Terms of Service

1. Acceptance of Terms

By creating an account or using the UpNest platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you may not access or use the Service. These Terms constitute a legal agreement between you ("User", "you") and UpNest ("we", "us", "our").

2. Description of Service

UpNest is a cloud-based uptime monitoring platform that allows you to monitor the availability and performance of websites, APIs, DNS, SSL certificates, ports, ping, and scheduled jobs. The Service includes real-time alerts, incident management, status pages, team collaboration, and reporting features.

3. Accounts & Registration

You must provide accurate information when creating an account. You are responsible for maintaining the security of your account credentials and for all activities that occur under your account. You must be at least 16 years of age to use the Service. You agree to notify us immediately of any unauthorized use of your account.

4. Subscriptions & Billing

UpNest offers paid subscription plans (Base, Pro, and Business). Subscriptions are billed monthly or annually through our payment processor, Stripe. All prices are in Euros (EUR) and exclude applicable taxes unless otherwise stated.

• Subscriptions renew automatically at the end of each billing period.
• You may cancel your subscription at any time through the billing portal; access continues until the end of the current billing period.
• Refunds are handled on a case-by-case basis within 14 days of initial purchase.
• We reserve the right to change pricing with 30 days' notice to existing subscribers.
• New accounts may include a 14-day free trial; the trial converts to a paid subscription unless cancelled before it ends.

5. Acceptable Use

You agree not to use the Service to:

• Monitor targets you do not own or have authorization to monitor.
• Generate excessive traffic that constitutes a denial-of-service attack.
• Attempt to circumvent rate limits, plan restrictions, or security controls.
• Transmit malware, phishing content, or spam through status pages or alert channels.
• Resell, redistribute, or sublicense the Service without our written consent.
• Violate any applicable law, regulation, or third-party rights.

We reserve the right to suspend or terminate accounts that violate these terms.

6. Service Availability & SLA

We strive to maintain high availability for the UpNest platform. However, we do not guarantee 100% uptime and are not liable for interruptions caused by scheduled maintenance, third-party service failures, force majeure events, or factors beyond our control. Planned maintenance windows will be announced in advance where possible.

7. Data Ownership & Intellectual Property

You retain ownership of all data you submit to the Service ("Your Data"). By using the Service, you grant us a limited license to process Your Data solely to provide and improve the Service. We own all rights to the UpNest platform, including its code, design, branding, and documentation.

8. Data Retention & Deletion

Monitoring data (check results, incidents, alerts) is retained according to your plan's data retention period (30, 60, or 90 days). When you delete your account, all associated data is permanently removed within 30 days. You may export your data at any time through the data export feature in your account settings.

9. Limitation of Liability

To the maximum extent permitted by law, UpNest shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from or related to your use of the Service. Our total liability shall not exceed the amount paid by you in the twelve (12) months preceding the claim.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that detected downtime of your monitored targets will always be accurate.

11. Termination

Either party may terminate the agreement at any time. You can cancel your subscription and delete your account through the settings page. We may suspend or terminate your account for violation of these Terms, non-payment, or prolonged inactivity (12+ months on an expired or cancelled plan) with 30 days' written notice.

12. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or an in-app notice at least 14 days before the changes take effect. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the European Union and the member state where UpNest is incorporated. Any disputes shall be resolved in the competent courts of that jurisdiction, without prejudice to mandatory consumer protection laws that may apply in your country of residence.

14. Contact

If you have questions about these Terms, please contact us at legal@upnest.io.