Terms of Service
The terms and conditions outlined in this document govern the use of all UptimeRadar products, including the Web App and iOS/Android mobile apps, as well as all content, services, and products available through the website or mobile apps. By using any part of the products, you agree to be bound by the terms and conditions outlined in this Agreement, including any operating rules, policies, and procedures that may be published by UptimeRadar from time to time, such as the Privacy Policy. Please read this Agreement carefully before accessing or using the products. If you do not agree to all the terms and conditions of this agreement, you may not access the products or use any services. If UptimeRadar offers the products, acceptance is limited to these terms. UptimeRadar reserves the right to modify these terms or any additional terms that apply to the products. Any changes will take effect immediately and will be noted in the Changelog at the end of these Terms of Service. They may also apply retroactively to all existing users. If you fail to comply with these terms, and UptimeRadar does not take immediate action, this does not mean that we have forfeited any rights we may have to take action in the future. If any of these terms and conditions are deemed invalid or void, the remaining terms and conditions will still be in effect. The section titles in the TOS are for convenience only and do not have any legal or contractual effect. 1. Account and Site Responsibility. As a user of the UptimeRadar products, you are responsible for maintaining the security of your account, including your e-mail, password, and API keys. You are also responsible for all activities that occur under your account and any actions taken in connection with it. You must not use misleading or unlawful keywords to describe your account, and UptimeRadar reserves the right to remove any keywords that it considers inappropriate or unlawful, or that may cause UptimeRadar liability. If you suspect any unauthorized use of your account or any security breaches, you must immediately notify UptimeRadar. UptimeRadar will not be liable for any actions or omissions by you, including any damages incurred as a result. 2. Responsibility of Contributors. As a user of the products, you are entirely responsible for: - Providing valid user data, such as e-mail, name, etc. - Not using the website for any illegal or abusive activity. - Securing your account e-mail, password or api keys. - Having only a single account. UptimeRadar has the right, but not the obligation, to refuse or remove any content that it believes violates any UptimeRadar policy or is harmful or objectionable, and to terminate or deny access to the products for any reason, at its sole discretion. UptimeRadar will not be obligated to provide a refund for any amounts previously paid. 3. Services Offered. UptimeRadar provides automatic monitoring of the monitors defined by the user at user-defined intervals. In the event of a detected downtime, it can notify user-defined contacts through various methods, such as e-mail, SMS, mobile push messages, etc. A Premium PRO Plan is available for purchase, which includes 1-minute monitoring of monitors and/or the ability to monitor more than 10 monitors, as well as SMS notifications. This plan also includes an unlimited number of status pages using a unique UptimeRadar URL with the option of using a custom domain protected by an SSL certificate issued by Let’s Encrypt. The free plan includes only 1 status page with a unique UptimeRadar URL. UptimeRadar shall not be held liable for any inaccuracies or errors in the data and statistics provided through the system. The information provided is intended for general reference only and should not be relied upon as a substitute for professional advice. The use of the service is strictly limited to uptime monitoring and any attempts to utilize it for any other purpose will not be tolerated. Using the service for any other purpose is prohibited. We reserve the right to pause monitors on our system in the following cases: - The user who owns the monitor has not logged into his account for more than 6 months; - The monitor does not have any event notification method selected; - The monitor has been down for over a week and/or the site response time is over 30 seconds. - When the monitored URL is proven not to be your property. Using the website widget reveals the uptime of your site as well as an address for more detailed statistics. If you want this data not to be public, do not use the site plugin and keep its code a secret. We are not responsible if we cannot monitor a certain site because its hosting provider blocks our bot. It is the user's responsibility to speak with their hosting provider's support to whitelist our IP addresses. 4. Payment and Renewal Terms. Optional paid services, such as extra monitors, lower intervals, or SMS messages, are available on the UptimeRadar products (referred to as "Upgrades"). By selecting an Upgrade, you agree to pay UptimeRadar the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay 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. For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged or credited the new prorated amount for the current payment period and the new rate will apply on your next billing cycle. UptimeRadar reserves the right to change the payment terms and fees. UptimeRadar can be used with any operating system (including mobile) that can run a modern browser (Firefox, Google Chrome, Microsoft Edge, Safari). Purchasing Process To purchase services from UptimeRadar, follow these steps: - Log in to the products - Select the desired Premium Plan or the number of SMS messages - Complete the payment using a credit card, debit card, or PayPal - UptimeRadar will send a confirmation email that the purchased service is ready to use Payments will be processed by Stripe.com or PayPal Pte. Ltd. (PayPal.com). Automatic Renewal: Unless you notify UptimeRadar before the end of the current subscription period that you want to cancel the Upgrade, your subscription will automatically renew and you authorize UptimeRadar to collect the then-applicable annual or monthly subscription fee for the Upgrade (as well as any taxes) using any credit card or other payment method on file. Upgrades can be canceled at any time in the "My Settings" section of the site's dashboard. Refund Policy: You may terminate your subscription to the Upgrade at any time and will not be responsible for any additional fees for future subscription renewal periods. However, any subscription fees that were paid in advance will not be refunded unless the cancellation is requested within 7 days of the initial payment. Payments made in the last 7 days are eligible for a refund. 5. Delivery Policy: Upon receipt of your order, UptimeRadar will perform the services in accordance with the terms and conditions of the purchased services. The timing of the services may vary based on the nature of the services and the date of purchase. The services will be considered successfully delivered once they have been performed. 6. Intellectual Property: This Agreement does not transfer any intellectual property rights from UptimeRadar to you. UptimeRadar retains all rights, title, and interest in and to its own and any third-party intellectual property. UptimeRadar, the UptimeRadar logo, and all other trademarks, service marks, graphics, and logos used in connection with UptimeRadar or the products are trademarks of UptimeRadar or its licensors. Any other trademarks, service marks, graphics, and logos used in connection with the products may be the trademarks of other third parties. Your use of the products does not grant you any rights or licenses to reproduce or use any UptimeRadar or third-party trademarks. 7. Advertisements: UptimeRadar reserves the right to display advertisements on your account, unless you have purchased a Pro account. 8. Changes to the Agreement. UptimeRadar reserves the right to modify or replace any part of this Agreement at its sole discretion. It is your responsibility to periodically review this Agreement for any changes. Your continued use of the products following any changes to the Agreement constitutes acceptance of those changes. UptimeRadar may also offer new services and features through the products in the future, which will be subject to the terms and conditions of this Agreement. 9. Termination of Access. UptimeRadar may terminate your access to all or any part of the products at any time without notice or cause. If you wish to terminate this Agreement or your UptimeRadar account, you may simply stop using the products. Any provisions of this Agreement that should survive termination by their nature will survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity and limitations of liability. 10. Disclaimer of Warranties. The products are provided "as is" and UptimeRadar and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. UptimeRadar and its suppliers and licensors do not warrant that the products will be error-free or that access to them will be continuous or uninterrupted. You understand that you access, download, or use the products at your own discretion and risk. 11. Limitation of Liability. UptimeRadar, its suppliers, and licensors will not be held liable for any damages or losses arising from this agreement, including but not limited to: (i) special, incidental, or consequential damages; (ii) costs associated with procuring substitute products or services; (iii) interruption of use or loss or corruption of data; or (iv) any amounts exceeding the fees paid by you to UptimeRadar in the 12 months prior to the cause of action. This limitation of liability shall not apply if prohibited by applicable law. UptimeRadar will not be held responsible for any delays caused by factors outside of their reasonable control. 12. General Representation and Warranty. You represent and warrant that your use of the products will comply with UptimeRadar's Privacy Policy, this Agreement, and all applicable laws and regulations, and that your use of the products will not infringe or misappropriate the intellectual property rights of any third party. 13. Indemnification. You agree to indemnify and hold harmless UptimeRadar, its contractors, and licensors, and their respective directors, officers, employees, and agents from any claims, expenses, including attorney's fees, arising from your use of the products, including any violation of this Agreement. 14. Prohibited Resale and Redistribution of Services. You are prohibited from reproducing, duplicating, copying, selling, trading, reselling, modifying, creating derivative works or exploiting for any commercial purposes any portion of the use of UptimeRadar's services or access to the products or product code, unless explicitly authorized by UptimeRadar. If you wish to use UptimeRadar for commercial purposes, please contact us directly to discuss a custom deal. Purchasing for Another Account. You may purchase any of UptimeRadar's products for another account, but the billing details and invoices will be stored under the upgraded account. Consequences of Non-Compliance. If you do not comply with these terms or UptimeRadar has reasonable grounds to suspect non-compliance, UptimeRadar 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 will not be eligible for any refund. 15. The Affiliate Program at UptimeRadar allows authorized partners to earn commissions for successfully referring new users to the platform. As an affiliate, you agree to adhere to the terms and conditions outlined in this Agreement. Commissions will be paid on a monthly basis, however, payouts can only be requested once the minimum threshold has been met. UptimeRadar reserves the right to postpone payments until at least two different users have been referred and upgraded to a paid plan. Payments will be made through PayPal only and will only be sent for transactions that have been completed successfully. Any transactions resulting in chargebacks or refunds will not be eligible for payout. UptimeRadar reserves the right to terminate any affiliate account at any time for violations of the affiliate rules or for any other reason. The company will not be liable for any indirect or accidental damages, such as loss of revenue or commissions, resulting from affiliate tracking failures or harm to the program or website. UptimeRadar makes no expressed or implied warranties regarding the program, memberships or products, and will not be held liable for any errors or interruptions in the program's operation. Additionally, referrals generated through unsolicited email spam will not be counted and may lead to the termination of your affiliate account. 16. Contacting UptimeRadar. You may contact UptimeRadar by email for any inquiries or assistance. By communicating with UptimeRadar, you grant us the right to use any ideas, information, designs or other material contained in your communication, unless you have obtained prior written consent from UptimeRadar. Please note that you should not share any commercially sensitive information about your operations with UptimeRadar. Also, please be aware that any communication via email is not a secure or guaranteed medium, and UptimeRadar will only consider an email to be received if a manually created response is sent. All discussions over email should be considered informal and non-binding unless explicitly stated otherwise by UptimeRadar. Any suggestions or references to changes in past, present or future contractual terms made by UptimeRadar should be considered speculative until confirmed in writing by UptimeRadar. 17. It is strictly prohibited to create or use more than one account in order to bypass the limitations of a free account. Any attempts to do so will be considered a violation of our terms of service and may result in the termination of all accounts involved. We take account abuse seriously and will not tolerate any attempts to circumvent our system in this manner. We kindly remind you that each user is entitled to only one account, and creating multiple accounts will be considered as a violation of our terms of service. 18. Miscellaneous. This Agreement is the entire agreement between UptimeRadar and you regarding the subject matter herein. It may only be modified by a written amendment signed by an authorized executive of UptimeRadar or by UptimeRadar posting a revised version. Unless applicable law provides otherwise, this Agreement and any access to or use of the products will be governed by the laws of Malta and any disputes will be resolved in the District Court of Sliema. You may assign your rights under this Agreement to any party that consents to and agrees to be bound by its terms and conditions. UptimeRadar may assign its rights under this Agreement without condition and it will be binding and inure to the benefit of both parties, their successors, and permitted assigns.
Privacy Policy
1. Privacy and Information 1.1. Confidentiality 1.1.1. Definition of Confidential Information “Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information of each party includes business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. 1.1.2. Exceptions Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third-party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party. 1.1.3. Protection of Confidential Information As between the parties, each party retains all ownership rights in and to its Confidential Information. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care). Each party may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under these Terms of Service, and each party may disclose the other party’s Confidential Information in any legal proceeding or to a governmental entity as required by law. Notwithstanding the foregoing, we may disclose any applicable information to a subcontractor or Third-party Developer to the extent necessary to perform our obligations. 1.1.4. Compelled Disclosure The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to that Confidential Information. 1.2. Privacy UptimeRadar provides a variety of uptime monitoring products and related services to its international customer base. It is our policy to respect and protect our customers’ privacy. This privacy section begins applying to visitors and Users as soon as they visit our Site. 1.2.1. Anonymity We have chosen Bitcoin as our main and only payment method as to guarantee your privacy is protected. The only personal information we need and collect is an email address, which we use to contact you regarding your account (support, billing, etc.) and support-related purposes. We do not require you to enter any personal details. 1.2.2. Website Visitors We collect non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request, for the purpose to better understand how our visitors use its website. 1.2.3. Gathering of Personally-Identifying Information The nature of some cases requires to gather personally-identifying information. The amount and type of information that we gathers depends on the nature of the interaction. In each case, UptimeRadar collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction. UptimeRadar does not disclose personally-identifying information other than as described below. 1.2.4. Protection of Certain Personally-Identifying Information UptimeRadar discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on UptimeRadar’s behalf or to provide services available to UptimeRadar’s users, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country. By using UptimeRadar’s products and services, you consent to the transfer of such information to them. UptimeRadar will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, UptimeRadar discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request. 1.2.5. Marketing e-mails If you have supplied your email address and you have given your explicit consent, we may occasionally send you an email to tell you about new products or services, solicit your feedback, inform you of an outage or interruption in service, or just keep you up to date with what’s going on with our products and services. We primarily use our blog, forums, Twitter, Facebook account, and similar presences to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or through our billing system), we reserve the right to publish it (with personally identifiable information removed as necessary) in order to help us clarify or respond to your request or to help us support other customers. 1.2.6. Cookies A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. UptimeRadar uses cookies to help identify and track visitors, their usage of the website, and their website access preferences. Visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using our website or using its products or services, with the drawback that certain features of the websites, products, and services may not function properly without the aid of cookies. 1.2.7. Uptime Widget Our website widget is not based on scripts, but on plain images. Images are cached as static files on CDN servers worldwide. Thus, they are not loaded from a central location and cannot be used for tracking. Only statistical information on the total number of requests is collected. The widget does not and cannot change the code of your site in any way. Does not send redundant HTTP headers. It does not set tracking cookies. Its single purpose is to show your users the reliability of your site. This data is only visible to users if you want it to be visible by placing the code on your site.