LegalVersion 2026-04-24

Terms of Service

Version: 2026-04-24 Effective: 2026-04-24

1. Parties

These Terms ("Terms") form a binding agreement between XSCALER LTD, trading as xScaler Labs, registered in England and Wales under company number 17048353, registered office C/O Wis Accountancy, 4 Imperial Place, Maxwell Road, Borehamwood, Hertfordshire, WD6 1JN, United Kingdom ("xScaler", "we", "us"), and the person or organisation who accesses the xScaler platform ("you", "your", "Customer").

If you accept these Terms on behalf of an organisation, you represent that you have authority to bind that organisation.

2. Service description

xScaler provides a multi-tenant observability platform: ingestion, storage, and querying of metrics, traces, and logs ("Service"). The Service is provided through web portal and API access, billed under one of the published plans.

3. Account and ownership

  • You may create an organisation. The first user to create an organisation is its owner; ownership can be transferred to another member by the current owner.
  • You are responsible for everything done through your account, including by users you invite.
  • You must keep your credentials secure. Notify us at [email protected] immediately if you suspect any compromise.

4. Acceptable use

You may not, and may not permit anyone to, use the Service to:

  • Violate any law or third-party right.
  • Send special-category personal data (Art. 9 GDPR) into telemetry payloads.
  • Attempt to circumvent tenant isolation, rate limits, or platform quotas.
  • Reverse engineer the Service except to the extent permitted by law.
  • Use the Service for activities that could damage, disable, or impair the Service for other customers (DoS, resource exhaustion, etc.).

We may suspend access to investigate suspected violations.

5. Fees and billing

  • Plans, prices, and quotas are published in the portal.
  • Billing is processed by Stripe. Currency, billing period, and invoicing cycle are set per plan.
  • Past-due accounts are subject to soft-lock (read-only access) and eventual suspension.
  • You cannot delete an organisation with an outstanding balance.

6. Data processing

When you transmit telemetry data through the Service, you are the controller of that data and we are the processor. The processor terms are governed by our data processing addendum, which we provide on request to [email protected] and which is incorporated into these Terms by reference for any customer who countersigns it.

For account, billing, and audit data, xScaler is the controller. The Privacy Policy governs that processing.

7. Confidentiality

Each party will protect the other's Confidential Information using the same care it uses for its own confidential information of similar importance, and not less than reasonable care. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was already known prior to disclosure, was independently developed, or is rightfully obtained from a third party without restriction.

8. Service levels and availability

If a Service Level Agreement applies to your plan, it is published in the portal under that plan's details and incorporated into these Terms by reference. Free and trial plans are provided without an SLA.

9. Term and termination

  • These Terms remain in effect for as long as you have an active account or a paid subscription, whichever is longer.
  • You may terminate by deleting your account. The 30-day grace period in the deletion flow applies; you may cancel during that window.
  • We may terminate immediately for material breach (including non-payment, acceptable-use violations) or with 30 days written notice for convenience.
  • Sections that by their nature should survive termination (confidentiality, fees owed, indemnities, limitations of liability) survive.

10. Warranties and disclaimers

We warrant that we will provide the Service with reasonable skill and care. Except as expressly set out, the Service is provided "as is", without any warranties (express, implied, statutory, or otherwise), including warranties of merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent permitted by law.

11. Limitation of liability

To the maximum extent permitted by law:

  • Neither party is liable for indirect, incidental, special, consequential, or punitive damages, lost profits, lost revenue, or lost data.
  • Each party's total aggregate liability under these Terms is capped at the fees paid (or payable) by you to xScaler in the 12 months preceding the event giving rise to the claim.

These caps do not apply to liabilities that cannot be excluded by law, including death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

12. Indemnification

You will indemnify us against third-party claims arising out of your breach of Section 4 (Acceptable use) or your transmission of unlawful data through the Service. We will indemnify you against third-party claims that the Service, as provided, infringes the intellectual property rights of a third party.

13. Governing law and jurisdiction

These Terms are governed by the laws of Ireland. The courts of Dublin have exclusive jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

14. Changes to these Terms

When we update these Terms, we publish the new file with an updated date and bump the version constants in the product code. On your next sign-in, you will be prompted to re-accept. Withdrawing acceptance directs you to delete your account, since these Terms govern your continued use of the Service.

15. Contact

Privacy policy →Sub-processors →[email protected]