICATION (OR, IF WE CHOOSE TO, SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, LOGSMARTER, AND ITS SUPPLIES AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

About these Terms

We may modify these Terms or any additional terms that apply to the Application to, for example, reflect changes to the law or changes to our Application. You should look at the Terms regularly. We’ll post notice of modifications to these Terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for the Application or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms of the Application, you should discontinue your use of the Application.These Terms control the relationship between LogSmarter™ and yourself. They do not create any third party beneficiary rights.

If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

In order to contact us, see the email in the “Contact Us” section at the footer of the page.