Terms of Service

1. Introduction

These Terms of Service (the "Terms") govern your access to and use of the LastCrash SDK, lastcrash.io website and its subdomains ("Service"), both prior to and following the completion of a Master Service Subscription Agreement (the "MSSA") with Pocket Labs LLC ("LastCrash", "we," "us," or "our"). Whether you are exploring the possibility of entering into the Agreement or have already done so, these Terms apply to all users ("You" or "User"), including both individuals and representatives of organizations.

Before you can receive services from LastCrash, you must complete the MSSA, which outlines the specic terms under which services are provided. By accessing or using the Service, at any stage, you signify your acceptance of these Terms. Please read them carefully to ensure you understand your rights and obligations as a user of the Service, both before and after entering into the Agreement.

Your continued use of the Service constitutes your agreement to these Terms and, if applicable, the Agreement. We encourage you to review these documents thoroughly to understand the full scope of your engagement with LastCrash.

2. Description of the Service

The LastCrash SDK captures app crashes, events, and screenshots, and reports them to the Service. This allows Developers to monitor and improve the performance of their applications.

3. License Grant

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to integrate and use the LastCrash SDK solely for the purpose of monitoring and improving your application(s).

4. Data Processing and Privacy

a. Role and Responsibilities

• LastCrash acts as a data processor on behalf of the Developer, who is the data controller.
• We process personal data collected through the Service strictly according to the Developer's instructions and for the purposes outlined in our Privacy Policy.

b. Data Collection

• The Service collects app crashes, events, and screenshots.
• We do not collect device identifiers such as IDFA or Android Advertising ID.

c. End-User Rights

• End-Users should contact the Developer to exercise their data protection rights, as the Developer is the data controller.

5. Developer Obligations

a. Compliance with Laws

• You agree to comply with all applicable laws and regulations in connection with your use of the Service, including data protection and privacy laws.

b. End-User Consent

• You are responsible for obtaining all necessary consents and permissions from End-Users for the collection and processing of their data through the Service.

6. Prohibited Activities

You agree not to:

• Use the Service for any illegal or unauthorized purpose.
• Interfere with or disrupt the integrity or performance of the Service.
• Attempt to gain unauthorized access to the Service or its related systems or networks.

7. Intellectual Property

All intellectual property rights in the Service, including but not limited to software, technology, and documentation, are owned by us or our licensors. You have no rights to the Service except as expressly granted in these Terms.

8. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice, effective immediately. Upon termination, your right to use the Service will immediately cease.

9. Term

These Terms will remain in effect until terminated by either you or us in accordance with Section 8 (Termination). All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranty of any kind, whether express or implied. We do not guarantee that the Service will be uninterrupted, error-free, or free from harmful components.

11. Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use the Service;
• Any unauthorized access to or use of our servers and/or any personal information stored therein;
• Any interruption or cessation of transmission to or from the Service.

12. Indemnification

You agree to indemnify, defend, and hold harmless Pocket Labs LLC, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service.

13. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to any cause beyond our reasonable control, including but not limited to acts of God, war, terrorism, strikes, labor disputes, government regulations, natural disasters, or interruptions of internet or communications services.

14. Payments

a. Fees

• The use of the Service may be subject to fees. You agree to pay all applicable fees as described on our website or in your agreement with us.

b. Payment Terms

• Fees are due in accordance with the payment terms specified at the time of purchase or as otherwise agreed in writing. If no terms are specified, fees are due within thirty (30) days from the invoice date.

c. Late Payments

• Late payments may be subject to interest charges at a rate of 1.5% per month, or the highest rate permitted by law, whichever is lower. You are responsible for all reasonable costs and expenses incurred by us in collecting overdue amounts.

d. Taxes

• All fees are exclusive of taxes, and you agree to pay any applicable sales, use, value-added, or similar taxes, except for taxes based on our net income.

15. Amendments

a. Changes to the Service

• We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice to you. We will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service.

b. Changes to the Terms

• We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website or through the Service. Your continued use of the Service after the changes become effective constitutes your acceptance of the new Terms.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles.

17. Contact Information

If you have any questions about these Terms, please contact us at: hello@pocketlabs.io

By integrating, accessing, or using the LastCrash SDK, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last Updated: February 12th, 2025