Lomboos d.o.o. operates the UptimeChecker.io service, which we hope you use. If you use it, please use it responsibly. If you don't, we'll have to terminate your account.
For paid accounts, you'll be charged on a monthly basis. You can cancel anytime, but there are no refunds.
The Terms of Service, UptimeChecker.io itself, and our prices can change at any time. We'll warn you 30 days in advance of any price changes. We'll try to warn you about major changes to the Terms of Service or UptimeChecker.io, but we make no guarantees.
That's the basic idea, but You must read through the entire Terms of Service below and agree with all the details before You use any of our sites (whether or not you have created an account).
This document is an adaptation of the [Heroku Terms of Service](http://legal.heroku.com/tos), which is turn an adaptation of the [Google App Engine Terms of Service](http://code.google.com/appengine/terms.html). The original work has been modified with permission under the [Creative Commons Attribution 3.0 License](http://creativecommons.org/licenses/by/3.0/). Neither Heroku, Inc. nor Google, Inc. is not connected with and does not sponsor or endorse Uptime Monitoring Services or its use of the work.
You're welcome to adapt and use this document for your own needs. If you make an improvement, we'd appreciate it if you would let us know so we can consider improving our own document.
Your use of the Uptime Monitoring Services service is governed by this agreement (the "Terms"). "Uptime Monitoring Services" means Uptime Monitoring Services Inc. The "Service" means the services Uptime Monitoring Services makes available include our web sites (https://www.uptimechecker.io), our blog, our API, and any other software, sites, and services offered by Uptime Monitoring Services in connection to any of those. "Customer Source Code" means any source code you submit to Uptime Monitoring Services for the purpose of using the Service. "Content" means all content generated by Uptime Monitoring Services on your behalf (including metric data) and does not include Customer Source Code.
In order to use the Service, You (the "Customer", "You", or "Your") must first agree to the Terms. You understand and agree that Uptime Monitoring Services will treat Your use of the Service as acceptance of the Terms from that point onwards.
Uptime Monitoring Services may make changes to the Terms from time to time. You may reject the changes by terminating Your account. You understand and agree that if You use the Service after the date on which the Terms have changed, Uptime Monitoring Services will treat Your use as acceptance of the updated Terms.
If you have any question about the Terms, please contact us at support@UptimeChecker.io.com.
You may choose to or we may invite You to submit comments or ideas about the Service, including but not limited to ideas about improving the Service or our products ("Ideas"). By submitting any Idea, You agree that Your disclosure is unsolicited and without restriction and will not place Uptime Monitoring Services under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
The Services may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that Uptime Monitoring Services is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
Uptime Monitoring Services gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to You by Uptime Monitoring Services as part of the Service as provided to You by Uptime Monitoring Services. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Service as provided by Uptime Monitoring Services, in the manner permitted by the Terms.
You may not (and You may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless You have been specifically told that You may do so by Uptime Monitoring Services, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Service.
Open source software licenses for components of the Service released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern Your agreement with Uptime Monitoring Services for the use of the components of the Service released under an open source license.
You expressly understand and agree that Uptime Monitoring Services, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss (whether or not Uptime Monitoring Services has been advised of or should have been aware of the possibility of any such losses arising).
You agree to hold harmless and indemnify Uptime Monitoring Services, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "Uptime Monitoring Services and Partners") from and against any third party claim arising from or in any way related to (a) Your breach of the Terms, (b) Your use of the Service, (c) Your violation of applicable laws, rules or regulations in connection with the Service, or (d) Your Customer Source Code, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Uptime Monitoring Services will provide You with written notice of such claim, suit or action.
The Terms constitute the whole legal agreement between You and Uptime Monitoring Services and govern Your use of the Service and completely replace any prior agreements between You and Uptime Monitoring Services in relation to the Service.
You agree that if Uptime Monitoring Services does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Uptime Monitoring Services has the benefit of under any applicable law), this will not be taken to be a formal waiver of Uptime Monitoring Services's rights and that those rights or remedies will still be available to Uptime Monitoring Services.
Uptime Monitoring Services shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
Your privacy is important to us. It is Lomboos' policy to respect your privacy regarding any information we may collect from you across our websites: uptimechecker.io, websocketmonitor.com and applications we own and operate.
When you visit our website or use our apps, our servers may automatically log the standard data provided by your web browser or app. It may include your computer’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details.
We may also collect data about the device you’re using to access our website. This data may include the device type, operating system, unique device identifiers, device settings, and geo-location data. What we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.
We may ask for personal information, such as your:
We will process your personal information lawfully, fairly and in a transparent manner. We collect and process information about you only where we have legal bases for doing so.
These legal bases depend on the services you use and how you use them, meaning we collect and use your information only where:
Where you consent to our use of information about you for a specific purpose, you have the right to change your mind at any time (but this will not affect any processing that has already taken place).
We don’t keep personal information for longer than is necessary. While we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure and cannot guarantee absolute data security. If necessary, we may retain your personal information for our compliance with a legal obligation or in order to protect your vital interests or the vital interests of another natural person.
We may collect, hold, use and disclose information for the following purposes and personal information will not be further processed in a manner that is incompatible with these purposes:
We may disclose personal information to:
The personal information we collect is stored and processed in Germany, United States and Croatia, or where we or our partners, affiliates and third-party providers maintain facilities. By providing us with your personal information, you consent to the disclosure to these overseas third parties.
We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.
Where we transfer personal information from a non-EEA country to another country, you acknowledge that third parties in other jurisdictions may not be subject to similar data protection laws to the ones in our jurisdiction. There are risks if any such third party engages in any act or practice that would contravene the data privacy laws in our jurisdiction and this might mean that you will not be able to seek redress under our jurisdiction’s privacy laws.
Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below. If you ask us to restrict or limit how we process your personal information, we will let you know how the restriction affects your use of our website or products and services.
Access and data portability: You may request details of the personal information that we hold about you. You may request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may request that we erase the personal information we hold about you at any time. You may also request that we transfer this personal information to another third party.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.
Notification of data breaches: We will comply laws applicable to us in respect of any data breach.
Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.
Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
User data deletion: You may choose to delete all the data we have collected from you. In such a case, please get in touch with us at email@example.com and request data deletion.
Our services are not specifically aimed at children. We do not knowingly collect any personal information from children under 16. If you are a parent or a legal guardian of a child under 16 and you believe we have collected any personal information from your child, please contact us at firstname.lastname@example.org. To protect your child, we will ask you to prove your identity, and upon confirmed request, we will immediately delete any personal information we may have collected from your child.
If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may continue to use your personal information according to this policy.
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.
A cookie is a small piece of data that a website stores on your device when you visit, typically containing information about the website itself, a unique identifier that allows the site to recognise your web browser when you return, additional data that serves the purpose of the cookie, and the lifespan of the cookie itself.
Cookies are used to enable certain features (eg. logging in), to track site usage (eg. analytics), to store your user settings (eg. timezone, notification preferences), and to personalise your content (eg. advertising, language).
Cookies set by the website you are visiting are normally referred to as “first-party cookies”, and typically only track your activity on that particular site. Cookies set by other sites and companies (ie. third parties) are called “third-party cookies”, and can be used to track you on other websites that use the same third-party service.
Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, shopping carts and payment processing. We use essential cookies to enable certain functions on our website.
Performance cookies are used in the tracking of how you use a website during your visit, without collecting personal information about you. Typically, this information is anonymous and aggregated with information tracked across all site users, to help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the website you’re visiting (first-party) or by third-party services. We use performance cookies on our site.
Functionality cookies are used in collecting information about your device and any settings you may configure on the website you’re visiting (like language and timezone settings). With this information, websites can provide you with customised, enhanced or optimised content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party service. We use functionality cookies for selected features on our site.
Targeting/advertising cookies are used in determining what promotional content is more relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or to limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you’re visiting (first-party) or by third-party services. Targeting/advertising cookies set by third-parties may be used to track you on other websites that use the same third-party service. We use targeting/advertising cookies on our site.
We review the privacy policies of all our third-party providers before enlisting their services to ensure their practices align with ours. We will never knowingly include third-party services that compromise or violate the privacy of our users.
If you browse websites from multiple devices, you may need to update your settings on each individual device.
Although some cookies can be blocked with little impact on your experience of a website, blocking all cookies may mean you are unable to access certain features and content across the sites you visit.