Terms of service
Welcome to the CleverUptime server monitoring system. By using our services, you agree to be bound by the following terms and conditions. If you do not agree to these terms, you may not use our services.
1. Services provided
Our server monitoring system provides real-time monitoring and alerts for any issues on your servers. We will constantly monitor the performance and availability of your servers, and send alerts to the designated contact in case of any issues. Our system also provides detailed performance reports for troubleshooting and analysis.
Customers are permitted to monitor only the servers that they own or control. It's also essential to keep in mind that monitoring servers will increase the network traffic, both incoming and outgoing. This could lead to additional costs with the hosting companies, as many hosting providers charge for the amount of data transfer. It's advisable for the customers to consult with their hosting companies regarding the monitoring activities to determine if any additional costs will be incurred.
3. Detecting issues
Our service is designed to detect and alert you of potential issues with your servers. However, please note that we do not guarantee that our service will detect all issues. It is ultimately your responsibility to ensure that your servers are running properly.
4. Service availability
While we strive to provide you with the best service possible, there may be times when our service is not available. We do not guarantee that our service will always be available, but we will use best efforts to minimize downtime.
Our service is offered on a monthly or yearly basis. You may choose the plan that best suits your needs. You can download invoices for each billing cycle. In case of non-payment, access to the service will be suspended until payment is received.
The service will automatically be renewed unless the customer cancels their subscription before the end of the current billing cycle. The customer can cancel auto-renewal through their account settings on our website and the cancellation will take effect at the end of the current month. If the customer has subscribed to the yearly payment plan, they will be reimbursed for the remaining months within 30 days. For the monthly payment plan, there will be no reimbursement.
7. Right of revocation
The customer has the right to revoke this agreement within 14 days without giving any reason. The revocation period starts from the date of conclusion of the agreement. To exercise the right of revocation, the customer must inform us of their decision to revoke this agreement by a clear statement (e.g. a letter sent by post or email). To meet the revocation deadline, it is sufficient for the customer to send the notice of revocation before the revocation period has expired.
8. Consequences of revocation
If the customer revokes this agreement, we shall reimburse all payments received from the customer, without undue delay and in any event not later than 14 days from the day on which we are informed about the customer's decision to revoke this agreement. We will carry out such reimbursement using the same means of payment as the customer used for the initial transaction, unless the customer has expressly agreed otherwise. In any event, the customer will not incur any fees as a result of such reimbursement.
Either party may terminate this agreement at any time and for any reason by providing written notice to the other party. Upon termination, the customer will no longer have access to our server monitoring service.
If you cancel a yearly plan, you will receive a refund for the remaining months of your plan. For the monthly plan, please note that we do not provide refunds for the current month.
11. Disclaimer of warranties
Our server monitoring service is provided "as is" and we make no representations or warranties of any kind, express or implied, as to the operation of the service or the information, content, materials, or products included on the service. We do not warrant that the service will be uninterrupted or error-free.
12. Limitation of liability
In no event shall we be liable for any damages, including, but not limited to, direct, indirect, special, incidental, or consequential damages, arising out of or in connection with the use or inability to use our server monitoring service.
The customer agrees to indemnify and hold us, and our affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the customer's use of our server monitoring service.
The customer is not permitted to resell or sublicense our server monitoring service without our prior written consent. Any unauthorized resale of our service will result in immediate termination of this agreement.
15. Intellectual property
Our server monitoring system and all associated materials, including but not limited to software, documentation, and logos, are the intellectual property of our company. The customer is not allowed to copy, modify, distribute, or sell any of our intellectual property without our express written consent. By using our server monitoring system, the customer agrees to abide by these terms of service. If the customer does not agree to these terms, they must stop using our service immediately.
16. Change of Service
We reserve the right to make changes to our server monitoring service at any time and without prior notice. We will make an effort to notify customers of any significant changes that may affect their use of the service.
17. Final provisions
The law of the Federal Republic of Germany applies.
If any provision of these Terms and Conditions is or becomes invalid and/or contradictory to the statutory regulations, the validity of the remaining Terms and Conditions shall not be affected. The ineffective provision shall be replaced by the contractual parties by mutual agreement with such a provision that most closely reflects the economic purpose of the invalid provision in a legally effective manner. The above provision applies accordingly in case of gaps in the regulation.
By using our service, you agree to these terms of service. If you have any questions or concerns, please contact us.