o11y.ai Preview Customer Agreement

Last Updated: August 2025

Introduction

Welcome to the o11y.ai Preview Program. This Preview Customer Agreement (the "Agreement") governs your participation in the o11y.ai preview ("Service"). By accessing or using the Service, you agree to the terms below.

1. Eligibility

  • Access is limited to small startups with GitHub-hosted code.
  • You must be at least 13 years old (or the minimum legal age in your jurisdiction).
  • If you register on behalf of an organization, you confirm you are authorized to bind it.

2. Nature of Preview Service

  • o11y.ai is provided as a preview/beta service on an "as-is" and "as-available" basis.
  • Features may change, be suspended, or discontinued at any time without notice.
  • We disclaim all warranties, including fitness for a particular purpose, merchantability, and non-infringement.

3. Data Privacy & Handling

We process limited personal and project-related data to operate and improve the Service. This may include:
  • GitHub repository metadata, instrumentation logs, and prompts.
  • Diagnostic and usage analytics.
  • Voluntary feedback and communications.
Data is retained only as long as needed for the Service, then securely deleted or anonymized.
  • We do not sell personal data.
  • Data may be shared only with service providers under contract, or if required by law.
  • We implement safeguards to reduce risks of unauthorized access, but cannot guarantee absolute security.

4. Ownership & Responsibility

  • You retain full ownership of your source code.
  • o11y.ai does not claim intellectual property rights to your code or repositories.
  • You are solely responsible for how you use generated insights, including compliance with licensing obligations, security policies, and legal requirements.

5. Acceptable Use

You may not use o11y.ai to:
  • Break the law or infringe on others' rights.
  • Attempt to reverse engineer, extract, or misuse our models or data.
  • Generate malicious, deceptive, or harmful activities.

6. Feedback

Any suggestions, bug reports, or feedback you provide may be used by o11y.ai freely to improve our services, without obligation to compensate you.

7. Limitation of Liability

To the maximum extent permitted by law, o11y.ai shall not be liable for any damages arising out of your use of the Service. If liability cannot be fully disclaimed under applicable law, our total liability shall not exceed the amount you paid for the Service (which is $0 during the preview).

8. Termination

We may suspend or terminate your access at any time for violation of this Agreement. You may stop using the Service at any time.

9. Governing Law & Dispute Resolution

This Agreement is governed by the laws of the State of California, without regard to conflicts of law. Any disputes shall be resolved by binding arbitration in San Mateo County, California.

10. Privacy Policy

This Agreement incorporates the o11y.ai Privacy Policy. We collect and process account information, repository metadata, usage data, and feedback. We use this data to operate, troubleshoot, and improve the Service, communicate updates, and comply with legal obligations.
  • We do not sell personal data.
  • Data is retained for the duration of the preview program (generally less than one year), with certain records retained for up to 7 years to comply with legal requirements.
  • We implement safeguards but cannot guarantee absolute security.
  • Depending on your location, you may have rights to access, correct, delete, or port your data, and to opt out of certain uses.
To exercise rights, contact us at hello@observeinc.com.

11. Contact Us

If you have any questions or concerns about this Agreement or Privacy Policy, please contact us:
📧 hello@observeinc.com 📍 San Mateo, CA