Terms of Service

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, on-call scheduling, automation, 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 model with tiered pricing and seat-based licensing. Each active user on an account consumes a license seat, and pricing adjusts based on the number of seats and selected plan features.
• All subscriptions renew automatically unless canceled. You can manage or cancel your subscription at any time from the billing dashboard.
• Accounts with overdue payments will be suspended after 30 days. During suspension, monitoring, notifications, and other time-sensitive systems will be paused until payment is resolved.
• Users are responsible for entering accurate tax and billing information and ensuring compliance with applicable tax laws.

6.  Fair Use and Subscriber Volume

UpStat does not impose technical limits on the number of status page subscribers and allows unlimited notifications as part of our commitment to transparency and customer awareness. However, subscriber activity must reflect reasonable use. If the number of subscribers or associated notification volume materially exceeds the expected range based on your licensed team size or plan level, we reserve the right to initiate a conversation around custom pricing or service adjustments. This policy helps ensure sustainable operations while keeping essential functionality unrestricted.

7.  Intellectual Property

UpStat and its platform are proprietary and not open source. All intellectual property rights are retained by UpStat.

8.  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.  Privacy

Our Privacy Policy, available at https://upstat.io/privacy, governs how we handle user data.

10.  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.

11. 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 appeals@upstat.io.
• Upon account termination, all incidents, alerts, monitors, and associated metadata will be deleted unless covered by a separate retention agreement.

12. 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.

13. 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.

14. 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.

15. Entire Agreement

These Terms of Service supersede all prior agreements and representations, whether written or oral, related to the services provided by UpStat.

16. Free Trial

UpStat offers a 30-day free trial with full access to platform features. No credit card is required to start. Trial accounts may be paused or deleted after expiration if not converted to a paid plan. We will provide advance notice before any data is removed.