1. Agreement and eligibility
These Terms of Use govern your access to elkutils.com and the hosted monitoring, telemetry, support, billing, and related services offered under the ELK Utilities name (the “Service”). By creating an account, checking the acceptance box, or using the Service, you agree to these Terms and acknowledge the Privacy Policy. If you use the Service for an organisation, you represent that you can bind that organisation.
You must be at least 18 years old and legally able to enter a contract. The Service is a website-based software-as-a-service offering. It is not distributed through the Apple App Store or Google Play, so mobile-store purchase, cancellation, and privacy terms do not apply.
2. Accounts and acceptable use
Provide accurate account information, protect your credentials and API keys, and promptly report suspected compromise. You are responsible for activity under your account and for ensuring that people you authorise comply with these Terms.
You must not:
- break the law, infringe another person’s rights, or use the Service to harass, deceive, or harm;
- probe, disrupt, overload, reverse engineer, or bypass security or tenant-isolation controls except under a written security-testing authorisation;
- submit malware, secrets you are not authorised to disclose, or content that violates privacy or intellectual-property rights;
- impersonate another person or publish fabricated testimonials, fake reviews, or misleading endorsements about ELK Utilities or anyone else;
- resell or provide the Service to third parties unless a written agreement permits it; or
- use automated access in a way that materially interferes with the Service.
ELK Utilities does not publish fake testimonials. If reviews, testimonials, or community submissions are offered in the future, users must describe genuine experiences and disclose material incentives or relationships. We may remove content or suspend activity that violates these rules.
3. Monitoring and customer data
The Service receives telemetry and configuration needed to monitor systems you connect. Telemetry is tenant-scoped and access is restricted by account and infrastructure controls. There is no public customer file-upload bucket. ELK Utilities keeps deployment secrets out of public source repositories and does not ask you to commit secrets to Git.
You retain rights in data you submit or connect to the Service. You grant ELK Utilities a limited licence to host, process, transmit, display, and secure that data only as needed to provide, maintain, support, and improve the Service and comply with law. You confirm that you have the rights and notices required to supply the data, including any personal data contained in logs or metrics.
Monitoring is best effort. Internet failures, upstream APIs, customer configuration, maintenance, and third-party systems may delay or omit signals. Unless a separate written agreement expressly provides a service-level agreement, the Service has no guaranteed uptime, response time, data retention period, alert delivery time, or error-detection coverage. Alerts and dashboards should not be your only safety, security, financial, or operational control.
4. Support and artificial intelligence
Support chat may use artificial intelligence to classify requests, retrieve documentation, draft responses, and assist troubleshooting. Your support inputs and relevant account or telemetry context may be sent to third-party large-language-model providers and observability tools as described in the Privacy Policy. AI-generated responses can be incomplete or wrong; verify commands and recommendations before using them in production.
You are interacting with an automated system when an AI-assisted response is provided. AI is not used by ELK Utilities to make legal, credit, employment, insurance, housing, or similarly significant eligibility decisions about you. Human support may review conversations for assistance, safety, quality, and abuse prevention. Do not submit unnecessary sensitive personal information, passwords, private keys, or regulated data in support chat.
The Service is not an emergency or crisis service. If you or someone else may be in immediate danger, contact local emergency services. In the United States, call or text 988. Elsewhere, find local crisis resources at https://www.iasp.info/suicidalthoughts/. Automated safety responses are informational and are not a substitute for qualified care.
5. Plans, charges, renewals, and taxes
Prices, billing intervals, included usage, and plan features are shown before purchase. By starting a paid subscription, you authorise recurring charges through Stripe using the payment method associated with your account. Charges are due in the displayed currency and may include applicable taxes. Except where law requires otherwise or the checkout states otherwise, fees already paid are non-refundable.
Subscriptions renew automatically until cancelled. ELK Utilities will send a renewal reminder to the account email 3–7 calendar days before each recurring charge. You are responsible for keeping that email address current. The reminder does not change the renewal date or suspend a charge.
6. Click-to-Cancel
You may cancel a recurring subscription through the Stripe customer portal linked from your account billing or profile area. Cancellation is available online, is not harder than signing up, and does not require contacting support. Follow the portal confirmation steps before the next renewal. Unless the portal states otherwise, cancellation stops future renewals and access continues through the paid billing period. Deleting an account does not by itself guarantee cancellation of an active subscription; use the Stripe portal first.
7. Privacy, consent, and deletion
The Privacy Policy explains the categories of data collected, legal bases, cookies and consent choices, AI processing, third parties, retention, and rights under laws including the GDPR and CCPA. Where consent is required, such as for optional analytics cookies, you may grant or decline it through the site controls and later withdraw it. Withdrawal does not affect processing already lawfully completed.
You may request account deletion and exercise a right to erasure or “right to be forgotten” through available account controls or the contact channel on elkutils.com. Subject to identity verification and legal exceptions, ELK Utilities will delete or de-identify account data and tenant resources. Limited records may remain where needed for tax, payment, fraud prevention, security, dispute, or legal obligations. See the Privacy Policy for details.
8. Third-party services
The Service relies on providers and components that may include Stripe for billing; Mailgun for email; Google Tag Manager and Google Analytics for consented analytics; third-party LLM providers for AI-assisted support; Langfuse for AI tracing and quality observability; Chatwoot for support chat; Cloudflare for delivery and security when enabled; Grafana for tenant dashboards; and Kubernetes infrastructure operated by the ELK Utilities operator. Their availability and processing may be governed by their own terms and privacy notices.
ELK Utilities is not responsible for third-party services outside its control. We may replace providers while maintaining materially equivalent safeguards and will update disclosures when required.
9. Disclaimers
To the maximum extent permitted by law, the Service is provided “as is” and “as available.” ELK Utilities disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. We do not warrant that every incident, vulnerability, outage, or configuration problem will be detected, or that AI and support output will be accurate.
Nothing in these Terms excludes a warranty or consumer right that cannot lawfully be excluded.
10. Limitation of liability
To the maximum extent permitted by law, ELK Utilities and its operators, affiliates, and suppliers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, data, goodwill, or business interruption, arising from the Service.
The total aggregate liability for all claims arising out of or relating to the Service will not exceed the greater of the fees you paid to ELK Utilities during the 12 months before the event giving rise to the claim or US$100. This limit applies regardless of legal theory and even if a remedy fails of its essential purpose. It does not limit liability that applicable law does not allow to be limited.
11. Governing law and disputes
These Terms are governed by the laws of the jurisdiction of the ELK Utilities operator’s principal place of business, without regard to conflict-of-law rules. Courts located in that jurisdiction will have exclusive venue, except where mandatory consumer law allows you to bring a claim elsewhere. Before filing a claim, each party should give the other a reasonable opportunity to resolve the dispute informally.
12. Changes, language, and contact
We may update these Terms to reflect Service, legal, security, or provider changes. We will post the revised date and provide additional notice when required. Continued use after an update becomes effective constitutes acceptance where permitted by law; if you do not agree, stop using and cancel the Service.
English is the primary and controlling version of these Terms. Translations are provided for convenience; where law permits and versions conflict, the English version controls.
Questions, legal notices, and rights requests may be submitted through the contact channel published on elkutils.com.