Terms of Service

These Terms of Service ("Terms") form a binding agreement between INDIVIDUAL STARTUP s.r.o., a Czech limited liability company with registered office at Rybná 716/24, Staré Město, 110 00 Prague, Czech Republic, ID No. 08949671, VAT ID CZ08949671 ("OT4J", "we", "us"), and the company or individual that creates an account or uses the Service ("Customer", "you"). By creating an account or clicking "I agree", you confirm you have authority to bind your organisation and that you accept these Terms in full.

1. The Service

OT4J provides a Java performance-monitoring product consisting of (a) a Java agent jar that customers attach to their JVM via the -javaagent flag, and (b) a hosted dashboard at dashboard.ot4j.com that ingests telemetry from the agent and displays HTTP request, JVM and SQL metrics (the "Service"). Available tariffs and their feature sets are described at ot4j.com/#pricing and may be changed at our discretion on 30 days' notice.

2. Account & access

You are responsible for all activity under your account, including activity performed using your agent ingest token. Keep the token secret. You must not share login credentials between people; each user needs their own account. We may suspend or terminate the account if the password is leaked, the token is being abused, or if our security team identifies misuse.

3. Subscription & billing

3.1 Reserved seats

Paid plans are sold as reserved seats. You choose the number of seats. Each running agent at any given hour counts toward one seat. The seat count, not the live agent count, determines the bill.

3.2 Pricing

The standard rate is €5 per seat per calendar month, exclusive of VAT. Per-customer rates may be agreed in writing. VAT is added at checkout: the Czech standard rate (currently 21 %) applies unless a valid EU VAT identification number is supplied and reverse-charge applies under Article 196 of Directive 2006/112/EC.

3.3 Billing cycle (pre-paid)

Subscription fees are billed in advance on the 1st of each calendar month for that month's seats. The first invoice on signup covers the remainder of the current calendar month at the full per-seat rate (no pro-rata reduction for partial months).

3.4 Mid-month changes

• Upgrades take effect immediately. Added seats are billed at the full per-seat monthly rate for the current month — no pro-rata reduction. The charge is issued at the time of the upgrade.
• Downgrades take effect on the 1st of the following calendar month. The current month remains billed at the higher count. No refunds, credits or pro-rata adjustments are issued for unused seats.

3.5 Auto-renewal

The subscription renews automatically on the 1st of each month at the then-current seat count. To stop renewal, reduce seats to zero in the dashboard — the change takes effect on the next 1st.

3.6 Payment

Payment is collected via our payment processor on the saved payment method. You authorise us to charge that method for each invoice. If payment fails, we will retry over the following 14 days. If unpaid after 14 days, we may suspend the Service until payment is received.

3.7 Invoices

An invoice is issued for each billed period and emailed to the billing contact on file. Invoices are also available in your dashboard. You are responsible for keeping your billing contact and VAT details current.

4. Acceptable use

You agree not to: (a) use the Service to monitor systems you do not own or do not have authorisation to monitor; (b) probe, scan or test the vulnerability of the Service; (c) interfere with or disrupt the Service; (d) reverse engineer, decompile or attempt to derive source code from the agent jar, except to the extent expressly permitted by applicable law; (e) use the Service to send spam, phishing, malware or any unlawful content; (f) resell or sublicense the Service without our written consent.

5. Data ownership & processing

You retain all rights, title and interest in the telemetry your agents send ("Customer Data"). You grant us a limited, worldwide, non-exclusive licence to host, store, process and display Customer Data solely to provide the Service to you. We do not sell, share or analyse Customer Data for any other purpose. Our processing of personal data is governed by the Privacy Policy.

6. Service availability

We aim for high availability but do not guarantee uninterrupted operation unless an Enterprise SLA has been signed. The Service is provided "as is" and "as available". Planned maintenance will be announced when reasonable; emergency maintenance may happen without notice.

7. Confidentiality

Each party will protect the other's non-public information using at least reasonable care, and use it only for the purpose of the Service. This does not apply to information that is public, independently developed, lawfully received from a third party, or required to be disclosed by law.

8. Intellectual property

OT4J and all associated software, documentation, designs and trademarks are owned by INDIVIDUAL STARTUP s.r.o. or its licensors. No rights are granted except the limited right to use the Service in accordance with these Terms.

9. Warranties & disclaimers

Except as expressly stated in these Terms, we make no warranties, whether express, implied, statutory or otherwise, including merchantability, fitness for a particular purpose, accuracy of telemetry, and non-infringement.

10. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, business or goodwill, arising out of or relating to the Service. Each party's aggregate liability under these Terms is capped at the fees paid by the Customer in the twelve (12) months preceding the event giving rise to the liability. Nothing in these Terms limits liability that cannot be excluded under applicable law (e.g. gross negligence, wilful misconduct or death/personal injury caused by negligence).

11. Indemnification

You will defend, indemnify and hold harmless OT4J against any third-party claim arising from (a) your Customer Data, (b) your use of the Service in breach of these Terms, or (c) your violation of applicable law.

12. Termination

You may terminate at any time by reducing seats to zero in the dashboard; the termination is effective on the 1st of the next calendar month. We may terminate for convenience on 30 days' notice, or immediately for material breach (including non-payment after the 14-day grace period). On termination, access is disabled and your data is deleted within 90 days, except where retention is required by law (e.g. accounting records).

13. Modifications

We may update these Terms from time to time. Material changes will be announced by email to the billing contact and posted on this page with an updated "Last updated" date at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance. If you do not accept, you may terminate per Section 12.

14. Governing law & jurisdiction

These Terms are governed by the laws of the Czech Republic, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. Any dispute will be resolved exclusively by the courts of the Czech Republic, with the Municipal Court in Prague having first-instance jurisdiction where applicable.

15. Miscellaneous

These Terms, together with the Refund & Cancellation Policy and Privacy Policy, constitute the entire agreement between the parties regarding the Service. If any provision is held unenforceable, the remaining provisions stay in effect. Neither party may assign these Terms without the other's written consent, except to a successor in a merger, acquisition or sale of substantially all assets. No waiver is effective unless in writing.

16. Contact

Questions about these Terms? Email info@ot4j.com or write to INDIVIDUAL STARTUP s.r.o., Rybná 716/24, 110 00 Prague, Czech Republic.