Terms of Service

Last Updated: January 1, 2026

This website, together with any related websites, (collectively, the “Site”) is owned and operated by Tailglow (“Tailglow”, “we”, “our”, or “us”). Tailglow is an observability and analytics platform that enables product teams to understand metrics like customer growth and SaaS usage, and find errors and performance issues. Please read these Terms of Use (“Terms”) carefully before using the Site. By accessing or using the Site or any of its content, you agree to be legally bound by these Terms. If you do not accept these Terms, do not use the Site or any of its Content.

You represent to Tailglow that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into these Terms for an entity, such as the company you work for, you represent that you have authority to bind that entity and you agree that “you” as used in these Terms includes both you personally and the entity you represent. You and Tailglow are collectively referred to as the “Parties” and each is a “Party”.

Service Agreement

These Terms do not govern the use of the hosted observability platform, monitoring service, and other services (the “Service”) operated by Tailglow. If you are accessing or using the Service, even if you are doing so through a free trial, then you are subject to Tailglow’s Master Service Agreement or such other written contract as may be separately agreed between you and Tailglow.

Definitions

• “Additional Uses” means any legitimate business purposes such as analytics, benchmarking, reporting and developing new products and services.
• “Aggregated or Anonymized” means de-identified or aggregated so that it does not individually identify Customer, its Users or any other person, and Tailglow will not identify Customer as the source of such data.
• “Agreement” means these Terms and any other applicable agreements between you and Tailglow.
• “Analytics Data” means data collected and processed for the purpose of understanding customer growth, product usage, and performance, including customer growth metrics, usage patterns and engagement data, performance indicators, error and exception data, and user behavior analytics.
• “Confidential Information” has the meaning set forth in Section 6.1.
• “Customer Data” means any data, content, code, logs, metrics, traces, errors, or other materials of any type that you submit to the Services.
• “Documentation” means the technical documentation and user guides made available by Tailglow for the Services.
• “High Risk Activities” means activities where use or failure of the Service could lead to death, personal injury or environmental damage, including life support systems, emergency services, nuclear facilities, autonomous vehicles or air traffic control.
• “Metric Data” means quantitative measurements of customer acquisition and retention, product usage and engagement, performance and reliability, feature adoption and interaction, and system resource utilization.
• “Non-Identifying Data” means elements of Service Data that by their nature cannot be used to identify Customer or its Users. This will not include any Personal Data, source code, content or attachments.
• “Service Data” means data collected from Customer’s systems that is reported to the Service, including software exceptions or bugs, performance metrics, system resource usage, associated context and metadata, files or attachments, and any other data submitted to the Service.
• “Services” means the hosted observability platform, monitoring service, analytics tools, APIs, SDKs, and other services provided by Tailglow.
• “Subscription Term” means the period during which you have an active subscription to the Services.
• “Usage Data” means technical logs, data and learnings about Customer’s configuration and use of the Service, including quota information and frameworks in use.
• “User” means any individual who has been granted access to use the Services under your account.

Account Registration and Security

2.1 Registration Requirements

To access the Services, you must register for an account. You agree to provide accurate, current, and complete information during registration.

2.2 Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breaches
• Ensuring proper configuration of the Services and integration with your applications

Service Usage and Limitations

3.1 License Grant

Subject to these Terms, we grant you a non-exclusive, non-transferable license to:

• Install and use our monitoring agents and SDKs for collecting product analytics and performance data
• Access and use our dashboard and analytics tools for understanding customer growth and SaaS usage
• Use our APIs to integrate with the Services and extract analytics data
• Configure and manage monitoring rules and alerts
• Access and analyze product metrics, customer behavior, and performance data

3.2 Analytics and Metrics

The Services provide various analytics capabilities including:

• Customer growth tracking and analysis
• SaaS usage pattern monitoring
• Error detection and performance monitoring
• Custom metric tracking and reporting
• User behavior and engagement analytics

3.3 Usage Restrictions

You agree not to:

• License, sublicense, sell, resell, rent, lease, transfer, or distribute the Services
• Modify, decompile, reverse-engineer, disassemble, or create derivative works of the Services
• Use the Services to store or transmit malicious code or infringing, libelous, or otherwise unlawful material
• Interfere with or disrupt the integrity or performance of the Services
• Attempt to gain unauthorized access to the Services or related systems
• Use the Services for benchmark testing or competitive analysis
• Exceed any applicable API rate limits or service quotas

Data Usage and Rights

4.1 Analytics Data

• Customer grants Tailglow a worldwide, non-exclusive license to collect, host, copy, transmit, analyze and process analytics data to provide and improve the Services
• Analytics data includes customer growth metrics, usage patterns, performance data, and error logs
• Tailglow may create aggregate analytics and insights from collected data while maintaining customer privacy
• Customers maintain ownership of their raw data while granting Tailglow rights to process and analyze it

4.2 Usage Data

Notwithstanding anything to the contrary in this Agreement, Tailglow may collect and use Usage Data to operate, improve and support the Service and for Additional Uses. Tailglow will not disclose Usage Data externally, including in benchmarks or reports, unless it has been Aggregated or Anonymized.

4.3 Data Storage and Processing

• Tailglow will store Service Data in the region selected by Customer through its configuration of the Service
• Tailglow may process Service Data in the United States or in countries where its Affiliates and third-party sub-processors are located

4.4 Data Export and Deletion

During the Subscription Term, Customer may export its Service Data from the Service using the export features described in the Documentation. After the Subscription Term, Tailglow reserves the right to delete Service Data in accordance with its standard schedule and procedures.

Customer Data and Privacy

5.1 Ownership

You retain all rights to your Customer Data. You grant us a license to host, copy, transmit, and display Customer Data as necessary to provide the Services.

5.2 Security

We implement reasonable security measures to protect Customer Data, including:

• Encryption of data in transit and at rest
• Access controls and authentication mechanisms
• Regular security assessments and monitoring
• Incident response procedures

5.3 Privacy

Our processing of personal data is governed by our Privacy Policy at tailglow.io/privacy.

5.4 Data Retention

We retain Customer Data and Service Data in accordance with your configuration settings and our data retention policies.

5.5 Analytics Data Processing

• We process analytics data to generate insights about customer growth, product usage, and performance
• Analytics data is aggregated and anonymized when used for benchmarking
• Customers can configure data collection parameters
• We implement measures to protect sensitive metrics and usage data

Confidentiality

6.1 Definition of Confidential Information

“Confidential Information” means any proprietary or confidential information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”), including:

• Tailglow’s Confidential Information: The Services, Documentation, technical information, product roadmaps, pricing, performance data, security measures, and business strategies
• Customer’s Confidential Information: Customer Data, account information, usage patterns, and business information
• Information marked as “confidential” or that would reasonably be considered confidential given the nature of the information and circumstances of disclosure

Confidential Information does not include information that:

• Is or becomes publicly available through no breach of this Agreement
• Was rightfully known to the Receiving Party without confidentiality restrictions prior to disclosure
• Is rightfully received from a third party without confidentiality obligations
• Is independently developed by the Receiving Party without use of the Confidential Information

6.2 Obligations

The Receiving Party agrees to:

• Hold all Confidential Information in strict confidence
• Use the same degree of care to protect Confidential Information as it uses for its own confidential information (but no less than reasonable care)
• Use Confidential Information only for the purposes of exercising rights or performing obligations under this Agreement
• Limit disclosure to employees, contractors, and agents who have a legitimate need to know and are bound by confidentiality obligations at least as protective as those in this Agreement
• Not disclose Confidential Information to any third party without the prior written consent of the Disclosing Party

6.3 Permitted Disclosures

The Receiving Party may disclose Confidential Information if required by law, court order, or governmental regulation, provided that the Receiving Party:

• Provides the Disclosing Party with prompt written notice of such requirement (to the extent legally permitted)
• Cooperates with the Disclosing Party’s efforts to seek protective orders or other appropriate remedies
• Discloses only the minimum Confidential Information required to comply with the legal obligation

6.4 Remedies

The parties acknowledge that unauthorized disclosure or use of Confidential Information may cause irreparable harm for which monetary damages would be an inadequate remedy. Accordingly, the Disclosing Party shall be entitled to seek equitable relief, including injunction and specific performance, in addition to all other remedies available at law or in equity.

Service Levels and Support

7.1 Service Levels

We will use commercially reasonable efforts to make the Services available with a 99.9% monthly uptime percentage, excluding:

• Planned maintenance with at least 24 hours advance notice
• Emergency maintenance
• Internet service provider failures
• Force majeure events

7.2 Support

We provide technical support via email according to our support policy.

Fees and Payment

8.1 Fees

You agree to pay all fees specified when you register for the Services. Fees are based on:

• Selected service tier
• Data ingestion volume
• Size of stored records

8.2 Payment Terms

• All fees are non-refundable unless otherwise specified in this Agreement
• Fees are payable in advance
• You are responsible for all taxes (excluding taxes based on Tailglow’s income)
• Fees are payable within 30 days of invoice date
• Late payments will accrue interest at 1% per month or the maximum rate permitted by law, whichever is less
• Fees are subject to change with 30 days advance notice

8.3 Payment Disputes

If you believe any invoice is incorrect, you must notify us in writing within 15 days of the invoice date, specifying the disputed amount and the reason for the dispute. You must pay all undisputed amounts by the due date. We will work with you in good faith to resolve any disputes. If we do not receive payment of undisputed amounts by the due date, we reserve the right to suspend your access to the Services after providing 10 days written notice.

8.4 Suspension for Non-Payment

If you fail to pay undisputed fees within 10 days after receiving written notice of non-payment, we may suspend your access to the Services until all outstanding amounts are paid in full. Suspension does not relieve you of your obligation to pay all fees owed.

Trademarks

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Tailglow or third parties. You are not permitted to use these Marks without the prior written consent of Tailglow or such third party.

Term and Termination

10.1 Term

This Agreement commences on the date you first access the Services and continues until terminated by either party in accordance with this Section 10.

10.2 Termination for Convenience

You may terminate this Agreement at any time by providing 30 days prior written notice to us and ceasing all use of the Services.

10.3 Termination for Cause

Either party may terminate this Agreement immediately upon written notice if the other party:

• Materially breaches this Agreement and fails to cure such breach within 30 days after receiving written notice of the breach
• Becomes insolvent, files for bankruptcy, or makes an assignment for the benefit of creditors
• Ceases to operate in the ordinary course of business

We may also terminate or suspend your access immediately if:

• You fail to pay undisputed fees within 10 days after written notice
• Your use of the Services poses a security risk or could adversely impact our systems or other customers
• You violate the usage restrictions in Section 3.3

10.4 Effect of Termination

Upon termination of this Agreement:

• All rights and licenses granted to you under this Agreement terminate immediately
• You must immediately cease all use of the Services
• You remain obligated to pay all fees incurred prior to the termination date
• We will cease providing the Services to you

10.5 Post-Termination Data Access

Following termination, you will have 30 days to export your Customer Data using the export features available in the Services. After this 30-day period, we reserve the right to delete all Customer Data in accordance with our standard data retention policies. We are not obligated to maintain or provide your Customer Data after this 30-day period.

10.6 Survival

The following sections shall survive any termination or expiration of this Agreement: Sections 2 (Definitions), 5 (Data Usage and Rights), 6 (Confidentiality), 8.2-8.4 (Payment Terms and Disputes), 10.4-10.6 (Effect of Termination, Post-Termination Data Access, and Survival), 11 (Warranties and Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), and 16 (General Provisions).

Warranties and Disclaimers

11.1 Warranty

We warrant that the Services will perform materially in accordance with our documentation.

11.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

Limitation of Liability

12.1 Exclusion of Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Liability Cap

IN NO EVENT SHALL TAILGLOW’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO TAILGLOW FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) TWO HUNDRED U.S. DOLLARS ($200).

12.3 Exceptions to Limitations

The limitations in Sections 12.1 and 12.2 shall not apply to:

• Either party’s indemnification obligations under Section 13
• Breaches of confidentiality obligations under Section 6
• Your payment obligations under Section 8
• Gross negligence or willful misconduct
• Liabilities that cannot be limited under applicable law

12.4 Application of Limitations

THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Indemnification

13.1 Tailglow Indemnification

Tailglow will defend you against any third-party claim that the Services, when used in accordance with this Agreement, infringe or misappropriate any U.S. patent, copyright, or trademark, and will indemnify you from any damages, attorneys’ fees, and costs finally awarded against you by a court of competent jurisdiction or agreed to in a settlement signed by Tailglow arising from such claim.

13.2 Customer Indemnification

You will defend Tailglow against any third-party claim arising from or related to:

• Your Customer Data or your use of the Services in violation of this Agreement
• Your breach of applicable laws or regulations
• Any claim that your Customer Data infringes or misappropriates any third-party intellectual property rights or violates any third-party privacy rights

You will indemnify Tailglow from any damages, attorneys’ fees, and costs finally awarded against Tailglow by a court of competent jurisdiction or agreed to in a settlement signed by you arising from such claim.

13.3 Indemnification Procedures

The indemnifying party’s obligations under this Section 13 are conditioned upon the indemnified party:

• Promptly notifying the indemnifying party in writing of the claim
• Granting the indemnifying party sole control of the defense and settlement of the claim
• Providing reasonable cooperation in the defense of the claim at the indemnifying party’s expense

The indemnifying party may not settle any claim without the indemnified party’s prior written consent if such settlement:

• Admits fault or liability on behalf of the indemnified party
• Imposes any obligation on the indemnified party
• Requires the indemnified party to pay any amount

13.4 Remedies

If the Services become, or in Tailglow’s opinion are likely to become, the subject of an infringement claim under Section 13.1, Tailglow may, at its option and expense:

• Procure the right for you to continue using the Services
• Modify or replace the Services to make them non-infringing while providing substantially equivalent functionality
• If the above options are not commercially reasonable, terminate this Agreement and refund any prepaid fees for the unused portion of the Subscription Term

13.5 Exclusions

Tailglow’s indemnification obligations under Section 13.1 do not apply to claims arising from:

• Modification of the Services by anyone other than Tailglow
• Use of the Services in combination with products, services, or data not provided by Tailglow
• Your failure to implement updates or patches made available by Tailglow
• Use of the Services in violation of this Agreement or applicable law
• Customer Data or third-party content

No-Charge Products

If Customer receives access to the Service or Service features on a no-charge, free or trial basis or as an alpha, beta or early access offering (“No-Charge Products”), use is permitted only during the period designated by Tailglow (or if not designated, 30 days). No-Charge Products are optional and either party may terminate them at any time for any reason. No-Charge Products may be inoperable, incomplete or include features that Tailglow may never release, and their features and performance information are Tailglow’s Confidential Information. Notwithstanding anything else in this Agreement, Tailglow provides no warranty, indemnity, service levels or Support for No-Charge Products and its liability for No-Charge Products will not exceed US$50.

Reseller Purchases

If Customer obtained the Service through an authorized reseller of Tailglow (“Reseller”):

• This Agreement is between Tailglow and Customer and governs all access and use of the Service
• Resellers are not authorized to modify this Agreement or make commitments on Tailglow’s behalf
• Customer’s order details will be as stated in the Order placed by Reseller with Tailglow
• Customer will pay applicable amounts to the Reseller as agreed between Customer and Reseller
• If the Reseller fails to pay Tailglow, Tailglow reserves the right to terminate the Subscription Term
• Refunds must be requested through the Reseller, and Tailglow will have no liability if Reseller fails to refund fees to Customer

General Provisions

16.1 Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

16.2 Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved exclusively in the state or federal courts located in San Francisco County, California. Both parties irrevocably consent to the exclusive jurisdiction and venue of such courts and waive any objection to the laying of venue in such courts.

16.3 Assignment

You may not assign, transfer, or delegate your rights or obligations under this Agreement without our prior written consent. Notwithstanding the foregoing, either party may assign this Agreement without consent in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, provided that the assignee agrees to be bound by the terms of this Agreement. Any attempted assignment in violation of this Section shall be void. This Agreement shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.

16.4 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16.5 Waiver

No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced. No failure or delay by either party in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise or the exercise of any other right, power, or privilege.

16.6 Entire Agreement

This Agreement, together with any Order Forms and incorporated policies, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

16.7 Amendment

We may modify this Agreement from time to time by posting a revised version on our website or by providing notice to you through the Services or via email. The modified Agreement will become effective upon posting or, if we provide notice, as stated in the notice. By continuing to use the Services after the effective date of any modifications, you agree to be bound by the modified Agreement. If you do not agree to the modifications, you must stop using the Services and terminate this Agreement.

16.8 Notices

All notices under this Agreement shall be in writing and shall be deemed given when: (a) delivered personally; (b) sent by confirmed facsimile or email; (c) sent by commercial overnight courier with written verification of receipt; or (d) five (5) business days after being sent by registered or certified mail, return receipt requested, postage prepaid. Notices to Tailglow shall be sent to legal@tailglow.io. Notices to you may be sent to the email address associated with your account.

16.9 Force Majeure

Neither party shall be liable for any failure or delay in performance under this Agreement (except for payment obligations) to the extent such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. The affected party shall promptly notify the other party of the force majeure event and use commercially reasonable efforts to mitigate the impact.

16.10 Independent Contractors

The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. Neither party has the authority to bind the other or to incur any obligation on the other’s behalf.

16.11 Export Compliance

You acknowledge that the Services and related technical data may be subject to export control laws and regulations. You agree to comply with all applicable export and import laws and regulations, including the U.S. Export Administration Regulations and the regulations administered by the U.S. Treasury Department’s Office of Foreign Assets Control. You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in a country or territory that is subject to U.S. economic sanctions, and that you are not identified on any U.S. government restricted party list.

16.12 U.S. Government Rights

If you are a U.S. government entity or the Services are being licensed for use by the U.S. government, the Services constitute “commercial computer software” and “commercial computer software documentation” developed exclusively at private expense. Pursuant to FAR 12.212 or DFARS 227.7202 and their successors, use, reproduction, and disclosure of the Services are subject to the terms of this Agreement.

Global Availability and Compliance

Tailglow provides services globally but makes no representation that the products and services referenced herein are appropriate, or available, worldwide. If you use this website or Services from locations outside the United States, you are responsible for compliance with all applicable local laws and regulations.

Contact Information

For questions about these Terms, please contact us at:

Email: legal@tailglow.io Website: tailglow.io