Voyager Terms of Service

These Terms of Service ("Terms") govern your access to and use of Voyager ("Voyager", "App"), a desktop application for introspecting the state of running Erlang virtual machines, including in production environments. By downloading and installing the App, you agree to these Terms. You also confirm that you are at least 18 years of age. If you use the App for business purposes, that business will be bound by these Terms. If you are signing up for the services on behalf of a company, you represent that you are duly authorized to represent such company and accept the Terms on behalf of such company. To the extent that your use of the App is subject to a separate Terms, such Terms, including any addendum thereto, will prevail over any conflicting provision in these Terms.

1. General

By using the App, you agree to these Terms. If you don't agree to any of the Terms, you can't use any of the App features. We may change these Terms from time to time. By using the App on or after a change in the Terms, you agree to the new Terms.
In this Terms, "we," "us", "our," and "Software Mansion," refer to Software Mansion S.A. with its registered office in Kraków, ul. Zabłocie 43B, 30-701 Kraków.
Any new features added to or augmenting the App are also subject to this Terms.

2. What the Software Does

Voyager is a desktop tool that connects to and inspects the state of Erlang VMs (nodes), including nodes running in production environments. It is intended to help engineers observe, debug, and understand running systems.
You are solely responsible for how you use the App against your own systems, including any production environment. You are responsible for ensuring you have the necessary authorization to connect to and introspect any Erlang node you access with the App.

3. License Model (Open Core)

The Software is distributed under an open-core model. Core features are licensed under the Apache License, Version 2.0. The applicable license text is included with the source distribution and governs your rights to use, copy, modify, and redistribute the core App.
We reserve the right to introduce non-core features available only upon a separate paid subscription or license ("Pro Features"). Any Pro Features are additional, proprietary functionality made available under a separate paid subscription or license, governed by these Terms and any applicable order form or pricing plan. Pro Features are not open source and may not be copied, reverse-engineered, or redistributed except as expressly permitted.
If there is a conflict between the Apache 2.0 license and these Terms with respect to the open-core components, the Apache 2.0 license controls for those components. These Terms otherwise control your use of Pro Features, your account, and your relationship with us generally.

4. Data Collection and Telemetry

The Software collects anonymous telemetry and diagnostic logs about the operation of the App itself (for example: crash reports, feature usage, performance metrics of the App). This telemetry:
1. does not include the data, state, records, or logs of any Erlang VM, node, or production environment you connect the App to;
2. does not include the contents of any system you introspect using the App; and
3. is used solely to help us fix bugs, understand usage patterns, and improve the App.
You can disable telemetry collection in the App's settings at any given moment.
We do not access, collect, or store the production data, application state, or logs of the environments you introspect using the App. All such introspection happens locally on your machine / within your own environment.
We do not access, collect or store any of your personal data or any data that would reasonably allow us to identify you as a natural person (i.e. on a name basis). Any additional information regarding our data collection practices may be found in our Privacy Policy.

5. Accounts and Pro Subscriptions

Access to Pro Features may require an account and a paid subscription. You agree to:
1. provide accurate information when creating an account;
2. keep your credentials confidential;
3. pay applicable fees for Pro Features on the terms presented to you at purchase (e.g., monthly/annual billing).
We may suspend or terminate access to Pro Features for non-payment or breach of these Terms, subject to any notice period stated in your order.

6. Acceptable Use

You agree not to:
1. use the App to access systems you are not authorized to access;
2. circumvent licensing restrictions on Pro Features;
3. reverse-engineer, decompile, or resell Pro Features except as permitted by law or explicit written permission;
4. use the App for unlawful purposes (including without limitation in violation of any data, privacy or export control laws) or in a way that disrupts or damages any system, including production environments you introspect;
5. use the App in any manner that interferes with or disrupts the integrity or performance of the App or their components;
6. modify, adapt or hack the App to, or otherwise attempt to gain unauthorized access to, the Services or their related systems or networks.
You shall comply with any codes of conduct, policies or other notices Software Mansion provides you or publishes in connection with the Services, and you shall promptly notify Software Mansion if you learn of a security breach related to the Services.

7. Payments and Fees

To the extent the Services or any portion thereof is made available for any fee, you may be required to select a payment plan and provide us with information regarding your credit card or other payment instrument. If you provide us with information regarding your credit card or other payment instrument, you represent and warrant to us that such information is true and that you are authorized to use that payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. If your use of the App exceeds the capacity set forth in the applicable plan or otherwise requires the payment of additional fees (pursuant to these Terms), you will be billed for such usage and you agree to pay the additional fees in the manner provided herein. You hereby authorize Software Mansion to bill your payment instrument upon purchase of a plan, device or license in accordance with the terms agreed upon by you and Software Mansion in the applicable order form or on the website, as applicable, and you further agree to pay any charge so incurred. We may also bill you through an invoice, at our election. All invoices must be paid within thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Services.
Unless otherwise stated, Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales and use, or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, "Taxes"). You are responsible for paying all Taxes associated with your purchases hereunder. If we have the legal obligation to pay or collect Taxes for which you are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, we are solely responsible for taxes assessable against us based on our income, property and employees.

8. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Given that the App is designed to introspect live, potentially production, systems, you acknowledge that:
1. you use the App against production environments at your own risk;
2. we do not guarantee the App is free of bugs that could affect the performance of a monitored node, and you are responsible for evaluating the App (e.g., in staging) before using it against production systems.

9. Intellectual Property Rights and Integration

The App is owned and operated by Software Mansion. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements ("Materials") provided by Software Mansion are protected by intellectual property and other laws. All Materials are the property of Software Mansion or its third party licensors. You acknowledge that the Services are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Poland, the U.S. and other countries and that all ownership and intellectual property rights in the App, including without limitation the trademarks Software Mansion and all related trade names, service marks, logos, domain names and the like ("Software Mansion Marks") do and shall, as between you and Software Mansion, belong exclusively to Software Mansion. Except as expressly provided herein, these Terms grant you no right, title, license, or interest in any intellectual property owned or licensed by Software Mansion, including (but not limited to) the App, Materials, or the Software Mansion Marks.
The App may include branding for Software Mansion. You agree not to remove, obscure, or alter any branding contained in the Services or any notice of any Software Mansion Marks. You may not display Software Mansion Marks on your product (or otherwise) other than solely for the purpose of disclosing that your product has implemented the App in a manner that does not suggest any further relationship or endorsement of your product by Software Mansion. Software Mansion may update files on the servers that will automatically change the functionality of the App, and you consent to those updates.
Software Mansion reserves the right to place volume limitations on access to the App. Software Mansion reserves the right to cap data usage at its discretion.
You guarantee that the usage of all software, databases, documents, materials and other products covered by intellectual property rights provided by you for the purpose of providing the App is done according to the law, i.e. that you have intellectual property rights, necessary licence(s) and/or patents for those products. You shall indemnify Software Mansion against any legal claims by third parties in this regard.
You acknowledge and understand that there are laws governing the electronic recording of communications and that Software Mansion will not be liable for any illegal use by you of the App. You agree to comply, and requires that your users comply with all applicable laws relating to the privacy of communication for all parties to a conversation, including, when required, advising all participants in a recorded video chat that the video chat is being recorded. In addition, you acknowledge that the storage and maintenance of recorded communications is not guaranteed by Software Mansion and agree that Software Mansion will not have any liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur with respect to the loss or deletion of recorded communications.

10. Security

You understand that the operation of the App, including your (or your users') content, may be unencrypted and involve (i) transmissions over various networks; (ii) changes to conform and adapt to technical requirements of connecting networks or devices and (iii) transmission to Software Mansion's third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of your content. Software Mansion will have no liability for any unauthorized access or use of your content, or any corruption, deletion, destruction or loss of any content. Except otherwise agreed to, you further acknowledge and agree that Software Mansion may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these terms; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Software Mansion, its users and the public.
You acknowledge that: (i) your access to and use of the App may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the App for any reason, including as a result of power outages, system failures or other interruptions; and (ii) Software Mansion shall also be entitled, without any liability to you, to suspend access to any portion or all of the App at any time, on its services-wide basis: (a) for scheduled downtime to permit Software Mansion to conduct maintenance or make modifications to any of its services; (b) in the event of a denial of service attack or other attack on any of its services or other event that Software Mansion determines, in Software Mansion's sole discretion, may create a risk to the applicable of its services, to you or to any other customers if the services were not suspended; or (c) in the event that Software Mansion determines that any of its services are prohibited by applicable law or otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, "Service Suspensions").

11. Indemnification and Limitation of Liability

You will defend Software Mansion, its officers, directors, employees, and the successors and assigns of the foregoing from and against any and all claims by an unaffiliated third party directly or indirectly arising from or related to (i) facts that, if true would constitute a breach of this Terms by you, (ii) your or your end users' access to, use, misuse or illegal use of the Software Mansion Services, your data or end user data, or (iii) the violation or infringement by you of such third party's Intellectual Property Rights. Software Mansion reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, in which case you agree to cooperate with any reasonable requests to assist Software Mansion's defense of such matter.
IN NO EVENT WILL SOFTWARE MANSION BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS TERMS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS OR BUSINESS, COSTS OF DELAY, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE; COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES. THE TOTAL LIABILITY OF SOFTWARE MANSION DUE TO AN ATTRIBUTABLE FAILURE TO PERFORM THIS AGREEMENT OR DUE TO ANY OTHER REASON SHALL BE LIMITED TO $100 (USD) OR, IF GREATER, THE FEES PAID BY YOU TO SOFTWARE MANSION IN THE SIX (6) MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE.

12. Changes to the App and Terms

We may update the App (including adding, changing, or removing features) and these Terms from time to time. For material changes, we will provide notice (e.g., in-app notice, email, or update on our website). Continued use of the App after changes take effect constitutes acceptance of the updated Terms.

13. Termination

You may stop using the App at any time. We may suspend or terminate your access to Pro Features if you breach these Terms. The Apache 2.0 license for core components continues to apply per its own terms regardless of termination of these Terms.

14. Governing Law

These Terms shall be governed by the laws of the Republic of Poland without regard to the principles of conflicts of law. Unless otherwise elected by Software Mansion in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the courts of Kraków, Poland for the purpose of resolving any dispute relating to your access to or use of the App.

15. Publicity

Software Mansion may use your name and/or company name as a reference for marketing or promotional purposes on Software Mansion's website and in other communication with existing or potential Software Mansion customers, subject to any reasonable trademark guidelines you may provide. You hereby grant Software Mansion a limited, non-exclusive, non-transferable, non-sublicensable license to display your trade names, trademarks, service marks, logos, domain names and the like for the purpose of promoting or advertising your use of the App.

16. Notices

By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, terms, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

17. Contact

Questions about these Terms: legal@swmansion.com