Terms of Service

1. Introduction

Welcome to Saleae. Please read these Terms of Service (“Agreement”) and our Privacy Policy carefully before using our Service. By accessing or using the Service, you agree to be bound by this Agreement and our Privacy Policy.

2. Definitions

The following definitions apply throughout this Agreement:

• “Saleae” refers to Saleae, Inc., the company, its Site, its Service, or a combination thereof, depending on context.
• “Service” refers to the services we provide through our Site, including the Site itself.
• “Site” refers to our website, www.saleae.com.
• “User” refers to anyone who uses our Service, including customers and general visitors to our Site.
• “You” refers to you, the person who is governed by this Agreement.

3. Description of Service

Saleae designs and manufactures logic analyzers and mixed-signal oscilloscopes (electronic test equipment). We sell to engineering students and professors, hobbyists, professional engineers, and businesses. Our Site also provides support resources and allows Users to download our software. The software may be used for evaluation (demo mode) or with our products, but it may not be modified, reverse-engineered, or used with unauthorized clones of our products.

4. Eligibility

In order to use our Service, you must meet the following conditions:

• You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Saleae, and yourself. For example, if the Office of Foreign Assets Control (OFAC) prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
• You must be the minimum age required to enter into a contract in the area in which you reside, and in any event must not be less than 18 years of age.
• You must provide us with personal information and other information that we deem necessary to provide you with our Service.

5. Nature of Service

The Service is provided on an “as-is” basis. You agree that you are solely responsible for determining whether the use of our Service is appropriate for your needs, and to hold Saleae harmless for any loss which may arise from or relate to your use of the Service.

6. Acceptable Use

You must not:

• Violate the laws of the United States, its states, or any foreign jurisdiction having authority over this Agreement.
• Post or transmit any content that is violent, threatening, pornographic, racist, hateful, or otherwise objectionable as determined by Saleae.
• Infringe on any party’s intellectual property rights, defame any person, impersonate any person, or otherwise violate the rights of a third party.
• Attempt to gain unauthorized access to, disrupt, or compromise the security or integrity of the Site, Service, or any User’s systems.
• Use our software with unauthorized clones of our products.
• Engage in any conduct that could bring Saleae into disrepute or violate the rights of any person.

7. Export Controls

Our products and software may be subject to U.S. export control laws and regulations, including the Export Administration Regulations (EAR). You agree not to export, re-export, or transfer our products or software in violation of applicable export control laws. You represent that you are not located in, or a national or resident of, any country subject to U.S. trade sanctions, and that you are not on any U.S. government restricted party list.

8. Payment, Refunds, and Shipping

We accept payments through Shopify Payments. Accepted methods may include credit and debit cards, Apple Pay, Google Pay, Shop Pay, and other payment options supported by Shopify. Prices are displayed in the local currency for your region, as determined by your location.

Saleae offers a full refund, including shipping costs, for returns within 180 days of the date of purchase. We also provide a 3-year replacement warranty for all our products — we will replace them at no cost regardless of the failure cause, and we cover shipping. However, you agree to release Saleae from any liability relating to damage to other equipment arising from the use of our products.

We ship via UPS, FedEx, and Parcelforce depending on your region. Availability is listed by item at the time of purchase. When an item is in stock, orders generally ship same business day. Users receive a shipping confirmation including a tracking number when their order ships. For full details, see our Shipping Policy.

9. Our Intellectual Property

All content on the Site, including text, graphics, logos, images, software, and other materials, is the property of Saleae, Inc. or its licensors and is protected by copyright, trademark, and other intellectual property laws. You agree not to copy, distribute, display, or otherwise reproduce any content from the Site without our prior written permission.

10. User-Submitted Content

By submitting any content to our Service (including but not limited to photographs, videos, text, audio, and other materials), you grant us a non-exclusive, worldwide, perpetual, irrevocable, sublicensable right to use, distribute, publish, and otherwise make use of that content. You warrant that you have the right to grant this license, and you agree to indemnify us for any loss resulting from a breach of this warranty.

11. Trademarks

“Saleae” and the Saleae logo are registered trademarks of Saleae, Inc. (U.S. Patent and Trademark Office Registration Number 4,382,678). You agree not to use these marks or our trade dress without our prior written consent. You agree not to copy the look and feel of our Service or its design without our prior written consent.

12. Revocation of Consent

We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. If we make such a request, you must take immediate action to cease any such usage.

13. Disclaimer of Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “DISCLAIMER OF WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of our officers, employees, or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SALEAE’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE EXCEED THE AMOUNT YOU PAID TO SALEAE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL SALEAE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, EVEN IF SALEAE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. Indemnification

You agree to indemnify, defend, and hold Saleae harmless from any claims by you or any third party which may arise from or relate to this Agreement or your use of the Service, including any damages caused by your use of our Service. You agree that this indemnity extends to our reasonable attorneys’ fees, court costs, and disbursements. In the event of such a claim, we may elect to settle with the claiming party, and you shall be liable for the settlement amount as though we had proceeded to trial.

16. Governing Law

This Agreement shall be governed by the laws of the State of California, without regard to its conflict of laws provisions. The offer and acceptance of this Agreement are deemed to have occurred in the State of California.

17. Dispute Resolution

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of California. Where the subject matter of a dispute is eligible, you agree that any disputes shall be heard within the Small Claims Court of the State of California (“Small Claims Court”).

If a dispute involves multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.

If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead bring your claim within the Small Claims Court.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

18. Force Majeure

We are not responsible for any failure to perform our obligations under this Agreement if such failure results from events beyond our reasonable control, including but not limited to acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our reasonable control.

19. Severability

If any provision of this Agreement is found to be unlawful, conflicting with another provision, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision. If two or more provisions of this Agreement are deemed to conflict, Saleae shall have the sole right to elect which provision remains in force.

20. Non-Waiver

Saleae reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision of this Agreement should not be construed as our waiver of the right to enforce that provision under the same or different circumstances at any time in the future.

21. Termination

We may terminate your access to our Site and Service at our discretion, though we will strive to provide a timely explanation in most cases. Our liability for refunding you will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except where termination was due to your breach of this Agreement, in which case no refund is required.

Under no circumstances, including termination of our Service to you, will we be liable for any losses related to the actions of other Users.

22. Assignment

You may not assign your rights or obligations under this Agreement to any other party without our prior written consent. We may assign our rights or obligations under this Agreement to any other party at our discretion, including in connection with a sale, merger, or reorganization of our company.

23. Amendments

We may amend this Agreement from time to time. When we do, we will update this page and revise the “Last updated” date. Your continued use of the Service after any amendment constitutes your acceptance of the revised terms.

24. California Users and Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Saleae must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to [email protected].

California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

25. Contact

If you have any questions about these Terms of Service, please contact us at [email protected] or write to us at 408 N Canal Street, Suite A, South San Francisco, CA, 94080, US.