These Terms of Service (“Terms”) govern your access to and use of the Site Monitering website monitoring platform, including our website, APIs, and related services (collectively, the “Service”). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 16 years old and have the legal capacity to enter into a binding agreement to use the Service. 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.
2. Account Registration
To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration, maintain the security of your password, accept responsibility for all activity under your account, and notify us immediately of any unauthorized access. We reserve the right to suspend or terminate accounts that violate these Terms.
3. Use of the Service
3.1 Permitted Use
The Service is provided for the purpose of monitoring the availability, performance, and SSL certificate status of websites and APIs that you own or have authorization to monitor.
3.2 Prohibited Use
You agree not to:
- Use the Service to monitor websites or services you do not own or have permission to monitor.
- Use the Service to conduct denial-of-service attacks, load testing, or any activity intended to disrupt third-party services.
- Attempt to gain unauthorized access to the Service, other users' accounts, or our infrastructure.
- Reverse engineer, decompile, or disassemble any part of the Service.
- Use the Service for any unlawful purpose or in violation of any applicable laws or regulations.
- Resell or redistribute the Service without our written consent.
- Use automated means to create accounts or circumvent rate limits.
4. Subscription Plans and Payments
4.1 Free and Paid Plans
The Service offers a free tier with limited features and paid subscription plans with enhanced capabilities. Features, limits, and pricing for each plan are described on our pricing page and may be updated from time to time.
4.2 Billing
Paid plans are billed on a recurring basis (monthly or annually) according to the billing cycle you select. Payments are processed through Razorpay. You authorize us to charge your payment method for all fees associated with your selected plan.
4.3 Cancellation and Refunds
You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. We do not provide refunds for partial billing periods. If you downgrade from a paid plan to the free tier, your access to paid features will continue until the end of your current billing cycle.
5. Service Level and Availability
We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance (we will provide advance notice when possible), unscheduled maintenance or emergency repairs, or factors beyond our reasonable control (force majeure events, third-party service outages). We will make reasonable efforts to minimize disruptions and communicate service status through our Status Page.
6. Data and Intellectual Property
6.1 Your Data
You retain ownership of all data you provide to the Service, including monitor configurations and monitoring results. We process your data solely to provide the Service and as described in our Privacy Policy.
6.2 Our Intellectual Property
The Service, including its design, code, features, and content, is owned by Site Monitering and protected by intellectual property laws. Your use of the Service does not grant you any ownership rights in the Service itself.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SITE MONITERING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
8. Indemnification
You agree to indemnify and hold harmless Site Monitering, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorney's fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.
9. Termination
We may suspend or terminate your access to the Service at any time for violation of these Terms, with or without notice depending on the severity of the violation. You may terminate your account at any time by contacting us or through your account settings. Upon termination, your right to use the Service ceases immediately. We will delete your data in accordance with our Privacy Policy.
10. Changes to These Terms
We may modify these Terms at any time. We will notify you of significant changes via email or a notice on the Service. Continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you disagree with the changes, you should stop using the Service and close your account.
11. Governing Law
These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved through binding arbitration or in the courts of competent jurisdiction.
12. Contact
If you have questions about these Terms, please contact us at legal@sitemonitoring.com or visit our Contact page.