Terms of Service
Bugly Terms of Service (International Version)
Last updated: 28 October, 2024
1. INTRODUCTION
Welcome and thank you for your interest in Bugly, a quality monitoring service application which includes the web platform, the SDK and other services (collectively, the “Service”). The Service detects the quality and performance of the application, locate and analyze the quality and performance of the application, and improve the user experience of the application.
1.1 PLEASE READ THESE TERMS CAREFULLY
These Terms of Service are a legally binding contract between you (the “User” or “you”) and Hong Kong Gathering Media Limited ("Tencent") regarding your use of the Service, and incorporate the Bugly Service Level Agreement (“Bugly SLA”). In these Terms, “User” and “Tencent” are each a “party” to the Terms and, together, the “parties”.
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE BUGLY SLA(COLLECTIVELY, THE “TERMS”).
The Terms do not include the Bugly Privacy Policy and the Bugly Cookies Policy. Please see our Privacy Policy and Cookies Policy for further information regarding our use of your personal data submitted to or via the Service. If you are not eligible, or do not agree to the Terms, then you do not have Tencent’s permission to use the Service. YOUR USE OF THE SERVICE, AND TENCENT’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY TENCENT AND BY YOU TO BE BOUND BY THESE TERMS.
If you do not agree to these Terms, please do not use the Service.
1.2 Eligibility.
By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old or the legal minimum age in your jurisdiction (or if you are under such age, your parent or legal guardian has read and agreed to these Terms on your behalf); (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
1.3 Change to these Terms.
We may need to change or update these Terms from time to time to reflect changes in law or best practice or to deal with additional features which we introduce. We will notify you in advance when material changes to these Terms occur, and will update the last updated date at the top of these Terms. TO THE EXTENT THAT IT IS LEGALLY PERMITTED ACCORDING TO THE LAW IN YOUR APPLICABLE JURISDICTION, YOU WAIVE ANY RIGHT YOU MAY HAVE TO RECEIVE SPECIFIC NOTICE OF SUCH CHANGES OR MODIFICATIONS.
IF YOU DO NOT OBJECT TO THE CHANGES OR TERMINATE THE USE OF THE SERVICE PRIOR TO THEIR TAKING EFFECT, YOU ARE DEEMED TO HAVE ACCEPTED THE CHANGES. IF YOU OBJECT TO THE CHANGES, WE MAY TERMINATE YOUR USE OF THE SERVICE BY THE EFFECTIVE DATE OF THE CHANGE. WE WILL POINT TO THIS CONSEQUENCE OF YOUR INACTIVITY AND OUR RIGHT TO TERMINATE IN CASE OF YOUR OBJECTION IN THE NOTIFICATION OF THE CHANGE.
2. USE OF SERVICE
2.1 Account Registration.
When you register for an account to access the Service (“Account”), you may be required to provide us with some information, such as your name, email address, contact information and/or information about the Applications (defined below). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. If any change occurs to the information you provide to us, you shall promptly notify Tencent of such change. You are responsible for safeguarding any and all Account details and access credentials, and you shall be responsible for any use of the Account or Service and all activities that occur under your Account, regardless of whether the activities are authorized or undertaken by you, your employees or a third party (including your contractors, agents and/or End Users), and including in circumstances due to your failure to properly safeguard such Account details and access credentials. Except to the extent caused by our breach of these Terms, Tencent and its affiliates are not responsible for any unauthorized access to your account. Any breach of these Terms or any use of your Account by anyone will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us. We may deny you the right to create an account. In these Terms, “End Users” mean any entities or individuals that accesses the Service under your Account or an Application.
2.2 License.
You shall and shall ensure that your authorized End Users access and use the Service in accordance with these Terms during the Term (defined below). The Service shall be provided during the Term. You and your authorized End Users shall only access the Service via your Account and the use of any Service shall be subject to these Terms. If you become aware of any unauthorized use of your Account or the password for your Account, you will notify Tencent immediately. If you are an entity, organization, or company, you will ensure your employees and contractors access the Service through your Account. Tencent may provide downloadable tools, software development kits, sample code, APIs, or other computer software, including those provided in connection with the Service, or with the use of your Account (and any periodic updates thereto from time to time) (“Software”). You acknowledge that Tencent or its licensors own all rights, titles and interest in and to the Service and the Software. Subject to your and your authorized End Users’ compliance with these Terms, Tencent grants, or shall procure the grant, to you and your authorized End Users a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Software in a manner not exceeding any applicable usage limitation or term, and within the designated territory for use or receipt of Service, and only in connection with the Service. To the extent that any Software comes with an end user license agreement, terms of service or other similar agreement governing the use of such Software, you agree that you will, and ensure your End Users, strictly comply with such agreement. Other than as specified in the foregoing, no other rights are granted to you under these Terms to use the Service (including any Software offered in connection
2.3 Service Scope.
The Service includes: (a) the documentation for the Service (as may be updated from time to time) in the form generally made available by Tencent to its Users for use with the Service; (b) the web platform at https://bugly.tds.tencent.com/v2/index/main; (c) the APIs, SDKs, Software and mobile applications provided by Tencent in connection with the Service. The Service may allow you to run applications on the Service, including any source code written by or on behalf of you to be used with the Service or otherwise hosted on the Service (“Applications”).
2.4 Service Functions.
The Service has the functions in the Service Function Table set out in the Service Schedule.
2.5 Fees and Payments
a) You may, from time to time, be required to make payments to us as part of your use of the Services (“**Fees**”). Except as otherwise set forth in any Service specific terms, all Fees are non-refundable and exclusive of any Taxes (defined below). You agree that you are solely responsible for payment of all Fees and Taxes associated with any such payments. All payments made by you shall be made free and clear of and without deduction for any tax, set-off, withholding or counterclaim. To the extent that you are required by applicable law to make such a deduction or withholding of tax, you shall provide us with an official tax receipt or other appropriate supporting documentation within 30 days after payment of the deduction or withholding tax and increase the amount paid to us to the extent necessary to ensure that we receive a sum equal to the amount we would have received had no such deduction or withholding been made. “**Taxes**” means any duties, customs fees, or taxes (other than Tencent’s income tax) associated with the purchase of the Services, including any related penalties, interest or other additions thereto.
b) At the time you create an Account or otherwise sign up for the Services, you may be asked to provide a credit card, and thereafter may be able to link alternative means of payment to your Account (each a “**Payment Method**”). You agree that (subject to applicable laws and regulations): (i) you authorize us to: (1) save your chosen Payment Method's information (e.g., credit card information) on our systems or that of our payment processor; and (2) periodically bill your chosen Payment Method for Services consumed during the prior month or pursuant to an alternative payment structure we agree to; and (ii) if any payment made via your chosen Payment Method is rejected, denied, not received by us or returned unpaid for any reason: (1) we may restrict, suspend or terminate your or your End User’s access to the Services (in each case in whole or in part) until your payment is properly processed; (2) charges will continue to be incurred and you are liable to us for any Fees, costs, expenses or other amounts we incur arising from such rejection, denial or return (and we may charge you for such amounts); and (3) we may charge late fees up to the maximum amount permissible under law. We will present you with an invoice on or about the second day of a given month for Services consumed during the prior month and will charge your Payment Method at the time we issue your invoice.
c) Your card issuer may charge you an online handling fee or processing fee in connection with your payment of Fees. We are not responsible for this fee.
d) To the extent permitted under applicable laws, Tencent may increase or introduce new Fees and charges for any existing Services at any time after prior notice. Any new or changed charges will apply to the Services as of the date specified in the relevant notice, or if no such date is specified then with immediate effect.
e) If you and Tencent agree to other payment terms or Payment Methods in writing (including email), then those alternative provisions shall apply in the event of a conflict with this Section.
f) You shall provide such assistance, including any information, as is required by Tencent in order to determine and validate the extent to which Tencent is legally obliged to collect Taxes from you.
2.6 Service Modification.
Tencent may discontinue or make any changes to the Service (or any portion thereof) at anytime without incurring liability to you. Tencent may choose to, without limitation, discontinue, limit, restrict, change or remove the Service, any Service component, or availability of the Service (or any portion or component thereof). If Tencent discontinues or makes any changes to the Service that would materially decrease the functionality of those Service, Tencent will use commercially reasonable efforts to inform you of the change with reasonable advance notice before it goes into effect, provided that you have subscribed to be informed about those changes. Tencent may make the change, and will not be obligated to provide notice, if the discontinuation or change is necessary to address an emergency or threat to the security or integrity of the Service or Tencent, comply with or respond to litigation, address Intellectual Property Rights (defined below) concerns, or comply with the law or government requests. Tencent may provide periodic updates to the Service from time to time. Tencent may also make new features or functionality available from time to time through the Service and add new features to the Service from time to time, the use of which may be contingent upon your agreement to additional requirements.
2.7 Service Interruption.
We reserve the right to interrupt the availability of the Service or any part thereof from time to time on a regularly scheduled basis or otherwise with or without prior notice, including without limitation under the following circumstances:
a) maintenance, updates and fixation of server, network, software and/or hardware which are necessary to provide the access of the Application and Service to you;
b) Force Majeure (defined below);
c) in accordance with the order of governmental authorities or other in-charge authorities; and
d) in order to comply with applicable laws.
You agree that we will not be liable for any interruption of the Applications or Service or any part thereof, delay or failure to perform resulting from the circumstances referred to in the preceding paragraph. We have the right at any time with or without reason to change and/or eliminate any aspect(s) of the Service (or any part thereof) as we see fit in our sole discretion.
2.8 Suspension or Termination of Service.
If you become aware or reasonably suspect that any Application (including an End User’s use of an Application) or User Data violates these Terms, you will immediately suspend the Application, remove the User Data, and suspend access by End Users. If you fail to take such action, Tencent may suspend or disable the Application and your Account until that violation is remediated to Tencent’s satisfaction. In the event that Tencent determines at its sole discretion that your or your End User’s use of the Service could: (i) disrupt the Service; (ii) disrupt use of the Service by a third party; (iii) disrupt the Tencent network or servers used to provide the Service; (iv) allow unauthorized third party access to the Service; or (v) otherwise pose a security risk or threat or result in any legal or regulatory liability to Tencent, then Tencent or its affiliates may immediately and without prior notice to you, restrict or suspend your Account or the offending Application, to the extent required to address such concern. You agree that you are responsible for all Fees incurred or payable during such period of restricted or suspended use.
3. TECHNICAL SUPPORT AND SERVICE LEVELS
3.1 Service Levels.
Tencent will use commercially reasonable efforts to provide the Service in accordance with the Bugly SLA set forth here. The parties acknowledge and agree that, regardless of anything to the contrary in these Terms, your sole and exclusive remedy for a breach of the Bugly SLA is the remedy as set forth and pursuant to the SLA.
3.2 Support for the Service.
Except to the extent required by applicable laws with respect to consumers, Tencent is under no obligation to provide technical support or other services unless you have purchased support services. You acknowledge and agree that technical support or other services may require you to pay additional costs and other fees.
3.3 Support for the Applications.
You are responsible for the operation, integration and technical support of your Applications.
3.4 Customer support.
If you have any questions (including problem consultation, complaints, etc.) about these Terms or the use of the Service, we have provided you with a variety of feedback channels and hope to provide you with satisfactory solutions:
a) Online customer service/other online feedback channels: You can give feedback online through the [Bugly official website help feedback button]
b) Email: [customer support email]
We will reply to you as soon as possible after receiving your feedback, and respond to your request, and if applicable, within the time limit stipulated by laws and regulations.
4. USER’S RIGHTS AND OBLIGATIONS
4.1 Compliance.
You are solely responsible for your Applications and User Data and for making sure your Applications and User Data comply with these Terms and that use of the same in connection with the Service complies with applicable laws. You represent and warrant that you own all rights, titles and interest in the Application that uses the Service and have the right to access and use the Service in connection with the Applications. Tencent reserves the right to review all Applications to ensure your compliance with these Terms. You acknowledge and agree that you are responsible for all use of the Service by End Users, End Users’ access to Applications and User Data, and for otherwise ensuring that each End User complies with these Terms. In these Terms, “User Data”** means any data or information submitted by or on behalf of you or transmitted to the Service, including but not limited to any personal data, but excluding any data provided to Tencent as part of your general Account.
4.2 Third Party Access.
You acknowledge that you shall not allow unauthorized third party access to the Service or connect third-party products or services (including apps not owned or operated by your company or by you, etc.) to the Service (including packages).
4.3 Security.
You will not install or use any pirated or malicious software on the Service and must take security measures to protect your Applications and computer information systems. You represent and warrant that the User Data transmitted to the Service does not contain any viruses, harmful code or destructive data, and does not contain any malware characteristics (including as defined by applicable laws and regulations). You may not send or store computer code, files, scripts, and programs that contain viruses, worms, Trojan horses, or other harmful programs, through the Service or by any other means.
4.4 Upgrades.
When using the Service, you shall ensure that the Bugly SDK is upgraded to the latest version that meets the new regulatory requirements, and that you will do so in a timely manner when we provide you with a new version of the SDK.
4.5 Disclosures to End User.
You represent and warrant that you require End Users to acknowledge a privacy notice before End Users can access the Service or User Data is otherwise processed by the Service, and such privacy notice is prominently displayed and easily accessible to End Users at all times, notifies users that you use the Service, clearly and comprehensively explains to End Users what User Data we process and how we process the same, clearly and comprehensively explains to End Users what User Data you access, collect, store and otherwise use, clearly and comprehensively explains how you share User Data to us, to enable us to provide the Service and process such data in accordance with the Terms and Privacy Policy and otherwise complies with any requirements prescribed by applicable data protection laws.
4.6 Consents from End Users.
You represent and warrant that you have obtained any necessary consents from End Users in accordance with, and such consents are obtained in the manner, if any, prescribed by, applicable laws (including applicable data protection laws) to enable your, our, our affiliates’ and our sub-processors’ processing of User Data (where applicable) in accordance with applicable laws (including applicable data protection laws).
4.7 Service Data.
You agree and undertake that you shall not, and shall procure your End Users not, provide or disclose Service Data to any third party without the prior written permission of Tencent. In these Terms, “Service Data” refers to all service and statistical data relating to or generated by the Service, including but not limited to index data, individual data, analysis charts, etc.
4.8 Restricted Uses.
You shall use the Service in compliance with these Terms and applicable laws and regulations. You agree that you will not conduct or use the Service to engage in the following activities (nor will you facilitate or support your affiliates, employees, contractors or any other person under your control, management, supervision or otherwise to do the following):
a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of the Service (except to the extent such a restriction is expressly prohibited by applicable law, and where you are permitted by law to so reverse engineer, you will contact Tencent to obtain the desired information prior to such reverse engineering);
b) sublicense, resell, or distribute or act as an agent for the sale of any or all of the Service (including packages);
c) access the Service in a manner intended to avoid incurring Fees or otherwise avoiding usage limitations; or
d) other behaviors that violate these Terms, laws, regulations or regulatory policies, and infringe upon the legitimate rights and interests of us and/or others.
5. TENCENT’S RIGHTS
5.1 Without affecting your use of the Service under these Terms, Tencent has the right to adjust the name, domain name, function, product design, visual interface, etc. of the Service, related services and related functional modules at its own discretion. If the aforesaid work may affect your normal use of the Service, we will notify you within a reasonable time before making relevant adjustments and inform you of the possible impact.
5.2 All legal rights and interests to the Service (including but not limited to models, result data, analysis reports and other data contents, as well as pictures, charts, documents, text and interface design, etc.), Operation Data (as defined below), Service Data and other data, materials or information related to the Service belong to Tencent and/or its affiliates, including various documents related to the interface of the Service.
6. YOUR PRIVACY
Under data protection laws, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in the Privacy Policy and it is important that you read that information.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Intellectual Property Rights.
You agree that all Intellectual Property Rights in and to the Service, as between you and Tencent, are owned by Tencent, its affiliates and/or Tencent’s licensors, as the case may be. Except as expressly set forth in these Terms and to the extent permissible under applicable law, Tencent does not grant to you any licenses or other rights, implied or otherwise, in or to Tencent’s Intellectual Property Rights. The copyrights, patents and other intellectual property rights of the software on which Tencent relies in providing the Service are owned by Tencent and/or its affiliates. Other legal rights related to or in the Service that are not mentioned in these Terms are also reserved by Tencent. In these Terms, “Intellectual Property Rights” means all current and future worldwide rights under patent, copyright, trade secret, trademark, or moral rights laws, and other similar rights.
7.2 Operation Data.
You acknowledge agree that all rights to the Operation Data of the Service belong to Tencent. In these Terms, “Operation Data” refers to all data relating to or generated by the operation of the Service, including but not limited to user login information, operation records, subscription data, statistical data, billing data, etc.
7.3 User Data.
a) You hereby grant to Tencent a non-exclusive, sublicensable license to access, copy, and use User Data to provide the Service, and/or otherwise use such User Data in accordance with these Terms.
b) You acknowledge and agree that Tencent may disclose User Data to third parties with or without notice to you: (1) to comply with applicable laws or protect Tencent’s rights; or (2) to comply with court orders, a lawful government or law enforcement request, or other legal processes. Tencent may also block or remove User Data as required by applicable laws, in which case Tencent will make reasonable commercial efforts to promptly notify you if legally permissible.
c) You are solely responsible for maintaining and backing up User Data. You represent and warrant that: (1) you have all rights required to provide User Data to Tencent, for Tencent to use the User Data as provided for in these Terms, and for you to use in connection with your use of the Service; and (2) User Data, and your use of User Data through the Services does not violate any laws or rights of any person. You retain any Intellectual Property Rights you may have in User Data.
7.4 Publicity.
You agree that Tencent may refer to you as a customer of Tencent and use your name and logo in Tencent’s marketing materials and websites. You also agree that Tencent has the right to use, copy, revise, edit, publish, display, translate and distribute the trademarks, trade names, names, logos and other materials or content related to Users to promote the Service and related services.
7.5 Tencent Logo.
You shall not use Tencent’s trademarks service marks, trade names, domain names, website names or other distinctive brand features of Tencent under any circumstances, including "Tencent", "Tencent Bugly", etc. (hereinafter collectively referred to as “Tencent Logos”). Without the prior written consent of the Tencent, you shall not display, use, or otherwise dispose of the aforesaid Tencent Logos in any way, either alone or in combination, without Tencent’s prior written consent. You shall bear all legal liabilities for any losses caused to Tencent or others by using the Tencent Logos in violation of these Terms.
8. DISCLAIMERS, INDEMNITIES, LIMITATION OF LIABILITIES
8.1 Disclaimer of Warranties.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND NEITHER TENCENT NOR ANY OF ITS LICENSORS OR AFFILIATES, PROVIDERS OR DISTRIBUTORS, MAKE, AND TENCENT HEREBY DISCLAIMS ON BEHALF OF ITSELF AND SUCH PERSONS, ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING TENCENT, ANY OTHER SERVICE OR SOFTWARE, OR ANY CONTENT SUBMITTED, UPLOADED, STORED, TRANSMITTED OR DISPLAYED BY OR THROUGH THE SERVICE, INCLUDING ANY REPRESENTATION, WARRANTY OR UNDERTAKING:
a) THAT THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
b) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE;
c) THAT USER DATA WILL NOT BE SUBJECT TO LOSS OR DAMAGE;
d) OF NON-INFRINGEMENT;
e) THAT THE SERVICE OR SOFTWARE WILL BE SECURE OR COMPATIBLE WITH YOUR OR YOUR NETWORKS, SYSTEMS, APPLICATIONS, HARDWARE, OR DEVICES; OR
f) THAT THE SERVICE WILL BE OF MERCHANTABLE OR SATISFACTORY QUALITY OR FIT FOR ANY PARTICULAR PURPOSE. FOR THE AVOIDANCE OF DOUBT, THE SERVICE IS NOT DESIGNED OR INTENDED FOR HIGH RISK ACTIVITIES.
8.2 Limitation of Liability.
a) Cap on Liability. SUBJECT TO SECTION 8.2c) BELOW, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL AGGREGATE LIABILITY OF TENCENT AND ITS AFFILIATES, ON THE ONE HAND, AND YOU ON THE OTHER, FOR ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS, THE SERVICE, AND THE SOFTWARE, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WILL BE LIMITED TO THE TOTAL FEES THAT YOU HAVE PAID TO TENCENT UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE THAT EVENT GIVING RISE TO THE LIABILITY FIRST OCCURRED. HOWEVER, NOTHING LIMITS OR EXCLUDES EITHER PARTY’S LIABILITY FOR ANY MATTERS FOR WHICH LIABILITY CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAWS.
b) Disclaimer of Damages. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, NEITHER TENCENT, NOR ITS AFFILIATES OR THEIR LICENSORS WILL BE LIABLE TO YOU UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, FOR: (i) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES; (ii) UNAVAILABILITY OF THE SERVICES (EXCEPT AS PROVIDED UNDER THESE TERMS); (iii) YOUR APPLICATIONS OR INTELLECTUAL PROPERTY RIGHTS; OR (iv) LOSS OF DATA, LOST PROFIT, GOODWILL, REVENUE, CUSTOMERS OR OPPORTUNITIES; IN EACH CASE, RELATING TO THE SERVICES AND THESE TERMS.
c) Unlimited Liabilities. NOTHING IN THESE TERMS EXCLUDES OR LIMITS YOUR LIABILITY FOR:
I) YOUR PAYMENT OBLIGATIONS UNDER THESE TERMS;
II) YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION [8.3](#_ref180704268);
III) YOUR INFRINGEMENT OF OUR, OUR AFFILIATE’S OR LICENSOR’S INTELLECTUAL PROPERTY RIGHTS; OR
IV) ANY FRAUDULENT ACTIVITIES OR FRAUDULENT MISREPRESENTATION.
d) ### Disclaimer of Certain Liabilities. Without limiting Section 8.2a) or 8.2b), if the Service is interrupted for any of the reasons set forth below, Tencent disclaims liability for any loss or damage to the extent caused by the following:
I) causes attributable to infrastructure operators, including but not limited to technical adjustments made by telecommunications operators, damage to telecommunications/power lines, installation, modification or maintenance of telecommunications networks/power resources by telecommunications/power operators;
II) your use of the Service in a manner not authorized by Tencent;
III) improper operation by you or failures in your computer software, systems or hardware; or
IV) any other circumstances not attributable to the fault of, outside the control of, or not reasonably foreseeable by, Tencent.
8.3 Tencent Indemnification.
a) Tencent will defend or, at its option, settle any third party claim, allegation, suit or proceeding (“**Claim**”) brought against you alleging that the use of the Service by you in accordance with these Terms infringes a third party patent or copyright. Tencent will have sole control of the defense or settlement negotiations, and Tencent agrees to pay, subject to the limitations set forth in these Terms, any final judgment entered against you and any amounts agreed to in settlement by Tencent as a result of such infringement in any Claim defended by Tencent; provided that you provide Tencent with: (1) prompt written notice of the Claim; (2) sole control over the defense and settlement of the Claim; and (3) all reasonably requested information and assistance, to settle or defend the Claim.
b) In the event that any Claim is brought or, in Tencent’s opinion, likely to be brought, Tencent may, at its sole option and expense: (1) procure for you the right to continue to use the applicable Service; (2) modify the Service, or replace the Service with non-infringing software or services that do not materially impair the functionality of the Services; or (3) if neither of the foregoing is feasible on commercially reasonable terms, terminate these Terms and notify you to discontinue to use the applicable Service.
c) Tencent will have no obligation to you under this Section [8.3](#_ref180704268) to the extent a Claim arises from: (1) your breach of these Terms; (2) User Data; (3) use of the Service and Software in combination with any products, services, data, software, hardware or business processes not provided by Tencent, if the alleged infringement is based on that combination; (4) use of non-current or unsupported versions of the Service and Software; (5) modifications to the Service and Software by anyone other than Tencent or its affiliates; (6) any necessary implementation of an industry standard or protocol or compliance with any applicable laws and regulations; or (7) liability arising from your or any End User’s use of the Service after Tencent has notified you to discontinue such use.
d) THIS SECTION [8.3](#_ref180704268) STATES THE ENTIRE LIABILITY OF TENCENT, AND YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY CLAIM OF INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE SERVICE.
8.4 Your Indemnification.
a) You will defend, indemnify and hold harmless Tencent, its affiliates, and each of their respective agents, licensors, employees, officers and directors from and against any Claims to the extent they arise out of or in relation to:
I) your Applications, product, service or User Data, including without limitation, their alleged infringement or misappropriation of the Intellectual Property Rights of any third party;
II) you or your End Users’ use of the Service or Software, including without limitation any (A) alleged violation of applicable data protection laws by you, your End User(s), Tencent, or its affiliate(s) in connection with such use; (B) alleged violation of any other applicable laws and regulations by you, your End Users, Tencent, or its affiliates in connection with such use; (C) alleged violation of third party rights by you, your End Users, Tencent, or its affiliates; and/or (D) such use that would constitute a violation of these Terms; and/or
III) the use of any products, services, data, software, hardware or business processes not provided by or on behalf of Tencent or its affiliates.
b) Tencent will provide you with: (1) prompt written notice of any Claims; and (2) reasonable assistance, at your expense, to defend or settle the Claim. Tencent and its affiliates retain the right to appoint additional counsel of their choice to participate in defending or settling the Claims, in which case the counsel retained by you will consult with the counsel appointed by Tencent or its affiliates and will give them the opportunity to provide comments on defense and settlement strategies.
c) At your option, you may settle any such Claims, provided that any settlement requiring Tencent or its affiliates or their agents, licensors, employees, officers or directors to admit liability, pay money, or take or refrain from taking any action will require Tencent’s or the affiliate’s prior written consent (not to be unreasonably withheld, conditioned, or delayed).
d) Without limiting the foregoing, you agree to pay any final judgment entered against Tencent or its affiliates or their licensors, employees, officers and directors including without limitation any damages, costs, penalties, fees, disgorgement, restitution, and interest, or in the event of settlement, any settlement amounts agreed to by you, as a result of those Claims. You also agree to reimburse us for any costs and reasonable attorney’s fees spent responding to any third-party subpoena, legal order or other processes associated with such Claims.
8.5 Independent Allocations of Risk.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO ALLOCATE THE RISKS OF THESE TERMS BETWEEN YOU AND TENCENT. THIS ALLOCATION IS REFLECTED IN THE FEES CHARGED BY TENCENT TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TENCENT. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS, AND EACH OF THESE PROVISIONS WILL APPLY EVEN IF THE LIMITED REMEDIES IN THESE TERMS HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
9. TERM, TERMINATION AND SUSPENSION
9.1 Term.
The term for these Terms will commence when you accept these Terms and complete the purchase for the Service and shall continue until terminated as set forth below (the “Term”).
9.2 Termination, suspension and/or modification by Tencent.
a) Termination for cause. To the extent permitted under applicable laws, Tencent may, at its sole discretion and without assuming any liability, terminate these Terms, or suspend, modify, restrict or terminate your access to or use of the Service or any aspect of the Service, in whole or in part, immediately upon written notice to you if:
I) the relevant Service purchased by you has expired, or the package has been consumed and has not been renewed;
II) you violate any provisions of these Terms and failed to rectify the breach after being notified by Tencent;
III) you have not paid any Fees or other amounts owed by you to Tencent within 30 days after the applicable due date;
IV) Tencent reasonably believes that you or an End User have violated any applicable laws, or engaged in any illegal, fraudulent or deceptive activity, in connection with the use of the Service; or
V) other circumstances stipulated in these Terms.
b) Termination for convenience. Tencent has the right to terminate these Terms for convenience and without liability by providing written notice to you 30 days in advance of the termination. You understand and agree that Tencent will not assume any obligations to you with respect to the Application and Service for such termination.
9.3 Effects of Suspension.
If we restrict or suspend your access to any or all of the Service, or otherwise modify the Service under these Terms:
a) where the Service is suspended, you remain responsible for all Fees accrued through the date of suspension (including where the charges were incurred before suspension date but performance of the relevant obligations were after the suspension date); and
b) you remain responsible for any applicable charges for any part of the Service (including any modified portions thereto) to which you have access.
9.4 Effects of Termination.
If we end your rights to use the Service:
a) you must stop all activities authorized by these Terms, including your use of the Service;
b) you must delete or remove the Service from all Applications; and
c) you will no longer have further access to your Account.
9.5 Termination by you.
You may terminate your Account and these Terms at any time by following the instructions provided within the Service. If you terminate your Account and these Terms, you are not entitled to a refund of any Fees paid to Tencent.
10. REMEDIES
10.1 You acknowledge and agree that if Tencent discovers, on its own or based on information provided by competent authorities or complaints filed by rights holders, that you have violated applicable laws, regulations or rules, or breached the Terms, Tencent will be entitled to take any one or more of the following actions at its own discretion:
a) issue warnings;
b) restrict your use of some or all of the functions of the Software and/or the Service, and do not require a refund of the relevant fees you have paid;
c) suspend or terminate your use of the corresponding Account (hereinafter referred to as "blocking the account");
d) in case of serious violations or breaches, Tencent will have the right to terminate the provision of Service to you and terminate the Terms; and
e) pursuing other liabilities against you in accordance with any applicable laws and regulations.
10.2 We will retain the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. We consider the severity of the violation and the number of infractions in making our determination; however any determination shall be at our reasonable discretion.
10.3 Tencent shall not be responsible or held liable for any damages or losses, including but without limitation to the suspension of your business operations, deletion of data, etc., arising from the actions taken by Tencent hereunder due to your breach of these Terms.
11. XPORT CONTROL AND SANCTIONS
11.1 You agree not to engage in any activities in connection with these Terms that would breach sanctions or export control laws or risk placing Tencent or its affiliates in breach of any sanctions or export control laws, or becoming a target of sanctions.
11.2 In this Section 11, capitalized terms have the following definitions:
a) “OFAC” means the U.S. Department of Treasury’s Office of Foreign Assets Control.
b) “Sanctions” means the economic sanctions laws and regulations of the People's Republic of China ( “PRC”), the United States (“U.S.”), the European Union (“EU”), EU member states, the United Kingdom, the United Nations (“UN”), and all applicable government authorities including, without limitation, the economic sanctions rules and regulations implemented under statutory authority and/or the U.S. President’s Executive Orders and administered by the OFAC, and the Anti-Foreign Sanctions Law of the People’s Republic of China and relevant rules and regulations.
c) “Sanctioned Jurisdiction” means the jurisdictions that are subject to comprehensive U.S. sanctions administered by OFAC (currently, Cuba, Iran, North Korea, Syria, the Crimea region, and the so-called Donetsk People's Republic and Luhansk People’s Republic).
d) “Sanctioned Person” means any individual, entity, or government that is the target of sanctions administered by: PRC, the U.S. (including, without limitation, those persons on OFAC’s Specially Designated Nationals and Blocked Persons List as well as any individual or entity that is located or resident in or organized under the laws of a Sanctioned Jurisdiction), the EU, EU member states, the United Kingdom, the UN and/or any other relevant authority.
11.3 You hereby agree to the following representations and covenants, in each case below with respect to your use of the Service under these Terms:
a) You hereby represent and warrant to Tencent that you are not, as of the date of these Terms, any of the following (i)-(iii) and that if, after the date of these Terms, you become any of the following (i)-(iii), you shall immediately notify Tencent in writing: (i) are or acting on behalf of a Sanctioned Person, (ii) controlled or owned 50% or more (directly or indirectly) in the aggregate by one or more Sanctioned Persons, or (iii) located or resident in or organized under the laws of a Sanctioned Jurisdiction.
b) In your use of the Service, you shall not: (i) violate Sanctions, (ii) use the Service in any way that involve, relate to, or are conducted on behalf of or for the benefit of a Sanctioned Person, and (iii) without limiting any of the foregoing (i)-(ii), with respect to your use of the Services provided under these Terms, transact with or otherwise do business with or involving any (a) Sanctioned Jurisdiction or (b) Sanctioned Person.
c) You covenant and agree that you shall immediately notify Tencent in writing if you, with respect to your use of Service under the Terms, become aware of any (i) actual or potential violation of Sanctions by you or (ii) the involvement of any (a) Sanctioned Jurisdiction or (b) Sanctioned Person, in each case relating to your use of the Service.
d) To the extent that Tencent, in its sole discretion, determines that a breach of Section [11](#_ref180767028) of these Terms by you has occurred or will occur, Tencent shall be entitled, in its sole discretion, to terminate these Terms with you and cease its provision of Service to you, in each case with immediate effect, or take any other remedial actions at the discretion of Tencent. If Tencent terminates these Terms or take any other remedial actions pursuant to this provision, it shall not be obliged to make any payments, indemnify, or otherwise provide compensation to you for the termination or the remedial actions.
e) Tencent has the right to perform its reporting obligations to any relevant authority pursuant to applicable laws.
12. GOVERNING LAW AND DISPUTE RESOLUTION
12.1 These Terms are governed by the laws of Hong Kong.
12.2 If a dispute, controversy or claim arising from or in connection with the Terms or your use of the Service cannot be resolved within thirty (30) days following the commencement of consultation or mediation, then you or we shall submit the dispute for arbitration by the Hong Kong International Arbitration Centre (“HIAC”). Except for the right of either you or us to apply to any court of competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm, both you and we agree that any dispute, controversy or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the HIAC under the HIAC Arbitration Rules of the HIAC for the time being in force which rules are deemed to be incorporated by reference in this section. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be three (3). You and we shall each designate one (1) arbitrator and the President of HIAC shall appoint a person who is the third arbitrator to act as the presiding arbitrator of the arbitral tribunal. The arbitration proceedings shall be conducted in English. The arbitral award shall be final and binding upon you and us.
13. FORCE MAJEURE
13.1 ## In these Terms, “Force Majeure” refers to uncontrollable, unforeseeable and insurmountable events of one party, including but not limited to: natural disasters (earthquakes, floods, fires, etc.), acts of government, promulgation or change of laws, regulations or policies (including trade laws, sanctions, restrictive measures or regulations), strikes or unrest, military conflicts or paramilitary conflicts, terrorist activities, martial law, riots, large-scale outbreaks of epidemic infectious diseases, or any significant change of circumstances (including changes in applicable laws which would render provision of Service potentially illegal or different from that contemplated by the parties at time of the acceptance of these Terms or first download, install, access, or use the Services), foreseeable or otherwise.
13.2 If the performance of these Terms is prevented, delayed, hindered or restricted, or Tencent breaches these Terms due to an event of Force Majeure, in no case shall Tencent be liable for the breach of these Terms, or be otherwise liable for any such failure or delay in the performance of such obligations. If the Force Majeure persist for more than 15 consecutive days, Tencent may terminate these Terms, without assuming any liability, by immediate written notice to you.
14. MISCELLANEOUS
14.1 Notice.
Any notice required or permitted to be given under these Terms will be effective if it is in writing and sent by certified or registered mail, or insured courier, return receipt requested, to the appropriate party at the address set forth above (in the case of Tencent) and any address registered with us (in your case) and with the appropriate postage affixed. Either party may change its address for receipt of notice by notice to the other party in accordance with this Section. Notwithstanding the foregoing, any notices, communications, or disclosures sent electronically by Tencent through email, web announcements, site messages, mobile phone text messages or regular mail transmission or otherwise, shall be deemed a valid and binding notice required or permitted to be given under these Terms and shall be deemed to have been delivered to you on the date of sending.
14.2 Assignment.
Neither party may assign or otherwise transfer, by operation of law or otherwise, its rights or obligations under these Terms without the prior written consent of the other party, except that Tencent may freely assign or otherwise transfer these Terms without your consent: (i) in connection with a merger, acquisition or sale of all or substantially all of Tencent’s assets; or (ii) to any affiliate or as part of a corporate reorganization. Upon such assignment or transfer taking effect, the successor or permitted assigns (as the case may be) shall assume assignor/transferor’s liability and assignor/transferor is released from the same. Any attempted assignment or transfer in violation of the foregoing restriction will be void. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of the parties and their successors and permitted assigns.
14.3 Waiver and Severability.
The waiver by either party of any breach of these Terms does not waive any other breach. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms. If any part of these Terms is unenforceable, the remaining portions of these Terms will remain in full force and effect.
14.4 No Third-Party Beneficiaries.
These Terms are not intended to confer any benefits on any third party except to the extent that it expressly states that it does. End Users are not third party beneficiaries to these Term.
14.5 Entire Agreement.
These Terms, together with the Bugly SLA constitute the whole legal agreement between you and us and govern your use of the Service and supersede and extinguish any prior drafts, agreements, undertakings, representations, warranties, promises, assurances and arrangements of any nature whatsoever, whether or not in writing.
14.6 Language.
We may translate these Terms into other languages. In the event of any inconsistency between this English language version and any other language version, this English language version shall prevail.
SERVICE SCHEDULE
1. Definitions
Definitions of terms used in the Service Function Table:
“Event volume package” refers to the sampling rate of each monitoring item determined by the User, and deducted according to the actual amount of events consumed, until all reports are stopped after the product is in arrears (subject to the statistics generated by the Service).
“MAU annual subscription package” refers to the maximum daily consumption event limit for Users to use the Service according to the annual package purchased by the User. The Service will conduct real-time observation of daily usage. If the usage exceeds the quota of the day (subject to the statistics of generated by the Service), the Service will automatically adjust the sampling strategy and reporting policy. Please note that once you bind a MAU annual plan, you can only disable a metric item while the package is in effect, and other configuration modifications will not take effect.
Description of the total amount reported by packages (including event volume packages and MAU annual packages):
a. “Total amount of package reporting” refers to the overall consumption of all apps connected to the package. We update the User's package usage (including the overall usage and the usage of a single app, subject to the actual data displayed on the page) on the product page every day, and you can check the usage at any time.
b.“Usage amount” refers to the total amount collected by the Service, which is subject to the background statistics of this Service. Users can control the overall reporting volume according to the module switch and sampling rate configuration provided by this product.
c.The Service updates the list of applications and the usage data of resource packages on the product page every day.
d.The total amount reported by the user's APP = sum of (the number of reports of each type × the coefficient of the corresponding type). The types and coefficients of monitoring events for the Service are defined in the Total Amount Reported Table set out in the Service Schedule. Tencent has the right to adjust and announce them according to the actual situation.
2. Service Function Table
| Functional Classes | Function | Function description | Whether the Event Volume Package Supports Sampling | Whether the MAU Annual Plan Supports Sampling |
|---|---|---|---|---|
| Inquire | Metric queries | The time frame is 180 days | Not involved | Not involved |
| Query individual cases | The time frame is 90 days | Not involved | Not involved | |
| Problem monitoring | Go to pieces | ☑️ | ☑️ | Modifying the sample rate is not allowed |
| ANR | ☑️ | ☑️ | Modifying the sample rate is not allowed | |
| FOOM | ☑️ | ☑️ | Modifying the sample rate is not allowed | |
| mistake | ☑️ | ☑️ | Modifying the sample rate is not allowed | |
| Cotton | ☑️ | ☑️ | Modifying the sample rate is not allowed | |
| memory | ☑️ | ☑️ | Modifying the sample rate is not allowed | |
| initiate | ☑️ | ☑️ | Modifying the sample rate is not allowed | |
| MetricKit(iOS) | ☑️ | ☑️ | Modifying the sample rate is not allowed | |
| Custom features | Custom dimensions | Follow the event report | Not supported | Not supported |
| Custom fields | Follow the event report | Not supported | Not supported | |
| crash custom file upload | The maximum file size is 2 MB | Not supported | Not supported | |
| Crash attachment (Android) | Independent on/off control | ☑️ | Modifying the sample rate is not allowed | |
| Featured Functions: | Symbol table management | Table of 2000 symbols | Not involved | Not involved |
| Alarm | Support email and WeChat | Not involved | Not involved | |
| webhook | 100 pcs | Not involved | Not involved | |
| openapi | 10 times/s | Not involved | Not involved |
3. Total Amount Reported Table
| Functional Modules | Report the Item | Coefficient | Illustrate |
|---|---|---|---|
| DAU/PV | DAU/PV | 0\.1 | |
| Go to pieces | crash case | 100 | |
| Crash attachment (Android) | 200 | ||
| Custom files | 1000 | The maximum file size is 2Mbit/s | |
| ANR(Android) | ANR cases | 100 | |
| ANR attachments | 200 | ||
| ANR(iOS) | ANR cases | 500 | |
| OOM(Android) | OOM case | 100 | |
| FOOM(iOS) | FOOM case | 100 | |
| mistake | Exceptions | 100 | |
| Custom files | 1000 | The maximum file size is 2Mbit/s | |
| Cotton | Stuttering Metrics (Pending Rate & FPS) | 1 | |
| Freeze cases | 50 | ||
| memory | Memory Metrics (Memory Peaks) | 1 | |
| Large memory allocation (iOS) | 1 | ||
| VC Leak (iOS) | 1 | ||
| Memory Graph (iOS) | 2000 | ||
| Java Memory Leak (Android) | 2000 | ||
| FD Ceiling (Android) | 2000 | ||
| Native Memory Ceiling (Android) | 200 | ||
| Big Picture Monitoring (Android) | 1 | ||
| initiate | Launch metrics | 1 | |
| MetricKit (iOS) | MetricKitIndex (iOS) | 1 | MXMetricPayload |
| MetricKit Example (iOS) | 200 | ` `MXDiagnosticPayload Data |