UptimeCard Terms of Service
1. Terms
By accessing the websites at uptimecard.com, studio.uptimecard.com, and status.uptimecard.com (collectively referred to as "UptimeCard"), you agree to be bound by these terms of service, all applicable laws, and regulations. You are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing UptimeCard. The materials contained on the websites are protected by applicable copyright and trademark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on UptimeCard's websites for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
- Modify or copy the materials.
- Use the materials for any commercial purpose or public display (commercial or non-commercial).
- Attempt to decompile or reverse engineer any software contained on UptimeCard's websites.
- Remove any copyright or other proprietary notations from the materials.
- Transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by UptimeCard at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
The materials on UptimeCard's websites are provided on an 'as is' basis. UptimeCard makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, UptimeCard does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its websites or otherwise relating to such materials or on any sites linked to these sites.
4. Limitations
In no event shall UptimeCard or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on UptimeCard's websites, even if UptimeCard or a UptimeCard authorized representative has been notified orally or in writing of the possibility of such damage. Some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages; these limitations may not apply to you.
5. Accuracy of Materials
The materials appearing on UptimeCard's websites could include technical, typographical, or photographic errors. UptimeCard does not warrant that any of the materials on its websites are accurate, complete, or current. UptimeCard may make changes to the materials contained on its websites at any time without notice. However, UptimeCard does not make any commitment to update the materials.
6. Links
UptimeCard has not reviewed all of the sites linked to its websites and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by UptimeCard of the site. Use of any such linked website is at the user's own risk.
7. Modifications
UptimeCard may revise these terms of service for its websites at any time without notice. By using these websites, you agree to be bound by the then current version of these terms of service.
8. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Romania, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
9. Privacy Policy
Your use of the websites is also governed by our Privacy Policy, which can be found at https://uptimecard.com/privacy.
10. Account Responsibility
If you create an account on studio.uptimecard.com, you are responsible for maintaining the security of your account and any monitors you add. You are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must notify UptimeCard immediately of any unauthorized uses of your account or any other breaches of security. UptimeCard 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.
11. Services Provided
UptimeCard allows you to create and manage monitors via studio.uptimecard.com and visualize data from these monitors. The data from these monitors may be visualized by other users on uptimecard.com. The services provided include, but are not limited to, uptime monitoring, performance insights, and technology usage analysis.
12. Payment and Refund Policy
Certain features on UptimeCard may require payment. All payments are processed through secure payment gateways. If you are unhappy with the service within your first month, we will offer a full refund of the subscription. Please contact our support department in such a case.
13. Termination
UptimeCard may terminate your access to all or any part of the websites at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your UptimeCard account (if you have one), you may simply discontinue using the websites. 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.
14. Disclaimer of Warranties
The websites are provided "as is". UptimeCard 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 UptimeCard nor its suppliers and licensors, make any warranty that the websites 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 websites at your own discretion and risk.
15. Limitation of Liability
In no event will UptimeCard, 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 UptimeCard under this agreement during the twelve (12) month period prior to the cause of action. UptimeCard 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.
16. General Representation and Warranty
You represent and warrant that (i) your use of the websites will be in strict accordance with the UptimeCard 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 area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the websites will not infringe or misappropriate the intellectual property rights of any third party.
17. Indemnification
You agree to indemnify and hold harmless UptimeCard, 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 websites, including but not limited to your violation of this Agreement.
18. Miscellaneous
This Agreement constitutes the entire agreement between UptimeCard and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of UptimeCard, or by the posting by UptimeCard of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the websites will be governed by the laws of the United States. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; UptimeCard 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.
19. Sharability and Public Data
19.1 Monitors
UptimeCard allows users to create and manage monitors to track the uptime and performance of their websites. While data related to these monitors may be aggregated and visualized publicly on uptimecard.com, individual monitor data is not explicitly attributed to specific monitors or users unless the user has chosen to make such data public.
19.2 Uptime Cards
UptimeCard offers a feature called 'uptime cards', which are designed for users who wish to publicly showcase the uptime and performance of their websites. By creating an uptime card, you agree to make the data associated with this uptime card publicly accessible. This includes, but is not limited to, uptime statistics, performance insights, and other relevant metrics.
19.2.1 Ownership Verification
Users are required to verify ownership of the domain or website associated with an uptime card. UptimeCard reserves the right to request proof of ownership and to remove any uptime card that is found to be associated with a domain or website that the user does not own or control.
19.2.2 Public Transparency
The primary purpose of uptime cards is to provide transparency and to allow users to publicly demonstrate the performance and reliability of their websites. As such, data associated with uptime cards is made available to the public and may be shared freely. By creating an uptime card, you acknowledge and agree that the data will be publicly accessible and that UptimeCard has no obligation to keep this data confidential.
19.2.3 Content Restrictions
Users are prohibited from creating uptime cards for websites that contain or promote:
- Pornographic or sexually explicit material
- Graphic violence or gore
- Illegal drugs or substances
- Excessive alcohol consumption or alcohol abuse
- Hate speech, discrimination, or extremist ideologies
- Any illegal activities or content
- Content that violates intellectual property rights
- Any other material that UptimeCard, in its sole discretion, deems harmful, offensive, or inappropriate for its platform
UptimeCard reserves the right to remove any uptime card that violates these content restrictions without prior notice. Repeated violations may result in the termination of the user's account.
19.3 User Responsibility
You are solely responsible for any data you choose to share publicly, whether through uptime cards or other means. Ensure that you have the right to share any data and that it does not violate any third-party rights, applicable laws, or the content restrictions outlined in section 19.2.3.
19.4 Data Aggregation and Use
UptimeCard may aggregate and anonymize data from monitors and uptime cards for the purpose of providing insights, statistics, and trends on the overall performance and uptime of websites. This aggregated data may be used for research, marketing, and improvement of UptimeCard's services.
20. Service Interruptions and Terminations
UptimeCard reserves the right to manage and maintain the quality and reliability of its services. This includes the following provisions:
20.1 Monitor Management
UptimeCard reserves the right to pause or stop monitors that are consistently down for extended periods. This measure is implemented to maintain the overall efficiency of our monitoring services and to prevent unnecessary resource consumption.
20.2 Uptime Card Removal
UptimeCard may delete uptime cards associated with websites that have been down for a significant period, approximately 7000 minutes (about 5 days) or more. This action is taken because:
- Persistently offline uptime cards may present misleading information to users and visitors of UptimeCard.
- One of the primary purposes of an uptime card is to showcase a website's reliability. A website that is consistently unavailable does not align with this purpose.
- Maintaining uptime cards for non-responsive websites consumes resources that could be better allocated to active and responsive websites.
20.3 Notification and Action Process
UptimeCard may, at its discretion, notify users via their registered email address before taking action to pause, stop, or delete a monitor or uptime card. However, UptimeCard reserves the right to take immediate action without prior notification if deemed necessary. Users may be given an opportunity to address the issue or appeal the decision, but UptimeCard is not obligated to provide this opportunity in all cases.
20.4 Reinstatement
Users may request reinstatement of their monitors or uptime cards once they have resolved the issues leading to the service interruption or termination. UptimeCard reserves the right to approve or deny such requests based on the circumstances and the user's history.
20.5 No Refunds
No refunds will be issued for any unused portion of the service term in the event of service interruptions or terminations resulting from violations of these terms.
UptimeCard maintains these policies to ensure the integrity and reliability of our platform for all users. We appreciate your understanding and cooperation in maintaining a high-quality service for our community.
If you have any questions about these Terms, please contact us at support@uptimecard.com.