Last Updated: January 28, 2013
The following Crashlytics, Inc. Terms of Service (“Terms” or “Agreement”) constitutes a legal agreement between you and the entity on whose behalf you are accessing the Service (as defined below)(“Developer”) and Crashlytics, Inc., a wholly owned subsidiary of Twitter, Inc. (“Crashlytics”). Developer’s use of the Service is subject to the terms and conditions set forth below, so Developer should take the time to fully understand how these Terms govern Developer’s relationship with Crashlytics and Developer’s use of the Service. If you have questions regarding the Terms, please contact Crashlytics at firstname.lastname@example.org.
DEVELOPER’S RIGHT TO USE THE SERVICE IS EXPRESSLY CONDITIONED ON ACCEPTANCE OF THESE TERMS. BY USING THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THE TERMS ON BEHALF OF DEVELOPER. IF YOU ARE ACCESSING THE SERVICE ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO AGREE TO THESE TERMS ON ITS BEHALF. IF DEVELOPER DOES NOT AGREE WITH ANY PROVISION OF THE TERMS, OR YOU DO NOT HAVE AUTHORITY TO BIND DEVELOPER, YOU MAY NOT ACCESS OR USE THE SERVICE IN ANY MANNER FOR ANY PURPOSE.
Service and LicensesService.
The “Service” is a crash reporting solution for mobile application developers. The Service is provided on a hosted basis, however, some downloadable software may be provided to Developers that is necessary in connection with Developers’ use of the Service (“Software”), including any software provided as part of the Crashlytics software development kit (the “SDK”).
Service and Access Credentials. Developer will provide reasonable cooperation, assistance, information and access to Crashlytics as may be necessary to initiate Developer’s use of the Service.Subject to all terms and conditions of these Terms, Crashlytics will provide Developer with access to the Service. As part of the implementation process, Developer will identify a user name and password that will be used to set up Developer’s account. Developer will be responsible for the acts or omissions of any person who accesses the Service using passwords or access procedures provided to Developer. Crashlytics reserves the right to refuse registration of, or to cancel, login IDs that violate the terms and conditions set forth in these Terms.
License to Developer. Subject to all terms and conditions of these Terms, Crashlytics grants Developer a nonexclusive, nontransferable right and license (without right to sublicense)to (a) access and use the Service (including the Background Materials (as defined below) necessary to use the Service), solely for Developer’s internal business purposes and (b) download, install and use copies of the Software and any tools provided as part of the SDK solely in connection with Developer’s authorized use of the Service. The Service is made available to Developer solely as hosted by or on behalf of Crashlytics, and nothing in these Terms shall be construed to grant Developer any right to receive any copy of the Service or any software (other than the Software).Developer may use the Service and the Software for the sole purpose of obtaining information regarding errors or bugs in Developer’s applications and communicating with users about such errors and bugs, and may not use the Service or Software for any other purpose. Developer’s access and use of the Service shall comply with all other conditions set in all documentation, such as the instructions, end user guides and other document regarding the Service, in each case that is provided or made available by Crashlytics to Developer in electronic or other form (“Documentation”).
Restrictions. Developer shall not directly or indirectly (a) use any of Crashlytics’s Confidential Information (as defined below) to create any service, software or documentation that performs substantially the same functionality as the Service, (b) disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code, algorithms or trade secrets underlying the Service or Background Materials (except and only to the extent these restrictions are expressly prohibited by applicable statutory law), (c) encumber, sublicense, transfer, distribute, rent, lease, time-share or use any Crashlytics Property (as defined below) in any service bureau arrangement or otherwise for the benefit of any third party, (d) adapt, combine, create derivative works of or otherwise modify any Crashlytics Property, or (e) use or allow the transmission, transfer, export, re-export or other transfer of any product, technology or information it obtains or learns in connection with Developer’s use of the Service in violation of any export control or other laws and regulations of the United States or any other relevant jurisdiction.
Feedback. From time to time, Crashlytics may solicit from Developer or Developer may make, in its sole discretion, suggestions for changes, modifications or improvements to the Service (“Feedback”). All Feedback shall be solely owned by Crashlytics (including all intellectual property rights therein and thereto) and shall also be Crashlytics’s confidential information. Developer shall and hereby does make all assignments necessary to achieve such ownership.
Developer Data. Developer hereby grants Crashlytics a nonexclusive and royalty-free right and license to access, copy, process and use all information, data and other content provided by Developer in connection with its authorized use of the Service (“Developer Data”) solely for the purpose of providing the Service. Developer agrees that (a) the Service depends on the availability of the Developer Data and (b) Crashlytics will not assume any responsibility for, or undertake to verify, the accuracy or completeness of the Developer Data. Crashlytics shall have no obligation to store any Developer Data or Results.
Developer Systems. Developer is responsible for providing (a) all equipment, subscriptions and credentials necessary for Crashlytics to receive the Developer Data and (b) all modems, servers, devices, storage, software (other than Software), databases, network and communications equipment and ancillary services needed to connect to, access or otherwise use the Service at its facility (collectively, “Developer Systems”). Developer shall ensure that Developer Systems are compatible with the Service and comply with all configurations and specifications described in the Documentation.
Limitations. Crashlytics will not be liable for any failures in the Service or any other problems which are related to (a) the Developer Data or Developer Systems or (b) any satellite, telecommunications, network or other equipment or service outside of Crashlytics’s facilities or control.
“Confidential Information” means, with respect to Crashlytics, all financial, business or technical information disclosed by or for Crashlytics in relation to these Terms that is of a nature that should reasonably be considered to be confidential and proprietary. Except for the specific rights granted by these Terms, neither party (“Recipient”) may use, copy or disclose any of the other’s (“Discloser”) Confidential Information without Discloser’s written consent, and shall use reasonable care to safeguard Discloser’s Confidential Information, including ensuring that Recipient’s employees, contractors and agents (“Representatives”) with access to Discloser’s Confidential Information have a need to know for the purposes of these Terms and are bound by substantially similar confidentiality obligations. The foregoing obligations shall not apply to any Confidential Information that Recipient can demonstrate is (a) already known by it without restriction, (b) rightfully furnished to it without restriction by a third party not in breach of any obligation to Discloser, (c) generally available to the public without breach of these Terms or (d) independently developed by it without reference to or use of any of Discloser’s Confidential Information. Each party shall be responsible for any breach of confidentiality by its Representatives, as applicable. Promptly uponDiscloser’s request at any time, Recipient shall return all of Discloser’s tangible Confidential Information, permanently erase all Confidential Information from any storage media and destroy all information, records, copies, summaries, analyses and materials developed therefrom. Nothing herein shall prevent a party from disclosing any of the other’s Confidential Information as necessary pursuant to any court order or any legal, regulatory, law enforcement or similar requirement or investigation; provided, prior to any such disclosure, Recipient shall use reasonable efforts to (a) promptly notify Discloser in writing of such requirement to is close and (b) cooperate with Discloser in protecting against or minimizing any such disclosure or obtaining a protective order.
Definitions. As used in these Terms: “Background Materials” means all ideas, concepts, inventions, systems, platforms, software (including all Software), interfaces, tools, utilities, templates, forms, Report Formats, techniques, methods, processes, algorithms, know-how, trade secrets and other technologies and information that are used by Crashlytics in providing the Service and Results (including any correction, improvement, extension or other modification to the Service made, created, conceived or developed by or for Crashlytics, including at Developer’s request or as a result of feedback provided by Developer to Crashlytics); “Reports” means the reports, charts, graphs and other presentation in which the Results are presented to Developer; “Report Formats” means the formatting, look and feel of the Reports; and “Results” means the work products resulting from the Service that are delivered to Developer by Crashlytics through the Service, and which are based on the Developer Data. For the sake of clarity, Results shall expressly exclude all Background Materials.
Results and Developer Data. Developer shall own all right, title and interest (including all intellectual property and other proprietary rights) in and to the Results and Developer Data. Developer acknowledges and agrees that the Results will be presented to it in a Report, the Report Format of which is proprietary to Crashlytics. Developer may make copies of the Reports only for its internal purposes in using the Results. Developer hereby grants and agrees to grant to Crashlytics a royalty-free, fully paid up, non-exclusive, perpetual, worldwide right and license to (a) use theDeveloper Data, solely for purposes of providing the Service to Developer (b) use the Developer Data to created aggregate measures of service usage and performance and (c) use the Results and aggregated Developer Data to improve the Service generally and for its other business purposes.
General Learning; Aggregate Data. Developer agrees that Crashlytics is free to disclose aggregate measures of Service usage and performance, and to reuse all general knowledge, experience, know-how, works and technologies (including ideas, concepts, processes and techniques) related to the Results or acquired during provision of the Service (including without limitation, that which it could have acquired performing the same or similar services for another customer).
Reservation of Rights. Except for the limited rights and licenses expressly granted hereunder, no other license is granted, no other use is permitted and Crashlytics (and its licensors) shall retain all right, title and interest (including all intellectual property and proprietary rights embodied therein) in and to the Service, Documentation, Background Materials, aggregate data, and analyses (collectively, "Crashlytics Properties").
Warranties and Disclaimers
Developer Data. Developer represents and warrants that it owns all right, title and interest, or possesses sufficient license rights, in and to the Developer Data as may be necessary to permit the use contemplated under these Terms. Developer bears all responsibility and liability for the accuracy and completeness of the Developer Data and Crashlytics’s access, possession and use as permitted herein.
Disclaimers. THE CRASHLYTICS PROPERTIES AND RESULTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, CRASHLYTICS AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (COLLECTIVELY, THE “CRASHLYTICS ENTITIES”) MAKES NO WARRANTY (I) THAT THE SERVICE OR RESULTS WILL MEET DEVELOPER’S REQUIREMENTS OR BE UNINTERRUPTED, ERROR-FREE OR BUG-FREE, (II) REGARDING THE RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SERVICE, OR (III) THAT ANY ERRORS IN THE SERVICE CAN OR WILL BE CORRECTED. THE CRASHLYTICS ENTITIES HEREBY DISCLAIMS (FOR ITSELF AND ITS SUPPLIERS) ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.LIMITATION OF LIABILITY
IN NO EVENT SHALL THE CRASHLYTICS ENTITIES BE LIABLE CONCERNING THE SUBJECT MATTER OF THESE TERMS, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (B) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS AND GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (C) DAMAGES, IN THE AGGREGATE, IN EXCESS OF FIFTY DOLLARS ($50.00). THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE TERMS AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
Term and Termination
Term. Developer’s use of the Service may be terminated by Crashlytics or Developer at any time, effective immediately upon notice to the other party.
Effects of Termination. Upon any expiration or termination of these Terms, all rights, obligations and licenses of the parties shall cease, except that (a) all obligations that accrued prior to the effective date of termination and all remedies for breach of these Terms shall survive, and (b) the provisions titled Feedback, Confidentiality, Proprietary Rights, Warranties and Disclaimers, Limitation of Liability, Effects of Termination and General Provisions shall survive. Crashlytics has no obligation to store, delete or return any Developer Data or Results.
Entire Agreement. These Terms (which includes any ordering form completed by Developer) constitutes the entire agreement, and supersedes all prior negotiations, understandings or agreements (oral or written), between the parties about the subject matter of these Terms.
Waivers, Consents and Modifications. No waiver, consent or modification of these Terms shall bind the Crashlytics Entities unless in writing and signed by Crashlytics. Crashlytics may modify these Terms at any time upon notice to you (which may be by posting a notice on Crashlytics website or otherwise through the Service); provided, however, if you do not agree to the modified terms, you shall notify Crashlytics in writing within thirty (30) days, after which your right to use the Service shall immediately terminate and the Crashlytics Entities shall have no further responsibility or liability to you. The failure of either party to enforce its rights under these Terms at any time for any period will not be construed as a waiver of such rights.
Severability. If any provision of these Terms is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any implementation of the Uniform Computer Information Transactions Act in any jurisdiction shall apply to these Terms. Except that the Crashlytics Entities may seek equitable or similar relief from any court of competent jurisdiction to prevent or restrain any breach or threatened breach of this Agreement by Developer, exclusive jurisdiction and venue for actions related to these Terms or Developer’s use of the Service will be the state and federal courts located in San Francisco County, California, United States, and both parties consent to the jurisdiction of such courts with respect to any such actions. In any action or proceeding to enforce or interpret these Terms, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys’ fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.
Force Majeure. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms (except payment obligations) due to any cause beyond its reasonable control, the affected party shall give written notice thereof to the other party and its performance shall be extended for the period of delay or inability to perform due to such occurrence.
Notices. Any notice or communication hereunder shall be in writing and either personally delivered or sent via confirmed facsimile, recognized express delivery courier or certified or registered mail, prepaid and return receipt requested, addressed to the other party, which, in the case of Developer, shall be the address provided to Crashlytics upon signing up for the Service, and, in the case of Crashlytics, shall be One Kendall Square, Building 300, Cambridge, MA 02141, or, if different, the address set forth in the contact section of Crashlytics’s website, or at such other address for either party as is designated in a subsequent notice. All notices shall be in English, effective upon receipt.
Assignment. These Terms and the rights and obligations hereunder may not be assigned, in whole or in part, by Developer without Crashlytics’s prior written consent. These Terms shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.
Independent Contractors. The parties shall be independent contractors under these Terms, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
BY USING THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THE TERMS ON BEHALF OF DEVELOPER. IF YOU ARE ACCESSING THE SERVICE ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO AGREE TO THE TERMS OF THESE TERMS ON ITS BEHALF. IF DEVELOPER DOES NOT AGREE WITH ANY PROVISION OF THE TERMS,OR YOU DO NOT HAVE THE AUTHORITY TO BIND DEVELOPER, YOU MAY NOT ACCESS OR USE THE SERVICE IN ANY MANNER FOR ANY PURPOSE.
Last Updated: January 28, 2013
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The policy specifically addresses the following areas:
This policy does not apply to the practices of companies not owned or controlled by Crashlytics (including Developers) or to people whom Crashlytics or its parent do not employ or manage.
SECTION 1: END USER INFORMATION
This Section provides information on the collection and use of information from End Users.
What information does Crashlytics collect from End Users?
The Service automatically collects certain non-personally identifiable information relating to application crashes from End Users, including, without limitation, device state information at the time of a crash, unique device identifiers and information relating to the physical location of a device at the time of a crash. In addition, Developers may enable certain features of the Service that will allow Crashlytics to collect some user identifying information, including personally identifiable information (e.g., a user’s e-mail address), which allows Developers to communicate with users about crashes. However, Crashlytics requires Developers to observe all applicable laws and regulations relating to the protection of data privacy and to only collect information that is necessary to improve Client Services and successfully serve their End Users.
How does Crashlytics use the information that it collects?
The information Crashlytics collects on End User activities with Client Services is the property of the Developer, not of Crashlytics. The information collected by the Service from End Users is used to provide Developers with insight into issues encountered with their applications. Our algorithms process and analyze the data separately for each Developer, so if you are an end user of multiple Developers that are Crashlytics customers’ your information is not shared across Developers. However, Crashlytics does aggregate information across Developers in a non-personally identifiable way. Such aggregate and anonymous information is used by Crashlytics to (i) improve the Service, (ii) create analysis of trends or behaviors and (iii) other similar uses, but always in an aggregate and anonymous way.
Will Crashlytics provide information about me to anyone else?
Except as provided below in Section 3, we never divulge End User data in a personally identifiable, unique or non-aggregated manner to anyone other than the Developer on whose behalf we are collecting and analyzing its End User data.
Does Crashlytics use any special technology to collect information?
Crashlytics collects information via the Crashlytics SDK, a library of code that Developers insert into their applications. The Crashlytics SDK determines the device state at the time of crash.
Is there a way that End Users can opt out of collection of information by Crashlytics?
Collection of information is at the discretion of each Developer, so please consult with the Developer whose application you are using as to how to opt out of collection of information by Crashlytics.
SECTION 2: DEVELOPER INFORMATION
This Section provides information on the collection and use of information from Developers.
What information does Crashlytics collect from Developers?
Crashlytics collects the following information from Developers:Usage Data:
Crashlytics collects information relating to the usage of the Service from Developers in order to better provide the service to Developers and to improve the performance of the Service generally.Account Information:
When you create an account with Crashlytics, you will provide us with certain personally identifiable information, such as your name, contact information, and account user name and password. We recognize that this information is very important to you and we will never divulge any of your personally identifiable information to anyone without your permission except as described in Section 3 below. Please note that we may use your personally identifiable information to contact you regarding your account and the Service.Email Communications:
We may receive a confirmation when you open an email from us. We use this confirmation to improve our customer service.
How does Crashlytics use the information collected from Developers?
Our primary goal in collecting information from you is to provide you with a smooth, efficient and customized experience while using our site and to allow us to provide the service to you. We use personal information solely for the purpose of contacting you with respect to your use of the Service, providing the Service to you and generally facilitating your use of the Service.
In order to customize the online user experience, improve the Service generally, and provide Developers with useful statistics and analysis regarding use of the Service, we may use certain aggregate, anonymous information, including, without limitation, Service usage information, for such purpose, but never in a manner in which Developer or any End User is reasonably ascertainable.
How can Developers change or delete information?
You may review, update, correct or delete the personally identifiable information in your Crashlytics account where it is inaccurate by contacting us. If you would like us to delete your Crashlytics account in our system, please contact us at email@example.com with a request that we delete your personally identifiable information from our database. We will use commercially reasonable efforts to honor your request. If you request that your personally identifiable information be deleted from our records, there may be a brief delay in our processing that request, while we verify that the request is valid and originates from you as opposed to an unauthorized third party. If you request that your information be deleted, we reserve the right to terminate and/or limit your access to the Service, as we may need such information to provide the Service to you. We may retain an archived copy of your records as required by law or for legitimate business purposes. If your personally identifiable information changes, you may contact us to correct, update or delete and deactivate our record of your personally identifiable information.
Will Crashlytics ask me at any time to reveal my personal information?
When you contact us about your account, we may ask you for certain information to verify your identity. However, we do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited email or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website.
SECTION 3: GENERAL INFORMATION
This Section applies to information collected from End Users and Developers, as well as visitors to the Crashlytics website.
What precautions does Crashlytics take to ensure the security of information collected?
Crashlytics takes the security and privacy of Developer data and End User data very seriously. Access to Crashlytics’s systems is protected by user authentication. The servers that store your personally identifiable information are housed in a secure environment. However, no method of transmission over the Internet and no method of electronic storage is 100% secure. Therefore, while we strive to use industry standard best practices to protect your Personal Information, we cannot guarantee its absolute security.
When registering for access to a secure area of the site or the Service, we may ask you to select a username and password. We recommend that you do not divulge your password to anyone. We will never ask you for your password in an unsolicited phone call or in an unsolicited email. Also, remember to sign out of the registered site and close your browser window when you have finished your work. This is to ensure that others cannot access your personal information and correspondence when accessing your computer.
Under what circumstances will Crashlytics share my information with third parties?
Except for the provision of End User information relating to a specific Developer’s application to that Developer as described above, Crashlytics will never give your information to, or share your information with, any third party not affiliated with or owned by Crashlytics except as provided below (which disclosure shall always be in accordance with applicable law). Crashlytics will send personally identifiable information about you to other companies or people only when:
Does Crashlytics collect any information from children?
This site and the Service is not directed to children and Crashlytics does not knowingly collect any personally identifiable information from children under 13 years of age. If you learn that Crashlytics has collected any personally identifiable information from children under 13 years of age, please contact us at firstname.lastname@example.org.
Although most web browsers automatically accept cookies, your browser setting can usually be modified to decline cookies or alert you when a website is attempting to place a cookie on your computer. Consult the help manual for your browser for detailed information. If you choose to decline cookies, you may lose some of the functionality associated with the Service or the Crashlytics website.
Does Crashlytics control Developers or other third parties?