Found Standard Terms of Service - English

Not for editing

THESE TERMS OF SERVICE (THE "TERMS") ARE PART OF A LEGAL CONTRACT BETWEEN FOUND AS ("FOUND", "WE" OR "US") AND PERSONS OR ENTITIES ("YOU") REGISTERING FOR AN ACCOUNT ("ACCOUNT") TO USE OR PURCHASE A SUBSCRIPTION TO THE SERVICE PROVIDED BY FOUND ("FOUND BY ELASTIC"), OR SIMPLY USING THE WEBSITE WWW.ELASTIC.CO/FOUND ("SITE").

THE TERMS, TOGETHER WITH ANY ADDITIONAL TERMS AND CONDITIONS AND/OR POLICIES REFERENCED AND INCORPORATED HEREIN, PROVIDE ALL OF THE TERMS AND CONDITIONS INCLUDED IN A LEGALLY BINDING CONTRACT BETWEEN YOU AND FOUND (THE "AGREEMENT"). THE AGREEMENT GOVERNS YOUR USE OF THE SITE, AND, IF YOU REGISTER FOR AN ACCOUNT, YOUR USE OF FOUND BY ELASTIC THROUGH YOUR ACCOUNT WITH THE SITE. IF YOU REGISTER FOR AN ACCOUNT ON BEHALF OF AN ENTITY, YOU HEREBY REPRESENT AND WARRANT TO FOUND THAT YOU HAVE THE ACTUAL AUTHORITY TO BIND SUCH ENTITY TO THE AGREEMENT.

IF YOU DO NOT AGREE WITH ANY OF THE TERMS IN THE AGREEMENT, YOU MAY NOT USE THE SITE, REGISTER FOR AN ACCOUNT OR USE FOUND BY ELASTIC. BY USING THE SITE, REGISTERING FOR AN ACCOUNT AND/OR USING FOUND BY ELASTIC, YOU IRREVOCABLY AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT APPLICABLE TO SUCH ACTIVITY.

FOUND AS IS A SUBSIDIARY OF ELASTICSEARCH GLOBAL BV.


1. Your Account

  1. In order to use Found by Elastic, you must first register for an Account on the Site. If you sign up for, or purchase a subscription to, Found by Elastic through a third party, you will create the Account either (i) through the third party's site, (ii) by being redirected to the Site to create an Account, or in the case of Found Premium, our operations team will set will create the account for you.
  2. By creating the Account, you are responsible for maintaining the security of your Account (including, but not limited to, login credentials, security-keys and the correct configuration of Access Control Lists), and you are fully responsible for all activities that occur under your Account, and any other actions taken in connection with your Account. You agree to immediately notify Found of any unauthorized use of your Account, or any other breaches of security of which you become aware. Found will have no liability liable for any acts or omissions on your part, including any damages of any kind incurred as a result of such acts or omissions.
  3. Your Account will be your main point of contact for Found by Elastic. Any notifications regarding Found by Elastic will be sent to the email address registered with your Account.

2. Found Standard and Found Premium

  1. You may elect to use one of two versions of Found by Elastic, "Found Standard" or "Found Premium".
  2. If you elect to use Found Standard, then these Terms, together with the Found Privacy Policy located at https://www.found.no/legal/pp/, and the Found Support Policy https://www.found.no/legal/sp/, both of which are hereby incorporated herein by this reference, contain the terms of the Agreement applicable to your use of Found by Elastic.
  3. If you elect to use Found Premium, then these Terms, as well as the Found Premium Terms and Conditions located at https://www.elastic.co/found_premium/support_policy and incorporated herein by this reference, and the Found Privacy Policy, contain the terms of the Agreement applicable to your use of Found by Elastic. In addition, use of Found Premium requires the purchase of a subscription through the execution of an applicable order form. In the event of any conflict between provisions in these Terms and those in the Found Premium Terms and Conditions, the provisions in the Found Premium Terms and Conditions will prevail.

3. Your Data

  1. In connection with your use of Found by Elastic, you or some or all of your end users may send information, content and data (collectively, "Data") to, or retrieve Data from, Found by Elastic. You are entirely responsible for the content, accuracy and completeness of such Data, and any loss, liabilities or damages resulting from the Data, regardless of whether the Data consists of, including but not limited to, text, graphics, audio, video, or computer software.
  2. By making Data available to Found by Elastic, you represent and warrant that (i) you own or have the necessary licenses to provide the Data to Found by Elastic, and the provision of the Data to, and use of the Data by, Found by Elastic as contemplated herein will not infringe the intellectual property rights, including but not limited to copyright, patent, trademark or trade secret rights, of any third party, (ii) the Data does not contain any viruses, worms, malware, Trojan horses or other harmful or destructive code, (iii) the Data is not spam, is not machine or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing) (iv) you have, in the case of Data that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the Data, whether requested to do so by Found or otherwise and (v) personal data shall only be supplied to Found or included in the Data if and to the extent done so in accordance with applicable law in the relevant territory, and you have obtained all necessary consents from registered persons related to the processing of such personal data by yourself, Found and its subcontractors and partners under this Agreement, which may include Amazon Web Services (AWS). For your information about AWS privacy policy, see http://aws.amazon.com/privacy/.
  3. By submitting Data to Found, you hereby grant Found a worldwide, royalty-free, and non-exclusive right to reproduce, modify, adapt and publish the Data solely for the purpose of enabling Found to provide you with Found by Elastic. If you wish to delete Data from your Account, Found will use reasonable efforts to remove it, but you acknowledge that backups, caching or references to the Data may not be made immediately unavailable.
  4. Without limiting any of the foregoing, Found has the right, though not the obligation, in Found's sole discretion, either to (i) refuse or remove any Data for any reason, or to (ii) terminate or deny access to, and use of Found by Elastic for any individual or entity for any reason. Found shall have no obligation to provide a refund of any amounts previously paid by any such individual, or entity having been denied access.

4. Payment terms

  1. With the exception of any free trial period, or where otherwise explicitly noted, you are required to pay a fee for the right to access and use Found by Elastic. You must provide a valid credit card, as well as name and address, to Found's payment processor in order to make use of Found by Elastic. You are responsible for keeping the payment details up to date. A credit card is not required to start a free trial.
  2. Found will charge your credit card on a monthly basis in arrears based on your elected subscription together with Found's measurements of your use of Found by Elastic, unless otherwise agreed to in writing. However, Found reserves the right to require up-front payment for some features or functions of Found by Elastic. You agree to pay the then-prevailing fees for your use of Found by Elastic, as set forth on the Site. Prices are exclusive of all sales, use, value added and excise taxes. You are responsible for paying all taxes and government charges, if any, in your own jurisdiction.
  3. Any outstanding balance becomes immediately due and payable upon termination of your use of Found by Elastic for any reason.
  4. Late payments will bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). You are responsible for paying all reasonable expenses and attorneys' fees that Found incurs in connection with collecting unpaid amounts that are past due. Found reserves the right to terminate your right to access and use Found by Elastic for failure to timely pay amounts due. In order to dispute any amount billed to you for your use of Found by Elastic, you must do so within ten (10) days of being billed for such amounts, or you will be deemed to have waived your right to dispute such amounts.
  5. You acknowledge and agree that any credit card and related billing and payment information that you provide to Found may be shared by Found with companies who work on Found's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Found and servicing your Account. Found shall not be liable for any use or disclosure of such information by such third parties.
  6. Found may change its fees and payment policies for Found by Elastic by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the Site and/or through any of our established communication channels.
  7. You may not register multiple Accounts to simulate or act as a single Account or otherwise access Found by Elastic in a manner intended to avoid incurring fees.
  8. Found may offer a discount of the fees otherwise payable to use Found by Elastic, in exchange for your payment of fees in advance. Discounts are non-transferable and any up-front fees are non-refundable. A discount cannot be changed after purchase or further discounted. If applicable, you are informed of the period of the discount. When a discount expires, you will continue to be charged for access to and use of Found by Elastic, at the then-current rates.

5. Restrictions

  1. You shall not (i) use Found by Elastic to store or transmit computer viruses, worms, time bombs, Trojan horses and other harmful or malicious code, routines, files, scripts, agents or programs, (ii) use Found by Elastic to store or distribute any information, material or data that is harassing, threatening, infringing, libelous, unlawful, obscene, or which violates the privacy or intellectual property rights of any third party, (iii) access or use Found by Elastic if you are a direct competitor of Found, (iv) access or use Found by Elastic for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes, including, without limitation, for the purpose of designing and/or developing any competitive services, (v) make access to Found by Elastic through your account available to any third party, (vi) sell, resell, rent, lease, offer any time sharing arrangement, service bureau or any service based upon, Found by Elastic, (vii) interfere with or disrupt the integrity or performance of Found by Elastic or third-party data contained therein, (viii) attempt to gain unauthorized access to Found by Elastic or any associated systems or networks or (ix) modify, make derivative works of, disassemble, decompile or reverse engineer Found by Elastic or any component thereof.
  2. If Found believes, in its sole discretion, that you have violated or attempted to violate any of the forgoing restrictions, Found may suspend or terminate your access to Found by Elastic.
  3. If your use of Found by Elastic with or without your knowledge exceeds the average usage in such a manner that it causes problems for other customers, as determined solely by Found, we reserve the right to throttle or pause your use of Found by Elastic, with or without prior notice. Please contact us if you need to assess performance by benchmarking for more than five minutes.

7. Intellectual Property

This Agreement does not transfer from Found to you any intellectual property rights, and all right, title and interest in and to Found by Elastic will remain (as between the parties) solely with Found or its third party suppliers. Found, the Found logo, and all other trademarks, service marks, graphics and logos used in connection with Found by Elastic and the Site are trademarks or registered trademarks of Found or Found's third party suppliers. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Found grants to you no right or license to reproduce, or otherwise use any Found or third-party trademarks in connection with your use of Found by Elastic.


8. Termination

  1. You may terminate this Agreement at any time by cancelling your Account with Found by Elastic. Termination of this Agreement shall neither release you from any obligations undertaken under the clauses of this Agreement, nor from any obligations to pay us for any outstanding fees. Any outstanding fees will be billed to you or withdrawn from your registered credit card. You will not receive any refunds by cancelling your Account.
  2. Found may terminate your access to all or any part of Found by Elastic at any time, with or without cause, with or without notice, effective immediately. You agree that Found will not be liable to you or any third party for any such termination.
  3. You are solely responsible for deleting or retrieving your Data from Found by Elastic prior to termination of your Account for any reason. If we terminate your Account, we will provide you with a reasonable opportunity to retrieve your Data from Found by Elastic, if you so request. Such a request must be sent by email to Found within seven (7) days after you receive notice regarding the termination. In any event, Data will be deleted from Found by Elastic no earlier than fourteen (14) days after the termination notice regarding your Account has been sent to you.

9. Disclaimers

  1. FOUND BY ELASTIC AND THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FOUND AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER FOUND NOR ITS SUPPLIERS AND LICENSORS MAKES ANY WARRANTY THAT THE SITE AND/OR FOUND BY ELASTIC WILL BE ERROR FREE, TIMELY, MEET YOUR SPECIFIC REQUIREMENTS OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED.
  2. You understand and agree that your use of the Site and Found by Elastic is entirely at your own risk. In the event of failure, we do not refund or credit any fees for any reason.
  3. Furthermore, Found, while Found reserves the right, it has no obligation to monitor all of the content, data or information posted on the Site and/or uploaded to Found by Elastic by third parties, and therefore is not responsible for any such content, data or information. Found does not represent or imply that it endorses any such content, data or information, or that we believe such content, data or information to be accurate, useful or non-harmful. You are responsible for taking precautions necessary to protect yourself, and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive materials. Found disclaims any responsibility for any harm resulting from the use by you of the Site of Found by Elastic, or from any downloading by you of material posted there.

10. Limitation of liability

TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL FOUND, OR ITS SUPPLIERS OR LICENSORS, HAVE ANY LIABILITY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT OR INDIRECT, IN CONNECTION WITH THE SITE OR THE PROVISION OF FOUND BY ELASTIC, OR YOUR USE OF EITHER OF THEM, WHETHER BASED ON, NEGLIGENCE, TORTS, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY.


11. Indemnification

You agree to defend, indemnify and hold harmless Found, its contractors, suppliers and licensors, and their respective directors, officers, employees and agents from and against any and all claims, suits actions, liabilities, costs, damages and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Site and/or Found by Elastic, including but not limited to your violation of this Agreement.


12. Assignments and Transfers

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by its terms and conditions; Found may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.


13. Governing Law and Jurisdiction

This Agreement will be governed by the laws of the State of California, without regard to its conflict of laws principles. This Agreement shall not be governed by the 1980 UN Convention on Contracts for the International Sale of Goods. All suits hereunder will be brought solely in Federal Court for the Northern District of California, or if that court lacks subject matter jurisdiction, in any California State Court located in Santa Clara County. The parties hereby irrevocably waive any and all claims and defenses either might otherwise have in any such action or proceeding in any of such courts based upon any alleged lack of personal jurisdiction, improper venue, forum non conveniens or any similar claim or defense.


14. Miscellaneous

This Agreement constitutes the entire agreement between Found and you concerning the subject matter hereof, and supersedes any and all prior oral or written agreements, understandings and quotations relating hereto. Found reserves the right to change the terms and conditions of this Agreement by posting modified terms and conditions, along with notice of the fact that changes have been made to these Terms. Otherwise, you agree that the Agreement between you and Found may only be modified by a written amendment signed by an authorized executive of Found.

If any provisions of this Agreement are held to be illegal, invalid or unenforceable, this shall not affect the legality and validity of the other provisions, which means that such provisions shall, if required, be modified or reformed to the fullest extent possible under applicable law so as to reflect the original intent of Found. The provisions of Sections 2, 3(a), 3(d), 4(c), 5(a), 7, 8(c), 9, 10, 11, 13 and 14 of these Terms will survive the termination or expiration of the Agreement.

v 1.0, July 1, 2015