1. The Service
ByteShift provides a multi-tenant, AI-first observability platform that ingests your telemetry over OpenTelemetry and connected integrations, and exposes it through the console, the Ask assistant, and an MCP server. Subject to these Terms, we grant you a non-exclusive, non-transferable right to access and use the Service during your subscription for your internal business purposes.
Accounts and authorized users
You must provide accurate registration information and keep your credentials secure. You are responsible for the acts and omissions of your authorized users and for all activity under your account. Access is scoped to your organization; you must not attempt to reach another organization's data.
2. Acceptable use
The rules in this section keep the platform safe, reliable, and lawful for everyone. They apply to your authorized users and to any agents or automated clients you connect. We may suspend or restrict access that violates them or that poses a security or operational risk.
Prohibited activities
You must not use the Service to:
- Break the law, or infringe or misappropriate anyone's rights.
- Access, probe, or interfere with data or accounts that are not yours, including attempts to defeat organization scoping or tenancy isolation.
- Upload or transmit malware, or content that is unlawful, defamatory, harassing, or that violates privacy rights.
- Send telemetry or content that you do not have the right to send, or that contains sensitive categories of data prohibited by your plan or the law without a lawful basis.
- Reverse engineer, decompile, or attempt to extract source code, models, or trade secrets.
- Resell, sublicense, or provide the Service to a third party except as expressly permitted.
Platform integrity
- Do not overload, degrade, or disrupt the Service, including its ingest endpoints, APIs, or MCP server, or circumvent rate limits, quotas, or usage protections.
- Do not use automated means to generate excessive load, or ingest volumes materially beyond your plan without arrangement.
- Do not probe or scan the Service for vulnerabilities except under the coordinated disclosure process described on the Security page.
Automated and agent use
The Service exposes tools to AI agents over MCP. When you connect an agent, you remain responsible for its actions as if they were your own. Write actions must run under an identity your organization admits, destructive operations should be confirmed by a person, and agent access must not be used to bypass these rules. To report a violation, email security@byteshift.com.
3. Fees and payment
Paid plans are billed according to the pricing and billing terms presented when you subscribe. Fees are stated exclusive of taxes, which you are responsible for. Except where required by law or expressly stated, payments are non-refundable. We may change pricing on renewal with prior notice. Free tiers and trials may be modified or discontinued.
4. Your data
As between the parties, you own all telemetry, configuration, and other content you submit (“Customer Data”). You grant us the rights needed to host, process, and display Customer Data to provide the Service and to maintain and improve it. Our handling of personal information within Customer Data is governed by the Data Processing Addendum. You are responsible for the lawfulness of Customer Data and for having the rights to send it to us.
We may collect and use aggregated, de-identified usage and operational data that does not identify you or any individual to operate, secure, and improve the Service.
5. Intellectual property
We and our licensors own the Service, including all software, models, and documentation, and all related intellectual property rights. These Terms grant you no rights other than the limited right to use the Service. If you give us feedback or suggestions, you grant us a perpetual, royalty-free license to use them without restriction.
6. Third-party services
The Service integrates with third-party products you choose to connect. Your use of those products is governed by their own terms, and we are not responsible for them. You are responsible for maintaining any credentials or drains you configure with a third party, and for retiring them if you stop using the Service.
7. Confidentiality
Each party may receive confidential information from the other. The receiving party will use it only to perform under these Terms and will protect it with at least reasonable care. This does not apply to information that is public, independently developed, or rightfully received from another source without a duty of confidentiality.
8. Warranties and disclaimer
Each party represents that it has the authority to enter these Terms. Except as expressly stated, the Service is provided “as is” and “as available,” and we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that any finding, inference, or answer it produces is complete or accurate.
9. Indemnification
You will defend and indemnify us against third-party claims arising from your Customer Data or your use of the Service in breach of these Terms. We will defend and indemnify you against third-party claims that the Service, as provided by us, infringes that third party's intellectual property rights, subject to the limitations below.
10. Limitation of liability
To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Each party's total aggregate liability arising out of these Terms is limited to the amounts you paid us for the Service in the twelve months before the event giving rise to the claim. These limits do not apply to your payment obligations or to a party's indemnification obligations.
11. Term and termination
These Terms apply while you use the Service. Either party may terminate for material breach not cured within 30 days of notice. You may stop using the Service at any time. On termination, your right to use the Service ends; we will make Customer Data available for export for a limited period and then delete it in the ordinary course. Sections that by their nature should survive termination will survive.
12. Changes to the Service and Terms
We may update the Service and these Terms. For material changes to these Terms we will provide notice, for example by email or in the console. Your continued use after the changes take effect constitutes acceptance.
13. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. The parties will attempt in good faith to resolve disputes informally before pursuing formal proceedings. Any claim must be brought within one year of the event giving rise to it, except where a longer period is required by law.
14. General
These Terms, together with the policies referenced in them, are the entire agreement between the parties on this subject. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger or sale. If a provision is unenforceable, the rest remains in effect. Neither party is liable for delays caused by events beyond its reasonable control.
15. Contact
Questions about these Terms? Email legal@byteshift.com.