Terms

Created on 30 January, 2024 • 1,601 views • 13 minutes read

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER "YOU" OR "YOUR") AND THE APPLICABLE SocioStacks CONTRACTING ENTITY LISTED HERE (HEREINAFTER "SocioStacks") GOVERNING YOUR USE OF UpTime-SocioStacks SERVICE (HEREINAFTER "UpTime-SocioStacks").

Description of Service

SocioStacks currently offers UpTime-SocioStacks Service as both free and paid service. The Service enables you to monitor websites, applications, servers, network devices, etc.. You agree to obtain prior verifiable permission from the owners of such resources that are being monitored using the Service.

Subscription to UpTime-SocioStacks Service

You may subscribe to UpTime-SocioStacks Service by completing the registration process at the UpTime-SocioStacks website. SocioStacks reserves the right to modify or discontinue, at any time and from time to time, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that SocioStacks shall not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of the Service for any reason.

In consideration of your use of the Service, you agree to: a) provide true, accurate, current and complete information about yourself as prompted by the Registration Process; and b) maintain and promptly update your Registration data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if SocioStacks has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, SocioStacks has the right to terminate your Account and refuse current or future use the Service.

Free Trial

If you register for a free trial of the Service, SocioStacks will make the Service available to you on a trial basis free of charge until the earlier of (i) the end of the free trial period of the Service (unless terminated earlier by you), (ii) the start date of the paid subscription period for the Service, or (iii) termination by SocioStacks in its sole discretion. We reserve the right to terminate your trail account unless you (i) purchase the corresponding paid subscription plan for the account, (ii) purchase applicable Service upgrades, or (iii) export such data before the end of the trial period. In the event of such termination, any data that you enter into the Service, and any customizations made to the Service during the free trial will be permanently lost. Notwithstanding anything contained in this Section, Service is offered as-is during the free trial, without any warranty, covenant, support or liability whatsoever, to the extent permitted by law.

Personal Information and Privacy

Personal information you provide to SocioStacks through the Service is governed by UpTime-SocioStacks Privacy Policy and applicable laws related to personal information. Your election to use the Service indicates your acceptance of the terms of the UpTime-SocioStacks Privacy Policy. You are responsible for maintaining the confidentiality of your Account information and other sensitive information. You are responsible for all activities that occur in your Account and you agree to notify SocioStacks immediately of any unauthorized Account use at support@UpTime-SocioStacks.com. SocioStacks is in no way responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Account, or otherwise.

Publicity

SocioStacks reserves the right to publish your name and logo in the customer list on our website, press releases, advertisements, brochures and other promotional materials. You should email legal@SocioStacks .com if you do not wish to permit SocioStacks to publish your name in the manner mentioned above.

Communications from SocioStacks

The Service may include certain communications from SocioStacks, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services and that you will not be able to opt out of receiving them. Further, SocioStacks reserves the right to send electronic mail to you, informing you of changes or additions to the Terms of Service.

Fees and Payments

When you subscribe to UpTime-SocioStacks's paid Account, you agree to pay for the UpTime-SocioStacks Service in accordance with UpTime-SocioStacks's price schedule. You can pay for UpTime-SocioStacks service either by credit card, Paypal account or by raising a Purchase Order. Subscriptions made through credit card will automatically renew, unless you cancel your subscription. You agree to notify UpTime-SocioStacks of any changes to your credit card account number and/or its expiration date.

In the event any tax such as GST, VAT, sales tax or the like is chargeable by SocioStacks in accordance with any local, state, provincial or foreign laws with respect to your subscription to our Services ("Taxes"), SocioStacks will invoice you for such Taxes. You agree to pay SocioStacks such Taxes in addition to the subscription fees. SocioStacks shall provide you with an invoice in the format prescribed by the applicable local, state, provincial or foreign laws to help you avail the applicable input tax credit for the Taxes so paid.

Restrictions on use

In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the services; (ii) provide any service based on the services without any prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post any third party link sites including their logo, company name, etc. without their prior written permission; or (v)use the for illegal purposes; vi) allow user licenses to be shared or used by more than one individual other than by way of reassigning the user license to a new user; (vii) except as permitted under applicable law, attempt to disassemble, reverse engineer or decompile the Service; (viii) attempt to gain unauthorized access to the Service or its related systems or network; (ix) use the Service to send or store material containing software viruses, worms or other harmful computer codes, files, scripts or programs; (x) use the Service in any manner that interferes with or disrupts the integrity, security or performance of the Service, its components and the data contained therein; (xi) host, display, upload, modify, publish, transmit, store, update or share any information that belongs to another person or entity and to which you do not have any right, including personal or confidential information of any person or entity with respect to which you do not have consent or permission from such person or entity; (xii) use the Service for transmitting information that is false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; (xiii) violate any applicable local, state, national or international law; (xiv) use the Service for any form of competitive or benchmarking purposes; and (xv) remove or obscure any proprietary or other notices contained in the Service.

Hosting Location

The location of the cloud facility from which you are served depends on the mapping of your region/country to the available cloud facilities at the time of your sign-up. We may migrate your account or require you to migrate your account to a different cloud facility in the event of any updates to the region/country to cloud facility mapping at any point of time. You must not mask your internet protocol (IP) address at the time of sign-up since your region/country is determined base on your IP address. If, at any time, your actual region/country is found to be different from the region/country in our records, SocioStacks may take appropriate action such as migrate your account or require you to migrate your account to the cloud facility corresponding to your region/country, or close your account and deny the Service to you. If you are served from a cloud facility outside your region/country and a SocioStacks group entity has an office in your region/country, apart from storing the data in the cloud facility assigned to you, we may store a local copy of the data in your region/country.

Accessing Third Party Applications Integrated with UpTime-SocioStacks

Many third party applications (hereinafter "Third Party Application(s)") are integrated with UpTime-SocioStacks. SocioStacks will also be integrating more Third Party Applications with UpTime-SocioStacks. In addition, You may also integrate any other Third Party Application with UpTime-SocioStacks by using the API if such Third Party Application allows such integration. Access and use of Third Party Applications may require acceptance of terms of service and privacy policy applicable to such Third Party Applications (hereinafter "Third Party Terms"). You are responsible for reading and understanding the Third Party Terms before accessing or using any Third Party Application.

Administrator and Primary Contact

You will be the default administrator of the UpTime-SocioStacks account created by you. If you join a UpTime-SocioStacks account based on an invitation received from someone, such person will be the default administrator. An administrator of a UpTime-SocioStacks account may designate any number of users as administrators for such UpTime-SocioStacks account or revoke the administrator privileges of any user. There must always be a primary contact (and only one primary contact) for a UpTime-SocioStacks account who should also be an administrator. By default, the first administrator is the primary contact. An administrator may designate any other administrator as the primary contact. All communications in respect of a UpTime-SocioStacks account will be sent to the primary contact.

Trademarks

SocioStacks, SocioStacks logo, UpTime-SocioStacks and UpTime-SocioStacks logo are trademarks of SocioStacks Corporation Private Limited. You agree not to display or use, in any manner, the SocioStacks trademarks, without SocioStacks's prior permission.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. SocioStacks EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SocioStacks MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF THE SERVICE WILL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM SocioStacks, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SocioStacks BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SocioStacks HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL SocioStacks’S ENTIRE LIABILITY TO YOU IN RESPECT OF THE SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED ONE THOUSAND DOLLARS ($1000) OR THE FEES PAID BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS HIGHER. THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY TO YOU IF YOUR STATE DOES NOT PERMIT SUCH EXCLUSION OR LIMITATION OF LIABILITY.

Indemnification

You agree to indemnify and hold harmless SocioStacks, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Service in violation of another party's rights, in violation of any law, in violations of any provisions of these Terms of Service, or any other claim related to your use of the Service.

Termination

You agree that SocioStacks may terminate your Account and access to the Service for reasons including, but not be limited to, breaches or violations of these Terms of Service or the SocioStacks Privacy Policy, a request by you to terminate your Account, discontinuance or material modification to the Services, unexpected technical issues or problems, extended periods of inactivity and requests by law enforcement or other government agencies. Termination of your SocioStacks Account includes termination of access to the Service, deletion of your Account information such as your e-mail ID and Password and deletion of data in your Account as permitted or required by law.

Usage Limits for UpTime-SocioStacks

SocioStacks may prescribe usage limits based on the subscription plan chosen by You. You must make sure that Your usage is within the usage limits prescribed by SocioStacks in order to avail uninterrupted service. You understand that SocioStacks may restrict an activity if You reach the usage limit corresponding to such activity.

Modification of Terms of Services

SocioStacks may modify these Terms of Service upon notice to you at any time. You will be provided notice of any such modification by electronic mail or by publishing the changes on the web page. In the event SocioStacks modifies these Terms of Service, you may terminate your use of the Service. Your continued use of the Service after notice of any change to the Terms of Service will be deemed to be your agreement to the amended Terms of Service.

TERMS FOR USE OF UpTime-SocioStacks API

Integration of UpTime-SocioStacks with Third Party Applications using APIs provided by SocioStacks requires technical skill. You understand that errors or defects in the integration may cause loss and corruption of data. You must make sure that You use the services of technically skilled persons for the integration. You agree that SocioStacks is not liable for any loss and corruption of data caused due to errors or defects in the integration.

You must not try to access any functionality that is not exposed in the documentation for the API. You understand and agree that SocioStacks will not be liable for the consequences of accessing or using any unexposed functionality of the API.

API Deprecation

SocioStacks, in its discretion, may cease providing the current version of the API either as a result of discontinuation of the API or upgradation of the API to a newer version. In both cases, the current version of the API will stand deprecated and become the deprecated version of the API (hereinafter "Deprecated Version"). When SocioStacks decides to deprecate the current version of the API, You will be informed about such deprecation through a service announcement. For a period of six months following announcement of deprecation (hereinafter the "Deprecation Period"), SocioStacks will use commercially reasonable efforts to support the Deprecated Version. You understand that SocioStacks is not obliged to provide the features of the newer version in the Deprecated Version.

SocioStacks in its discretion may cease supporting the Deprecated Version during the Deprecation Period if i) SocioStacks is required to do so by law or ii) You have breached any provision of these Terms or the General Terms of Service or iii) SocioStacks determines that supporting the API is likely to result in a security risk to SocioStacks.

API Usage Limits

SocioStacks may prescribe usage limits, including limits on the number of calls, number of records per call, bandwidth usage and frequency of calls. You are required to adhere to the usage limits prescribed by SocioStacks in order to avail uninterrupted service. You understand that SocioStacks may restrict an activity if You reach the usage limit corresponding to such activity and that an API call may either fail or be partially executed if the usage limits are reached before or during an API call.

Governing Law and Jurisdiction

The governing law and jurisdiction that will apply in case of any dispute or lawsuit arising out of or in connection with this Agreement, will depend on your billing address if you are a paid customer and your state or country of domicile in all other cases. Accordingly, each party agrees to the governing law (without regard to choice or conflicts of law rules) and to the exclusive jurisdiction of the courts mentioned herein in case of any dispute or lawsuit arising out of or in connection with this Agreement.

END OF TERMS OF SERVICE

If you have any questions or concerns regarding this agreement, please contact us at legal@SocioStacks .com