Terms of Service

1. Agreement to Terms

By accessing or using UptimeDuck ("Service", "we", "us"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, you may not access the Service.

2. Description of Service & Beta Status

UptimeDuck provides server and website monitoring services. You acknowledge that certain aspects of the Service are currently in "BETA" or "Early Access". The Service is provided "AS IS" and "AS AVAILABLE". We do not warrant that the Service will be uninterrupted, error-free, or completely secure.

3. Acceptable Use

You agree not to use the Service to:

• Monitor unlawful, illegal, malicious, or harmful websites or servers.
• Attempt to gain unauthorized access to our systems or user accounts.
• Use the Service for DDOS attacks or stress testing.
• Violate any applicable laws or regulations.

We reserve the right to terminate your account immediately, without notice or refund, if we determine you have violated these usage policies.

4. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall UptimeDuck, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service;
• Any conduct or content of any third party on the Service;
• Any content obtained from the Service; and
• Unauthorized access, use or alteration of your transmissions or content.

In no event shall UptimeDuck's total liability to you for all claims exceed the amount paid by you, if any, for accessing the Service during the twelve (12) months immediately preceding the date of the claim.

5. Indemnification

You agree to defend, indemnify and hold harmless UptimeDuck and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

6. Governing Law

These Terms shall be governed and construed in accordance with the laws of Portugal, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Any disputes arising under this agreement shall be settled exclusively in the courts of Ponta Delgada, Azores, Portugal.

7. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

8. Contact Us

If you have any questions about these Terms, please contact us at [email protected].