Terms of Service

Last Updated: November 7, 2024

1. Introduction

Welcome to Uptime Monitor ("we," "our," "us"). These Terms of Service ("Terms") govern your access to and use of our website located at https://uptime-monitor.io ("Site") and any related services ("Service"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Service.

2. Acceptance of Terms

By creating an account, accessing, or using our Service, you affirm that you are at least 18 years old and capable of entering into a legally binding agreement. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Changes to Terms

We may modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on our Site. Your continued use of the Service after such changes constitutes your acceptance of the new Terms. We encourage you to review the Terms periodically for any updates.

4. Account Registration and Responsibilities

4.1. Account Creation

To access certain features of the Service, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate.

4.2. Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4.3. Account Termination

We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Service, us, or third parties, or for any other reason.

5. Use of the Service

5.1. Permitted Use

Uptime Monitor provides tools to monitor the uptime and performance of websites and services. You may use the Service for lawful purposes only and in accordance with these Terms.

5.2. Prohibited Activities

You agree not to:

  • Use the Service for any illegal or unauthorized purpose.
  • Interfere with or disrupt the integrity or performance of the Service.
  • Attempt to gain unauthorized access to any portion of the Service.
  • Use automated means to access the Service without our prior written permission.
  • Reproduce, duplicate, copy, sell, or otherwise exploit any portion of the Service without express written permission.

6. Subscription Plans and Payment

6.1. Subscription Plans

We offer various subscription plans and paid features with different functionalities and pricing. Details of available plans and features are provided on our Site and may be updated from time to time. Our free plan includes basic features, while paid plans unlock a range of advanced functionalities.

6.2. Payment Terms

  • Billing Cycle: Subscriptions are billed in advance on a monthly or annual basis, depending on the selected plan.
  • Payment Methods: We use Stripe for payment processing. Stripe handles all payment transactions and provides subscription details to Uptime Monitor's servers.
  • Price Changes: We reserve the right to modify the fees for our Service at any time. We will notify you of any changes in pricing at least 30 days prior to the new rates taking effect.

6.3. Refund Policy

All sales are final. We do not offer refunds.

7. Free Plan

We offer a free plan with limited features by default. This free plan provides access to basic functionalities of the Service without any cost. There are no free trials available at this time.

8. Intellectual Property

8.1. Ownership

All content, trademarks, service marks, logos, and intellectual property displayed on the Site are the property of Uptime Monitor or their respective owners. You are granted a limited, non-exclusive, non-transferable license to access and use the Service for your personal or internal business purposes.

8.2. Restrictions

You may not:

  • Modify, distribute, or create derivative works based on the Service.
  • Reverse engineer, decompile, or disassemble any part of the Service.
  • Use our trademarks or logos without prior written consent.

9. User Content

9.1. Responsibility

You are solely responsible for any data, information, or content you upload, submit, or otherwise make available through the Service ("User Content"). You retain ownership of your User Content.

9.2. License Grant

By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your User Content solely for the purpose of providing the Service.

9.3. Prohibited Content

You agree not to upload any User Content that:

  • Infringes on any third-party rights.
  • Is unlawful, harmful, or offensive.
  • Contains viruses or other malicious components.

10. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. We aim to support GDPR compliance, including the removal of all customer data from our main database upon account deletion. However, some data may remain in Stripe's dashboard and our ClickHouse database, where it is anonymized using IDs instead of personal information.

11. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach the Terms. Upon termination, your right to use the Service will cease immediately.

12. Disclaimer of Warranties

The Service is provided "as is" and "as available" without any warranties of any kind, whether express or implied. We disclaim all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of Liability

To the fullest extent permitted by law, Uptime Monitor shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your use or inability to use the Service.
  • Any unauthorized access to or use of our servers and/or any personal information stored therein.
  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party.

14. Indemnification

You agree to defend, indemnify, and hold harmless Uptime Monitor, CodeMatters LLC, and their affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, County of Kings (Brooklyn), USA, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Kings County, New York, for the resolution of any disputes.

16. Dispute Resolution

16.1. Arbitration

Any disputes arising out of or related to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association then in effect.

16.2. Class Action Waiver

You agree that any arbitration under these Terms will be conducted on an individual basis and not as a class, collective, or representative action.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in full effect.

18. Entire Agreement

These Terms constitute the entire agreement between you and Uptime Monitor regarding your use of the Service and supersede all prior and contemporaneous agreements, proposals, or communications, whether oral or written.

19. Contact Information

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

Email: hi@uptime-monitor.io