Terms & Conditions

Modified and Effective on September 19, 2023

USER AGREEMENT END-USER LICENSE AGREEMENT FOR UPTIMEAPI (hereinafter “The Product”) This license agreement applies to http://uptimeapicloud.com/, a product of Klazify Inc.

IMPORTANT – READ CAREFULLY Please read the following license agreement. You must agree to its terms before signing up, using, running or subscribing to The Product via the API or the web user interface. This end-user license agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Klazify Inc. which includes computer software, web, and mobile application, electronic documentation, and printed materials. The Product also includes any updates and supplements to the original version provided to you. By signing up or accessing The Product, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this EULA, do not sign up, subscribe, access, integrate, run, or otherwise use The Product. The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

LICENSE AND OTHER SERVICES When subscribing to The Product, we hereby grant you a nonexclusive, non-sublicensable worldwide license to access and use The Product. Other than the rights expressly licensed hereunder to you, no other rights or interests whatsoever are granted. Without limiting the foregoing, you may not: (i) provide or share the username, the passwords and the access keys assigned to you with any third party; (ii) use The Product to perform any illegal activity or to perform any other action that may otherwise infringe upon third party rights; (iii) use The Product for any unlawful purpose (including, without limitations copyright infringement) or (iv) sell, rent, lease, sublicense or otherwise transfer your rights under this Agreement, The Product or portions of it. While we own or have a right to use the underlying technology of The Product, as the case may be, you own all of the content and information that is conveyed or transmitted via The Product (the “Content”). You further represent that you have all rights to distribute such Content, agree to do so solely for lawful purposes, and recognize that you shall be solely responsible for such Content. You expressly agree that you will not transmit or convey any Content that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of any third-party; (3) would invade the privacy of any other person; (4) contains a harmful program or component; or (5) is otherwise inappropriate or unlawful. You also expressly agree that you will not: (a) after receiving a warning, continue to convey or transmit Content which we have advised you not to convey or transmit; or (b) attempt to gain unauthorized access to restricted areas of the Web Site, other accounts, computer systems or networks connected to the Web Site, through password mining or any other means.

COPYRIGHT All titles and copyrights in and to The Product (including, but not limited to, any images, photographs, animation, video, audio, music, text, and “applets,” incorporated into The Product), the accompanying printed materials, and any copies of the Product, are owned by Klazify Inc. The Product is protected by copyright laws and international treaty provisions. Therefore, you must treat The Product like any other copyrighted material.

DISCLAIMER OF WARRANTIES Except for the limited warranty provided above, The Product is provided “as is.” Klazify Inc. and the third-party providers disclaim all other warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for particular purposes, and non-infringement. Without limitation of the foregoing, Klazify Inc. and the third-party providers do not warrant that: (a) The Product will be error-free, (b) your use of the Product will be uninterrupted or error-free, (c) the Product will meet your requirements, or (d) the Product will operate with the hardware or software configuration you choose.

YOUR SPECIFIC RIGHTS Some jurisdictions do not allow the exclusion of damages or limitations of liability, so the above exclusions or limitations may not apply to you. Your specific rights may vary from jurisdiction to jurisdiction.

CUSTOMER REMEDIES Klazify Inc. entire liability and your exclusive remedy shall not exceed the price paid for The Product. Any refund request must be in accordance with our Refund Policy.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES To the maximum extent permitted by applicable law, in no event shall Klazify Inc. or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if Klazify Inc. has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you


USER REGISTRATION It may also be required for you to register on the website. You commit to keep your password private and accept responsibility for any and all account activity. If we decide, in our sole discretion, that the username you choose is improper, objectionable, or otherwise unacceptable, we have the right to remove, reclaim, or replace it. If you share your password, you will be responsible for the consumption that your account has.

FREE TRIAL The Product may offer a Free Trial for consumers to evaluate its features. When accessing the Free Trial, consumers are required to register and provide their credit card information. At the end of the trial period, if the consumer did not cancel the subscription in advance, Klazify Inc. will automatically charge the subscription fee on a recurring basis until the consumer unsubscribes. Klazify Inc. does not entertain refund requests in such cases. It's important to note that consumers can access the Free Trial only once. If a consumer subscribes to The Product for the second time, they will not have access to the Free Trial. Klazify Inc. reserves the right to discontinue the Free Trial or modify its duration. The trial period's specific details will be announced on the website during the subscription process. During the free trial, our goal is to allow consumers to experience The Product at no cost. Therefore, the maximum number of Monitors allowed for any paid plan during the trial period may be subject to limitations, and Klazify Inc. may adjust the number of monitors that can be created at its sole discretion. If a consumer exceeds this limit, they will receive an error message from The Product indicating excessive usage. To continue creating Monitors, the consumer can either wait for the trial period to end or terminate the Free Trial and proceed with a paid plan. SUBSCRIPTION PERIOD Only a paid Subscription is required to access the Service or certain portions of the Service. Depending on the type of Subscription plan you choose when purchasing the Subscription, you will be invoiced in advance on a recurring and periodic basis (such as daily, weekly, monthly, or annually). Unless you or the company decide to terminate it, Your Subscription will automatically renew at the end of each period under the same terms.

FEES AND PAYMENT The following are the payment methods we accept: To access any of our paid subscriptions, you might need to make a purchase or pay a charge. For any purchases made through the Site, you promise to supply information that is up to date, complete, and accurate. In order for us to execute your transactions and get in touch with you as necessary, you also consent to immediately updating your account and payment information, including your email address, payment method, and credit card expiration date. For purchases made through the Site, we bill you using a web-based billing account. As required by us, sales tax will be charged to the cost of purchases and it will be additional to the prices shown in the pricing section. Prices are subject to change at any time. Every payment must be made in US dollars. You consent to paying all fees or charges at the rates in place at the time.

BILLING You must give to Klazify Inc. complete and accurate billing information, including your full name, address, state, zip code, phone number, and information on a legitimate payment method. If for any reason automatic billing is unable to take place, Klazify Inc. will send you an electronic invoice informing you that you must manually make the entire payment corresponding to the billing period specified on the invoice by a specific deadline date. If you do not make the payment before the due date, Klazify Inc. will suspend access to the features and services included by the paid subscription.

Refund Policy

Refunds are valid within 2 hours after the time of purchase and only apply to the first payment the product receives, as long as you haven't created more than 2 monitors. If, for any reason, the payment for the subscription is doubled, only requests for a refund of the doubled payment will be accepted within 72 hours after the payment is confirmed. Refund requests for duplicate payments made in months earlier than the current month won't be accepted. If the customer cancels its paid subscription on the website and, for any reason, the subscription cannot be canceled automatically in its Stripe account, claims will only be accepted within 72 hours of the cancellation made on the website. After this period, claims for refunds will not be accepted. In the event that the customer subscribes to a Free Trial for a specific period but fails to unsubscribe before the trial period ends, we regret to inform you that refund requests will not be accepted under any circumstances. If we determine that you are eligible for a refund, we will refund the full purchase price of your subscription. Please note that any third-party fees associated with your purchase, such as credit card processing fees, may not be refunded. Refunds will be processed within 14 business days of our approval. Please note that our refund policy only applies to new customers who have purchased a subscription to our product. If you have previously received a refund for our product, you will not be eligible for another refund. Please understand that our refund policy is final, and we reserve the right to modify it at any time without notice. To request a refund, the customer can send an email to us at hello[@]uptimeapicloud.com with their purchase information and explain why. The Customer Service team will analyze the claim and return a response. In the event that the refund request is accepted, we will issue refunds to the original payment method used to make the purchase.

CANCELLATION POLICY You can cancel your subscription at any time by logging into your web account. Your cancellation will be effective immediately, and any unused functionalities and other features will not be refunded. To cancel your subscription you have to delete previously the monitors created. It is important to note that when a temporary email account is canceled or the account is completely canceled, the received emails will be deleted from the database. Nor will a refund or credit note be made for unused days. If you are having difficulty canceling your paid subscription via the website, please send an email to hello[@]uptimeapicloud.com from the email address you used to register your account. We will not accept a cancellation request from an email account different from the one used to register your account. Sending the email with the cancellation request does not mean that your account will be automatically canceled. You must wait for instructions or confirmation from our customer support team.

ACCURACY IN API MONITORING The Product allows for API monitoring through keyword detection in the API response. It's possible that, for technical reasons, this detection may not be entirely accurate. In such cases, you can attempt to adjust the monitor's parameters to enhance keyword detection or address any missing keywords. It's important to note that Klazify Inc. will not be held responsible for any issues, business losses, physical damages, or harm to individuals that may arise due to API monitoring failures or failures in the delivery of alerts configured in the monitors. Klazify Inc. won’t accept refund requests due to inaccurate answers.

USAGE LIMITS The extent of your usage of The Product is dependent on your subscription plan. You shall not exceed the usage limits associated with your account. Unused amounts of monitor usage will not be carried over from one monthly period to the next. If You exceed your monthly usage limit, Klazify Inc. reserves the right to limit or throttle the number of monitors available to Your plan if Klazify Inc. (in its sole discretion) believes that such monitors or alerts are being made for malicious reasons, or as the result of a technical error.

SERVICE SUPPORT Standard support services are included for all product plans Monday - Friday from 8 am to 5 pm EST via chat or email. If you require a more advanced level of support, you can contact us to acquire an Enterprise Plan.

SERVICE LEVEL AGREEMENT Klazify, Inc. and its dedicated support team work hard to provide high-quality service that meets the needs of even the most demanding customers. This is why all of its infrastructure is hosted in the cloud with top-of-the-line services that include backup and redundancy. In addition, all our services are monitored by an Operations Center capable of quickly identifying any type of failure and executing the planned contingency plans. Despite all such efforts, you acknowledge that The Product may not be accessible for any reason related or not to Klazify Inc. and that refund requests related to service downtime will not be honored. If you need a custom service level agreement, please contact us to purchase an Enterprise Plan that meets your specific requirements.

RIGHT TO CHANGE CONTENT OF FORMAT You acknowledge that Klazify Inc. may from time to time, and in its sole discretion, update or change the content or format of The Product data. Klazify Inc. shall strive to provide reasonable advance notification of such changes; however, from time to time sudden changes may be required, and since Klazify Inc. strives to accurately reflect these and adjust to these changes, significant advance notice is not always possible. You may be required to use the most recent version of The Product in order to ensure functionality of your application(s) with The Product.

FORCE MAJEURE Klazify Inc. shall have no liability to the Customer under the Contract if it is prevented from or delayed in performing its obligations under the Contract, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Klazify Inc. or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Klazify Inc. or sub-contractors, provided that the Customer is notified of such an event and its expected duration.

PUBLICITY By creating an account on The Product, you agree that Klazify Inc. may include the name and its trademarks in a list of customers for promotional purposes. Your name or your trademarks may be used in press releases, on the website, in newsletters, in business presentations with other prospects, and in any other promotional material that Klazify Inc. deems necessary. You may opt out of the provisions of this section by contacting Klazify Inc. and expressly requesting not to use its name or trademark for promotional purposes.

Privacy Policy

Protecting your private information is our priority. This Statement of Privacy applies to UPTIMEAPI (“The Product”, a Klazify Inc. product and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to The Product include http://uptimeapicloud.com. The Product consists of an API and a website that allows you to test the API and provides you with the API access key. By using The Product, you consent to the data practices described in this statement.

In order to better provide you with products and services offered, Klazify Inc. may collect personally identifiable information, such as your:

If you purchase Klazify Inc.'s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. Klazify Inc. may also collect anonymous demographic information, which is not unique to you, such as your: We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.

USE OF YOUR PERSONAL INFORMATION - Klazify Inc. collects and uses your personal information to operate and deliver the services you have requested. - Klazify Inc. may also use your personally identifiable information to inform you of other products or services available from Klazify Inc. and its affiliates.

SHARING INFORMATION WITH THIRD PARTIES - Klazify Inc. does not sell, rent or lease its customer lists to third parties. - Klazify Inc. may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Klazify Inc., and they are required to maintain the confidentiality of your information. - Klazify Inc. may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Klazify Inc. or the site; (b) protect and defend the rights or property of Klazify Inc.; and/or (c) act under exigent circumstances to protect the personal safety of users of Klazify Inc., or the public.

RIGHT TO DELETION Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will: - Delete your personal information from our records; and - Direct any service providers to delete your personal information from their records. Please note that we may not be able to comply with requests to delete your personal information if it is necessary to: - Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us; - Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; - Debug to identify and repair errors that impair existing intended functionality; - Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; - Comply with the California Electronic Communications Privacy Act; - Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent; - Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; - Comply with an existing legal obligation; or - Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
CHILDREN UNDER THIRTEEN Klazify Inc. does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this application.

EMAIL COMMUNICATIONS From time to time, Klazify Inc. may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from Klazify Inc. or click on a link therein. If you would like to stop receiving marketing or promotional communications via email from Klazify Inc., you may opt out of such communications by UNSUBSCRIBE button or sending an email to hello[@]uptimeapicloud.com.

EXTERNAL DATA STORAGE SITES We may store your data on servers provided by third party hosting vendors with whom we have contracted.

CHANGES TO THIS STATEMENT Klazify Inc. reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our application, and/or by updating any privacy information. Your continued use of the application and/or Services available after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.

Klazify Inc. welcomes your questions or comments regarding this Statement of Privacy. If you believe that Klazify Inc. has not adhered to this Statement, please contact Klazify Inc. at: Klazify Inc. 651 N Broad St Suite 206, Middletown, DE 19709, USA Middletown, Delaware 19709
Email Address: hello[@]uptimeapicloud.com