Terms of Service

Introduction

These Terms of Service (the “Terms”) govern your use of the cloud-hosted software as a service WebSignal (the “Service”) provided by WebSignal Ltd. (the “Company”). By using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

Description of Service

The Service is a cloud-hosted software as a service platform that enables users to access and use certain software and services provided by the Company. The Company may update or change the Service from time to time, and may add or remove features or functionality.

Eligibility

You must be at least 18 years of age, or the legal age of majority in your jurisdiction, to use the Service. By using the Service, you represent and warrant that you have the legal right and ability to enter into these Terms and to use the Service in accordance with these Terms.

Accounts and Security

You may need to create an account to use the Service. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are also responsible for all activities that occur under your account. If you suspect that any unauthorized person may be using your account, you should contact the Company immediately.

Use of Service

You agree to use the Service only for lawful purposes and in accordance with these Terms. You may not use the Service for any illegal or unauthorized purpose, or in any way that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service. You may not use the Service to transmit any viruses, malware, or other harmful code, or to engage in any other activity that is harmful to the Service or any other person or entity.

Persistently Failing Monitors

You are responsible for the monitors you configure, including keeping target addresses current and ensuring that the Service is permitted to reach them. A monitor may fail every check continuously for reasons unrelated to the availability of your systems, for example because the target address no longer exists, because the target blocks automated requests, or because the monitor was created for testing and never removed.

Where a monitor fails every check continuously and no corrective action is taken, the Company may progressively reduce the frequency at which that monitor is checked, and may ultimately pause it, in accordance with the following schedule:

The Company will notify you by email before each of these changes takes effect, at the address associated with your account. Each notice will identify the affected monitor, the change to be made, and the steps required to prevent it.

These measures apply only to a monitor that is failing every single check. If the monitor succeeds at any point, or you correct its configuration, it returns immediately to your configured interval and the schedule above starts again from the beginning. Pausing a monitor does not delete the monitor or any of its historical check data, and you may resume a paused monitor at any time from your account or by contacting the Company.

The Company applies these measures to protect the capacity of the shared platform and to preserve the accuracy of availability reporting, which sustained checking of permanently unreachable targets would otherwise distort.

Intellectual Property Rights

The Service and all rights, titles, and interests in and to the Service are owned by the Company or its licensors. These Terms do not grant you any rights to use the Service, including any intellectual property rights, except as expressly set forth in these Terms.

Service Level Agreement (SLA)

The Company guarantees that the Service will have an uptime of 99.95% per month, calculated on a monthly basis. In the event that the Service does not meet this uptime guarantee, you may be eligible for a credit towards your next billing period. This credit will be calculated as a percentage of the monthly fee for the Service, based on the amount of time that the Service was unavailable.

Termination and Suspension

The Company may terminate or suspend your use of the Service at any time, without notice, for any reason, including if you breach these Terms. Upon termination or suspension, your right to use the Service will immediately cease.

Disclaimer of Warranties

The Service is provided “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company makes no warranty that the Service will be available, timely, secure, or error-free.

Limitation of Liability

The Company shall not be liable for any damages resulting from your use of the Service, including, but not limited to, direct, indirect, special, incidental, or consequential damages.

Governing Law and Jurisdiction

These Terms are governed by the laws of the state of Ireland, without regard to its conflict of laws provisions. Any dispute arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in Dublin, Ireland.

Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding the use of the Service. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Changes to the Terms

The Company may make changes to these Terms from time to time. When these changes are made, the Company will provide notice to you by updating the “Last Updated” date at the top of these Terms. Your continued use of the Service after any changes have been made will constitute your acceptance of the new terms.

Contact Information

If you have any questions about these Terms or the Service, please contact the Company at info@websignal.io.