Terms of Service

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and that organization.

2. Service Description

SiteAwake provides website and service monitoring tools that allow you to:

• Monitor the availability and performance of websites, APIs, and services
• Receive notifications when monitored services experience issues
• View historical uptime and performance data
• Create and manage public status pages
• Configure notification channels and alert settings

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. User Accounts

3.1 Registration

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your account

3.2 Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Account Termination

You may delete your account at any time through your account settings. We may suspend or terminate your account if you violate these Terms or engage in conduct that we determine, in our sole discretion, is harmful to the Service or other users.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service to monitor websites or services without authorization from the owner
• Use the Service in any way that could damage, disable, or impair the Service
• Attempt to gain unauthorized access to any part of the Service or its systems
• Use the Service to conduct denial-of-service attacks or similar activities
• Use the Service to distribute malware, spam, or other harmful content
• Impersonate any person or entity or misrepresent your affiliation
• Violate any applicable laws, regulations, or third-party rights
• Resell or redistribute the Service without our written permission
• Use automated means to access the Service except through our API in accordance with documentation

5. Payment Terms

5.1 Pricing

Pricing for paid plans is available on our website. Prices are subject to change with 30 days' notice for existing subscribers.

5.2 Billing

Paid plans are billed in advance on a monthly or annual basis. Payments are non-refundable except as provided in these Terms or required by law.

5.3 Free Trials

We may offer free trials of paid features. At the end of the trial period, you will be automatically enrolled in the paid plan unless you cancel. You may cancel at any time before the trial ends.

5.4 Upgrades and Downgrades

You may upgrade or downgrade your plan at any time. Upgrades take effect immediately, and you will be charged a prorated amount. Downgrades take effect at the start of the next billing cycle.

5.5 Refunds

We offer a 30-day money-back guarantee for new subscribers to paid plans. If you are not satisfied, contact us within 30 days of your initial subscription for a full refund.

6. Intellectual Property

6.1 Our Intellectual Property

The Service, including its content, features, and functionality, is owned by SiteAwake and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

6.2 Your Content

You retain ownership of any content you submit to the Service (such as monitor configurations and status page content). By submitting content, you grant us a worldwide, non-exclusive license to use, host, store, and display that content as necessary to provide the Service.

6.3 Feedback

If you provide us with feedback or suggestions about the Service, you grant us the right to use that feedback without any obligation to you.

7. Privacy

Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Service, you agree to our Privacy Policy.

8. Third-Party Services

The Service may integrate with third-party services (such as Slack, email providers, or webhook endpoints). Your use of these integrations is subject to the terms and privacy policies of those third parties. We are not responsible for the practices of third-party services.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• Any errors in the Service will be corrected

You use the Service at your own risk. We are not responsible for any damage to your computer system, loss of data, or other harm that results from your use of the Service.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SITEAWAKE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or data
• Business interruption
• Cost of substitute services
• Any damages arising from your use or inability to use the Service

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify, defend, and hold harmless SiteAwake and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit to the Service

12. Termination

Either party may terminate the relationship at any time. Upon termination:

• Your right to access and use the Service will immediately cease
• You will lose access to your data (we recommend exporting before termination)
• You remain responsible for any outstanding fees
• Sections of these Terms that by their nature should survive termination will survive

13. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the decision of the arbitrator shall be final and binding.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of any material changes by:

• Posting the updated Terms on our website
• Updating the "Last updated" date at the top
• Sending an email notification for significant changes

Your continued use of the Service after any changes indicates your acceptance of the new Terms.

15. General Provisions

15.1 Entire Agreement

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

15.2 Severability

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

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

16. Contact Information

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