Terms of service — PostHog

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• Cloud binding on signup Report an error

  “By signing up to, creating an account, using or otherwise accessing PostHog Cloud, you and any entity that you represent ("Customer", "you" or "your") are unconditionally consenting to be bound by and are becoming a party to these Terms of Service”

• Foss separate terms Report an error

  “Separate terms for users of PostHog Free and Open Source Software ("PostHog FOSS") can be found here: https://github.com/PostHog/posthog-foss/blob/master/LICENSE.”

• Terms updatable Report an error

  “These Terms may be updated from time to time at our discretion. Subject to the terms herein, Customer’s use or continued use of the Licensed Materials also constitutes Customer’s ongoing and continued assent to the terms of this Agreement.”

• Summary nonbinding Report an error

  “The following is not legally binding. It is a summary of PostHog's terms. Please read the full terms of service and don't rely on 140 characters of "terms" at a time.”

• License scope Report an error

  “PostHog hereby grants to Customer and its Affiliates (as defined below) a limited, non-exclusive, non-transferable, non-sublicensable and revocable (as provided herein) right”

• Modifications owned by posthog Report an error

  “Customer agrees that PostHog and/or its licensors (as applicable) shall retain all right, title and interest in and to all Software incorporated in such modifications and/or patches”

• Channels Report an error

  “PostHog will use commercially reasonable efforts to respond to support inquiries submitted via Slack, email or in-app chat. The number of support questions is not limited, provided that Customer’s use of support is reasonable”

• Suspension after nonresponse Report an error

  “PostHog may terminate or suspend its support obligations to Customer with respect to such Support Issue upon fifteen (15) days’ written notice if Customer does not cure such noncompliance within such notice period.”

• Prohibited uses Report an error

  “use the Licensed Materials for the purpose of monitoring their availability, performance, or functionality for benchmarking or competitive analysis, or publicly disclose the results of any benchmarking or performance testing of the Licensed Materials without PostHog’s prior written consent”

• High risk use prohibited Report an error

  “use the Licensed Materials in connection with any high-risk or strict liability activity in which the failure of the Licensed Materials could lead to death, personal injury, or severe environmental damage (including, without limitation, space travel, firefighting, police operations, power plant operation, military operations, air traffic control, rescue operations, emergency medical services, hospitals, life-support systems or similar activities)”

• Export sanctions restriction Report an error

  “access or use the Licensed Materials from jurisdictions subject to comprehensive U.S. export embargoes or in violation of applicable export control or sanctions laws”

• Audit rights Report an error

  “PostHog shall bear the cost of an audit unless the audit reveals underpayment by more than 5% for the audited period, in which case Customer shall promptly pay PostHog for the reasonable costs of the audit.”

• Confidentiality survival Report an error

  “The obligations of this Section 3.2 will survive termination or expiration of this Agreement for a period of one (1) year; provided, however, that with respect to Proprietary Information constituting a trade secret under applicable law, such obligations will survive for so long as such information remains a trade secret.”

• Usage data separate Report an error

  “PostHog may collect and use technical logs, telemetry, metadata, and other information relating to Customer’s use of the Licensed Materials (the "Usage Data") for any lawful purpose, including operating, maintaining, improving, testing, securing, and supporting the Licensed Materials. Usage Data does not include Customer Content.”

• Model training optout Report an error

  “Customer Content may be used for Product and Model Development unless (a) otherwise agreed to between Customer and PostHog or (b) Customer has opted out through the applicable service settings within the Licensed Materials and/or product or services interface; PostHog will honor any such agreement or election on a prospective basis.”

• No third party model training Report an error

  “PostHog will not permit third parties to use Customer Content to train their machine learning models. Any use of Customer Content for Product and Model Development will be solely for PostHog’s products, services, and internal models.”

• Derived data deidentified Report an error

  “Where Customer Content is used for Product and Model Development, PostHog will aggregate or de-identify such data so that it cannot reasonably be used to identify Customer, its Users, or any individual”

• Prepaid credits Report an error

  “Unless otherwise agreed in writing, Prepaid Credits are non-refundable and expire twelve (12) months from the date of purchase.”

• Usage based billing Report an error

  “Unless otherwise specified in an Order Form, Fees are based on Customer’s actual usage of the Licensed Materials.”

• Fee increase notice Report an error

  “PostHog may increase Fees or introduce new charges at the end of the Initial Credit Term (as defined below) or any then-current renewal term upon thirty (30) days’ prior notice to Customer, which may be sent via email or through the services interface or otherwise at PostHog's discretion.”

• Billing dispute window Report an error

  “If Customer believes that PostHog has billed incorrectly, Customer must notify PostHog no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.”

• Late payment terms Report an error

  “Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection, and may result in immediate termination of access to the Licensed Materials.”

• Taxes customer responsibility Report an error

  “Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature”

• Separate terms notice for self hosting Report an error

  “(See our separate terms if you’re self-hosting the open source edition.)”

• Third party hosting not disclosure Report an error

  “the use of a third party to host the data collected by PostHog pursuant to this Agreement shall not be deemed a disclosure under this Section 3.”

• Entity terms binding Report an error

  “If you are executing, entering into or otherwise accepting the terms of this Agreement on behalf of a company, organization, or other legal entity (each, an "Entity"), you hereby represent that you have full legal authority to bind that Entity to this Agreement”

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