Draft pending legal review. The placeholders
[TRADER LEGAL NAME]and[US BUSINESS ADDRESS], and the liability figure in section 14, must be settled and this document reviewed by qualified counsel before it is relied upon.
1. Agreement to terms
These Terms of Service form an agreement between you and [TRADER LEGAL NAME], a sole trader established in Israel and trading as SeeTheBug (“SeeTheBug”, “we”, “us”).
By creating an account, signing in, or using the SeeTheBug platform or client (together, the “Service”), you agree to these terms. If you do not agree, do not use the Service. If you are agreeing on behalf of an organization, you confirm that you are authorized to bind that organization, and “you” means that organization.
Our Privacy Policy and, where applicable, our Data Processing Addendum form part of this agreement.
2. Definitions
- Account — a Customer’s tenancy on the platform.
- Customer — the organization that holds a SeeTheBug Account, normally a software vendor providing support to its own customers. Where these terms impose an obligation on “you”, it falls on the Customer.
- Authorized User — an individual the Customer permits to sign in to the Account.
- End User — an individual who runs the SeeTheBug Client to reproduce and record an issue, typically a customer or employee of the Customer. End Users do not have SeeTheBug accounts and do not sign in.
- Client — the SeeTheBug desktop application installed on the End User’s machine for reproducing and recording issues.
- Deployment Profile — the Customer’s configuration of what the Client collects, and which of those items are shown to the End User before a reproduction begins.
- Capture Package — the file the Client produces at the end of a reproduction.
- Customer Data — the contents of Capture Packages and anything else the Customer or its End Users put into the Service.
- Sensitive Personal Information — personal data whose mishandling carries heightened legal or personal consequences. It includes, but is not limited to: the special categories under Article 9 of the GDPR (racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic and biometric data, health, sex life and sexual orientation); protected health information; payment-card data subject to PCI DSS; government-issued identifiers such as passport, national identity or social-security numbers; financial-account credentials; precise geolocation; and data subject to the Children’s Online Privacy Protection Act, the Gramm–Leach–Bliley Act or the Fair Credit Reporting Act. Treat the examples as illustrative rather than exhaustive.
3. The service
SeeTheBug lets a Customer’s support team send a preconfigured client to an End User, guide that person through reproducing a problem on their own machine, and receive a single package containing the recording and the diagnostics the Customer asked for.
We provide the Service as described in our documentation. We may change, add to or withdraw features (see section 9). We do not undertake to keep any particular feature available.
4. Accounts and Authorized Users
You must give accurate registration details and keep them current. You are responsible for your Authorized Users’ activity, for keeping credentials confidential, and for promptly removing access from anyone who should no longer have it. Tell us at support@seethebug.com as soon as you suspect unauthorized access.
You must not share an account between individuals, and each Authorized User must be a named person.
5. Acceptable use, and data you must not collect
You must not use the Service to break the law, infringe anyone’s rights, or interfere with the Service or its other users. Specifically, you must not:
- attempt to gain unauthorized access to the Service, other Accounts, or our infrastructure;
- probe or load-test the Service without our written permission;
- reverse-engineer, decompile or attempt to derive source code from the Client, except to the extent that this restriction is unenforceable by law;
- resell or provide the Service to third parties as a service of your own without our agreement;
- use the Service to monitor employees or other individuals covertly.
Prohibited data. You must not configure a Deployment Profile that collects, and must not knowingly upload, Sensitive Personal Information as defined in section 2. The Service is not designed or certified for it, and we do not offer the contractual terms (such as a HIPAA business-associate agreement) that handling it would require.
The Client provides masking tools that let an End User obscure regions of a recording before it is submitted, and Deployment Profiles let you narrow what is collected. Where sensitive material is unavoidable in your environment, you are responsible for using these controls, and for judging whether the Service is appropriate at all.
6. Customer Data and Capture Packages
Customer Data is yours. You grant us only the rights needed to host, transmit, store and deliver it to you, and to provide support when you ask for it. We do not use Capture Package contents for our own purposes, including training machine-learning models.
You are responsible for the accuracy and legality of Customer Data and for having the rights necessary to put it into the Service.
Capture Packages are retained until you delete them or the Account is closed. There is no automatic expiry, so if you have a retention obligation, delete captures once you have finished with them. See section 12 of the Privacy Policy.
Where the Service processes personal data on your behalf, we do so as your processor. The Data Processing Addendum governs that processing and forms part of this agreement.
7. End-user notice and lawful basis
This section matters more than any other, so it is stated plainly. You decide what your Deployment Profiles collect, from whose machines, and for what purpose. You are therefore responsible for the lawfulness of that collection, and you warrant that:
- you have a lawful basis for collecting and processing everything your Deployment Profiles gather;
- you have given every End User whatever notice the law requires, and obtained whatever consent the law requires, before they run the Client;
- you are authorized to install and run the Client on the machines in question; and
- you accept responsibility for what your Deployment Profiles collect including any items you choose not to display to the End User in the Preparation Step.
The Client always tells the End User that diagnostic information is being collected and sent to you, and this notice cannot be switched off. You may choose whether to itemize the individual collectors on top of that. Choosing to withhold the detail does not shift responsibility for it to us.
8. Recording, keystroke capture and custom code
Screen recording and microphone recording are always under the End User’s control. The Client cannot be configured to record either without the End User enabling it, and you cannot force it.
While screen recording is active, the Client displays an on-screen panel showing the keys the End User presses. Those keystrokes form part of the recording, and they include keys typed in applications other than the one being reproduced. The panel is visible throughout, and the End User can pause or close it at any moment.
Recording a person’s screen, voice or keystrokes is regulated differently in different places, and in some jurisdictions requires the informed consent of everyone involved. You are responsible for complying with the interception, wiretapping, workplace-monitoring and data-protection laws that apply to you and your End Users. We provide the tooling; we do not advise on, and are not responsible for, whether your use of it is lawful.
Custom scripts and pre/post commands. Deployment Profiles can run JavaScript you write and operating-system commands you specify on the End User’s machine. You should understand what that means: this code runs unsandboxed, inside the Client’s process, with the End User’s operating-system privileges. It can read, modify and delete files, start other programs, and reach the network, exactly as the signed-in user could. We do not review, validate or restrict it.
You are solely responsible for any code and commands you configure and for their effects, including damage to an End User’s machine or data, and you indemnify us for them under section 15. Test them on machines you control first.
9. Early access
The Service is in early access.
- It is provided free of charge. There is no billing in the product today.
- Features may be added, changed, or withdrawn, sometimes with little notice, as the product develops.
- Availability, performance and data durability are not guaranteed to any particular standard, and there is no service-level agreement.
- You should keep your own copies of anything you cannot afford to lose.
We will give Account administrators advance notice by email before introducing charges or making a change that would materially reduce the functionality you rely on.
Where the Service is not yet available. We are not currently able to offer Accounts to Customers or Authorized Users located in the European Union, the wider European Economic Area, or the United Kingdom, while we complete the data-protection arrangements those regions require of a provider established outside them. The sign-up process asks you to confirm your country for this reason.
This limits who may hold an Account. It does not restrict where your End Users may be: a Customer established outside those regions may use the Client with End Users anywhere, including within them, subject to section 7 and to the Data Processing Addendum.
If you tried to sign up from one of those countries, we keep the name and email address you gave us so that we can tell you when this changes — see section 5 of the Privacy Policy — and you can ask us to delete those details, or object to us contacting you, at any time.
10. Fees, billing and trials
The Service is currently free and we do not collect payment details. We intend to introduce paid plans. If we do, we will notify Account administrators by email before any charge applies, and you will be able to decline by stopping use of the Service. Nothing in these terms obliges you to pay for anything you have not agreed to.
11. Intellectual property
We and our licensors own the Service, the Client, and all associated intellectual property. These terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Service in accordance with them, and nothing more. All rights not expressly granted are reserved.
You keep all rights in Customer Data and in scripts and configuration you author.
If you send us feedback or suggestions, we may use them without obligation or compensation to you. We will not identify you as their source without your permission.
12. Confidentiality
Each party may receive information the other treats as confidential. The recipient will use it only to perform under these terms, protect it with at least reasonable care, and not disclose it except to personnel and advisers who need it and are bound by comparable obligations. This does not apply to information that is public through no fault of the recipient, was already known to it, is independently developed, or must be disclosed by law — and in that last case the recipient will give notice where it lawfully can.
13. Warranties and disclaimers
The Service is provided “as is” and “as available”, without warranty of any kind. To the fullest extent permitted by law we disclaim all warranties, express, implied or statutory, including merchantability, fitness for a particular purpose, non-infringement and any warranty arising from course of dealing or usage of trade.
We specifically do not warrant that:
- the Service will identify, diagnose or help you resolve any given defect. It is a tool for gathering evidence, not a guarantee of a diagnosis;
- any particular issue will be reproducible, or that a reproduction attempt will capture the behavior you were looking for;
- the Service will be uninterrupted, timely, secure or error-free, or that defects will be corrected;
- diagnostics collected will be complete or accurate, since they depend on the End User’s machine, its configuration and its permissions.
Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.
14. Limitation of liability
Excluded categories. To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, consequential, special, exemplary or punitive damages, or for loss of profits, loss of revenue, loss of business or anticipated savings, loss of goodwill, or loss of or corruption of data, however caused and regardless of the theory of liability, even if advised of the possibility.
No liability for a free service. The Service is supplied free of charge during early access. To the fullest extent permitted by applicable law, we accept no liability to you arising out of or relating to the Service or these terms, and you acknowledge that the Service is provided on that express basis.
Fallback cap. Where applicable law does not permit the exclusion above, our total aggregate liability arising out of or relating to the Service or these terms is limited to the greater of (a) the total fees you paid us in the twelve months before the event giving rise to the claim, or (b) USD 1,000.
What is never excluded. Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited or excluded.
These limits apply in aggregate across all claims and reflect the allocation of risk between us, which is reflected in the Service being provided without charge.
15. Indemnification
You will defend, indemnify and hold us harmless against claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to:
- your breach of section 5 (acceptable use and prohibited data), including any Sensitive Personal Information you collect or upload;
- your breach of section 7 (end-user notice and lawful basis), including any claim by an End User or a regulator that data was collected without adequate notice, consent or lawful basis;
- recording that was unlawful in the End User’s jurisdiction, including screen, audio and keystroke capture;
- scripts, commands or configuration you authored, and their effects on any machine; and
- your infringement of a third party’s intellectual property or other rights.
We will notify you of the claim, let you control the defense (except that you may not settle in a way that imposes an obligation on us without our consent), and cooperate reasonably at your expense.
16. Term and termination
These terms apply for as long as you use the Service.
You may stop at any time, and may ask us to close your Account by writing to support@seethebug.com from an administrator’s address.
We may suspend or terminate your access if you materially breach these terms and do not cure the breach within 30 days of notice, or immediately where the breach is incapable of cure, where continuing would expose us or others to legal risk or harm, or where required by law. We may also discontinue the Service as a whole on reasonable notice.
On termination, your right to use the Service ends. We will delete the Account and its Customer Data, including Capture Packages, in accordance with section 12 of the Privacy Policy. Export anything you want to keep beforehand. Sections 6 (as to ownership), 11, 12, 13, 14, 15 and 18 survive termination.
17. Changes to these terms
We may update these terms. If a change materially affects your rights or obligations we will notify Account administrators by email before it takes effect, and will update the date at the top of this page. Continuing to use the Service after a change takes effect means you accept the updated terms. If you do not accept them, stop using the Service and ask us to close your Account.
18. Governing law and disputes
These terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the State of Israel, without regard to its conflict-of-laws rules. The competent courts of Tel Aviv-Jaffa, Israel have exclusive jurisdiction, and each party submits to that jurisdiction.
If you are a consumer, this does not deprive you of the protection of the mandatory laws of your country of residence, or of the right to bring proceedings there where the law gives you that right.
Before starting proceedings, please contact us at support@seethebug.com — most disputes can be resolved that way.
19. General
These terms, together with the Privacy Policy and, where applicable, the Data Processing Addendum, are the entire agreement between us on this subject and supersede any earlier understanding. If a provision is held unenforceable, it is limited or severed to the minimum extent necessary and the rest remains in force. A failure to enforce a provision is not a waiver of it. You may not assign these terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets, on notice to you. Neither party is liable for a failure to perform caused by events beyond its reasonable control. Nothing here creates a partnership, agency or employment relationship.
20. Contact
[TRADER LEGAL NAME], trading as SeeTheBug
[US BUSINESS ADDRESS]
support@seethebug.com