Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and Nightowls, LLC, a limited liability company doing business as Lightning Logs ("Company", "we", "us", or "our"). By accessing or using the Lightning Logs service (the "Service"), you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

The Service is a logging and observability platform that allows you to collect, store, search, and analyze application logs. By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Account Registration and Responsibilities

To use the Service, you must create an account by providing a valid email address and any other information we require. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Ensuring that all information you provide is accurate and current
• Notifying us immediately of any unauthorized use of your account

You must be at least 18 years old to use the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit, store, or process any content that is illegal, harmful, threatening, abusive, or otherwise objectionable
• Interfere with or disrupt the Service or servers connected to the Service
• Attempt to gain unauthorized access to the Service or any related systems or networks
• Use the Service to send spam, phishing, or other malicious content
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated systems to access the Service in a manner that sends more requests than a human could reasonably produce
• Resell, sublicense, or otherwise commercialize the Service without our express written permission

We reserve the right to suspend or terminate your account immediately if we determine, in our sole discretion, that you have violated this Acceptable Use Policy.

4. Service Availability and Uptime

We do not guarantee that the Service will be available at all times. The Service is provided on an "as-is" and "as-available" basis. We may experience downtime, including but not limited to:

• Scheduled maintenance windows
• Unscheduled maintenance or emergency repairs
• Service interruptions due to factors beyond our control
• Third-party service provider outages

We do not provide any Service Level Agreement (SLA) or uptime guarantees. While we strive to maintain high availability, we cannot guarantee uninterrupted access to the Service. You acknowledge that the Service may be unavailable from time to time and that we are not liable for any damages resulting from such unavailability.

5. Data Retention and Deletion

Data retention periods vary based on your subscription plan. Logs are retained according to the retention period specified in your plan (e.g., 3 days, 7 days, 15 days, 30 days). After the retention period expires, logs may be automatically deleted.

You may request deletion of your data at any time by contacting us. Upon account termination, we will delete your data within 30 days, except where we are required to retain data by law or for legitimate business purposes.

You are solely responsible for maintaining backups of your data. We are not responsible for any loss of data, including data loss due to retention expiration, account termination, or service interruptions.

6. Payment Terms and Billing

Subscription fees are billed in advance on a monthly basis. All fees are non-refundable except as required by law. You agree to pay all fees associated with your subscription plan.

We reserve the right to change our pricing at any time. Price changes will be communicated to you at least 30 days in advance and will apply to your next billing cycle. If you do not agree to the price change, you may cancel your subscription before the change takes effect.

If payment is not received by the due date, we may suspend or terminate your account. You are responsible for any taxes, duties, or fees imposed by any government authority in connection with your use of the Service.

7. Customer Data and Privacy

You are solely responsible for the data you send to the Service, including any personally identifiable information (PII) contained in your logs. You represent and warrant that:

• You have the right to send all data you transmit to the Service
• You have obtained all necessary consents and authorizations for any PII contained in your logs
• Your use of the Service complies with all applicable privacy laws and regulations
• You will not send data that violates any third-party rights or applicable laws

While we encrypt data at rest and in transit, you acknowledge that you are responsible for ensuring that your use of the Service complies with your own privacy obligations, including but not limited to GDPR, CCPA, HIPAA, and other applicable privacy regulations.

Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8. Intellectual Property

The Service, including all software, technology, designs, text, graphics, and other content, is owned by Nightowls, LLC and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service solely for your internal business purposes.

You retain all ownership rights to the data you send to the Service. By using the Service, you grant us a limited license to use, store, and process your data solely for the purpose of providing the Service to you.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

We do not warrant that the Service will meet your requirements, be uninterrupted, secure, or error-free, or that defects will be corrected. You assume all risks associated with your use of the Service.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business, or goodwill, even if we have been advised of the possibility of such damages.

10. Indemnification

You agree to indemnify, defend, and hold harmless Nightowls, LLC, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any data you send to the Service, including any PII or other sensitive information
• Your failure to comply with applicable laws or regulations

11. Termination

You may terminate your account at any time by contacting us or through your account settings. We reserve the right to suspend or terminate your account immediately, without notice, if:

• You violate these Terms or our Acceptable Use Policy
• You fail to pay any fees when due
• We determine, in our sole discretion, that your use of the Service poses a risk to us or other users
• We are required to do so by law

Upon termination, your right to use the Service will immediately cease. We may delete your data in accordance with our data retention policies. Sections of these Terms that by their nature should survive termination will survive, including but not limited to Sections 7, 8, 9, 10, and 12.

12. Dispute Resolution

Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted in the United States, and the arbitrator's decision shall be final and binding.

Class Action Waiver: You agree that any disputes must be brought on an individual basis only. You may not bring a claim as a plaintiff or class member in any class, consolidated, or representative action.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the courts located in the United States.

13. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through a notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the changes constitutes your acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.

14. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or internet service provider failures.

15. Contact Information

If you have any questions about these Terms, please contact us: