Terms of Use for UPTIME

1. Acceptance of Terms

By accessing or using UPTIME (“Service”), operated by Syntrex Digital Limited, you agree to comply with these Terms of Use (“Terms”). These Terms constitute a legally binding agreement between you (“User”) and Syntrex Digital Limited, a company registered in Cyprus.
If you do not agree to these Terms, you must refrain from using the Service. Continued use of the Service constitutes your acceptance of these Terms, including compliance with applicable data protection laws, limitations of liability, and the acceptable use policy outlined herein.

2. Description of Service

UPTIME provides tools to monitor website availability, performance, and speed, aiming to assist users in identifying issues affecting their websites’ operations. The Service includes:

  • Regular monitoring of website uptime and performance.
  • Alerts and reports about detected issues.
  • Visibility into potential areas of concern, such as slow response times or downtime.

Important Notes:

  1. Scope of Service: UPTIME does not provide direct solutions or implement fixes for identified issues. Our Service is limited to identifying and highlighting potential problems based on the capabilities of our monitoring systems.
  2. Reliance on User Access: The effectiveness of the Service depends on unobstructed access to user websites. If access is restricted by hosting providers, network configurations, or user actions, UPTIME cannot ensure uninterrupted functionality.

3. Prohibited Uses

By using UPTIME, you agree not to engage in the following prohibited activities:

  1. Illegal Activities
    • Using the Service to support or facilitate any illegal activity, including but not limited to hacking, fraud, or other cybercrime.
  2. Unauthorized Access or Distribution
    • Attempting to gain unauthorized access to other users’ accounts, data, or systems connected to the Service.
    • Sharing, redistributing, or reselling UPTIME’s tools or data without explicit authorization.
  3. Disruption or Misuse
    • Intentionally disrupting or overloading our systems.
    • Using the Service to harm or interfere with the operation of other websites or networks.
  4. Violation of Intellectual Property
    • Copying, modifying, or reverse-engineering any component of the Service without prior written consent.
  5. Harmful Content or Actions
    • Uploading, sharing, or transmitting any malicious software, viruses, or harmful code via the Service.

3.1 Termination for Violations

We reserve the right to suspend or terminate your account if prohibited activities are detected. Termination may occur immediately, with or without notice, at our sole discretion.

3.2 Termination Without Cause

We also reserve the right to terminate our agreement with any user for any reason or no reason at all, provided that such termination does not violate applicable laws.

4. Compliance with Data Protection Laws

UPTIME is committed to complying with all relevant data protection laws, including:

  1. General Data Protection Regulation (GDPR) for users located in the European Economic Area (EEA).
  2. California Consumer Privacy Act (CCPA) for users located in California, USA.
  3. Other Applicable Laws
    • Any other data protection or privacy regulations in jurisdictions where the Service is provided.

4.1 User Rights Under GDPR and CCPA

GDPR (European Users)

  • Users have the right to access, correct, or delete their personal data.
  • Users can request data portability or restrict processing.
  • Complaints can be filed with the supervisory authority in the EEA country of residence.

CCPA (California Users)

  • Users can request details about personal data collection and request deletion of their data.
  • Users can opt out of the sale of personal data (UPTIME does not sell user data).
  • Requests can be submitted via [[email protected]].

4.2 Data Retention

Personal data is retained only as long as necessary to provide the Service or comply with legal obligations.

4.3 Data Sharing

  • UPTIME may share data with third parties for payment processing or under legal requests from law enforcement.
  • UPTIME ensures compliance with GDPR and CCPA in all data-sharing practices.

4.4 Data Breach Notification

In the event of a data breach involving personal information, UPTIME will notify affected users as required by applicable laws.

5. Liability and Disclaimers

  1. Limited Warranty: UPTIME is provided “as is” without any express or implied warranties, including but not limited to fitness for a particular purpose, accuracy, or availability.
  2. Limitation of Liability: UPTIME shall not be liable for any direct, indirect, incidental, or consequential damages resulting from the use or inability to use the Service.
  3. Third-Party Dependencies: UPTIME relies on external providers for payment processing, and disruptions or errors caused by these providers are beyond our control.

6. Payment Terms

  1. Billing: Subscriptions are billed monthly or annually in advance.
  2. Grace Period: If an invoice remains unpaid after 7 days, access to the Service may be suspended.
  3. Refund Policy: Refunds are granted only in cases of service failure caused by UPTIME’s negligence.

7. Dispute Resolution

All disputes shall be governed by the laws of Cyprus, and exclusive jurisdiction shall lie with the courts of Cyprus.

8. Legal Requests and Investigations

UPTIME may disclose user data to authorities upon receipt of a valid legal request. Users will be notified unless prohibited by law.

9. Contact Information

For inquiries:
Email: [email protected]
Address: Syntrex Digital Limited, APOSTOLOU ANDREA 96, MOUTAGIAKA, CY-4527, Cyprus