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Document
Terms
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https://updown.io/tos
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TL;DR
Use updown for good, not evil.
We're not responsible if something fails.
It's a pay-as-you-go service, no monthly fees, no commitment.
If you have any questions, ask support@updown.io.
Terms of service
Terms of ServicePrivacy PolicyDPA
Full terms
By using the updown.io web site ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity.
Use of Your updown Account
You must use a valid email address for your updown account.
You must not use the Service for any illegal or abusive purposes.
You are solely responsible for the security of your account.
You own or have authorization to use our service from the legal owner of the URL(s) to be monitored by updown.
Our service shall only be used in accordance with any and all applicable laws and regulations.
Privacy and Data Protection
Our handling of personal data is described in the Privacy Policy.
Where updown processes personal data on your behalf (as your "processor" under Article 28 of the GDPR), our Data Processing Agreement applies and is incorporated into these Terms of Service. By accepting these terms you also accept the Data Processing Agreement; no separate signature is required.
You are responsible for having a lawful basis for the data collected by your monitors and for not routing sensitive personal data through the service.
Payment and Billing
The updown Service is a pay-as-you-go service. You pay in advance for an amount of credits. You can then use your purchased credits at any time.
There is no monthly fee and no commitment. You can stop paying at any time, your account will simply be disabled when you run out of credits.
The first 100,000 credits of a new account are free of charge and act as a free trial period.
Your will never be charged automatically unless you explicitly allowed us to.
Refund Policy
You may ask for a refund or free credits by sending an email to support@updown.io. The email needs to contain any information required to identify your updown account (github screenname, email, etc.).
Cancellation and Termination of Service
You may at any time close your updown account. All your data will be removed excluding your authentication id (anonymous) to keep track of your free credits amount.
Any abuse of the Service will lead to termination of your account. updown reserves the right to decide what is considered abuse of the Service.
API Usage
The updown API is provided “as is” and “as available”.
The API is subject to change and may be modified from time to time.
You must not use an excessive amount of API requests and querying. What is considered excessive is decided at the sole discretion of updown.
updown reserves the right to limit the amount of allowed requests to the API (throttling).
updown reserves the right to block the use of the API entirely for specific accounts or IP addresses if they are deemed by updown to be using the API in an excessive manner.
Intellectual Property
The source code and the website architecture are protected by copyright. Any use of these elements are prohibited unless prior written consent.
Some parts of the source code are open source and available at: github.com/jarthod.
"updown" is a registered trademark. Any commercial use of the "updown" trademark are prohibited unless prior written consent.
Changes to Terms of Service
These Terms of Service may be updated from time to time without prior notice. The current Terms of Service are always available at https://updown.io/tos
Disclaimer
The updown Service is provided “as is” and “as available”.
updown reserves the right to modify the Service from time to time at any time, including adding and removing features.
updown reserves the right to discontinue the Service at any time after a notice via email.
updown reserves the right to change the prices for the Service and any connected extra services at any time.
updown gives no warranties regarding the correctness of the data collected with the Service or any potential corruption or loss of such data.
Limitation of Liability
You expressly understand and agree that updown shall not be liable for any damages resulting from the use of the updown service.
Any decisions or claims you make based on data from the updown Service are your sole responsibility. updown shall not be held liable for any such decisions or claims.
In no event shall updown's total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this site.
Indemnification
You agree to indemnify, defend and hold harmless updown and its officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs arising from your use of the updown service, your violation of the terms of use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
You agree to immediately notify updown of any unauthorized use of your account or any other breach of security known to you.
Other
If any part of this Terms of Service would be determined by any competent authority to be invalid, unlawful or unenforceable, the remainder of the Terms of Service shall continue to be valid and enforceable to the fullest extent permitted by law.
Applicable law
This contract shall be governed by the law of France. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be solved by a court in France.
Contact
support@updown.io	OR	+33 (0)6 67 53 42 68	OR
Adrien Rey-Jarthon (EI)
383 route de Choudans
01630 St-Jean-de-Gonville, France