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    OllyGarden, Inc. Terms of Service

    Last Updated: July 2, 2025

    Agreement Overview

    If you signed a separate Cover Page to access the Product with the same account, and that agreement has not ended, the terms below do not apply to you. Instead, your separate Cover Page applies to your use of the Product.

    This Agreement is between OllyGarden, Inc. and the company or person accessing or using the Product. This Agreement consists of: (1) the Order Form below and (2) the Framework Terms defined below.

    If you are accessing or using the Product on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company. By signing up, accessing, or using the Product, Customer indicates its acceptance of this Agreement and agrees to be bound by the terms and conditions of this Agreement.

    Cover Page

    Order Form

    Framework Terms: This Order Form incorporates and is governed by the Framework Terms that are made up of the Key Terms below and the Common Paper Cloud Service Agreement Standard Terms Version 2.1 (see here), which are incorporated by reference. Any modifications to the Standard Terms made in the Cover Page will control over conflicts with the Standard Terms. Capitalized words have the meanings given in the Cover Page or the Standard Terms.

    Service Details

    Cloud Service: OllyGarden Insights is a B2B Software-as-a-Service (SaaS) platform designed to help Observability Engineers assess and improve the quality of their organization's OpenTelemetry instrumentation across traces, metrics, and logs.
    Order Date: The Effective Date
    Subscription Period: 1 month(s)

    Cloud Service Fees

    Certain parts of the Product have different pricing plans, which are available at the Provider's pricing page. Customer will pay Provider the applicable Fees based on the Product tier and Customer's usage. Provider may update Product pricing by giving at least 30 days notice to Customer (including by email or notification within the Product), and the change will apply in the next Subscription Period. Modifying Section 5.1, fees are inclusive of taxes.

    Payment Process

    Automatic payment: Customer authorizes Provider to bill and charge Customer's payment method on file Monthly for immediate payment or deduction without further approval.

    Non-Renewal Notice Period: At least 30 days before the end of the current Subscription Period.

    Service Limitations & Support

    Use Limitations: The insights platform will accept up to 1000 data points per second.
    Technical Support: For support, customers should email their requests to support@ollygarden.com. Additionally, OllyGarden provides comprehensive technical assistance including onboarding and implementation support to ensure a smooth experience.

    Service Level Agreement (SLA)

    Provider will use commercially reasonable efforts to provide and maintain the Cloud Service without excessive errors and interruptions. If Provider does not meet the SLA in two consecutive months or over three months in any 12-month period, then Customer may, as its only remedy, terminate this Order Form upon notice and receive a prorated refund of prepaid fees for the remainder of the Subscription Period.

    Key Terms

    Customer: The company or person who accesses or uses the Product. If the person accepting this Agreement is doing so on behalf of a company, all use of the word "Customer" in the Agreement will mean that company.
    Provider: OllyGarden, Inc.
    Effective Date: The date Customer first accepts this Agreement.
    Governing Law: The laws of the State of Delaware
    Chosen Courts: The state or federal courts located in Delaware

    Covered Claims

    Provider Covered Claims: Any action, proceeding, or claim that the Cloud Service, when used by Customer according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else's intellectual property or other proprietary rights.
    Customer Covered Claims: Any action, proceeding, or claim that (1) the Customer Content, when used according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else's intellectual property or other proprietary rights; or (2) results from Customer's breach or alleged breach of Section 2.1 (Restrictions on Customer).

    General Cap Amount

    The fees paid or payable by Customer to provider in the 12 month period immediately before the claim

    Notice Address

    For Provider: notices@ollygarden.com

    For Customer: The main email address on Customer's account

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