Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Mesh-Trace platform, including our website, APIs, and related services (collectively, the “Service”), provided by Mesh-Trace Inc. (“Mesh-Trace”, “we”, “us”, or “our”). By accessing or using the Service, you agree to be bound by these Terms.

1. Definitions

“Customer” means the entity or individual that registers for an account and agrees to these Terms. “Customer Data” means any telemetry data, trace data, span data, or other observability data that Customer submits to the Service through collector nodes or APIs. “Authorized Users” means individuals who are authorized by Customer to access and use the Service under Customer’s account.

2. Account Registration

To use the Service, you must create an account and provide accurate, complete registration information. You are responsible for maintaining the confidentiality of your account credentials, including API keys. You must immediately notify us of any unauthorized use of your account. Mesh-Trace is not liable for any loss arising from unauthorized use of your credentials.

3. Use of the Service

Subject to these Terms, Mesh-Trace grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during the subscription term. You agree not to:

• Use the Service to violate any applicable law, regulation, or third-party rights
• Reverse engineer, decompile, or disassemble any part of the Service
• Attempt to gain unauthorized access to the Service or its related systems
• Use the Service to transmit malicious code or interfere with other customers
• Resell, sublicense, or redistribute the Service without prior written consent
• Exceed the rate limits or resource quotas applicable to your subscription plan

4. Customer Data

You retain all rights in your Customer Data. By using the Service, you grant Mesh-Trace a limited license to process, store, and transmit Customer Data solely to provide the Service. We will not access Customer Data except as necessary to provide the Service, prevent fraud, or comply with law. Customer Data is encrypted in transit and at rest as described in our Privacy Policy.

5. Subscription Plans and Payment

The Service is offered under subscription plans as described on our Pricing page. Fees are billed in advance on a monthly or annual basis. All fees are non-refundable except as expressly stated otherwise. We reserve the right to change pricing with 30 days’ written notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

If payment is not received within 15 days of the due date, we may suspend access to the Service until the outstanding balance is paid. Overdue amounts accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower.

6. Service Level Agreement

Mesh-Trace commits to 99.9% monthly uptime for Pro plans and 99.99% monthly uptime for Enterprise plans, measured as the percentage of minutes the Service’s ingestion and query APIs are available during a calendar month. Scheduled maintenance windows (announced at least 48 hours in advance) are excluded from uptime calculations. If we fail to meet the applicable SLA, you are eligible for service credits as described in the SLA Addendum provided with your order form.

7. Intellectual Property

The Service, including all software, documentation, APIs, and related materials, is the intellectual property of Mesh-Trace Inc. and is protected by copyright, trade secret, and other intellectual property laws. “Mesh-Trace”, our logo, and related marks are trademarks of Mesh-Trace Inc. Nothing in these Terms transfers ownership of any intellectual property to you.

8. Confidentiality

Each party agrees to protect the other party’s confidential information with the same degree of care it uses to protect its own confidential information, but no less than reasonable care. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction.

9. Warranties and Disclaimers

Mesh-Trace warrants that the Service will perform materially in accordance with the applicable documentation during the subscription term. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MESH-TRACE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNTS PAID BY CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE THEORY OF LIABILITY.

11. Indemnification

Mesh-Trace will defend Customer against any third-party claim that Customer’s authorized use of the Service infringes a third party’s intellectual property rights, and will indemnify Customer against any damages finally awarded. Customer will defend Mesh-Trace against any third-party claim arising from Customer’s use of the Service in violation of these Terms or applicable law.

12. Term and Termination

These Terms commence when you create an account and continue until terminated. Either party may terminate for convenience with 30 days’ written notice at the end of the then-current subscription term. Either party may terminate immediately if the other party materially breaches these Terms and fails to cure the breach within 30 days of written notice.

Upon termination, your access to the Service will cease. Customer Data will be available for export for 30 days following termination, after which it will be permanently deleted. Sections 7–11 and 14 survive termination.

13. Modifications

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service before the effective date.

14. General Provisions

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles. Any dispute arising under these Terms shall be resolved exclusively in the state or federal courts located in Wilmington, Delaware. These Terms constitute the entire agreement between the parties and supersede all prior agreements regarding the subject matter herein. If any provision is found unenforceable, the remaining provisions remain in full force. Mesh-Trace may assign these Terms without restriction. Customer may not assign these Terms without prior written consent.

15. Contact

For questions about these Terms, contact us at [email protected] or by mail at:

Mesh-Trace Inc.
1209 Orange Street
Wilmington, DE 19801
United States