Terms of Service

1. Parties and Definitions

These Terms of Service ("Terms") constitute a legally binding agreement between:

• EuroBug B.V., a private limited company incorporated under Dutch law, operating the website and service at eurobug.eu ("EuroBug", "we", "us", "our"); and
• The legal entity or individual ("Customer", "you", "your") that registers an account and uses the Service.

2. Service Description and Plans

EuroBug provides a B2B frontend JavaScript error tracking service. Features and limits are determined by the Customer's Plan:

EuroBug reserves the right to modify Plan features, limits, and pricing with at least 30 days' advance notice. Existing paid subscriptions will not be repriced during the then-current billing period.

3. Account Registration and Security

To use the Service, the Customer must register an Account using a valid business email address. The Customer represents that all registration information is accurate, complete, and current. The Customer is responsible for:

• Maintaining the security of authentication credentials;
• All activities that occur under the Account, including actions by Users;
• Promptly notifying EuroBug at hello@eurobug.eu of any unauthorised access or security breach;
• Ensuring that all Users comply with these Terms.

4. Acceptable Use Policy

4.1 Permitted Use

The Service may be used solely for lawful monitoring of the Customer's own software applications and websites for technical errors, and for related internal software quality purposes.

4.2 Prohibited Conduct

The Customer shall not, and shall ensure that Users do not:

• Use the Service to monitor applications or websites owned by third parties without their explicit written consent;
• Attempt to circumvent rate limits, quotas, or authentication mechanisms;
• Reverse-engineer, decompile, or attempt to extract source code of the Service;
• Resell or sublicense the Service to third parties as a standalone product;
• Deliberately generate excessive error events (crash loops, load tests) that adversely impact platform performance or other customers;
• Use the Service in violation of any applicable law or regulation.

4.3 Prohibited Data Categories

The Customer must not knowingly transmit to the Service, or configure its application in a manner likely to transmit, any of the following categories of highly sensitive data:

• Medical records, health data, or any special category data under Article 9 GDPR;
• National identification numbers (BSN, SSN, passport numbers, or equivalent);
• Unencrypted passwords or authentication secrets of any kind;
• Full payment card numbers, CVVs, or banking credentials;
• Biometric data;
• Data relating to children under 16 years of age;
• Any other data whose transmission would violate applicable law.

5. Data Processing and DPA Incorporation

By creating an Account and using the Service, the Customer expressly agrees to these Terms and to the Data Processing Agreement (DPA), which is an integral and legally binding part of this agreement. The DPA governs EuroBug's processing of Personal Data on behalf of the Customer in its capacity as Processor under the GDPR. In the event of a conflict between these Terms and the DPA on matters of data protection, the DPA shall prevail.

The Customer, as Data Controller, is solely responsible for: (a) ensuring it has a valid legal basis to monitor its end-users; (b) informing end-users of the processing in an appropriate privacy notice; and (c) ensuring that the data submitted to the Service complies with all applicable law.

6. Subscription, Billing, and Payment

6.1 Billing Cycle

Paid Plans are billed monthly in advance via Mollie B.V. (Netherlands). The billing cycle begins on the date of the first successful payment.

6.2 VAT

All prices are stated exclusive of VAT (btw). VAT is applied at the rate applicable to the Customer's jurisdiction in accordance with EU VAT rules. B2B customers in the EU with a valid VAT number may supply it to enable the reverse-charge mechanism.

6.3 Auto-Renewal

Subscriptions renew automatically at the end of each billing period unless the Customer cancels before the renewal date via the dashboard billing settings.

6.4 Upgrades and Downgrades

Upgrades take effect immediately and are prorated. Downgrades take effect at the end of the then-current billing period; the Customer retains access to current Plan features until that date. Downgrading may result in the deletion of data that exceeds the lower Plan's retention limits at the next scheduled retention run.

6.5 No Refunds

Fees paid are non-refundable except as required by applicable Dutch consumer protection law. Cancellation of a subscription mid-period does not entitle the Customer to a refund for the unused portion.

6.6 Failed Payments

If a payment fails, EuroBug will attempt collection on subsequent days and notify the Customer by email. After 14 calendar days of non-payment, EuroBug reserves the right to downgrade the Account to the Developer (free) Plan and enforce that Plan's 7-day data retention period.

7. Intellectual Property

EuroBug retains all intellectual property rights in the Service, including tracker scripts, dashboard, documentation, and underlying technology. These Terms do not grant the Customer any ownership rights in the Service.

The Customer retains ownership of its Content. The Customer grants EuroBug a limited, non-exclusive licence to store, process, and display Content solely to provide the Service.

8. Confidentiality

Each party agrees to keep confidential any non-public information received from the other party that is reasonably understood to be confidential. Each party shall use Confidential Information solely for the purposes of this agreement and shall not disclose it to third parties without prior written consent, except as required by law or to professional advisors bound by equivalent obligations.

9. Customer Indemnification

The Customer shall fully indemnify, defend, and hold harmless EuroBug B.V. and its directors, employees, agents, and sub-processors (collectively, "Indemnified Parties") from and against any and all claims, losses, liabilities, damages, fines, penalties, costs, and reasonable legal fees arising out of or related to:

• Unlawful data transmission: The Customer's transmission of Personal Data or other data in violation of applicable law, including any regulatory fines or enforcement actions imposed on EuroBug as a result;
• Prohibited data categories: The Customer's transmission of any data category listed in Section 4.3, including medical records, government identification numbers, unencrypted passwords, or payment credentials;
• Controller failures: The Customer's failure to fulfil its obligations as Data Controller under the GDPR, including failure to obtain a valid legal basis or to provide required privacy notices;
• Breach of Terms or DPA: Any material breach of the Customer's obligations under these Terms or the DPA;
• Third-party claims: Any claim by a third party or Data Subject arising from the Customer's use of the Service.

This indemnification obligation survives termination. EuroBug will give the Customer prompt written notice of any indemnifiable claim. The Customer may not settle any claim that imposes obligations on or admits liability of EuroBug without EuroBug's prior written consent.

10. Disclaimers

10.1 As-Is Service

The Service is provided "as is" and "as available", without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement. EuroBug does not warrant that the Service will be uninterrupted, error-free, or that all errors in the Customer's application will be captured or correctly reported.

10.2 No Uptime Guarantee

EuroBug does not guarantee any minimum level of availability. Planned and unplanned maintenance, Scaleway infrastructure incidents, DDoS attacks, and other events outside EuroBug's reasonable control may cause interruptions. EuroBug will make reasonable efforts to communicate planned maintenance in advance.

10.3 Best-Effort PII Scrubbing

Automatic PII scrubbing is provided on a best-effort basis. It does not constitute a guarantee that all personal data will be removed from all error payloads. The Customer must not rely on EuroBug's scrubbing as its sole data protection measure.

11. Limitation of Liability

11.1 Exclusion of Indirect Damages

To the maximum extent permitted by applicable Dutch law, EuroBug shall not be liable to the Customer or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, including but not limited to: loss of profits or revenue, loss of business, loss of data, loss of goodwill, business interruption, or cost of substitute services — even if EuroBug has been advised of the possibility of such damages and regardless of the legal theory under which such damages are claimed (contract, tort, strict liability, or otherwise).

11.2 Cap on Direct Damages

EuroBug's total aggregate liability for direct damages arising out of or in connection with the Service or these Terms (regardless of the form of action or legal theory) shall not exceed:

• Startup and Agency Plans: The total fees actually paid by the Customer to EuroBug in the three (3) calendar months immediately preceding the date the claim first arose.
• Developer (free) Plan: zero euros (€0). EuroBug provides no financial guarantee of any kind for free-tier use of the Service.

11.3 Exceptions

The exclusions and caps in Sections 11.1 and 11.2 do not apply to liability arising from: (a) wilful misconduct (opzet) or gross negligence (grove schuld) by EuroBug; or (b) death or personal injury caused by EuroBug's negligence.

11.4 Mutual Acknowledgement

The Customer acknowledges that the limitations in this Section 11 reflect a reasonable allocation of risk and are a fundamental part of the basis of the bargain between the parties. EuroBug would not provide the Service at the stated prices without these limitations.

12. Suspension and Termination by EuroBug

12.1 Immediate Suspension Without Notice

EuroBug reserves the right to immediately suspend, throttle, or terminate the Customer's access to the Service, in whole or in part, without prior notice and without liability for any refund or compensation, if EuroBug determines in its sole and reasonable discretion that:

• The Customer's use of the Service poses a material risk to the stability, security, or availability of the Service or EuroBug's infrastructure (including but not limited to crash loops, deliberate error storms, or API abuse);
• The Customer is transmitting data in violation of Section 4 of these Terms;
• The Customer's use of the Service violates any applicable law or regulation, or exposes EuroBug to legal, regulatory, or serious reputational risk;
• A due and undisputed invoice remains unpaid for 14 or more calendar days after the due date.

EuroBug will make reasonable efforts to notify the Customer of a suspension promptly after taking such action. Suspension does not relieve the Customer of its obligation to pay outstanding fees.

12.2 Termination for Cause

EuroBug may terminate the Customer's Account for cause with immediate effect upon written notice if the Customer materially breaches these Terms and fails to cure such breach within 10 business days of written notice (where the breach is curable).

12.3 Effect of Termination

Upon termination, all rights granted to the Customer cease immediately. Content will be handled in accordance with Section 9.2 of the DPA. Sections 7, 9, 10, 11, 14, and 16 of these Terms survive termination indefinitely.

13. Termination by the Customer

The Customer may terminate the Service at any time by cancelling the subscription via the dashboard billing settings or by contacting hello@eurobug.eu. Cancellation of a paid Plan takes effect at the end of the then-current billing period. The Developer (free) Plan may be deactivated immediately upon request.

14. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including but not limited to: acts of God, war, pandemic, government or regulatory action, internet or power infrastructure failures, distributed denial-of-service attacks, failure of Scaleway SAS infrastructure, or supply chain disruptions. The affected party shall notify the other promptly and use reasonable efforts to resume performance.

15. Modifications

EuroBug may modify these Terms at any time. For material changes, EuroBug will provide at least 30 days' advance written notice by email or in-app notification. Continued use of the Service after the effective date of a change constitutes acceptance. If the Customer does not accept a material change, the Customer may terminate the Service before the effective date and will receive a pro-rata refund for any prepaid period after the termination date.

16. Governing Law and Disputes

These Terms are governed exclusively by the laws of the Netherlands, excluding its conflict-of-law principles. The CISG does not apply.

Any dispute arising out of or in connection with these Terms, including any dispute concerning their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands.

17. Miscellaneous