Product Terms Observe by Cyso
Version 1.0 – november 2023
These product terms (hereinafter referred to as “Terms”) govern the conditions under which Cyso B.V. (“the Service Provider”) provides the Managed Observability service (“the Service”) to the customer (“the Customer”). By using the Service, the Customer agrees to these Terms.
1.1. The Service consists of an integrated observability platform, including monitoring, logging, and other relevant features, hosted and managed by the Service Provider.
1.2. The Service is offered as a Software-as-a-Service (SaaS) on a pay-as-you-go basis.
1.3. The Service includes the delivery of an observability platform that utilizes various software products from Grafana Labs. This open-source software is made available by Grafana Labs under the following license: https://grafana.com/legal/grafana-labs-license/
2.1. The Service Provider aims to maintain an availability percentage of 99.5% per calendar month. Availability is calculated as the percentage of total minutes in a calendar month during which the Service is operational and accessible to the Customer.
2.2. Scheduled maintenance and maintenance announcements are not included in the availability calculation. The Service Provider will notify the Customer at least 24 hours in advance of scheduled maintenance.
2.3. In the event that the Service does not meet the agreed-upon availability percentage of 99.5% for a specific calendar month, the Customer may be eligible for a service credit as described below in clause 4.
3.1. The Service Provider offers customer support via email for technical and operational questions regarding the functionality and operation of the Service. The Customer can contact the Customer Support of the Service Provider for the following types of questions:
- Technical support for configuring and integrating the Customer’s environment with the observability platform of the Service Provider.
- Assistance in identifying and resolving technical issues, error messages, or disruptions related to access and use of the Service.
- Guidance in setting up and adjusting monitoring and logging settings to meet the specific requirements of the Customer.
3.2. Customer support is available during the office hours of the Service Provider, from 09:00 to 18:00, Monday to Friday, according to the time zone of the Service Provider.
3.3. The Service Provider will make all reasonable efforts to provide a timely and effective response to the Customer’s inquiries and requests.
4.1. In case of non-compliance with the agreed-upon availability percentage of 99.5% in a calendar month, the Customer may be eligible for a service credit as follows:
- Less than 99.5% but greater than or equal to 99.0%: 10% of the costs of the respective month
- Less than 99.0% but greater than or equal to 98.0%: 20% of the costs of the respective month
- Less than 98.0% but greater than or equal to 97.0%: 50% of the costs of the respective month
- Less than 97.0%: 100% of the costs of the respective month
4.2. The Customer must submit a written request to the Service Provider within 30 days after the end of the respective calendar month to qualify for the service credit. The service credit will be applied to the billing for the following month.
Payment and Billing:
5.1. The Customer agrees to pay for the Service based on actual usage, as calculated and determined by the Service Provider. The Service Provider will invoice monthly based on usage in the preceding calendar month.
5.2. Payments must be made within the specified payment term of 14 days from the invoice date.
Processing of Personal Data:
6.1. In using the Service, the Service Provider may process personal data on behalf of the Customer. The parties agree to comply with all applicable data protection and privacy laws and regulations.
6.2. If the processing of personal data occurs, the Customer and the Service Provider will enter into a separate data processing agreement outlining the responsibilities and obligations regarding the processing of personal data.
7.1. Both parties have the right to terminate the agreement for the Service with immediate effect by written notice.
7.2. In case of termination, the Customer retains access to the Service until the end of the current billing period.
Data Storage and Backups:
8.1. The Service Provider does not make backups of the data entered or generated by the Customer within the Service. It is the responsibility of the Customer to make adequate backups of all data stored in the Service.
8.2. The underlying storage infrastructure hosting the Customer’s data is redundantly implemented to ensure data availability and integrity. The Service Provider takes measures to prevent hardware failures and has a data integrity recovery plan in case of incidents.
8.3. The Service Provider does make a (daily?) backup of the dashboards configured by the Customer in the Service.
9.1. The Customer is responsible for adequately configuring the software and systems on their end to include the necessary data in the Service Provider’s platform.
9.2. The Service Provider is not responsible for the accuracy, completeness, or quantity of data generated, transmitted, or recorded by the Customer in the Service.
9.3. The Customer acknowledges that the amount of data processed and stored in the Service is their own responsibility, and the costs for using the Service will vary based on the volume and frequency of data.
9.4. The Service Provider reserves the right to take measures to limit or control unreasonable or excessive use of the Service, including, but not limited to, imposing restrictions on data storage, data retention, or charging additional fees for excessive use.
10.1. The Service Provider is not liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, loss of data, or business interruption, even if the possibility of such damages was foreseeable.
10.2. The liability of the Service Provider for direct damages, regardless of the cause of action, will be limited to the total amount paid by the Customer to the Service Provider for the Service during the six months preceding the occurrence of the damage-causing incident.
Deletion of Customer Data after Termination:
11.1. Upon termination of the Service, for any reason, the Service Provider will delete all Customer data still in its possession within 30 days, except for data subject to legal retention requirements.
11.2. The Customer acknowledges that after termination of the Service, access to the data will no longer be available, and it is the Customer’s responsibility to extract or export all desired data from the Service before termination.
Applicability of Service Provider’s General Terms and Conditions:
12.1. In addition to these specific product terms, the general terms and conditions of the Service Provider also apply to the use of the Service.
12.2. In case of conflict between these product terms and the general terms and conditions of the Service Provider, the provisions in these product terms take precedence regarding the Service.
These Terms are effective as of the commencement date and may be revised and updated with prior notice to the Customer. Continued use of the Service after notification of revision is considered acceptance of the updated Terms.