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Terms of Service

Table of Contents

Last updated: September 5, 2026

1. AGREEMENT TO TERMS

These Terms of Service ("Terms") govern access to the OpenObserve website at https://openobserve.ai/ and related websites (the "Site"), and OpenObserve Cloud and related hosted services, APIs, agents, and support purchased or accessed under these Terms (the "Services"). They form an agreement between OpenObserve Inc. ("OpenObserve," "Company," "we," "us," or "our") and you or the entity you represent ("you" or "Customer"). If acting for an entity, you represent that you have authority to bind it. By accepting these Terms or accessing the Site or Services, you agree to them. IF YOU DO NOT AGREE, DO NOT USE THE SITE OR SERVICES. The Services are intended for business and organizational use.

Applicable documents and priority. A separately signed agreement governing a purchased Service controls over these Terms for that Service. An order, quote, or online subscription accepted by OpenObserve (an "Order") specifies purchased entitlements, pricing, and the subscription term. Customer purchase-order or procurement terms do not amend this agreement. The Acceptable Use Policy applies to Services use; the Service Level Agreement applies only to eligible purchased Services. The Data Processing Agreement ("DPA") applies where OpenObserve processes personal data on your behalf and controls conflicting provisions concerning that processing, subject to its own precedence and liability provisions and mandatory transfer terms. Downloaded Enterprise software is licensed under the Enterprise License Agreement, which controls over these Terms for that software. Applicable open-source licenses govern their components independently. Marketing statements and unspecified documents posted on the Site do not create additional warranties or service commitments.

Authorized product use. You may use purchased Services for your internal business operations within your entitlements, including documented APIs, ingestion agents, scripts, integrations, and export tools. Website-content, automation, and commercial-use restrictions below do not prohibit those authorized activities or rights under applicable open-source licenses. Service-specific provisions govern Services; provisions addressing website content and website administration apply to the Site. References to the Site in Sections 3–7, 14–26, 28, and 29 also include the Services where relevant, subject to the specific protections and obligations stated here and in applicable incorporated documents.

Changes. We may update these Terms prospectively by posting a revised version and effective date. For material changes affecting paid Services, we will provide notice through your account or the email address associated with it before they take effect. Unless required by law or reasonably necessary to address security threats or abuse, material changes to a committed paid subscription take effect upon renewal or acceptance of a new Order. Other changes take effect on the stated effective date, subject to any notice or consent required by applicable law. Continued use after changes validly take effect constitutes acceptance to the extent permitted by law. Updates to public terms do not amend a separately signed agreement except as that agreement permits.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and permitted internal business use. Except as expressly provided in these Terms and Conditions , no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal use or internal business evaluation and authorized use of the Services. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions ; (4) you are not a minor in the jurisdiction in which you reside ; (5) you will not access the Site or Services through unauthorized automated means; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

4. USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. FEES AND PAYMENT

We accept the following forms of payment:

  • Visa
  • Mastercard

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may revise pricing for future purchases and renewal terms on advance notice through the account or account email sufficient to permit cancellation before renewal. Rates during an agreed committed term remain those in the Order, including any agreed usage-based charges or scheduled changes. All payments shall be in U.S. dollars.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until cancellation takes effect under Section 7. The Order or checkout will specify the recurring billing interval, applicable rates, and any minimum commitment; usage-based fees remain payable through the effective cancellation date.

We may correct pricing errors before accepting an Order or offer cancellation and a refund of the affected payment if an error is discovered after acceptance; correction does not authorize an undisclosed retroactive increase to an accepted committed price. We may refuse an Order before acceptance.

6. FREE TRIAL

We may offer free plans, trials, or evaluations subject to the eligibility, limits, duration, and end-of-trial treatment disclosed in the applicable offer. No fixed trial period, downgrade, or continued data availability is promised unless stated in that offer. Free and trial Services are provided AS IS without support or service-level commitments unless expressly agreed. Any automatic conversion to paid Services requires the authorization and disclosures required by applicable law.

7. CANCELLATION

Except as required by applicable law or expressly provided in the applicable agreement, fees are non-refundable and purchased commitments are non-cancellable. You may stop renewal through the account cancellation mechanism or by contacting us if that mechanism is unavailable. Cancellation takes effect at the end of the current committed subscription term and does not excuse fees already incurred or remaining committed payments. A billing installment does not create a separate cancellation right. Renewal and cancellation mechanics expressly stated in the Order control.

If you are unsatisfied with our services, please email us at hello@openobserve.ai.

8. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Site.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Site.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Sell or otherwise transfer your profile.

9. USER GENERATED CONTRIBUTIONS

Customer logs, metrics, traces, and other data submitted for processing through the Services ("Customer Data") are distinct from publicly posted website contributions, feedback, and submissions. Customer Data is governed by Sections 10, 15, and 24 and the applicable DPA; it is not assigned to OpenObserve as feedback.

10. CONTRIBUTION LICENSE

You retain your rights in Customer Data. You grant OpenObserve and its service providers the rights necessary to host, process, transmit, and display Customer Data to provide, secure, support, and maintain the Services and as otherwise permitted by your instructions and applicable law. Processing of personal data on your behalf is subject to the DPA. You are responsible for the lawfulness, accuracy, and permissions required for Customer Data and your processing instructions. This license does not transfer ownership of Customer Data.

By submitting suggestions or other feedback regarding the Site or Services, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, distribute, disclose, and otherwise exploit that feedback for any purpose without compensation to you. Feedback excludes Customer Data and information identified as confidential under an applicable agreement.

11. SOCIAL MEDIA

Where a third-party sign-in or integration is offered, you authorize the access and exchange of information described in the applicable authorization flow and Privacy Policy. You are responsible for complying with the third-party provider's terms and granting only permissions you are authorized to grant. Third-party services are outside our control, and their availability, changes, or discontinuance may affect the integration. Connection permissions may be managed through the options made available by the relevant provider or Service. This section does not authorize access to contacts, address books, or other information beyond the permissions actually granted.

12. SUBMISSIONS

Questions, comments, suggestions, ideas, and other feedback regarding the Site or Services ("Submissions") are licensed under Section 10, not assigned to OpenObserve. Submissions exclude Customer Data and information identified as confidential under an applicable agreement. You represent that you have the rights necessary to grant that license. Except for those exclusions, Submissions are provided without an obligation of confidentiality, attribution, or compensation, and we may use them under the Section 10 license for any lawful purpose. To the extent permitted by law, you waive moral rights in Submissions to the extent necessary for exercise of that license.

13. U.S. GOVERNMENT RIGHTS

Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our services are subject to the terms of these Terms and Conditions in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the Department of Defense, our services are subject to the terms of these Terms and Conditions in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202- 3. In addition, DFARS 252.227-7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms and Conditions.

14. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms and Conditions ; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions , including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

15. PRIVACY POLICY

Our Privacy Policy describes processing of website, account, business-contact, and other information for which we act as controller. Where Customer Data contains personal data that we process on your behalf, the DPA governs that processing. Logs, metrics, and traces are not necessarily personal data, but identifiers or other contents may make them so. You are responsible for selecting the appropriate deployment region and configuring retention and access controls. This agreement does not deem all data to be hosted in the United States or treat continued use as consent to an international transfer. Any restricted international transfers in the actual processing are governed by applicable law and the DPA. Customer-selected storage location does not itself establish the location of all authorized support access or other processing.

16. TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Site. The discretionary termination rights in this section apply to the public Site and free Services. For paid Services, we may suspend or terminate for breach, nonpayment, unlawful use, security threats, or as otherwise permitted by the applicable agreement, with notice and an opportunity to remediate where practicable and consistent with law and protection of the Services; urgent action may be immediate. If we discontinue a committed paid Service for convenience, we will refund prepaid fees for the unused discontinued portion and release the corresponding future commitment, without additional liability to the extent permitted by law. Required DPA offboarding obligations continue to apply. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS , FOR THE PUBLIC SITE AND FREE SERVICES, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY EXCEPT AS REQUIRED BY LAW, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. FOR THE PUBLIC SITE AND FREE SERVICES, WE MAY TERMINATE YOUR USE OR DELETE YOUR ACCOUNT AND CONTENT AT ANY TIME IN OUR SOLE DISCRETION, SUBJECT TO APPLICABLE LAW AND DPA OBLIGATIONS.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

17. MODIFICATIONS AND INTERRUPTIONS

Subject to the applicable Order, DPA, SLA, and Section 16 protections for committed paid Services, we reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

The following disclaimers do not displace commitments or remedies expressly provided in an applicable Order, SLA, or DPA. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

18. GOVERNING LAW

These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California , without regard to its conflict of law principles.

19. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Consumer Arbitration Rules ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Alameda, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Alameda, California , and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts . Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

20. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

21. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

22. LIMITATIONS OF LIABILITY

SUBJECT TO EXPRESS OBLIGATIONS IN THE APPLICABLE AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE FEES PAID, IF ANY, BY YOU FOR THE AFFECTED SERVICES DURING THE SIX (6) MONTH PERIOD BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY. THIS IS A SINGLE AGGREGATE CAP FOR ALL RELATED CLAIMS UNDER THESE TERMS AND INCORPORATED DOCUMENTS, NOT A SEPARATE CAP PER CLAIM OR DOCUMENT; THE DPA’S EXPRESS LIABILITY PROVISIONS AND MANDATORY LAW CONTROL WHERE APPLICABLE. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

23. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms and Conditions ; (3) any breach of your representations and warranties set forth in these Terms and Conditions ; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. You may not settle a covered claim without our prior written consent. This indemnity does not apply to the extent a claim is caused by our breach of the applicable agreement or unlawful conduct.

24. USER DATA

You are responsible for Customer Data, retention settings, appropriate backups, and timely export using available Service functionality. Data availability follows the applicable deployment and retention settings; you should not rely on the Services as your sole backup. We do not promise a separate post-termination preservation or export period beyond the applicable agreement or DPA, nor recovery of data that has expired or been deleted under your settings. Any backup or restoration commitments must be expressly stated in the applicable agreement. Liability for loss or corruption of data is subject to Section 22 and applicable law; nothing in this section overrides mandatory DPA obligations.

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

26. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

27. USE OF CUSTOMERS AS REFERENCES

By using the Service, you agree that we may use your name, logo, and any non-confidential information about your use of the Service as a reference on our website, marketing materials, and other promotional content.

28. MISCELLANEOUS

These Terms and Conditions and the documents expressly incorporated under Section 1, subject to the priority of a separately signed agreement, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

29. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us by email at hello@openobserve.ai

Nothing in these Terms excludes rights, remedies, or liability that cannot lawfully be excluded or limited. Mandatory law controls any conflicting notice, consent, dispute-resolution, or liability provision.