Terms of Service
Last Updated: March 24, 2025
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the SimpleUptime website and service operated by SimpleUptime ("us", "we", "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.
1. Accounts
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
2. Service Description
SimpleUptime provides a website monitoring service that checks the availability and performance of your websites and web applications. Our Service includes:
- Regular monitoring of the uptime of specified URLs
- Alerts when your website is down or experiencing issues
- Performance tracking and analytics
- Dashboard to view monitoring results and statistics
We reserve the right to modify, suspend, or discontinue the Service (or any part or feature thereof) at any time with or without notice.
3. Usage Limitations
You agree not to use the Service for any purpose that is illegal or prohibited by these Terms.
Specifically, you agree not to:
- Use the Service to monitor websites that you do not own or have permission to monitor
- Use the Service to conduct security scanning, penetration testing, or any form of attack on other websites
- Use the Service to distribute viruses, malware, or other malicious code
- Attempt to gain unauthorized access to any part of the Service, other accounts, computer systems, or networks connected to our Service
- Interfere with or disrupt the Service or servers or networks connected to the Service
- Use the Service to collect or harvest data about other users
- Use the Service in a way that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service
We reserve the right to terminate your access to the Service immediately, without prior notice, if in our sole discretion you violate any of these restrictions.
4. Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of SimpleUptime and its licensors. The Service is protected by copyright, trademark, and other laws of both the country where SimpleUptime operates and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SimpleUptime.
5. Subscription and Payment
Some parts of the Service are provided on a subscription basis. You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly or annual basis, depending on the subscription plan you select.
At the end of each Billing Cycle, your subscription will automatically renew under the same conditions unless you cancel it or SimpleUptime cancels it. You may cancel your subscription renewal either through your online account management page or by contacting SimpleUptime's customer support team.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
SimpleUptime reserves the right to change subscription fees upon thirty (30) days' notice. Such notice may be provided by email or by posting the changes to the SimpleUptime website or the Service itself.
6. Free Trial
SimpleUptime may, at its sole discretion, offer a limited-time free trial subscription for the Service. If you are on a free trial, you may cancel at any time until the end of the free trial period.
At the end of the free trial period, unless you cancelled your subscription, you will be automatically charged the applicable subscription fee for the subscription plan you chose.
At any time and without notice, SimpleUptime reserves the right to (i) modify the terms and conditions of the free trial offer, or (ii) cancel such free trial offer.
7. Refunds
Except when required by law, paid subscription fees are non-refundable.
In certain situations, such as a duplicate payment or technical error, SimpleUptime may, at its sole discretion, provide a refund. Please contact our customer support team if you believe you are entitled to a refund.
8. Availability and Accuracy
While we strive to ensure the Service is available 24/7, we cannot guarantee that the Service will always be available or error-free. We may experience temporary Service interruptions due to maintenance, technical issues, or circumstances beyond our control.
We do not guarantee that the monitoring results will be 100% accurate or that we will detect all downtime events. The Service is provided "as is" and "as available" without any warranties of any kind.
9. Limitation of Liability
In no event shall SimpleUptime, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Service;
- Any conduct or content of any third party on the Service;
- Any content obtained from the Service; and
- Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability shall be limited to the maximum extent permitted by law.
10. Indemnification
You agree to defend, indemnify, and hold harmless SimpleUptime and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access to the Service;
- Your violation of any term of these Terms;
- Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
- Any claim that your use of the Service has caused damage to a third party.
This defense and indemnification obligation will survive these Terms and your use of the Service.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
12. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by updating the "Last Updated" date at the top of these Terms.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
13. Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. Entire Agreement
These Terms constitute the entire agreement between you and SimpleUptime regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
15. Contact Us
If you have any questions about these Terms, please contact us at:
Email: legal@simpleuptime.net
Effective Date: March 24, 2025