Terms of service

Please read the highlighted sections — 7 to 19 — before you accept. They are highlighted because they differ from what the law would provide if we said nothing, or from what is usual: the free trial is for testing, and what you could find in it is what you accept (7); what the tag and the agent change on your machines (8); the effects on your own systems are your risk (9); what you measure and set in motion is yours to answer for (10); you answer for the damage you cause and compensate us for claims against us (11); no guarantee, no service level, and a narrow remedy for defects (12); what a model or a scan says (13); other companies’ services (14); the limits of our liability, a short deadline for claims and a shorter limitation period (15); events beyond our control (16); suspension (17); changes to these terms (18); the law, the courts, the language and the transfer of the contract (19). By creating an account you expressly accept each of them (Hungarian Civil Code, section 6:78).

7. The free trial is for testing

The trial is a version for testing and evaluation, for a limited period. It is free so that you can find out, at no cost and in your own environment, whether Obscenter suits your systems — before you depend on it. It is your test, and you run it:

• install the agent and the tag first on test or staging systems, or where a mistake costs little, and let instrumentation reach a production service only after you have seen how it behaves with that kind of service;
• check what matters to you: speed, memory, error rates, start-up, configuration, the pages your visitors see, and your bills;
• before you start, keep a backup and a way back — the agent can be told to stop changing your services and nginx (obscenter-agent deny-instrument) and to stop updating itself (OBSCENTER_AUTO_UPDATE=0), or be stopped or uninstalled, on the machine or from the machine’s page in the dashboard, and the tag can be removed;
• decide yourself whether, where and when to use it in production.

Whether the service is suitable for your systems and your purposes is your judgement, not a promise of ours. When you take a licence, you confirm that you have examined the service and accept it as it is. What you found, or could reasonably have found, during the trial — including how the tag, the agent and the instrumentation behave with your applications — is part of what you accepted, and is not a defect. During the trial, and in any other free use, there is no warranty of any kind, and our liability is limited as section 15 says.

8. What the tag and the agent do on your systems

So that you know before you install — the installer and the documentation list the same:

• The tag runs as a script inside your pages. It measures loading, errors and interactions and, where you switch it on, records sessions for replay. It adds weight and work to every page, and can conflict with your own scripts or your content security policy.
• The server agent runs as root. Unless you turn these off, it updates itself and the in-process module to the version our service offers, and restores a lost execute bit on root-owned scripts in /usr/local/bin. It reads the machine: processes, services, listening sockets, installed packages, nginx’s configuration and the logs you choose.
• Where instrumentation is allowed on a machine — which it is after a normal installation, unless you turn it off — the agent also changes the machine on its own: it writes a systemd drop-in for each Node.js service it finds, so that our module is loaded into that service’s processes (through NODE_OPTIONS --require) at its next restart; it writes files into nginx’s conf.d (a second access log, and the tag in the HTML pages of your sites), may add one marked line to a site’s configuration, and reloads nginx; for PostgreSQL in Docker it may add a statistics extension and restart that container once. It restarts a service when somebody in your organisation asks for it.
• Inside a Node.js process our module runs with your code, in the same memory and on the same event loop. It wraps incoming and outgoing requests and database calls, and can read request and response bodies as your settings decide. It can make the process slower, use more memory or processor time, change timing, keep it from starting, or change how it behaves — especially with versions, frameworks or configurations we have not seen.

We build in safeguards — nginx’s own test before a reload, putting files back when it fails, checking that a restarted service came back — but no safeguard covers every combination of software, and we cannot test yours. Each of these can be switched off; the installer says how.

9. Your systems are your risk

You decide whether, where and how the tag, the agents and every feature are used on your systems, and you can stop them at any time. So, to the extent the law allows, the consequences for your own applications, machines, data and accounts are yours to bear: errors, slowness, outages, a service that does not start again, changed or lost configuration, lost or corrupted data, security problems, and costs or penalties at your hosting, cloud, network, mail or other providers. You take this risk knowingly, after the trial and the description in section 8. Where such a consequence was caused by our breach of these terms, we answer for it only as section 15 allows; where your own conduct contributed — not testing first, not keeping a backup or a way back, not stopping the agent once you saw a problem — that part is not ours.

This is why you test first (section 7), keep backups and a way back, watch your systems after every change, and do not let the agent instrument systems whose failure could put people, health, critical infrastructure or significant assets at risk. If something goes wrong, stop the cause — switch instrumentation off, remove the drop-in, roll back — and tell us without delay, with what we need to look into it. Where we cannot do something because you did not do your part, we are not in breach of it.

10. What you measure, and what you set in motion

You may only put the tag on sites and apps, and the agents on machines, that you are entitled to measure and change. Whether measuring is lawful where you do it — informing your visitors, users and employees, and asking for consent where the law requires it — is your decision and your responsibility, and so are the settings that decide what is collected (sampling, session replay, masking, request bodies, logs, sending data to an AI provider), including the defaults you leave as they are.

Some features act on your systems or on others’, and they act as you or your people configure or trigger them. The console opens a shell on a machine, with the rights of the account the agent runs as: what is typed there is done by you. Workflows send messages and call addresses: the messages, the calls, and what the receiving systems do with them are yours. Load tests and checks send traffic: aim them only at systems you own, or whose owner has agreed in writing. What these features do on your instructions, and its consequences — including downtime, slowness, blocked addresses, changed configuration or costs at your providers — is your responsibility.

11. Damage you cause, and compensating us

You are liable for the damage that you, the people you invite, and anybody using your keys cause through the service — to us, to our other customers, and to anybody else.

If somebody claims against us — a visitor, a user, an employee, an authority, your customer, a provider, the owner of a site you tested — because of the data you or your agents sent, how you set up or used the service, what its features did on your instructions, or because you broke these terms or the law (for example by measuring without a lawful basis, or by load-testing a site that is not yours), you will compensate us for everything that claim costs us: damages, fines and penalties to the extent the law allows them to be passed on, settlements you agreed to, and reasonable legal costs, including lawyers’ fees. This does not apply to the extent the claim was caused by our own breach of these terms.

We will tell you about the claim promptly. You may take over its defence, at your own cost and with a lawyer we can reasonably accept, and we will help where we can, at your cost. Neither of us settles it in a way that admits fault for the other, or puts a duty on the other, without the other’s written agreement. If we tell you late, that reduces what you owe only by what the delay cost you.

12. No guarantee

The service, the agents, the tag and everything else we provide are provided as they are and as available. To the extent the law allows, we give no warranty and no guarantee of any kind, express or implied: not that they suit your purpose or work with your systems; not that they are uninterrupted, free of errors or vulnerabilities, secure against every attack, or exact; not that they detect every problem, attack or vulnerability; and not that a ticket or an alert is opened or delivered, or delivered in time — alerts travel through mail, chat and webhook services that are not ours. There is no service level, unless a licence agreed with you individually names one. Nothing we say in the documentation, on the blog, in a ticket or in a conversation is a guarantee unless such a licence calls it one.

We work to keep the service running and your data safe, and we take backups, but maintenance may make the service briefly unavailable. We may change, improve or remove features; if a change takes away something you rely on, we will tell you in advance where we reasonably can. Features marked as preview, beta or experimental, and anything we offer free, are there to be tried: they may change or go away, and come with no warranty at all.

If, despite this, the law gives you a claim because a service you paid for is defective, tell us in writing without delay, and at the latest 30 days after you discovered the defect; a defect reported later gives no such claim. We may then choose to fix it, offer a workaround, or — if we cannot do either within a reasonable time — end the licence and refund the fees you paid for the period after it ends. That is the remedy for a defect; damages are subject to section 15. Where the law gives you the defect rights of a consumer as a small or medium-sized enterprise acting outside your business, this paragraph does not limit those rights.

The service is a monitoring aid, not a safety system. Do not use it as the only safeguard where a missed or late alert could put people, health, critical infrastructure or significant assets at risk.

13. What a model or a scan says

Explanations, causes, answers and suggestions written by a language model, and vulnerability findings drawn from public databases, are aids to your judgement. They can be incomplete or wrong, and a finding can be missing. A command or a configuration change a model suggests is to be checked before it is run. Decisions you make from them, and anything you or the assistant do on your instructions, are yours to check and yours to answer for.

14. Other companies’ services

The service relies on services we do not control — hosting, mail delivery, the language model provider, sign-in providers, and the integrations you connect (such as Slack, Teams or Sentry). We are not responsible for their availability, their errors, or the terms on which they serve you, beyond choosing and instructing them with care; for what they do as people we engage, our liability is limited as section 15 says. This does not limit our responsibility to you, as your processor, for the sub-processors named in the privacy notice (Article 28(4) GDPR). The keys you give us for your integrations, and what those services charge you for what the service does on your behalf, are yours.

15. Liability

To the extent the law allows, we are not liable for indirect or consequential damage, lost profit, lost revenue, lost business, contracts or goodwill, the cost of substitute services, costs at your providers, or lost or corrupted data — however they arise from the service, from its use, or from its being unavailable.

Our total liability for all claims arising from the service and these terms — in contract, in tort or otherwise, together, and for your whole organisation — is limited to the fees you paid us in the twelve months before the event that gave rise to the first claim, or to EUR 500 if that is more. During the free trial, and in any other free use, it is EUR 500.

If a court finds that a limit in this section cannot apply to a claim — for example because the damage was caused by gross negligence — our liability for that claim is limited to three times the fees you paid us in the twelve months before the event, or to EUR 10,000 if that is more; in free use, to EUR 2,000.

Tell us about a claim in writing at info@obscenter.site within 30 days of when you became aware of the damage; we are not liable for damage that an earlier notice would have avoided or reduced. A claim against us expires one year after you became aware, or should have become aware, of the damage and of its cause, and at the latest two years after the event that gave rise to it, unless the law requires a longer period. You expressly agree to this shorter limitation period by accepting these terms.

Nothing in these terms limits or excludes liability for a breach committed intentionally, for harm to human life, body or health, or any other liability that cannot be limited by law.

Each limit in this section and in sections 7 to 14 stands on its own: if one of them does not apply to a claim, the others still do.

16. Events beyond our control

We are not responsible for a failure or delay caused by events beyond our reasonable control — such as a widespread outage of the internet or of a whole provider region, an attack on the service we could not reasonably prevent, a vulnerability in software made by others before a fix exists, a power failure, an act of an authority, war, a natural disaster or an epidemic — for as long as the event and its effects last.

17. Suspension

We may suspend an account, an organisation, a key, an agent or a feature at once, without liability for the suspension, where that is needed to protect the service, its other users, you or anybody else — for example because of anything section 5 does not allow, a security risk, a demand of an authority, or a fee still unpaid after a reminder. We tell you, unless that would defeat the purpose, and lift the suspension when its reason ends.

18. Changes to these terms

We may update these terms. We will announce material changes at least 14 days before they take effect, by email to account owners and on this page; a change required by law, or needed to close a security problem, may take effect sooner. A change does not raise a fee already agreed for a licence period. If you keep using the service after the change takes effect, the new terms apply; if you do not agree, you can close your account, and we refund any fee paid in advance for the period after you close it. A change to sections 7 to 19 that is less favourable to you applies to you only once you have expressly accepted it; until then the earlier text applies, and we may end the service for you as section 6 allows.

19. Law, courts, language, and the rest

These terms are governed by Hungarian law, without the UN Convention on Contracts for the International Sale of Goods. Disputes go exclusively before the Hungarian court competent for our seat or, while we are a natural person, our domicile. The contract is in English; a translation, if we give one, is for convenience, and the English text prevails.

We contract only on these terms and on a licence agreed with you individually: your own general terms, such as purchasing conditions, do not become part of the contract, even if you refer to them. If a provision turns out to be invalid or unenforceable, the rest stays in force, and the provision applies to the extent it is valid; otherwise it is replaced by a valid one that comes closest to its purpose. Not enforcing a right at once does not waive it; a waiver must be in writing. We send notices to the address of your organisation’s owner; an email counts as received on the working day after it was sent, unless it bounced.

You may not transfer the contract, or a right under it, without our written agreement. You agree in advance that we may transfer the contract to a company we establish to run the service, or to whoever takes the service over; the transfer takes effect when we tell you by email, and if you do not want to continue with the new party, you can then close your account.