Termos e condições

This English version is a courtesy translation; the German version is binding.

1. Scope and provider

These terms and conditions apply to the use of the online service Uptime, including the website, the application programming interface (API) and alerts. The provider is:

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Customers’ own terms do not apply. The contract language is German; translations are for information only.

2. Services

• Uptime checks at regular intervals whether the targets you entered are reachable: websites and APIs over HTTP(S), TCP ports, servers via ping, and domain resolution (DNS).
• Checks run from our servers. Results reflect their view and may differ from availability seen from other networks.
• When an outage starts and when it ends, we notify you through the channels you set up (currently e-mail and webhook).
• In addition there are history and statistics, teams with roles and an API with your own keys. The exact scope of each plan is shown in the plan overview on the website.
• We keep developing the service and may change features where this is reasonable for you, in particular where the core of the service is kept.

3. Conclusion of contract and account

• The contract is concluded when you sign up, agree to these terms and confirm your account with the code from our e-mail.
• You must be of age and have full legal capacity. Anyone acting for a company confirms that they are authorised to do so.
• Your details must be accurate. Keep your access (mailbox, authenticator, recovery codes, API keys) secret; you are responsible for actions taken through your access until you have reported misuse.
• Whoever runs a team is responsible for its invited members complying with these terms.
• You order a paid plan in the settings under Billing: you choose the plan, see the order summary with price, term and cancellation, make the two declarations on the right of withdrawal and order with “Order with obligation to pay”. You then add your payment method on Stripe’s payment page; the contract for the paid plan is concluded when you complete that step. Until then you can cancel at any time or correct your details.
• We confirm the order by e-mail without delay. The confirmation states plan, price, term and cancellation as well as your declarations, and contains the withdrawal instruction and the model withdrawal form. We do not store the contract text separately: these terms are available on the website in their current version, and you find your plan and invoices in the settings under Billing.

4. Plans and prices

• The Free plan costs nothing. It currently includes up to 10 monitors checked once a minute, and alerts by e-mail and webhook.
• You can book paid plans (Team, Business) as soon as the plan overview on the website shows them as available. Scope and prices are listed there; the price shown to you before booking applies. Prices are per month and include VAT.
• If a paid plan cannot be booked yet, choosing it when signing up is non-binding and creates no entitlement; you then use the Free plan.
• If we offer a free trial, we show its length before you book. Each account gets it once. If you cancel before it ends, nothing is charged; otherwise the first paid billing period starts afterwards.
• We change the prices of paid plans only for future billing periods and announce this by e-mail at least 30 days in advance. If you do not agree, you can cancel before then.
• Right of withdrawal: consumers may withdraw from booking a paid plan within 14 days of the conclusion of the contract without giving reasons. The details are in the withdrawal instruction on the page “Withdraw from contract” (linked in the footer of every page); there you also find the model withdrawal form and can declare your withdrawal online. You also receive the instruction with the order confirmation by e-mail.
• Because the service starts at once, we ask you when ordering to expressly request that we begin before the withdrawal period ends. If you withdraw afterwards, you owe only the share of the monthly price that corresponds to the time until your withdrawal; nothing is due during a free trial.
• We may change the scope of the free plan with at least 30 days’ notice by e-mail. If you do not agree, you can end the contract at any time.

5. Payment and late payment

• Fees for paid plans are due in advance for each billing period of one month. Payment is handled by the payment service Stripe; that is where you store your payment method and find your invoices.
• If a payment due is not received, we remind you by e-mail and give you a grace period of 7 days. If the payment has still not arrived after a second reminder, we reserve the right to suspend the service in whole or in part until payment is received, for example by pausing monitors and holding back alerts.
• While the service is suspended, there is no monitoring. We accept no liability for outages that are not detected or reported during that time.
• The agreed fee remains owed. As soon as payment has been received, we reactivate the service without delay.
• If payment has still not been received 30 days after the suspension, we reserve the right to terminate the contract.

6. Acceptable use

You may only monitor targets that you own or are authorised to monitor. In particular, you must not:

• use Uptime for load or attack testing, to probe third-party systems or to bypass protective measures;
• circumvent check intervals, plan limits or suspensions, for example through several accounts or automated sign-ups;
• resell the service through the API or offer it to third parties as your own service without a separate agreement;
• store unlawful content in names, messages or webhook addresses, or direct alerts to addresses whose owners have not agreed.

In case of violations we may pause individual monitors or suspend the account; unless the violation is serious, we announce this first.

7. Availability

• We run Uptime with care and aim for high availability. We do not commit to a specific availability.
• Where possible, we carry out maintenance outside peak hours. The status page shows the current state of the service.
• Whether an alert arrives also depends on third parties (e-mail providers, receiving servers, webhook targets). We cannot rule out delays or losses beyond our control.
• Uptime complements your own monitoring of critical systems but does not replace it.

8. Liability

• We are liable without limitation for intent and gross negligence and for personal injury.
• We are not liable for slight negligence. Towards businesses, liability for lost profit, consequential damage and loss of data is also excluded to the extent permitted by law.
• In particular, we are not liable for damage resulting from an outage not being detected or reported, or being reported late, unless we are guilty of gross fault.
• We are not liable for outages that are not detected or reported while the service is suspended for late payment (section 5).
• For consumers, the statutory warranty for digital services applies (Austrian Consumer Warranty Act); these terms do not restrict it.
• Mandatory statutory liability, such as under the Product Liability Act, remains unaffected.

9. Term, termination and deletion

• The contract runs for an indefinite period. You can end it at any time by deleting your account in the settings. You confirm the deletion with a code from our e-mail; the account then stays locked for another 7 days, and you can undo the deletion during that time.
• You can cancel a paid plan at any time with effect from the end of the current billing period (settings, billing). Until then you keep its scope; afterwards the Free plan applies. If you delete your account, a paid plan ends when the account is finally deleted. We do not refund fees for a billing period that has started on a pro rata basis; your right of withdrawal (section 4) remains unaffected.
• We can terminate the contract by e-mail with 30 days’ notice, for a paid plan at the earliest with effect from the end of the current billing period. For good cause, such as serious or repeated violations of section 6, we can terminate or suspend immediately.
• When the contract ends, we delete your account and all related data; it disappears from backups after 30 days at the latest. Export what you want to keep beforehand.

10. Data protection

How we process personal data is described in the privacy policy. You are responsible for data you enter in Uptime yourself (such as targets or your team’s alert addresses); we provide businesses with a data processing agreement on request.

11. Changes to these terms

We announce changes by e-mail at least 30 days before they take effect and explain what changes. Changes that significantly restrict your rights only apply if you agree to them; until then the previous version applies. If you reject a change, you can end the contract at any time.

12. Governing law and jurisdiction

• Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law.
• If you are a consumer habitually resident in another EU state, you keep the mandatory protection of that state’s law, and you can sue and be sued at your place of residence.
• For businesses, the place of jurisdiction is the court with subject-matter jurisdiction for Amstetten, Austria.
• Send complaints to us through the contact form; we deal with them as quickly as possible. Information on out-of-court dispute resolution for consumers is in the imprint.

13. Final provisions

If a provision is invalid, the others remain valid. Towards businesses it is replaced by a valid provision that comes closest to its purpose; towards consumers the law applies. Declarations concerning the contract can be made by e-mail.