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UptimeProject.io Terms and Conditions

General

These general terms and conditions (hereinafter referred to as “terms”) set out the rights and obligations in connection with the use of the services offered by the Provider Kramer Ventures (hereinafter referred to as “UptimeProject.io” or “provider”) and the UptimeProject.io user in connection with the utilization of the UptimeProject.io services, as well as the further services, applications and functions that are offered by UptimeProject.io, unless explicitly stated otherwise.

The UptimeProject.io terms and conditions solely apply as the exclusive terms and conditions. Contradictory terms or user terms that deviate from these terms shall not be recognized, unless we have recognized and have exclusively and in textform agreed to the validity of such. These terms shall also apply even where with knowledge of contradictory terms or terms of the UptimeProject.io user that deviate from these terms, we continue to provide our services without reservation, to the user.

Contractual Agreement

A legally binding and enforceable contract shall take effect – unless otherwise agreed – upon successful completion of the registration process.

The user has the opportunity to print these terms and conditions (the text of the contract created) at any given time. For this purpose the print function of the respective browser can be used.

The user does not have a claim to the conclusion of a contract. UptimeProject.io reserves the right to refuse the offer of a user to enter into a contract with them, without giving reasons.

UptimeProject.io users must be at least 18 years old to register a UptimeProject.io website. UptimeProject.io shall not knowingly collect information of minors or other persons who by law are not permitted to utilise our service and websites. If we become aware that we have collected personal data of minors, we shall delete this immediately; unless we are legally obligated to retain the data.

If the UptimeProject.io user operates an online store the minimum age is 18 years.

Our Services

UptimeProject.io provides online services which allow UptimeProject.io users to create and manage their own user profile (UptimeProject.io user accounts) for and in order to create, manage and modify their their own UptimeProject.io App(s) (hereinafter referred to as “UptimeProject.io-Apps”). The UptimeProject.io services enable the user to upload and publish their own contents and/or operate an online store.

UptimeProject.io offers various versions of their service. All current specifications for these versions can be found under pricing.

All services provided by the Service Provider free of charge may be discontinued at any time. In such a case the User will not be entitled to claim the continuation of this type of service.

We shall have the right to employ the services of third parties in accordance with the respective legal provisions applicable to UptimeProject.io for service provision and in accordance with the commissioned data processing contract.

In order to expand its service package, UptimeProject.io may offer third-party services that can be integrated into the websites of UptimeProject.io users. Type and scope of utilisation shall also be based on the respective general terms and conditions and the privacy statement of the third-party service provider to which we make separate reference. These third-party services shall be utilised at the risk of the user; UptimeProject.io shall not be liable for any damages incurred through using services of third-party providers. Before third-party services are integrated/linked, you should always check the privacy statement and terms and conditions of the relevant third-party service provider, as the integration may allow the third-party provider access to your personal data.

UptimeProject.io reserves the right to complement, extend, change, suspend, discontinue or improve the services offered, in particular where such measures will improve the technological standard of the services or are deemed necessary for preventing abuse. Such modifications may lead to changes in the appearance of the UptimeProject.io Pages. UptimeProject.io shall only make such modifications that it deems reasonably acceptable for the UptimeProject.io User or if their implementation is required by law or technological advancement.

Personal/User Data

The UptimeProject.io user confirms that all the personal data provided by them is true and complete. UptimeProject.io reserves the right to request appropriate proof of identity on a case by case basis.

The UptimeProject.io user is obliged to keep their personal “contact” information up to date at all times.

The UptimeProject.io user is required to maintain strict confidentiality regarding all login data, identification, and passwords in order to prevent third parties from accessing their login data. In the event that the UptimeProject.io user has reason to believe or suspects that third parties have obtained or may have obtained unauthorized login data, identification, or passwords, they shall inform UptimeProject.io immediately and change their login data.

UptimeProject.io users shall agree to receive electronic communication from UptimeProject.io for contractual purposes (e.g. invoices, important contractual information or significant technical changes). It is therefore very important that UptimeProject.io account data (“account”) is kept up-to-date. UptimeProject.io shall accept no liability or responsibility should you fail to receive an email notification because the email address is incorrect/invalid. UptimeProject.io users can revoke their consent to receive this information electronically in the future by contacting UptimeProject.io (support@uptimeproject.io) at any time. In this case however UptimeProject.io shall reserve the right to close your UptimeProject.io account pursuant to point 14 and/or 3.3 of these terms.

General UptimeProject.io user Obligations

The UptimeProject.io user is responsible for all TCP and UDP traffic sent their UptimeProject.io-Monitor(s). The provider (UptimeProject.io) is under no obligation to inspect the UptimeProject.io sites of the UptimeProject.io users with regard to violations of law.

The UptimeProject.io user is responsible for complying with all laws that apply to them and their end-users, within the applicable jurisdiction, as well as the regulations of the Netherlands. This also applies explicitly to any additional legal regulations regarding the operation of an online store.

## Blocking Access to your Account

UptimeProject.io reserves the right to block access to our services either temporarily or permanently if there are concrete indications that the UptimeProject.io user has violated or shall violate these terms and conditions and/or the law, or if UptimeProject.io has a legitimate interest in blocking access.

Furthermore a blocking of the UptimeProject.io access can occur if the user is more than 30 days in default on their payment. In that case UptimeProject.io is also entitled to apply for the deletion of the user’s’ domain name(s) at the respective registrar.

In deciding as to whether access shall be blocked, the legitimate interests of all parties shall be considered as appropriate.

Service Disruption

UptimeProject.io endeavors to ensure the best possible availability of the UptimeProject.io services. The UptimeProject.io user acknowledges however, that for technical reasons as well as due to the Service Provider’s dependence on external factors, (e.g. unavailability of telecommunications networks, electricity outages, hardware and/or software failure etc), the uninterrupted availability of individual UptimeProject.io-Monitors cannot be guaranteed. The UptimeProject.io user can therefore not assert a claim for continual access to the UptimeProject.io-Monitors. Access restrictions of a temporary nature shall not constitute grounds for warranty claims nor a right to extraordinary termination.

As regards the fee based services provided by UptimeProject.io, UptimeProject.io guarantees within the sphere of our responsibility an availability of 98% throughout the year. Regular maintenance, which can amount to up to 4 hours per week is not included in the aforementioned, calculated availability. We aim to keep the maintenance times as short as possible.

Terms of Payment

For the use of the fee-based Packages as well as optional extra services/ services from third party providers charges shall apply that shall be due in advance for a complete contractual period.

All payment methods possible shall be displayed to the user in the product information and/or during the checkout and ordering process.

Invoices for users of the UptimeProject.io fee-based packages and services shall be provided to the user electronically, in pdf form.

The respective invoiced amount is due in full to UptimeProject.io 14 days after the invoice has been deemed to have been received, unless otherwise agreed in text form.

The relevant day to determine the timeliness of payment is the day at which the amount is received by, or credited and completely available to UptimeProject.io.

UptimeProject.io processes all payments via external payment processors, including (but not limited to) ChargeBee, Paypal and Stripe. The UptimeProject.io user agrees that UptimeProject.io payments shall only be accepted via these payment processors and that they correspondingly permit the processor concerned to charge the amount concerned. Where bank transfers are concerned, this payment must be directed to the stated payment processor.

If the UptimeProject.io contract includes a payment method for the automatic deduction of contract extension costs, UptimeProject.io shall automatically deduct the invoice sum due on the day of contract extension subject to the corresponding consent of the UptimeProject.io user. By selecting the payment method the UptimeProject.io user consents to automatic deduction.

Where payment is made via bank transfer the specific purpose “reason for payment” supplied by UptimeProject.io must be entered on the bank transfer. If the UptimeProject.io user sends a bank transfer with another purpose or the wrong purpose then they are obligated to inform UptimeProject.io immediately and send UptimeProject.io evidence of proof of payment. This proof of payment must include the following details: The bank number concerned (IBAN of the sender), the name of the account holder, the payment date (Timezone), the amount, the purpose/reason for payment as entered on transfer form) as well as the bank number(recipient’s IBAN). The burden of proof as concerns payment lies solely with the UptimeProject.io user.

UptimeProject.io, the provider is also entitled to deactivate/block the user’s website(s) and prevent their access where the charges due are not paid.

UptimeProject.io does not accept any liability for losses, damages or loss of revenue that may be caused by the blocking of a UptimeProject.io Site due to incomplete or delayed payment, as long as the failure or delay can be attributed to the UptimeProject.io user.

Payments are due in the respective national currency i.e. EURO or USD.

Discounts and other actions can only be applied to the first term of a contract, unless otherwise stipulated. The current, applicable price shall apply to all contract renewals. We may change our offer and prices from time to time. In the event of such a change all existing, fee based contract holders shall be provided with a 6 week notice period and the changes shall take effect from the beginning of the next contractual period. If the UptimeProject.io user does not object to these changes within 6 weeks of the receipt of this change-notification and continues to use the UptimeProject.io services subsequent to the expiration of the deadline, the changes announced in the notification shall be deemed to be effectively agreed to. In the notification message we shall inform the user as to their right of objection, as well as the consequences of such an objection.

All prices include VAT. The applicable VAT rate shall be shown on the invoice. If the UptimeProject.io user i.e. the corresponding company is not based in the Netherlands, but rather in the EU, the UptimeProject.io user shall receive an invoice in which the VAT is not shown. In that case the UptimeProject.io user shall enter a (valid) VAT identification number with their UptimeProject.io fee-based package order. In that case the UptimeProject.io user is responsible for the taxation (reverse charge procedure). UptimeProject.io user outside of Europe as well as in Switzerland receive a net amount invoice.

Chargebacks

Should a payment be back-posted by the UptimeProject.io user, we shall reserve the right to block the corresponding UptimeProject.io monitor(s) and/or the relevant UptimeProject.io account and to terminate the associated contract(s).

Resumed use of the UptimeProject.io app and/or the UptimeProject.io account shall only be possible once all outstanding sums have been settled.

Charges that UptimeProject.io incurs via a chargeback from a UptimeProject.io user, denial of payment or via the opening of a dispute claim, may be invoiced to the user. Should the UptimeProject.io user have questions regarding a payment they may contact the customer support teams in advance.

Should problems occur that prevent the collection/charging of the invoiced amount, UptimeProject.io reserves the right to only offer certain payment methods for the payment of the invoice.

Right of Revocation

Consumers are generally entitled to a right of revocation. Further information can be found in our Cancellation Policy.

In the event of a revocation of the contract by the UptimeProject.io user, payments received from the user shall be returned without delay and at the latest within 14 days from the receipt of the revocation. We will return your payment using the same payment method that you originally used to pay for your UptimeProject.io package.

Contracts and Cancellations

A free UptimeProject.io monitor can be deleted by the user at any time using the settings and/or the menu on the respective uptimeproject.io website. A UptimeProject.io account can be deleted by the UptimeProject.io user via the account settings.

Unless stipulated otherwise in the respective service description, the contract for the chargeable packages shall be extended by the same originally agreed period if the contract is not terminated one month prior to the end of the respective term.

Cancellations can be directly submitted by the UptimeProject.io user via https://app.uptimeproject.io/

Fees paid in advance shall not be refunded upon termination of the contract or deletion of the site prior to the end of the contract period.

The UptimeProject.io user has the possibility to change their current package. An upgrade or downgrade to another package is possible at any time.

UptimeProject.io may terminate the contracts with the UptimeProject.io user unilaterally and without stating reasons by giving at least three month’s notice. In such a case UptimeProject.io will refund any fees paid by the User in advance on a pro rata basis.

Either party’s mutual right to extraordinary termination for serious reasons remains unaffected.

In particular we shall have the right to terminate the contractual relationship with no notice period if circumstances allow the assumption that the UptimeProject.io user has intentionally or negligently committed “illicit activities” pursuant to point 6 and 13 of these terms or has breached other obligations of these terms. Such a breach and/or non-compliance can also result in further civil and criminal consequences for the UptimeProject.io user. Instalments paid in advance shall not be reimbursed in this case. The UptimeProject.io user shall be entitled to demonstrate that non-reimbursement is “unreasonable” in its case.

After termination of the contraction relationship we are no longer obligated to provide the contracted services. We can delete all data of the UptimeProject.io user that are located on our services. Transferring the user’s complete UptimeProject.io App to the servicer of a third party is not possible. It is therefore the responsibility of the UptimeProject.io user to store and backup the data in a timely fashion.

In addition to the rights granted by UptimeProject.io pursuant to these general terms and conditions, UptimeProject.io can take further action if UptimeProject.io ascertains that a security breach on the app of a UptimeProject.io user could lead to unauthorised disclosure of customer information, or can request that the UptimeProject.io user provides UptimeProject.io with information concerning such a breach.

Privacy Policy and Data Protection

We shall ensure that personal data of UptimeProject.io users is only collected, stored and processed to the extent required to render our services and to the extent permitted by legal provisions or instructed by legislators. Further information on data processing and data protection is provided in the UptimeProject.io data protection declaration. This is available here.

Where the data protection and privacy permission declaration of the user is collected within the framework of our services, said user shall be informed that they can revoke this declaration with effect for the future, at any time.

Within the context of the respective data protection laws, the UptimeProject.io user is the Client and/or the controller pursuant to Art. 4 No. 7 DGPR as regards all personal data processed by UptimeProject.io as processor through the services rendered by UptimeProject.io. The UptimeProject.io user shall satisfy the requirements of the data protection legislation applicable to data controllers as regards the use of UptimeProject.io services and in connection with these general business terms, as well as in connection with the contract provided by UptimeProject.io concerning commissioned data processing.

A service such as UptimeProject.io is subject to continuous change as regards the processing of data, the engagement of third-party providers or services. UptimeProject.io is constantly looking for ways to improve its services for UptimeProject.io users. In this context we may also change details of data processing through our websites. UptimeProject.io shall inform the Client and/or the UptimeProject.io user in good time in the event of a scheduled change of a relevant subcontractor or in the event of a scheduled commissioning of a new subcontractor, as described in the commissioned data processing contract (“information”). Should the Client object to this change, the Contractor can terminate the contractual relationship with the Client with a notice period of at least 14 days to the end of a calendar month. With such notice period the Contractor shall give appropriate consideration to the interests of the Client. If no objection of the Client is received within three weeks of receiving the “information”, the change and/or new engagement of the relevant subcontractor shall be deemed approved by the Client.

Respective current information on the purpose, type and scope of the collection, processing and use of personal data is available in the data protection notice, which can be retrieved at any time via the “Data Protection“ link, as well as in the commissioned data processing contract.

Limitations of Liability

In cases of premeditation we, UptimeProject.io shall be liable for all damages caused by us.

In cases of minor negligence we are only liable for damage resulting from death, physical injury or harm to human health.

Incidentally we are only liable insofar as we have violated an essential contractual obligation. Essential contractual obligations refers abstractly to such obligations, whose fulfillment enables the proper performance of the contract and the fulfillment of such is regularly relied upon by the user. In such cases liability is limited to the replacement of foreseeable, typically occurring damage and at a maximum is restricted to the to the equivalent amount of a yearly user fee for the UptimeProject.io site affected.

Insofar as our liability under the foregoing provisions is excluded or limited, this shall also apply to our agents.

Liability under the Product Liability Act remains unaffected.

Concluding Provisions

The law of the Netherlands( with the exclusion of UN international trade law) apply – as far as is legally permissible- to the legal relationship between UptimeProject.io and the UptimeProject.io user.

If the user is a merchant, legal body of the public law, or special property under public law, the jurisdiction for all conflicts deriving from this contract is the court of jurisdiction for the business location of UptimeProject.io.

If individual regulations of these terms and conditions of use should be ineffective or become ineffective, that does not affect the legal enforcement of the remaining regulations.

In the event of any deviations resulting from the translation, the formulation of these terms of service set forth in the German version shall prevail.

UptimeProject.io retains the right to effectively change these terms and conditions at any time, also within the current contractual relationships. The user shall be informed as to such changes at least 6 weeks before the planned date of the entry into force of such changes. If the UptimeProject.io user does not object to these changes within 6 weeks of the receipt of this notification and continues to use the UptimeProject.io services subsequent to the expiration of the deadline, the changes announced in the notification shall be deemed to be effectively agreed to. In the notification message we shall inform the user as to their right of objection, as well as the consequences of such an objection. In cases of objection to these changes UptimeProject.io retains the right to terminate the contractual relationship with the user to the date of entry into force of the announced changes.

For settling consumer disputes out-of-court, the European Union offers a platform for online dispute resolution (“ODR platform“) at https://ec.europa.eu/consumers/odr/. Please be aware that UptimeProject.io is not obligated and currently not willing to participate in this alternative, online dispute resolution platform.


Cancellation Policy

Not happy with your UptimeProject.io subscription? We are sorry to see you go. You can cancel your service contract and receive a full refund within 14 days of your initial purchase. You do not need to provide a reason, though we always appreciate hearing what we could have done better.

Please contact our Customer Support Team to cancel your contract. Cancellation requests must be received in writing, to support@uptimeproject.io

Your cancellation request must be received in writing within 14-days of the initial purchase in order for you to receive your refund. After the 14-day window, you may cancel your contract at any time, but no refund will be provided.

Effects of cancellation

If you cancel your contract within the 14-day window, we will process your refund within two weeks of receiving your request. We will return your payment using the same payment method that you originally used.

Once the cancellation is completed, UptimeProject.io will delete all data associated with the user, including their UptimeProject.io projects.