Terms of Service

1. Acceptance of Terms

By accessing or using AgenticUptime's services, website, or applications (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Services.

2. Definitions

• "Services" means all of AgenticUptime's websites, applications, tools, platforms, and infrastructure monitoring services.
• "Customer" means an individual or entity with a registered AgenticUptime account.
• "API User" means a person or system that accesses AgenticUptime's monitoring services or data via our API using valid credentials but may not have their own account.
• "Content" means any data, text, graphics, photos, audio, video, or other materials uploaded, downloaded, or appearing on the Services.
• "Monitoring Data" means server health metrics, uptime records, alert logs, performance analytics, and other data generated through our monitoring services.
• "Personal Data" means any information relating to an identified or identifiable natural person.

3. Description of Services

AgenticUptime provides a comprehensive infrastructure monitoring and uptime management platform that includes:

• Real-time Server Monitoring: Continuous monitoring of server health, availability, and performance across your infrastructure
• Health Check Automation: Automated health checks and diagnostics for servers and services
• Alert Management: Configurable alert rules, escalation policies, and multi-channel notification delivery
• Performance Metrics & Analytics: Detailed performance metrics, historical analytics, and reporting dashboards
• Multi-Server Management: Support for monitoring Video, Web, MongoDB, MySQL, Redis, DNS, TURN/STUN, and GlusterFS servers
• WebSocket Real-time Updates: Live streaming of monitoring data and status changes via WebSocket connections
• AI-powered Anomaly Detection: Machine learning-based anomaly detection, root cause analysis, and predictive alerting

4. User Accounts and Registration

Account Creation

To access certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security.

Organization Accounts

If you create an account on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your agreement to these Terms will be treated as the agreement of the organization.

5. Acceptable Use Policy

You agree not to use the Services to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit any harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content
• Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Attempt to gain unauthorized access to any portion of the Services or any other systems or networks
• Use the Services for any commercial purpose without our express written consent
• Use monitoring data to attack, exploit, or compromise third-party infrastructure
• Share API credentials or account access with unauthorized individuals

6. Monitoring Services

Monitoring Data

By using our monitoring services, you acknowledge and agree that:

• Server health metrics, uptime records, and performance data are collected and stored as part of providing the Services
• You are responsible for ensuring you have appropriate authorization to monitor the servers and infrastructure you configure within AgenticUptime
• You will use monitoring data responsibly and in accordance with applicable laws and these Terms
• You understand that account administrators have control over monitoring settings, including the ability to configure, modify, or remove monitored servers and alert rules

Health Check Data

Health check results, diagnostic data, and other Monitoring Data are subject to the following terms:

• Account holders are responsible for ensuring monitoring configurations comply with any applicable service agreements for monitored infrastructure
• Monitoring data is stored securely and may be accessed by the account holder and authorized team members
• You retain ownership of your infrastructure configuration data, but grant us a license to process and store such content as necessary to provide the Services
• We may retain Monitoring Data for a reasonable period to provide the Services and comply with legal obligations

Alert Notifications

To use our monitoring and alert services effectively, you need:

• A stable internet connection for receiving real-time monitoring updates and alerts
• Valid contact information (email, webhook endpoints, or other notification channels) for alert delivery
• Updated web browser for accessing the monitoring dashboard and analytics
• Appropriate network access and permissions for monitored servers and infrastructure

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your Personal Data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

Data Processing

For monitoring services, we process various types of data including:

• Server health metrics and performance data
• Uptime and availability records
• Monitoring metadata (server configurations, check intervals, timestamps)
• Alert history and notification logs
• Anomaly detection and analytics data

8. Payment Terms

Subscription Plans

Our Services are offered through various subscription plans. By subscribing to a paid plan, you agree to pay the applicable fees as described on our pricing page.

Billing and Payments

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as expressly stated in these Terms
• We may change our pricing with 30 days' advance notice
• Failed payments may result in service suspension or termination

Free Trials

We may offer free trials for certain subscription plans. Free trials are subject to the same terms as paid subscriptions, and will automatically convert to paid subscriptions unless cancelled before the trial period ends.

9. Intellectual Property Rights

Our Rights

The Services and all materials therein, including software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music, are owned by AgenticUptime or our licensors and are protected by intellectual property laws.

Your Rights

You retain ownership of any content you create or upload to the Services. By using our Services, you grant us a limited, non-exclusive, royalty-free license to use, store, and process your content solely to provide the Services.

Feedback

Any feedback, suggestions, or ideas you provide to us regarding the Services may be used by us without any obligation to compensate you.

10. Disclaimers and Limitations

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGENTICUPTIME SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

11. Indemnification

You agree to indemnify, defend, and hold harmless AgenticUptime and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.

12. Termination

Termination by You

You may terminate your account at any time by following the account closure process in your account settings or by contacting our support team.

Termination by Us

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Effect of Termination

Upon termination, your right to use the Services will cease immediately. We may delete your account and all associated data, though we may retain certain information as required by law or for legitimate business purposes.

13. Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Arbitration

Any dispute arising from these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive any right to a jury trial or to participate in a class action lawsuit.

14. General Provisions

Changes to Terms

We may modify these Terms at any time. If we make material changes, we will provide you with advance notice. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Entire Agreement

These Terms constitute the entire agreement between you and AgenticUptime regarding the use of the Services and supersede all prior agreements and understandings.

Assignment

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