Terms of Service

Uptime Platform Terms of Service

Last updated: November 12, 2025

These Terms govern your use of the Uptime Platform monitoring, incident, and support workspace, including our Nuxt apps, APIs, agents, workers, and related services (“Services”). By accessing the Services you agree to the Terms on behalf of yourself or your organization.

1. Account Registration & Security

Provide accurate information, keep it updated, and safeguard credentials, TOTP secrets, API keys, agent tokens, and devices. Notify us immediately of unauthorized use; we are not liable for losses from compromised credentials.

2. Eligibility & Compliance

You must be at least 18 (or the age of majority) and able to form a binding contract. You and your users must comply with all applicable laws, including export control, privacy, and anti-abuse rules.

3. Subscription Plans & Usage Limits

  • Features, quotas, and entitlements are described in our published plan materials and may change without notice.
  • You agree to stay within plan limits for monitors, alert channels, status pages, agents, incidents, tickets, etc.
  • We may suspend or throttle accounts that materially exceed plan limits or misuse beta features without arranging an upgrade.

4. Fees & Payment

  • Paid plans require valid payment details; fees are billed in advance and are non-refundable unless stated otherwise.
  • If payment fails, we may downgrade or suspend the account until resolved.
  • Taxes, duties, and governmental charges are your responsibility unless we are required to collect them.

5. Customer Responsibilities

  • Configure monitors, support portals, status pages, and agents according to our policies and applicable law.
  • Ensure you have rights to domains, systems, or data you monitor or publish through the Services.
  • Avoid sensitive personal data in tickets, incidents, or public components unless you have a lawful basis and controls.
  • Maintain backups of critical data you store or publish through the Services.

6. Acceptable Use

You agree not to:

  1. Engage in unlawful, harmful, or fraudulent activity.
  2. Probe or interfere with other customers’ monitors, incidents, or custom domains.
  3. Upload malware, send spam, or run unauthorized scraping of public status endpoints.
  4. Bypass plan enforcement, rate limits, authentication middleware, or other security controls.
  5. Reverse engineer proprietary portions of the platform except where permitted by law.

7. Integrations, Agents, and Third Parties

  • Optional server/Docker agents, Jira sync, Slack/Discord, webhooks, custom domains, and mailing lists rely on third parties with their own terms.
  • We are not responsible for downtime or data loss caused by services you integrate.
  • You authorize us to exchange the data necessary to run each integration.

8. Support & Beta Features

We provide in-app support tools, email support, and roadmap/beta programs. Beta or preview features are provided “as-is,” may change without notice, and may be terminated at any time.

9. Service Modifications & Availability

We strive for high availability but do not guarantee uninterrupted service. Features (including roadmap phases) may be modified, suspended, or discontinued with notice when practicable; urgent security or misuse issues may require immediate action.

10. Intellectual Property

  • We retain all rights, title, and interest in the Services, software, documentation, and branding.
  • You retain rights to Customer Data (monitors, incidents, tickets, status pages, etc.) and grant us a worldwide, non-exclusive license to host, process, and transmit it to provide the Services and comply with law.
  • Feedback or suggestions may be used without restriction or obligation.

11. Confidentiality

Each party may access the other’s confidential information and will protect it with reasonable care, using it only to perform under these Terms. Disclosure is permitted when required by law or court order with notice if allowed.

12. Privacy

Our [Privacy Policy](/legal/privacy) describes how we handle personal information and is incorporated by reference. Using the Services signifies consent to that policy.

13. Term & Termination

  • These Terms apply while you use the Services; either party may terminate for convenience (paid plans end at the close of the current billing cycle).
  • We may suspend or terminate immediately for material breach, unpaid fees, or security risk.
  • Upon termination you must stop using the Services; we may delete or restrict access to Customer Data per retention policies. Sections covering IP, confidentiality, warranties, liability, and indemnities survive.

14. Warranties

The Services are provided “as-is” without warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee monitors will detect every outage or that integrations will be error-free.

15. Limitation of Liability

Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or business opportunities, even if advised of the possibility. Our aggregate liability is limited to fees you paid during the 12 months before the claim. These limits do not apply to payment obligations or indemnities.

16. Indemnification

You will indemnify and hold Uptime and its affiliates, officers, directors, and employees harmless from claims, damages, liabilities, costs, and expenses (including attorneys’ fees) arising from Customer Data, use in violation of these Terms or law, or disputes between you and third parties.

17. Governing Law & Dispute Resolution

These Terms are governed by Delaware law (USA) without regard to conflict rules. Parties consent to exclusive jurisdiction in state and federal courts located in San Francisco County, California for disputes not otherwise resolved. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

18. Changes to These Terms

We may update these Terms and will post the revised version with a new “Last updated” date. Material changes will be communicated via email or in-app notice at least 30 days before taking effect unless addressing a new feature, security issue, or legal requirement. Continued use of the Services after changes become effective constitutes acceptance.

19. Contact

Send questions about these Terms to legal@xuptimemonitor.com