Terms of service

Effective Date: September 1, 2024

1. General Information

These Terms of Service (“Terms”) govern the use of the websites statustes.net, my.statustes.net, and any third-level subdomains under statustes.net (collectively referred to as “Sites”) and the services provided therein. By accessing or using the Sites or any of the services offered, you (“User”) agree to be bound by these Terms. The Sites and services are owned and operated by Alexey Morozov, a self-employed individual registered in the Czech Republic (OSVČ — Osoba samostatně výdělečně činná), registration number: 21955409, VAT number: CZ8405282292, with a registered office at Na Folimance 2155/15, 120 00, Prague, Czechia (“Service Provider”).

2. Description of Services

The Sites provide information about and access to a SaaS (Software as a Service) monitoring platform that allows registered users to configure various monitoring services, including but not limited to website monitoring, ping monitoring, port monitoring, server monitoring, DNS monitoring, heartbeat monitoring, domain monitoring, SSL certificate monitoring, and status page viewing. Monitoring is conducted from multiple access points located in different cities across various countries. The current list of countries and cities from which monitoring is performed is available in the “Pricing” section. This list is subject to change at any time, and the Service Provider reserves the right to modify the monitoring access points and locations at its sole discretion. Services are activated immediately upon the successful receipt of payment.

The features available within the services may be modified, expanded, or limited at any time without prior notice or approval from the User. New functionalities may be added, and certain features may be restricted or removed from the services. These changes can be implemented at the discretion of the Service Provider.

3. Payment Terms

To pay for the service, the User must navigate to the “Plan” section in the service management panel, click on the “Renew/Change Plan” button, select one of the available plans, and press “Choose plan” to pay for a new subscription or “Renew plan” to extend an existing subscription. On the following page, the User must select the Payment frequency (monthly or annual) and the Payment type (One-Time payment or Recurring payment). If the User has a Discount or Redeemable code, it can be applied at this stage to recalculate the price. After these steps, the User must click “Checkout” to proceed to Stripe for payment processing. All payments are processed through the Stripe payment system, and the service does not store or use any user card data. For monthly plans, the billing period is 30 days, and for annual plans, it is 365 days. If a new plan is purchased while an existing subscription is active, the new subscription will begin immediately, and no prorated refund or credit will be applied for the remaining time on the previous plan. If the “Renew” option is selected for the current plan, its duration will be extended by the purchased period.

Depending on the User’s country of residence and whether they are an individual or a company, Stripe will calculate the applicable VAT. For individuals within the European Union, VAT will be applied at the rate applicable in their country. For companies, VAT is handled through the reverse charge mechanism, meaning the company is responsible for self-assessing and paying the VAT.

After completing the payment, the User can request an invoice. To receive an invoice with details necessary for completing a bank transfer, the User should contact customer support via email with the relevant request.

4. Automatic Renewal

The option for automatic renewal is available when the User selects the “Recurring payment” option in the Payment type during the payment process. By choosing this option, the User agrees to have the subscription automatically renewed at the end of each billing period, and the payment method provided will be charged accordingly. The User may cancel the automatic renewal at any time, which means the service will not be renewed automatically at the end of the current billing period. However, this does not mean that the current payment will be refunded or canceled; the service will remain active until the end of the already paid period.

5. Refund and Cancellation Policy

Refunds are provided only for the unused portion of the service period, calculated from the first day to the last day of use, with deductions for the actual time the service was utilized. No refunds will be given for any remaining prepaid amounts that are less than the cost of the minimum subscription period. The Service Provider is not obligated to offer refunds for any fees or charges that have been paid for the services.

6. Delivery Policy

All services provided through the Sites are digital in nature and are delivered immediately upon successful payment confirmation. Once the payment is processed, the User will gain access to the purchased services directly through their account on the platform. The activation of the services occurs automatically, and the User can start using the services without any physical delivery. If the User encounters any issues with access to the services after payment, they should contact the Service Provider for assistance.

7. Pricing Information

All subscription plans and their complete descriptions are provided on the website in the “Pricing” section. This is the only section where Users can find comprehensive information about the plans, their costs, and the terms and conditions associated with each plan. The Service Provider reserves the right to modify, update, or change any subscription plans and pricing at any time without prior notice. It is the User’s responsibility to review the “Pricing” section periodically to stay informed of any changes.

8. Technical Requirements

To use the services provided by the Sites, the User must access them using one of the following web browsers with default settings: Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. Cookies and JavaScript must be enabled in the browser settings. The User must also ensure that their device does not have any traffic restrictions or blocking software enabled, such as antivirus programs, firewalls, or other content-blocking applications, which could interfere with the proper functioning of the services. The Service Provider is not responsible for any issues or limitations caused by non-compliance with these technical requirements.

9. Service Limitations Due to Network Restrictions

The monitoring services provided through the Sites may be affected by network restrictions or blocks imposed by the User’s own network or by third-party networks. In such cases, the monitoring services may not function correctly, may work with limitations, or may not work at all. The responsibility for ensuring that the User’s network is properly configured to allow the services to function as intended lies solely with the User. The User is responsible for diagnosing and resolving any network-related issues that prevent the proper use of the services. Under these circumstances, the service shall not be considered defective or lacking in quality, and the Service Provider shall not be held liable for any resulting issues.

10. Customer Support

Customer support for the services provided through the Sites is available exclusively via email at support@statustes.net. All support inquiries must be submitted through this email address. The Service Provider will make reasonable efforts to respond to support requests within 48 hours during regular business days. Support is provided on a best-effort basis, and there is no guarantee of resolution time or that all issues will be resolved. The Service Provider reserves the right to prioritize support requests based on urgency and impact on service functionality. Support is limited to issues directly related to the services offered and does not include assistance with third-party products, software, or configurations outside the scope of the service.

11. Ownership and Use of Software

All rights, titles, and interests in and to the software, technology, and content available on the Sites are the exclusive property of the Service Provider. No ownership rights are transferred to the User, and the User is granted only a limited, non-exclusive, non-transferable, and revocable right to use the services as described in these Terms. The User acknowledges that the software is provided “as is” and may contain errors, bugs, or vulnerabilities. The Service Provider makes no warranties regarding the uninterrupted or error-free operation of the software and services.

12. User Responsibilities

The User agrees to use the services only for lawful purposes and in compliance with all applicable laws and regulations. The User shall not engage in any activities that could cause excessive load or disruption to the Sites or services or use the services to interfere with the functioning of networks or resources belonging to third parties. The User guarantees that they will not attempt to hack, compromise, or otherwise tamper with the Sites, services, or any data contained therein.

If the User discovers any system malfunction or becomes aware that they have access to data belonging to third parties due to a system error, they agree not to use such data and to immediately notify the Service Provider. If the User identifies a vulnerability or security flaw in the Sites or services, they agree not to exploit it and to promptly inform the Service Provider.

13. Restrictions on Resale and Commercial Use

The User agrees not to reproduce, duplicate, copy, sell, resell, modify, create derivative works from, or exploit for any commercial purpose any portion of the services, use of the services, or access to the services or any part of the product code. Any such unauthorized use is strictly prohibited and may result in the immediate termination of access to the services and legal action.

14. Right to Refuse Service

The Service Provider reserves the right, at its sole discretion, to refuse, suspend, or terminate access to any service or to remove any content that it deems harmful, objectionable, or potentially damaging to its interests, other users, or third parties. Additionally, the Service Provider may refuse service, restrict access, or remove any User from the Sites or services for any reason and at any time without prior notice. In such cases, the Service Provider is under no obligation to refund any fees or charges that have been paid for the services.

15. Indemnification

The User agrees to indemnify, defend, and hold harmless the Service Provider, its contractors, licensors, and their respective directors, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses, including legal fees, arising out of or related to the User’s use of the services, including but not limited to any violation of these Terms. This obligation to indemnify will survive the termination or expiration of these Terms and the User’s use of the services.

16. Limitation of Warranties

The Service Provider does not guarantee that the software or services will meet the specific requirements or expectations of the User. The services are provided “as is” and “as available,” with all faults, and without any warranties of any kind, either expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Service Provider does not guarantee that the services will be uninterrupted, timely, secure, or error-free, or that any errors or defects in the software will be corrected.

17. Limitations of Liability

The Service Provider shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use the services, including but not limited to, any loss of data, interruption of service, or unauthorized access to data. While the Service Provider takes all reasonable measures to secure the software and protect data, the User acknowledges that no software is completely secure and that data breaches or other malicious activities may occur. The Service Provider disclaims all liability to the fullest extent permissible by law.

18. Data Protection and Security

The Service Provider takes all reasonable technical and organizational measures to protect the data of its Users. However, the User acknowledges that no security measure is entirely infallible, and that data breaches, unauthorized access, or loss of data may occur despite these efforts. By using the services, the User agrees to assume all risks associated with data breaches or loss and to hold the Service Provider harmless from any liability related to such incidents.

19. Changes to Terms

The Service Provider reserves the right to modify these Terms at any time. Any changes will be posted on the Sites, and it is the User’s responsibility to periodically review these Terms for any updates or modifications. Continued use of the Sites or services after any changes have been made constitutes acceptance of the revised Terms. If the User does not agree with any changes to these Terms, they must immediately stop using the Sites and services.

20. Limitation of Rights and Severability

Failure by the Service Provider to enforce any right or provision of these Terms shall not constitute a waiver of such rights or provisions. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, the remaining provisions of these Terms will continue to remain in full force and effect. These Terms constitute the entire agreement between the Service Provider and the User regarding the use of the services and supersede any prior agreements, understandings, or representations made between the parties regarding the services.

21. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Czech Republic and the European Union. Any disputes arising out of or relating to these Terms shall be resolved by the competent courts in Prague, Czech Republic.

22. Contact Information

If you have any questions or concerns regarding these Terms, please contact the Service Provider at support@statustes.net.

By using the Sites and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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