Terms of Service

1.Parties and scope

These Terms of Service (the “Terms”) govern your access to and use of TracePath, an OpenTelemetry-native observability service consisting of the websites at tracepath.dev and docs.tracepath.dev, the application and API at app.tracepath.dev, the telemetry endpoint at ingest.tracepath.dev, and the client SDKs and command-line tools we provide (the “Service”).

The Service is provided by AtlasAPX Kamil Krawczyk, Poland (address of record: public CEIDG entry for NIP 8291758710), NIP 8291758710 (the “Operator”, “we”, “us”). You are the “Customer” or “you”. Together we are the “Parties”.

The Terms come into force when you create an account, click to accept them, or first use the Service, whichever happens first. If you accept on behalf of an organisation, you confirm you are authorised to bind it, and “you” means that organisation.

1.1 Business customers only

The Service is offered exclusively to businesses, public bodies and other organisations acting in a professional capacity. It is not directed at consumers, and we do not knowingly contract with consumers. Do not create a paid account for purposes unrelated to a trade, business, craft or profession.

1.2 Documents that form part of the agreement

• these Terms;
• the Acceptable Use Policy;
• the Data Processing Addendum, which applies automatically whenever you send us telemetry containing personal data;
• the Privacy Policy; and
• the plan and pricing details in force when you subscribe.

If there is a conflict, the order of precedence is: an individually negotiated order form or enterprise agreement, then the DPA, then these Terms, then the other documents.

2.Definitions

• Customer Data — all data you or your users submit to the Service, including telemetry (logs, traces, metrics, exceptions, session replays, profiles, monitor results) and configuration such as dashboards, alert rules and status pages.
• Account Data — the data about you and your users that we need to run your account: names, email addresses, credentials, roles, billing details.
• Plan — the subscription tier you have selected and its quotas.
• Billing Period — the monthly or annual period for which fees are charged in advance.
• Documentation — the material published at docs.tracepath.dev.

3.Accounts and access

1. You must give accurate registration information and keep it current, including a working email address we can reach you at.
2. You are responsible for everything done under your account and for the acts and omissions of your users. Keep credentials, API tokens and ingest keys secret. Enable multi-factor authentication for every account with administrative rights.
3. Tell us promptly at [email protected] if you suspect unauthorised access to your account or a leaked token.
4. Seats are per named individual. Sharing a single login between several people is not permitted; invite them as users instead.
5. You must be legally able to enter into a binding contract, and must not be a person or entity subject to sanctions that would make providing the Service unlawful.

4.Plans, quotas and fair use

Each Plan carries quotas that the Service enforces. The quotas in force are:

The pricing page shows the current plans and what is included in each. Enterprise covers custom limits, retention, invoicing and support, on agreed terms.

4.1 What happens when you reach a quota

1. At 80% of the monthly ingest allowance we email the organisation’s owners once per Billing Period.
2. At 100% we stop accepting new telemetry for that organisation and answer ingest requests with HTTP 503 and a Retry-After header, which standard OTLP exporters and collectors handle as a retry signal. Data already stored stays available and readable in the dashboard.
3. Ingest resumes automatically at the start of the next Billing Period, or immediately if you upgrade.
4. We do not bill overage. Exceeding an ingest allowance never generates an additional charge. If you want more headroom, change plan.

Other quotas — projects, seats and monitors — are enforced at the point of creation: you cannot create the item that would exceed the limit.

Retention is enforced by the storage layer; data older than your plan’s retention period is deleted automatically and cannot be recovered.

4.2 Fair use

Quotas are not the only limit. The Service is shared infrastructure, and we may apply rate limits and admission control to protect it. Usage that degrades the Service for other customers — for example sustained traffic far beyond what your plan contemplates, or automated query load that behaves like a stress test — may be rate-limited. We will contact you before taking anything further, except where immediate action is needed to keep the Service running.

5.Fees, VAT and payment

1. Prices exclude VAT. All prices are stated in euro and are net amounts. Any applicable value added tax, sales tax or similar levy is added at the rate in force when the invoice is issued.
2. VAT treatment. For customers established in Poland, Polish VAT is charged at the applicable rate. For business customers established in another EU Member State who supply a valid EU VAT identification number, the supply is treated as a business-to-business supply of services taxed where the customer is established, and VAT is accounted for by the customer under the reverse charge mechanism (Article 196 of Directive 2006/112/EC); the invoice will be marked accordingly. For customers outside the EU, VAT is generally not charged, and you are responsible for any tax in your own jurisdiction. You are responsible for the accuracy of the VAT number you give us, and for telling us if it changes.
3. Payment in advance. Fees for each Billing Period are charged in advance through our payment provider, Stripe. Annual plans are charged once for the year and are priced at ten months, that is two months free relative to the monthly rate.
4. Card handling. Card details are entered directly into Stripe’s hosted checkout. We never receive or store them. Your subscription and payment methods are managed in the Stripe billing portal reachable from your dashboard.
5. Renewal. Subscriptions renew automatically for successive Billing Periods unless cancelled before the end of the current period. Cancel in the billing portal; the Service continues until the end of the period you have paid for.
6. Upgrades and downgrades. An upgrade takes effect immediately and is prorated. A downgrade takes effect at the start of the next Billing Period; make sure your usage fits the lower plan’s quotas before it does.
7. No refunds for partial periods. Fees already paid are not refundable for unused time, except where the law requires it or where we terminate for our own convenience under section 15.
8. Failed payment. If a charge fails we will retry and notify you. If the amount remains unpaid 14 days after the due date we may downgrade the account to Free or suspend it under section 9. Statutory interest for late payment in commercial transactions applies.
9. Price changes. We may change prices for future Billing Periods on at least 30 days’ notice by email. If you do not accept the new price, cancel before it takes effect; the change never applies retroactively to a period already paid for.
10. Taxes on your side. You are responsible for any withholding tax or similar deduction required in your jurisdiction, and amounts payable to us are net of such deductions.

6.Your data and data protection

1. Ownership. As between the Parties, Customer Data is and remains yours. We claim no ownership of it.
2. Licence to run the Service. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, transmit, index, display and otherwise process Customer Data for the sole purpose of providing, securing and supporting the Service for you, and for no other purpose.
3. No training, no advertising, no selling. We do not use Customer Data to train machine-learning models, to build advertising or marketing profiles, or for any purpose other than providing the Service. We do not sell it.
4. Aggregate statistics. We may produce aggregated, de-identified statistics about Service usage — for example total ingest volume across the platform or feature adoption counts — provided they do not identify you, your users, or any individual, and cannot reasonably be used to re-identify them.
5. Your responsibility for what you send. You decide what your applications transmit. You warrant that you have the necessary rights and lawful basis to send it to us, that you have provided any required notices to your own users, and that you have configured masking and scrubbing appropriately for content that should not leave your systems. Do not send special categories of personal data, payment card data or government identifiers as telemetry unless we have separately agreed it in writing.
6. Data protection. Where Customer Data contains personal data, you are the controller and we are your processor. The Data Processing Addendum applies automatically and forms part of these Terms. The list of subprocessors and the 30-day change notice are on the subprocessors page.
7. Backups are your responsibility too. The Service is an observability platform, not an archive. We do not operate backups of the Service. Keep your own copies of anything you cannot afford to lose, and note that telemetry becomes eligible for deletion once its retention period has passed.

7.Acceptable use

You must comply with the Acceptable Use Policy, which forms part of these Terms. In summary, you must not use the Service to break the law, to attack or overwhelm other systems, to host or distribute malware, to circumvent quotas or security controls, to resell the Service as your own without our written agreement, or to monitor systems you are not authorised to monitor.

Synthetic monitors and on-call notifications point at other systems. Only configure them against endpoints and recipients you are authorised to contact. Repeated checks against a third party who has not agreed to them are your responsibility, not ours.

8.Availability, support and changes

1. Availability. We aim to keep the Service available and to repair faults promptly. Unless a separate service level agreement has been signed with you, the Service is provided without a contractual uptime commitment and without service credits. We do not offer an SLA on the Free plan under any circumstances.
2. Maintenance. We may take the Service down for maintenance. We will give advance notice where practical, and keep planned downtime short and outside peak hours where we can. Emergency maintenance may happen without notice.
3. Support. Support is provided by email at [email protected] during normal Polish business hours. We aim to acknowledge within one business day. Response and resolution commitments beyond that exist only where separately agreed on an Enterprise plan.
4. Changes to the Service. We develop the Service continuously and may add, change or remove features. We will not materially degrade a core feature of your paid plan without at least 30 days’ notice; if we do, you may terminate and receive a pro-rata refund of fees paid for the unused remainder of the period.
5. Beta features. Features labelled beta, preview or experimental are provided as-is, may change or disappear, and are excluded from any commitment in these Terms.

9.Suspension

We may suspend your account or specific functionality if:

• you materially breach these Terms or the Acceptable Use Policy;
• fees remain unpaid more than 14 days after the due date;
• your use poses a security risk, threatens the integrity or availability of the Service, or exposes us or other customers to liability;
• we are required to suspend by law or by a binding order.

We will give notice and, where the circumstances allow, a reasonable opportunity to fix the problem before suspending. Where the risk is immediate we may suspend first and notify immediately afterwards, stating the reason and what you need to do.

Suspension does not by itself delete your data, and we will restore access once the cause is resolved. Fees continue to accrue during a suspension caused by your breach or non-payment.

10.Intellectual property

1. Ours stays ours. The Service, including its software, user interface, documentation, trade marks and the TracePath name and logo, is owned by the Operator or its licensors. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during the term, for your own internal business purposes, and nothing else.
2. Restrictions. Except where mandatory law says otherwise, you must not copy, modify, reverse engineer, decompile or create derivative works of the Service, nor rent, lease, sublicense or provide it to third parties as a service of your own, nor remove or obscure proprietary notices.
3. Open-source components. The Service is built on OpenTelemetry and on open-source software, including the MIT-licensed upstream project from which it is derived. Those components remain under their own licences, which are acknowledged on the licences page. Nothing in these Terms limits the rights you have directly under an open-source licence in respect of the component it covers. TracePath itself is a separate, commercial, closed-source product and is not offered under an open-source licence.
4. Client SDKs. SDKs and command-line tools we publish are licensed under the terms distributed with them.
5. Feedback. If you send us suggestions, we may use them without restriction and without owing you anything. You are not obliged to send any.

11.Confidentiality

Each Party may receive information from the other that is marked confidential or that a reasonable person would understand to be confidential. Customer Data is your confidential information; non-public details of the Service are ours.

Each Party will use the other’s confidential information only to perform this agreement, protect it with at least reasonable care, and disclose it only to people who need it and who are bound by confidentiality obligations. These duties do not apply to information that is or becomes public without breach, was already known without a duty of confidence, or is independently developed. Disclosure required by law is permitted, with prior notice to the other Party where legally possible.

These obligations survive termination for three years, and indefinitely for Customer Data.

12.Warranties and disclaimers

1. Each Party warrants it has the authority to enter into this agreement and will comply with the laws applicable to it.
2. We warrant that we will provide the Service with reasonable skill and care and substantially in accordance with the Documentation.
3. To the fullest extent permitted by law, and except as expressly stated in these Terms, the Service is provided “as is” and we exclude all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.
4. We do not warrant that the Service will be uninterrupted or error-free, that it will detect every problem in your systems, or that alerts will always be delivered. The Service is a monitoring aid; it is not a substitute for your own operational responsibility and it must not be relied on as the sole safeguard in a safety-critical, life-critical or similarly high-risk system.
5. Statutory warranty (rękojmia) between entrepreneurs under Articles 556 and following of the Polish Civil Code is excluded to the extent permitted by law. This exclusion does not apply to an entrepreneur with consumer rights as described in section 1.1.

13.Liability

1. What is never excluded. Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for intentional misconduct (wina umyślna), for fraud, or for anything else that cannot be limited under applicable law.
2. Excluded losses. Subject to paragraph 1, neither Party is liable for loss of profit, loss of revenue, loss of anticipated savings, loss of goodwill, business interruption, or any indirect or consequential loss, however caused.
3. Cap. Subject to paragraph 1, each Party’s total aggregate liability arising out of or in connection with this agreement, whether in contract, tort or otherwise, is limited to the total fees you paid to us for the Service in the twelve months immediately preceding the event giving rise to the claim. For the Free plan, where no fees are paid, that cap is EUR 100.
4. Data loss. Subject to paragraph 1, we are not liable for loss or corruption of Customer Data beyond the cap in paragraph 3, and your remedy for data loss is limited to the restoration of data from whatever copies we hold. Keep your own copies of anything you cannot afford to lose.
5. Allocation of risk. The limits in this section reflect the price of the Service and the allocation of risk agreed between two businesses, and apply even if a limited remedy fails of its essential purpose.
6. Claim window. A claim under this agreement must be brought within twelve months of the date the claiming Party became aware, or should reasonably have become aware, of the facts giving rise to it.

14.Indemnity

You will defend and indemnify us against third-party claims, and against fines, damages and reasonable costs awarded or agreed in settlement, arising from Customer Data you sent us or from your use of the Service in breach of these Terms or the Acceptable Use Policy — including claims that your telemetry infringes a third party’s rights or was collected without a lawful basis.

We will notify you promptly of any such claim, let you control the defence (provided any settlement releases us fully and admits no fault on our part), and give you reasonable assistance at your cost.

15.Term, termination and data export

1. Term. This agreement runs from account creation until terminated. Paid subscriptions renew for successive Billing Periods until cancelled.
2. Termination by you. Cancel at any time in the billing portal. The Service continues until the end of the Billing Period you have paid for, and is not refunded for the unused remainder. You may close a Free account at any time.
3. Termination for breach. Either Party may terminate with immediate effect if the other materially breaches this agreement and fails to remedy the breach within 14 days of written notice, or if the other becomes insolvent or enters liquidation.
4. Termination by us for convenience. We may terminate a paid subscription on 60 days’ written notice and will refund the unused portion of fees already paid. We may discontinue the Free plan on 30 days’ notice.
5. Data export window. For 30 days after termination takes effect, we keep your Customer Data available so that you can read it through the dashboard and the query API and export your dashboard configuration as JSON. Access during this window is read-only; ingest stops when the agreement ends. There is no bulk telemetry export function in the Service today. Ask us at [email protected] within this window and we will produce an export for you within 30 days, at no charge.
6. Deletion. We delete Customer Data and Account Data within 60 days after termination, except records we are legally required to keep (invoices and accounting records in particular). On written request we will confirm deletion.
7. Survival. Sections 6.1 to 6.4, 10 to 14 and 16 to 19, and any payment obligation accrued before termination, survive.

16.Complaints procedure

If something about the Service is wrong, tell us — we would rather fix it than litigate it.

1. Send the complaint to [email protected], or in writing to the address in section 20. Describe the problem, when it happened, the organisation and project affected, and what outcome you want.
2. We acknowledge receipt within 3 business days.
3. We investigate and give a reasoned answer within 14 days of receiving the complaint. If the matter is complex and we need longer, we will say so within those 14 days and give a new date, which will not be more than 30 days from receipt.
4. If you are not satisfied with the outcome, either Party may pursue the matter under section 19. Nothing in this procedure prevents you from going to court, and it does not suspend any limitation period.

Complaints about personal data follow the separate route in the Privacy Policy. Reports of abuse by other customers go to [email protected]; suspected vulnerabilities go to [email protected].

17.Changes to these Terms

We may change these Terms to reflect changes in the Service, in our business, or in the law. We will publish the new version here with a new version number and effective date.

For changes that materially affect your rights or obligations, we will notify account holders by email at least 30 days before the new version takes effect. If you do not accept the change, terminate before the effective date; continuing to use the Service after that date means you accept it. Changes required by law may take effect on shorter notice where the law demands it.

18.General

1. Entire agreement. These Terms and the documents listed in section 1.2 are the whole agreement between the Parties about the Service, and replace any earlier proposals or understandings. Your own purchase-order or vendor terms do not apply unless we sign them.
2. Assignment. You may not assign this agreement without our written consent, which we will not unreasonably withhold. We may assign it to a successor in connection with a merger, reorganisation or sale of the business, on notice to you.
3. Subcontracting. We may use subcontractors and subprocessors as described in the DPA, and we remain responsible for their performance.
4. Force majeure. Neither Party is liable for a failure to perform caused by an event beyond its reasonable control, including infrastructure or network failure at a provider, denial-of-service attack, natural disaster, war, or a governmental measure. Payment obligations are not excused.
5. Severability. If a provision is held invalid, the rest stays in force and the invalid provision is replaced by a valid one that comes closest to its commercial intent.
6. No waiver. Not enforcing a right does not waive it.
7. No partnership. Nothing here creates a partnership, joint venture, agency or employment relationship.
8. Notices. We send notices to the email address on your account; you send them to [email protected] or by post to the address in section 20. Email notices are deemed received on the next business day.
9. Publicity. We will not use your name or logo as a reference without your prior written consent.
10. Language. These Terms are concluded in English. Any translation is for convenience; the English text prevails.

19.Governing law and jurisdiction

This agreement and any non-contractual obligations arising from it are governed by the laws of the Republic of Poland, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.

The Parties submit to the exclusive jurisdiction of the Polish common courts with jurisdiction over the Operator's registered seat. This does not deprive an entrepreneur with consumer rights, or any party with a mandatory statutory forum, of the protection of rules that cannot be derogated from by agreement.

Before starting proceedings, the Parties will attempt to resolve the dispute in good faith through the complaints procedure in section 16.

20.Contact

Operator

AtlasAPX Kamil Krawczyk

Address

Poland (address of record: public CEIDG entry for NIP 8291758710)

NIP / EU VAT

8291758710 / PL8291758710

Support

[email protected]

Sales

[email protected]

Security

[email protected]