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Terms of Service

Last Updated: November 2024

Please read these Terms of Service ("Terms") carefully before using TrackDowntime (the "Service") operated by TrackDowntime ("we," "us," or "our").

1. Acceptance of Terms

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

2. Description of Service

TrackDowntime is a website uptime monitoring service that:

  • Monitors website availability and performance
  • Sends alerts when downtime is detected
  • Provides analytics and reporting on site uptime
  • Offers integrations with various notification channels

3. Account Registration

To use our Service, you must:

  • Be at least 18 years old or have parental consent
  • Provide accurate, current, and complete information
  • Maintain the security of your account credentials
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized access

You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account.

4. Subscription Plans and Billing

Free Trial

We offer a free trial period for new users. During the trial period, you may use the Service with limited features. The trial automatically converts to a paid subscription unless cancelled before the trial ends.

Paid Subscriptions

  • Subscription fees are billed in advance on a monthly or yearly basis
  • Prices are stated in USD and are subject to change with 30 days' notice
  • All fees are non-refundable except as required by law
  • You authorize us to charge your payment method for the subscription fee
  • If payment fails, we may suspend or terminate your access to the Service

Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. You will continue to have access to paid features until the end of your billing period.

Refunds

We do not provide refunds for partial billing periods or unused portions of subscriptions, except as required by law.

5. Site Limits and Usage

Subscription plans have specific limits on the number of sites you can monitor and the check interval frequency. You agree to:

  • Not exceed the site limits of your plan
  • Not attempt to circumvent or bypass these limits
  • Use the Service only for legitimate monitoring purposes

We reserve the right to suspend or terminate accounts that violate these limits or use the Service inappropriately.

6. Acceptable Use

You agree not to:

  • Use the Service for any illegal purpose or in violation of any laws
  • Monitor websites you do not own or have authorization to monitor
  • Use the Service to harass, abuse, or harm others
  • Attempt to gain unauthorized access to the Service or related systems
  • Interfere with or disrupt the Service or servers
  • Use automated systems (bots, scrapers) to access the Service without permission
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Transmit viruses, malware, or any malicious code
  • Use the Service to send spam or unsolicited communications

7. Intellectual Property

Our Rights

The Service and its original content, features, and functionality are owned by TrackDowntime and are protected by international copyright, trademark, and other intellectual property laws.

Your Rights

You retain ownership of any data you submit to the Service. By using the Service, you grant us a license to use, store, and process your data solely for the purpose of providing the Service.

8. Monitoring and Alerts

While we strive to provide accurate and timely monitoring, we do not guarantee:

  • 100% uptime detection accuracy
  • Immediate notification of all downtime events
  • That monitoring checks will occur exactly at specified intervals
  • That all notification channels will always be operational

You acknowledge that monitoring is provided "as is" and may be subject to delays, inaccuracies, or failures.

9. Third-Party Integrations

Our Service may integrate with third-party services (e.g., Slack, PagerDuty, webhooks). We are not responsible for:

  • The availability, accuracy, or performance of third-party services
  • Any actions or inactions of third-party service providers
  • Any data loss or security breaches in third-party services

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND
  • WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM

11. Indemnification

You agree to indemnify and hold harmless TrackDowntime, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content or data you submit through the Service

12. Termination

By You

You may terminate your account at any time by canceling your subscription and deleting your account through the Service interface.

By Us

We may suspend or terminate your access to the Service immediately, without prior notice, if:

  • You violate these Terms
  • You engage in fraudulent, illegal, or harmful activity
  • You fail to pay subscription fees
  • We are required to do so by law
  • We discontinue the Service

Upon termination:

  • Your right to use the Service will immediately cease
  • We may delete your account and data
  • You will not be entitled to any refunds

13. Data Backup and Export

You are responsible for backing up your monitoring data. We recommend regularly exporting your configuration and incident history. We are not liable for any data loss resulting from account termination or Service discontinuation.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on our website
  • Sending an email to the address associated with your account
  • Displaying a notice in the Service

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Service shall be resolved through:

  1. Good faith negotiation
  2. Binding arbitration (if negotiation fails)
  3. Courts of competent jurisdiction (for matters not subject to arbitration)

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TrackDowntime regarding the use of the Service and supersede all prior agreements.

18. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

19. Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms without restriction.

20. Contact Information

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

21. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor strikes, or internet service disruptions.