Terms of Service

By clicking “Sign up”, taking an action to indicate acceptance, or using EdgeMQ’s products or services (the “Services”), you agree to this Terms of Service agreement (the “Agreement”) with EdgeMQ, Inc. (“EdgeMQ”, “we”, “us”, or “our”). If you are accepting 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 this Agreement, do not access or use the Services.

Note: This document is provided for convenience and should be reviewed by your legal counsel.

1. Definitions

2. Product Use, Restrictions, and Customer Obligations

2.1 Product Use

Subject to this Agreement and timely payment of Fees, EdgeMQ grants you a limited, nonexclusive, nontransferable, non‑sublicensable, revocable right to access and use the Services in accordance with the Documentation, solely for your internal business purposes.

2.2 Restrictions

• No copying, modifying, reverse engineering, or creating derivative works of the Services.
• No reselling, sublicensing, or distributing the Services, except as expressly permitted in writing.
• No use in violation of the Documentation, AUP, or applicable laws; no use to avoid Fees.
• No use to transmit, store, or process unlawful content or content for which you lack necessary rights or consents.
• No cryptocurrency mining or telecommunications carrier services without our prior written approval.
• No transmission, storage, or processing of health information regulated by HIPAA or payment card data regulated by PCI DSS unless expressly authorized in a separate written agreement (e.g., BAA or addendum).
• No transmission, storage, or processing of “special categories of personal data” under the GDPR unless permitted by law and agreed in writing.
• No actions that could harm the Services or others (e.g., denial of service, abuse of token buckets, bypassing backpressure).

2.3 Customer Obligations

• Maintain and secure your Account credentials; you are responsible for activities under your Account.
• Properly configure the Services (including S3 bucket permissions/prefixes) and safeguard Customer Content.
• Comply with the AUP and Documentation; ensure end users comply as well.
• Promptly notify us of any unauthorized access or use of your Account.
• Ensure that any S3 bucket(s) you configure are accessible for writes of segments and commit markers; EdgeMQ is not responsible for misconfiguration of your cloud environment.

2.4 Product Changes

We may change or discontinue the Services from time to time. For any removal of material functionality, we will use reasonable efforts to provide advance notice unless doing so creates security, legal, or technical risks.

3. Support

Support levels correspond to your plan (e.g., Starter: best‑effort; Pro: business hours; Enterprise: 24×7 with TAM if applicable). Support details may be further described on our Pricing page or in an order form.

4. Fees, Billing, Taxes, and Free Tier

• Billing unit: We meter uncompressed ingress bytes using HTTP Content-Length. You pay for the raw data you send; segments may be compressed (e.g., zstd) before shipping to your S3 to reduce storage costs.
• Plans & pricing: Fees, included usage, and plan features are described on our Pricing page. Unless otherwise agreed, usage and overage Fees are charged monthly in arrears to your payment method on file.
• Taxes: Fees are exclusive of taxes; you are responsible for applicable taxes.
• Non‑refundability: Except as required by law or expressly stated otherwise, all Fees are non‑refundable and non‑cancelable.

See Pricing for current plan details and SLAs: /pricing.

5. Service Levels; Scale‑to‑Zero Behavior

• SLA: If your plan includes an SLA (e.g., Pro 99.9%, Enterprise 99.99%), the SLA is as described in our Pricing/SLA materials or your order. Credits (if any) are your sole remedy for SLA claims.
• Scale‑to‑zero (Starter): To control costs, Starter may suspend compute after idle periods (e.g., ~5 minutes). The first request after idle may experience a brief wake time. For always‑on behavior, use a plan that keeps endpoints warm.

6. Intellectual Property

As between the parties, you retain all rights in Customer Content. EdgeMQ retains all rights in and to the Services and Documentation, including all related intellectual property. You grant EdgeMQ a limited, worldwide, nonexclusive, royalty‑free license to process Customer Content solely to provide the Services and Support, and to maintain, secure, and improve the Services (e.g., via aggregated/anonymous metrics).

7. Confidentiality and Security

Each party may receive non‑public information from the other that is identified as confidential or that a reasonable person would consider confidential (“Confidential Information”). Each party will use such information only to perform under this Agreement and will protect it with reasonable care. EdgeMQ implements administrative, physical, and technical safeguards designed to protect the Services and Customer Content. No system is completely secure; you acknowledge the inherent risks of internet transmission.

8. Data Processing and S3 Responsibilities

• S3 as system of record: The Services append to a local WAL, rotate to sealed segments, and ship objects to your designated S3 (or compatible) bucket(s) with commit markers. Your bucket is the durable system of record.
• Configuration: You are responsible for correctly configuring S3 access, lifecycle policies, encryption (e.g., SSE‑KMS), and retention to meet your requirements. EdgeMQ is not responsible for Customer’s S3 configuration errors or access denials.
• Processing roles: EdgeMQ acts as a processor of Customer Content to the extent applicable data protection laws require. Additional data processing terms may be provided where required by law.

9. Acceptable Use

You agree not to abuse the Services or use them in ways that pose risk to the platform or others, including excessive or malicious traffic patterns designed to evade quotas/backpressure, security testing without permission, or activities prohibited by law. EdgeMQ may suspend or throttle the Services to mitigate harm or enforce plan guardrails.

10. Beta Features

Beta Features are provided “as is” without warranties or SLA and may be changed or discontinued at any time. We may request feedback; you grant EdgeMQ the right to use feedback to improve the Services.

11. Suspension; Termination

• Suspension: We may suspend the Services (in whole or part) if: (a) required by law; (b) you breach this Agreement or AUP; (c) your use poses a risk to the Services or others; or (d) there are security or operational concerns.
• Termination: Either party may terminate for material breach if not cured within 30 days of written notice. We may terminate for convenience upon reasonable notice for Free Tier accounts.
• Effect: Upon termination, your right to access the Services ceases. We may retain minimal logs or data as required by law or for legitimate business purposes, subject to our Privacy Policy.

12. Warranties; Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, EDGEMQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. EDGEMQ DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR‑FREE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF USE, DATA, BUSINESS, REVENUE, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR YOUR PAYMENT OBLIGATIONS OR VIOLATIONS OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS, EACH PARTY’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID OR PAYABLE BY YOU TO EDGEMQ FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

14. Indemnification

• By EdgeMQ: We will defend and indemnify you from third‑party claims alleging that the Services, as provided by EdgeMQ, infringe a U.S. patent or copyright, subject to customary exclusions (e.g., combinations not supplied by EdgeMQ, unsupported uses, modifications, or continued use after notice).
• By Customer: You will defend and indemnify EdgeMQ and its Affiliates from third‑party claims arising from Customer Content, or use of the Services in violation of this Agreement, the AUP, or law.

15. General

• Governing Law; Venue: California law governs. The parties consent to exclusive jurisdiction and venue in the state and federal courts located in San Francisco, California.
• Export Compliance: You will comply with applicable export and sanctions laws. We may suspend or terminate if performance would violate such laws.
• Notices: Notices to EdgeMQ must be sent to the contact designated on our website; notices to you may be sent to your Account email.
• Assignment: Neither party may assign without the other’s consent, except to an Affiliate or in connection with a merger, acquisition, or sale of substantially all assets.
• Entire Agreement; Order of Precedence: This Agreement (and any order form) is the entire agreement regarding the Services. Conflicts between this Agreement and an order form are resolved by the order form, then this Agreement.
• Modifications: We may update this Agreement; material changes will be effective 30 days after posting unless required earlier by law or relating to new features/Free Tier, which may be effective immediately.
• Severability; No Waiver: If any provision is unenforceable, the remainder will remain in effect. Failure to enforce is not a waiver.
• No Agency: The parties are independent contractors; no agency, partnership, or joint venture is created.
• Equitable Relief: Either party may seek equitable relief for breach or threatened breach of confidentiality or IP rights.
• Force Majeure: Neither party is liable for delays or failures due to causes beyond reasonable control, excluding payment obligations.