Terms of Service

By accessing or using Norixion's platform, API, agent software, or any related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

If you do not agree to these Terms, you may not access or use the Services. We reserve the right to update these Terms at any time; continued use of the Services following notice of changes constitutes acceptance of the revised Terms.

Norixion provides infrastructure observability, orchestration, and reliability tooling for software engineering teams. Our Services include:

- A cloud-hosted control plane accessible via the Norixion dashboard
- The Norixion agent, an open-source software component you deploy in your environment
- APIs for programmatic access to platform functionality
- Documentation, support, and related professional services

Specific capabilities available to you depend on the plan you have subscribed to.

To use the Services, you must register for an account. You agree to:

- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Keep your password secure and not share it with others
- Notify us immediately of any unauthorised access to your account
- Be responsible for all activities that occur under your account

You may not create accounts for others without their permission, use false information, or register multiple accounts for the purpose of circumventing usage limits.

You agree to use the Services only for lawful purposes and in accordance with these Terms. You may not:

- Use the Services to store, transmit, or process data in violation of applicable laws or regulations
- Reverse engineer, decompile, or attempt to extract the source code of proprietary portions of the Services
- Use the Services to develop a competing product without our express written consent
- Attempt to probe, scan, or test the vulnerability of our systems
- Introduce malicious code, viruses, or other harmful components
- Use the Services in a manner that could damage, disable, overburden, or impair our infrastructure
- Resell or sublicense access to the Services without our written permission
- Remove or alter any proprietary notices or labels on the Services

Your use of the Services is also governed by our Privacy Policy, incorporated herein by reference. By using the Services, you consent to our collection and use of data as described in that policy.

Your data: You retain ownership of all data, telemetry, traces, logs, and other content you submit to the Services ("Customer Data"). You grant Norixion a limited licence to process Customer Data solely to provide the Services to you.

Data processing: To the extent the Services involve processing personal data subject to GDPR or other data protection laws, the parties agree to enter into a Data Processing Agreement (DPA) available at norixion.io/dpa. Our standard DPA is incorporated by reference for customers in applicable jurisdictions.

Anonymised data: Norixion may use aggregated, anonymised, and de-identified data derived from Customer Data to improve its products and services, provided such data cannot reasonably be used to identify you or your users.

Norixion IP: The Services, including all software, interfaces, text, graphics, and other content provided by Norixion, are owned by Norixion or its licensors and protected by intellectual property laws. Nothing in these Terms transfers ownership of any Norixion IP to you.

Open-source components: Certain components of the Norixion agent and tooling are released under open-source licences. Your use of those components is governed by the applicable open-source licence, which takes precedence over these Terms with respect to those components.

Feedback: If you submit suggestions, feedback, or feature requests regarding the Services, you grant Norixion a royalty-free, worldwide, irrevocable licence to use and incorporate such feedback without restriction or compensation to you.

Free tier: We offer a free tier subject to usage limits described on our pricing page. We may modify free tier limits with 30 days' notice.

Paid plans: Paid subscriptions are billed in advance on a monthly or annual cycle. All fees are non-refundable except as required by law or expressly stated in these Terms.

Overages: If your usage exceeds your plan's included limits, we will notify you and charge overages at the rates described on our pricing page.

Taxes: Fees are exclusive of all taxes and duties. You are responsible for paying all applicable taxes.

Failed payments: If a payment fails, we will notify you and provide a grace period to update your payment method. We reserve the right to suspend Services for non-payment after reasonable notice.

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Services that is designated as confidential or that should reasonably be understood to be confidential ("Confidential Information"). Obligations of confidentiality do not apply to information that: (i) is or becomes publicly known through no breach of these Terms; (ii) was independently developed without use of the other party's Confidential Information; or (iii) is required to be disclosed by law.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, NORIXION DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NORIXION, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NORIXION'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO NORIXION IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED US DOLLARS ($100).

You agree to indemnify, defend, and hold harmless Norixion and its affiliates from any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorney's fees) arising out of or relating to your violation of these Terms, your use of the Services, or your violation of any third-party rights.

Term: These Terms are effective from the date you first access the Services and continue until terminated.

Termination by you: You may terminate your account at any time through the account settings or by contacting support.

Termination by Norixion: We may suspend or terminate your account immediately for material breach of these Terms, non-payment, or if we reasonably believe continued access poses a security or legal risk.

Effect of termination: Upon termination, your right to access the Services ceases. Customer Data will be retained for 30 days following termination, after which it will be permanently deleted. You may request an export of your data before the 30-day period expires.

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration under the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction to prevent irreparable harm.

Class action waiver: You agree that any arbitration will be conducted in your individual capacity only, not as a class action or other representative proceeding.

Entire agreement: These Terms, together with our Privacy Policy and any order forms or service agreements, constitute the entire agreement between you and Norixion regarding the Services.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force.

Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.

Assignment: You may not assign these Terms or your rights hereunder without our prior written consent. Norixion may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

Notices: Legal notices to Norixion should be sent to legal@norixion.io.

If you have questions about these Terms, please contact us:

Norixion, Inc.
Legal Team
legal@norixion.io