Terms of Service

1. Acceptance of Terms

By accessing or using UpMonkey ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Description of Service

UpMonkey is a website monitoring and uptime tracking service. We ping your endpoints at regular intervals to monitor their availability, response times, and send you alerts when they go down.

The Service includes:

• 24/7 automated endpoint monitoring
• Uptime tracking and historical data
• Alert notifications via email, webhook, and Slack
• Dashboard and statistics

3. Account Registration

To use the Service, you must create an account by providing a valid email address and password. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

You must be at least 18 years old to create an account. You may not use the Service if you have been previously banned.

4. Subscription Plans and Billing

Free Plan

Our free plan includes monitoring for up to 3 sites with 5-minute ping intervals and 7-day history. No credit card required.

Paid Plans

Paid subscriptions are billed monthly or annually. By subscribing, you authorize us to charge your payment method for the subscription fee.

• Subscriptions automatically renew unless cancelled
• You can cancel at any time from your account settings
• Cancellations take effect at the end of the current billing period
• No refunds for partial months or unused service

Price Changes

We may change our pricing with 30 days' notice. Price changes do not affect existing subscriptions until renewal.

5. Acceptable Use

You agree not to:

• Monitor websites you do not own or have permission to monitor
• Use the Service to conduct DDoS attacks or other malicious activities
• Monitor endpoints at excessive frequencies that could harm target systems
• Attempt to bypass rate limits or abuse the Service
• Reverse engineer, decompile, or hack the Service
• Resell or redistribute the Service without authorization
• Violate any applicable laws or regulations

We reserve the right to suspend or terminate accounts that violate these terms.

6. Service Availability

While we strive for 100% uptime, we do not guarantee uninterrupted access to the Service. We may perform maintenance, updates, or experience outages.

We are not liable for:

• Service interruptions or downtime
• Missed alerts or notifications
• Inaccurate monitoring data
• Data loss (though we make reasonable efforts to prevent it)

The Service is provided on an "as is" and "as available" basis.

7. Data and Privacy

We collect and process your data as described in our Privacy Policy. By using the Service, you consent to such collection and processing.

You retain all rights to the URLs and data you provide. We do not claim ownership of your content.

8. Intellectual Property

The Service, including its design, code, logos, and content, is owned by UpMonkey and protected by copyright and trademark laws. You may not copy, modify, or distribute our intellectual property without permission.

9. Third-Party Services

The Service may integrate with third-party services (Slack, webhooks, payment processors). We are not responsible for third-party services or their terms and policies.

10. Limitation of Liability

To the maximum extent permitted by law, UpMonkey shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits or revenue
• Loss of data or business interruption
• Damages resulting from service downtime or missed alerts

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold UpMonkey harmless from any claims, damages, or expenses arising from your use of the Service, violation of these Terms, or infringement of any rights.

12. Termination

We may suspend or terminate your account at any time for:

• Violation of these Terms
• Non-payment of subscription fees
• Abuse or misuse of the Service
• At our discretion with or without cause

Upon termination, your right to use the Service immediately ceases, and we may delete your data.

You may terminate your account at any time by deleting it from your account settings.

13. Changes to Terms

We may modify these Terms at any time. We will notify you of significant changes by email or through the Service. Your continued use after changes are posted constitutes acceptance of the new Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where UpMonkey operates, without regard to conflict of law principles.

15. Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration, except where prohibited by law. You waive your right to participate in class action lawsuits.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

17. Contact Information

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

Email: legal@upmonkey.net
Contact form: upmonkey.net/contact

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and UpMonkey regarding the Service.