Terms of Use

1. Introduction

These Terms of Use ("Terms") govern your access to and use of the UpCanary service operated by Algoventis GmbH, a company registered in Rehetobel, Switzerland ("we", "us", "our"). By creating an account or using our service, you agree to be bound by these Terms.

2. Service Description

UpCanary provides automated uptime monitoring and hosted status pages for websites, APIs, and online services. We monitor endpoints you configure and notify you of downtime or performance issues through your chosen notification channels.

3. Account Registration

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the security of your account credentials.
• You must be at least 16 years of age to use the service.
• One person or organization may not maintain more than one free account.
• You are responsible for all activity that occurs under your account.

4. Acceptable Use

You agree not to:

• Use the service for any unlawful purpose or in violation of any applicable laws
• Monitor endpoints you do not own or have authorization to monitor
• Attempt to disrupt, overload, or interfere with the service or its infrastructure
• Reverse engineer, decompile, or disassemble any part of the service
• Resell or redistribute the service without our prior written consent
• Use the service to send spam or unsolicited messages

5. Payment and Billing

• Paid plans are billed in advance on a monthly or annual basis.
• All fees are exclusive of taxes unless stated otherwise.
• You may upgrade or downgrade your plan at any time. Changes take effect at the next billing cycle.
• Refunds are handled on a case-by-case basis at our discretion.
• We reserve the right to modify pricing with 30 days' notice.

6. Service Availability

We strive to maintain high availability of the UpCanary service but do not guarantee uninterrupted or error-free operation. Scheduled maintenance windows will be communicated in advance. We are not liable for any damages resulting from service unavailability.

7. Intellectual Property

The UpCanary service, including its design, code, logos, and documentation, is the intellectual property of Algoventis GmbH. Your use of the service does not grant you any ownership rights. You retain ownership of any data and content you submit to the service.

8. Data and Privacy

Your use of the service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Algoventis GmbH 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 or inability to use the service.

Our total aggregate liability for all claims related to the service shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless Algoventis GmbH from any claims, damages, or expenses arising from your use of the service, violation of these Terms, or infringement of any third-party rights.

11. Termination

• You may cancel your account at any time through the account settings.
• We may suspend or terminate your account if you violate these Terms.
• Upon termination, your right to use the service ceases immediately.
• We will retain your data for 30 days after account deletion, after which it will be permanently removed (except where required by law).

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice on our website at least 30 days before the changes take effect. Continued use of the service after the effective date constitutes acceptance of the updated Terms.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of Switzerland, without regard to its conflict of law provisions. Any disputes arising from these Terms or the use of the service shall be subject to the exclusive jurisdiction of the courts of the Canton of Appenzell Ausserrhoden, Switzerland.

14. Contact

If you have questions about these Terms, contact us at: