The following terms and conditions govern all use of the UptimeBuddy website (uptimebuddy.io) and all content, services, and products available at or through the website, including, but not limited to, our website monitoring service, mobile applications, and API (taken together, the "Services"). The Services are owned and operated by UptimeBuddy ("UptimeBuddy", "we", or "us"). The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by UptimeBuddy (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the Services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Services or use any services. If these terms and conditions are considered an offer by UptimeBuddy, acceptance is expressly limited to these terms.

1. Your UptimeBuddy Account

If you create an account on the Services, you are responsible for maintaining the security of your account (email used, password, or API keys) and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not use UptimeBuddy services in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and UptimeBuddy may change or remove any content that it considers inappropriate or unlawful, or otherwise likely to cause UptimeBuddy liability. You must immediately notify UptimeBuddy of any unauthorized uses of your account or any other breaches of security. UptimeBuddy will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors

By using the Services, you are entirely responsible for:

• Providing valid user data (email, name, etc.)
• Not using the Website for any illegal or abusive activity
• Securing any email, password or API keys of your account
• Only having a single account

UptimeBuddy has the right (though not the obligation) to, in UptimeBuddy's sole discretion (i) refuse or remove any content (monitors) that, in UptimeBuddy's reasonable opinion, violates any UptimeBuddy policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason, in UptimeBuddy's sole discretion. UptimeBuddy will have no obligation to provide a refund of any amounts previously paid.

3. Services Provided

UptimeBuddy automatically checks the monitors defined by you in user-defined intervals. And, once a downtime is detected, it can notify the "user-defined contacts" with various methods (like email, SMS, mobile push messages, etc.). The monitoring methods include:

• HTTP(s)/website monitoring
• Keyword monitoring (checking the existence or non-existence of a given keyword on a web page)
• Response time monitoring
• SSL certificate monitoring
• Status pages (showcase your uptime to your customers)

An optional paid plan with faster checking of monitors (typically 30-second intervals) and/or the ability to check more than the free plan limit of monitors and SMS message credits (for getting SMS notifications) can be purchased.

Paid plans based on the plan tier may include a specific number of status pages defined in the pricing and may include an option of using a custom domain. Free plan includes limited monitoring capabilities.

Permitted Use of UptimeBuddy Free Plan

The UptimeBuddy Free Plan is intended solely for personal, non-commercial use. This plan is designed for users who seek basic uptime monitoring services for personal use, personal websites, personal projects, or other non-commercial applications. Use of the Free Plan for any commercial purpose, including but not limited to business, institutional, or revenue-generating activities, is strictly prohibited.

Disclaimer of Commercial Use

Any commercial use of the Free Plan without an appropriate commercial subscription constitutes a violation of these terms. Unauthorized commercial use may result in the suspension or termination of the user's access to UptimeBuddy's services.

4. Payment and Renewal

General Terms

Optional paid services such as extra monitors, shorter monitor intervals, or extra SMS message credits are available on the Services (any such service is considered an "Upgrade"). By selecting an Upgrade you agree to pay UptimeBuddy the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-paid basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.

In the case of standalone SMS message credit packages, there is a one-time pre-paid payment with the possibility of auto-refill to trigger when your credit balance gets low. For any plan upgrade, the payment method that you provided will be charged or credited the new prorated amount for the current payment period upon your request.

Automatic Renewal

Unless you notify UptimeBuddy before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the My Settings section of your dashboard.

Refunds

You may terminate your subscription to the Upgrade at any time and you will not be obligated to pay any additional fees for upcoming subscription renewal periods. However, any subscription fees you have paid in advance will not be refunded unless there has been 10 days or less since the payment. For payments made in the last 10 days or less, only those payments are refundable.

5. Intellectual Property

This Agreement does not transfer from UptimeBuddy to you any UptimeBuddy or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with UptimeBuddy. UptimeBuddy, the UptimeBuddy logo, and all other trademarks, service marks, graphics and logos used in connection with UptimeBuddy, or the Services are trademarks or registered trademarks of UptimeBuddy or UptimeBuddy's licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any UptimeBuddy or third-party trademarks.

6. Changes

UptimeBuddy reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. UptimeBuddy may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

7. Termination

UptimeBuddy may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your UptimeBuddy account, you may simply discontinue using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8. Disclaimer of Warranties

The Services are provided "as they are". UptimeBuddy and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither UptimeBuddy nor its suppliers and licensors make any warranty that the Services will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.

9. Limitation of Liability

In no event will UptimeBuddy, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to UptimeBuddy under this agreement during the twelve (12) month period prior to the cause of action. UptimeBuddy shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

10. General Representation and Warranty

You represent and warrant that (i) your use of the Services will be in strict accordance with the UptimeBuddy Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental areas, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.

11. Indemnification

You agree to indemnify and hold harmless UptimeBuddy, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.

12. No Resale or Redistribution of Service

Except as expressly authorized by UptimeBuddy, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of the use of the Services, or access to the Services.

If you do not comply with this, or UptimeBuddy has reasonable grounds to suspect that you do not comply with this, UptimeBuddy has the right to suspend or terminate your subscription and refuse any and all current or future use of the service (or any portion thereof). In this case, you are not eligible for any refund.

13. Contacting UptimeBuddy

UptimeBuddy may be contacted by email at [email protected]. By contacting UptimeBuddy, you grant UptimeBuddy a worldwide, non-exclusive perpetual right to any ideas, information, designs or other material contained in any communication, except when you have obtained prior written agreement from UptimeBuddy.

14. Miscellaneous

This Agreement constitutes the entire agreement between UptimeBuddy and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of UptimeBuddy, or by the posting by UptimeBuddy of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Services will be governed by the laws of the jurisdiction in which UptimeBuddy is based, without regard to conflict of law provisions. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; UptimeBuddy may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.