Terms of Service

The following terms and conditions govern all use of the UptimeBooster products (Web App and iOS/Android mobile apps) and all content, services, and products available at or through the website or mobile apps. 

The products are owned and operated by UptimeBooster Service Provider Ltd. ("UptimeBooster" - a trademark of the company). The products are offered subject to your acceptance without modification of all of the terms and conditions contained herein.

And all other operating rules, policies (including, without limitation, UptimeBooster's Privacy Policy) and procedures that may be published from time to time on this Site by UptimeBooster (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the products. By accessing or using any part of the products, you agree to become bound by the terms and conditions of this agreement. 

If you do not agree to all the terms and conditions of this agreement, then you may not access the products or use any services. If these terms and conditions are considered an offer by UptimeBooster, acceptance is expressly limited to these terms.

We may modify these terms or any additional terms that apply to UptimeBooster products. Changes will apply immediately and will be noted in the Changelog at the end of these Terms of Service. They might apply retroactively and to all our existing users.

If you do not comply with these terms, and we don't take action right away, this doesn't mean that we’re giving up any rights that we may have (such as taking action in the future).

If any of these Terms and Conditions are rendered invalid or void, the other Terms and Conditions will remain in effect. The section titles in the TOS are for convenience only and have no legal or contractual effect.

Your UptimeBooster Account and Site

If you have an account on the products, you are responsible for maintaining the security of your account (email used, password, or API keys) and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. 

You must not use UptimeBooster services in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and UptimeBooster may change or remove any content that it considers inappropriate or unlawful, or otherwise likely to cause UptimeBooster liability. 

You must immediately notify UptimeBooster of any unauthorized uses of your account or any other breaches of security. UptimeBooster will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors

By using the products, you are entirely responsible for:

• Providing valid user data (email, name, etc.).
• Not using the Website for any illegal or abusive activity.
• Securing any email, password, or API keys of your account.
• Only having a single account.

UptimeBooster has the right (though not the obligation) to, in UptimeBooster's sole discretion:

• Refuse or remove any content (monitors) that, in UptimeBooster's reasonable opinion, violates any UptimeBooster policy or is in any way harmful or objectionable.
• Terminate or deny access to and use of the products to any individual or entity for any reason, in UptimeBooster's sole discretion. UptimeBooster will have no obligation to provide a refund of any amounts previously paid.

Services Provided

UptimeBooster provides the following services:

• Automatic monitoring of user-defined intervals for defined monitors.
• Notification of downtime to user-defined contacts through various methods (email, SMS, mobile push messages, etc.).
• Monitoring methods including HTTP(s)/website monitoring, keyword monitoring, ping monitoring, port monitoring, heartbeat monitoring, and status pages.

Paid plans are available for faster checking of monitors, the ability to check more monitors, and SMS message/voice call credits for notifications. Free plans include limited features.

Payment and Renewal

• General Terms: Optional paid services (Upgrades) are available on the products, and by selecting an Upgrade, you agree to pay UptimeBooster the indicated subscription fees. Payments will be charged on a prepaid basis on the day you sign up for an Upgrade and will cover the use of that service for a subscription period as indicated. Upgrades can be canceled at any time.
• Automatic Renewal: Unless you notify UptimeBooster before the end of the subscription period, your Upgrade subscription will automatically renew. You authorize us to collect the applicable subscription fee for such Upgrade. Upgrades can be canceled at any time.
• Refunds: Subscription fees paid in advance will not be refunded unless there has been 10 days or less since the payment. Refunds are only applicable for payments made in the last 10 days or less.

Delivery Policy

Upon receipt of your order, the services will be performed to you in accordance with the terms applicable to the services that you purchased. The nature of the services you purchased and the date of your purchase may impact the timing of the performance of the services. The services will be deemed to be successfully delivered to you upon the performance of the services.

Intellectual Property

This Agreement does not transfer from UptimeBooster to you any UptimeBooster or third-party intellectual property. All rights, title, and interest in and to such property will remain solely with UptimeBooster.  UptimeBooster's trademarks or registered trademarks may not be reproduced or otherwise used without permission. Your use of the products grants you no right or license to reproduce or use any UptimeBooster or third-party trademarks.

Advertisements

UptimeBooster reserves the right to display advertisements on your account.

Changes

UptimeBooster reserves the right to modify or replace any part of this Agreement. Your continued use of or access to the products following the posting of any changes to this Agreement constitutes acceptance of those changes.

Termination

UptimeBooster may terminate your access to all or any part of the products at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your UptimeBooster account, you may simply discontinue using the products. All provisions of this Agreement that should survive termination shall survive termination.

Disclaimer of Warranties

The products are provided "as they are." UptimeBooster and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement.

Neither UptimeBooster nor its suppliers and licensors make any warranty that the products will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the products at your own discretion and risk.

Limitation of Liability

In no event will UptimeBooster, or its suppliers or licensors, be liable for any special, incidental, or consequential damages, the cost of procurement for substitute products or services, interruption of use, or loss or corruption of data. 

UptimeBooster shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that:

• Your use of the products will be in strict accordance with the UptimeBooster Privacy Policy and all applicable laws and regulations.
• Your use of the products will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless UptimeBooster, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorney's fees, arising out of your use of the products, including but not limited to your violation of this Agreement.

No Resale or Redistribution of Service

Except as expressly authorized by UptimeBooster, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes any portion of the use of the products, or access to the products or the products code.

In case you wish to use UptimeBooster for commercial purposes, please contact us directly at [email protected] to discuss a custom deal. It is possible to purchase any of the products for another account. Billing details and invoices will be stored under the upgraded account.

If you do not comply with this, or UptimeBooster has reasonable grounds to suspect that you do not comply with this, UptimeBooster has the right to suspend or terminate your subscription and refuse any and all current or future use of the service (or any portion thereof). In this case, you are not eligible for any refund.

Affiliate Program

As an authorized affiliate partner (Affiliate) of UptimeBooster, you agree to abide by the terms and conditions contained in this Agreement.

• Commissions will be paid once a month upon reaching the minimum payout threshold. UptimeBooster has the right to postpone the payout until at least 2 different users are referred and upgraded to any of the paid plans.
• The commissions are paid out through PayPal only. If the minimum threshold is not reached and/or the affiliate partner does not have a PayPal account, UptimeBooster will not pay out the commissions.
• Payments will only be sent for completed transactions. Transactions that result in chargebacks or refunds will not be paid out.
• UptimeBooster reserves the right to terminate any Affiliate account at any time for violations of affiliate rules mentioned in the Affiliate section of your account or this Agreement or for no reason.
• UptimeBooster will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of harm to the Program and/or our website(s).
• Referrals coming from email SPAM (unsolicited emails) will not be counted and may lead to the termination of your affiliate account.

Contacting UptimeBooster

UptimeBooster can be contacted by email at [email protected]. By contacting UptimeBooster, you grant UptimeBooster a worldwide, non-exclusive perpetual right to any ideas, information, designs, or other material contained in any communication unless the client has obtained prior written agreement from the UptimeBooster board.

The client agrees not to pass to UptimeBooster any commercially sensitive information and data about their own operations. The client accepts that information sent to UptimeBooster will not be considered subject to any form of a non-disclosure agreement unless the client has obtained prior written consent from the UptimeBooster board.

Email communication is not a secure, guaranteed medium of communication. Emails should only be regarded as received by UptimeBooster if the client receives a manually created response. All discussions over email are deemed to be of an informal nature and should only be taken as binding when indicated as such by the UptimeBooster board.

Any suggestions, mention, or reference to any alteration of past, present, or future contractual terms by UptimeBooster should be taken purely as speculative until the client receives written confirmation from the UptimeBooster board.