Terms of Service

Last updated: January 1, 2024

1. Acceptance of Terms

By accessing and using UptimePhunk ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Description of Service

UptimePhunk provides website monitoring services, including but not limited to:

  • Website uptime monitoring
  • Performance monitoring and analytics
  • SSL certificate monitoring
  • DNS monitoring
  • Domain expiration monitoring
  • Notification services (email, SMS, webhooks)
  • Status page hosting
  • API access for integration

3. User Accounts

3.1 Account Creation

To use our service, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Responsibilities

You are responsible for:

  • All activities that occur under your account
  • Maintaining the security of your password
  • Notifying us immediately of any unauthorized use
  • Ensuring your account information remains accurate and up-to-date

4. Acceptable Use

4.1 Permitted Use

You may use our service only for lawful purposes and in accordance with these Terms. You agree to use the service only for monitoring websites and services that you own or have permission to monitor.

4.2 Prohibited Activities

You agree not to:

  • Monitor websites without proper authorization
  • Use the service for any illegal or unauthorized purpose
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the service or servers
  • Use automated tools to access the service beyond normal usage
  • Reverse engineer or attempt to extract source code
  • Resell or redistribute the service without permission
  • Use the service to monitor competitors' websites for malicious purposes

5. Payment Terms

5.1 Free Plan

We offer a free plan with limited features. Free plan users are subject to usage limits and may have reduced support options.

5.2 Paid Plans

Paid plans are billed in advance on a monthly or annual basis. All fees are non-refundable unless otherwise specified. You may upgrade or downgrade your plan at any time.

5.3 Payment Processing

Payments are processed securely through third-party payment processors. We do not store your payment information on our servers.

6. Service Availability

While we strive to maintain high service availability, we do not guarantee uninterrupted access to our service. We may perform maintenance, updates, or modifications that may temporarily affect service availability.

7. Data and Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8. Intellectual Property

8.1 Our Rights

The service and its original content, features, and functionality are owned by UptimePhunk and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Your Rights

You retain ownership of any content you provide to us. By using our service, you grant us a limited license to use your content solely for the purpose of providing the service.

9. Limitation of Liability

To the maximum extent permitted by law, UptimePhunk shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of the service.

10. Disclaimer of Warranties

The service is provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting our support team or using the account deletion feature in your dashboard.

11.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

11.3 Effect of Termination

Upon termination, your right to use the service will cease immediately. We may delete your account and data, though we may retain certain information as required by law.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the service. Your continued use of the service after such modifications constitutes acceptance of the updated Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the courts of San Francisco, California.

14. Contact Information

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

Email: legal@uptimephunk.com

Address: 123 Tech Street, San Francisco, CA 94105, United States

Phone: +1 (555) 123-4567