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1. General Terms
1.1 These Terms and Conditions (“Terms”) govern the use of the UptimeMonster website (the “Site”), applications (“Web App”), and all associated services, content, and products provided through the Site (collectively, “Products”). The Products are managed and owned by UptimeMonster (“we,” “us,” or “our”).
1.2 By accessing or using the Products, you agree to these Terms, without modification, and acknowledge that you are bound by the conditions outlined herein along with any additional rules, policies, and procedures published periodically on the Site by UptimeMonster (together, the “Agreement”).
1.3 If you do not agree with the Terms provided in this Agreement, you should not use the Products or access the Site.
1.4 UptimeMonster reserves the right to modify these Terms at any time. Continued use of the Products after changes implies acceptance of the new Terms.
2. Prohibited Uses
2.1 You are prohibited from modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, framing in another web page, using on another website, or selling any information, software, or services obtained from the Site.
3. Liability Limitations
3.1 UptimeMonster will not be liable for any damages that arise from the use or inability to use the Site or the Products, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
3.2 Certain jurisdictions do not allow limitations on implied warranties or liability for incidental or consequential damages, which means some of the above limitations may not apply to you.
4. Links and Third-Party Sites
4.1 UptimeMonster does not review all sites linked to its website and is not responsible for their content. The inclusion of any link does not imply endorsement of the site by UptimeMonster. Use of any linked website is at the user’s own risk.
5. Legal Use Compliance
5.1 By using the Site, you agree not to use the Site for any unlawful purposes. Violation of these Terms may lead to termination of your access to the Site.
6. Jurisdiction and Governing Law
6.1 All matters relating to the Site and these Terms are governed by the laws of the United Arab Emirates without regard to its conflict of law provisions.
7. Account Security
7.1 You are responsible for maintaining the security of your account on the Site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it.
8. Intellectual Property
8.1 This Agreement does not transfer from UptimeMonster to you any UptimeMonster or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with UptimeMonster.
9. Termination
9.1 UptimeMonster may terminate your access to all or any part of the Products at any time, with or without cause, with or without notice, effective immediately.
10. Representations and Warranties
10.1 You represent and warrant that your use of the Products will comply with this Agreement and all applicable laws and regulations.
11. Subscription and Billing
11.1 By subscribing to a service, you agree to pay UptimeMonster the subscription fees indicated for that service. Fees are charged on a prepaid basis and are non-refundable, except as explicitly stated in the Terms.
12. Renewal and Cancellation
12.1 Subscriptions automatically renew unless you notify UptimeMonster before the end of the current subscription period that you want to cancel. You authorize UptimeMonster to charge the renewal subscription fees to the payment method on record.
13. Modifications and Interruptions to Service
13.1 UptimeMonster reserves the right to modify or discontinue, temporarily or permanently, the Products (or any part thereof) with or without notice.
14. Clarification of Services Provided
14.1 UptimeMonster offers subscriptions to managed services, not the sale of source code or products. Any third-party plugins, library files, or open-source code utilized in the development of the application and its related service modules are used or modified in accordance with the licensing terms set forth by their respective distributors.
15. Miscellaneous
15.1 These Terms constitute the entire agreement between you and UptimeMonster concerning the Products and supersede any prior agreements. This Agreement may only be modified by a written amendment signed by an authorized executive of UptimeMonster, or by the posting of a revised version by UptimeMonster.
15.2 No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and UptimeMonster’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please read these Terms carefully before accessing or using the Products. By accessing or using any part of the site, you agree to be bound by these Terms. If you have any questions about these Terms, please contact [email protected]
