Terms of Service
Effective Date: 11/01/2024
1. Eligibility
By using UpStat, you confirm that you are at least 16 years of age and
agree to provide accurate and complete information during account
registration to meet billing and Know Your Customer requirements.
2. Scope of Service
UpStat is an incident management platform providing monitoring, alerts,
status pages, and other related services. We guarantee a 99.8% SLA uptime
and strive to achieve 99.99% uptime. However, this is not
a warranty.
3. Modifications
UpStat reserves the right to modify services, pricing, or these Terms of
Service at any time. Changes to existing subscriptions will not be made
without prior notice and confirmation. Notification will be provided via
email and a banner on our site at least 30 days before changes take
effect.
4. User Responsibilities
- Prohibited activities include unauthorized access, distributing
malware, reverse-engineering, scraping, or automating the platform
outside of our provided SDKs and API.
- Users own all data they input into UpStat and can export it at any
time.
- Users are responsible for ensuring their third-party integrations
comply with relevant local laws.
5. Payments and Subscriptions
- UpStat operates on a subscription-based model with recurring payments.
Optional add-on seats can be added to the recurring payment amount.
- Accounts will be suspended after 30 days of non-payment, and all
monitoring and notification systems will be paused until the issue is
resolved.
- Users are responsible for entering accurate tax information into the
billing system and managing their own tax obligations.
6. Intellectual Property
UpStat and its platform are proprietary and not open source. All
intellectual property rights are retained by UpStat.
7. Liability and Indemnification
- UpStat is not liable for any damages, including indirect, incidental,
or consequential damages, arising from the use of our platform.
- Services are provided "as is" without warranties of any kind,
including guarantees of error-free operation or uninterrupted service.
- Users agree to indemnify UpStat against claims arising from misuse of
the platform.
9. Governing Law and Dispute Resolution
- These Terms of Service are governed by U.S. law and the laws of the
Commonwealth of Virginia.
- Users waive the right to bring class action lawsuits. Disputes must be
resolved through small claims court or arbitration, depending on
jurisdiction.
10. Account Management
- Users can terminate their accounts at any time. Termination will
result in the removal of all user data within 24 hours.
- Non-payment will result in account suspension after 30 days of
delinquency. Abuse of the Terms of Service may result in immediate
suspension. Appeals can be made by emailing [email protected].
11. Monitoring Restrictions
If you are monitoring a URL that does not belong to you and we receive a
request from the owner of that URL, we reserve the right to disable
monitoring of that URL per the owner’s request.
12. Support
Standard support is available via live chat and email. Enterprise
accounts receive additional services, including video conferencing,
onboarding assistance, and a dedicated account manager.
13. Force Majeure
UpStat is not liable for delays or failures in performance caused by
events beyond our control, including natural disasters, outages, or acts
of government.
14. Entire Agreement
These Terms of Service supersede all prior agreements and
representations, whether written or oral, related to the services
provided by UpStat.