Terms of Service

1. Agreement to Terms

By accessing or using AmIUp (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you (either as an individual or on behalf of an entity) and AmIUp ("AmIUp," "we," "our," or "us") regarding your use of the Service.

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through a prominent notice on the Service. Your continued use after changes take effect constitutes acceptance of the modified Terms.

2. Description of Service

AmIUp provides website uptime monitoring and on-site internet connectivity monitoring services, including:

• Automated monitoring of website availability and performance (HTTP checks, response times, status codes)
• On-premise agent software for monitoring local internet connectivity and network health
• Real-time alerts via email when outages or connectivity issues are detected
• Dashboard access to view monitoring status, historical data, and analytics
• Optional daily summary emails confirming operational status

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Service.

3. Account Registration and Eligibility

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use the Service. By using the Service, you represent and warrant that you meet these requirements.

3.2 Account Creation

To use the Service, you must:

• Provide accurate, current, and complete information during registration
• Maintain and update your account information to keep it accurate and complete
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account

You are responsible for all activities that occur under your account, whether or not authorized by you. We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Business Accounts

If you register on behalf of a business or entity, you represent that you have authority to bind that entity to these Terms. In such cases, "you" refers to both you individually and the entity.

4. Acceptable Use

4.1 Permitted Use

You may use the Service only for its intended purpose:

• Monitoring your own websites and online services
• Monitoring internet connectivity at locations you own or have permission to monitor
• Receiving alerts and viewing dashboard data related to your monitored resources

4.2 Prohibited Activities

You agree NOT to:

• Monitor unauthorized resources: Monitor websites, servers, or networks you do not own or have explicit permission to monitor
• Abuse the Service: Use the Service to conduct denial-of-service attacks, penetration testing, or any malicious activity
• Circumvent limits: Attempt to bypass monitoring frequency limits, rate limits, or other technical restrictions
• Share accounts: Share your account credentials with unauthorized third parties
• Reverse engineer: Decompile, reverse engineer, or attempt to extract source code from our agents or Service
• Resell: Resell, sublicense, or redistribute the Service without our written permission
• Violate laws: Use the Service in violation of any applicable laws or regulations
• Harm the Service: Interfere with or disrupt the Service, servers, or networks connected to the Service
• Infringe rights: Violate intellectual property rights, privacy rights, or other rights of third parties

4.3 Monitoring Frequency

Our standard monitoring interval is 5 minutes. Excessive monitoring requests or attempts to reduce this interval without authorization may result in account suspension.

5. Billing and Payments

5.1 Pricing

Our current pricing structure is:

• $9/month base plan (includes 1 website + 1 location)
• $6/month for each additional website
• $5/month for each additional location

Prices are subject to change with 30 days' notice. Price changes will not affect your current billing cycle but will apply to subsequent renewals.

5.2 Payment Processing

Payments are processed securely through Stripe. By providing payment information, you authorize us to charge your payment method for all fees incurred. You are responsible for providing accurate and up-to-date payment information.

5.3 Billing Cycle

Subscriptions are billed monthly in advance. Your billing cycle begins on the date of your first payment and renews automatically each month unless canceled.

5.4 Failed Payments

If a payment fails, we will attempt to process it again. If payment continues to fail, your account may be suspended after 7 days. You will receive email notifications before suspension. Your account will be reactivated once payment is successfully processed.

5.5 Refunds

We offer a 14-day money-back guarantee for first-time subscribers. Refunds for subsequent billing periods are provided at our discretion on a case-by-case basis. To request a refund, contact us at billing@amiup.com.

5.6 Taxes

Prices do not include applicable sales tax, VAT, or other taxes. You are responsible for paying any taxes associated with your subscription. We will collect and remit taxes where required by law.

6. Cancellation and Termination

6.1 Cancellation by You

You may cancel your subscription at any time from your account settings or by contacting support. Cancellation takes effect at the end of your current billing period. You will retain access to the Service until that date. No refunds will be provided for partial billing periods unless covered by our money-back guarantee.

6.2 Termination by Us

We may suspend or terminate your account immediately if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent or illegal activity
• Fail to pay amounts due for more than 14 days
• Use the Service in a manner that risks harm to us or other users

We will provide notice before termination where reasonably possible, except in cases involving fraud, security threats, or legal requirements.

6.3 Effect of Termination

Upon termination, your access to the Service will cease immediately. We will retain your data for 90 days after termination, after which it will be permanently deleted. You may request a data export before termination by contacting support.

7. Service Level and Uptime

7.1 Service Availability

We strive to maintain 99.9% uptime for our monitoring infrastructure. However, the Service is provided "as-is" and we do not guarantee uninterrupted or error-free operation.

7.2 Scheduled Maintenance

We may perform scheduled maintenance that temporarily interrupts the Service. We will provide advance notice of scheduled maintenance when possible, typically via email or dashboard notification.

7.3 No Guarantee of Detection

While we make every effort to detect outages promptly, we do not guarantee that all outages will be detected or that alerts will be delivered without delay. Factors beyond our control (email delivery issues, network problems, etc.) may affect alert delivery.

8. Intellectual Property

8.1 Our Rights

AmIUp and its associated logos, design, content, and features are owned by AmIUp and protected by copyright, trademark, and other intellectual property laws. You may not use our trademarks, branding, or copyrighted materials without written permission.

8.2 Your Rights

You retain all rights to your data (website URLs, business information, etc.). By using the Service, you grant us a limited license to use your data solely to provide the Service to you.

8.3 Agent Software License

Our on-premise agent software is licensed to you for use only in connection with the Service. You may install the agent on devices you own or control, but you may not redistribute, modify, or reverse engineer the agent software.

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key points:

• We collect only the data necessary to provide the Service
• We do not sell your data to third parties
• We comply with GDPR, CCPA, and other data protection laws
• You have rights to access, correct, and delete your data

10. Disclaimers and Limitations of Liability

10.1 "AS-IS" Disclaimer

THE SERVICE IS PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AMIUP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

10.3 Basis of Bargain

These limitations reflect the allocation of risk between the parties. The limitations will apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations of liability, so these limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless AmIUp, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of third parties
• Your violation of any applicable laws or regulations

12. Dispute Resolution

12.1 Informal Resolution

Before filing a formal claim, you agree to contact us at legal@amiup.com to attempt to resolve the dispute informally. We will work in good faith to resolve disputes amicably.

12.2 Arbitration Agreement

Any dispute that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration will take place in [Your State/Country]. Each party will bear its own costs of arbitration.

Exception: Either party may bring a claim in small claims court if it qualifies. You may opt out of this arbitration agreement by notifying us in writing within 30 days of first accepting these Terms.

12.3 Class Action Waiver

You agree to bring claims against us only in your individual capacity, and not as part of a class action or representative proceeding. This waiver does not apply where prohibited by law.

13. General Provisions

13.1 Governing Law

These Terms are governed by the laws of [Your State], United States, without regard to conflict of law principles. For users outside the United States, local consumer protection laws may also apply.

13.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and AmIUp regarding the Service and supersede all prior agreements and understandings.

13.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

13.4 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

13.5 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.

13.6 Force Majeure

We are not liable for any failure to perform our obligations due to events beyond our reasonable control, including natural disasters, acts of government, cyberattacks, or infrastructure failures.

14. Contact Information

For questions about these Terms of Service, please contact us: