Terms of service

1Who we are and what these terms cover#

These terms apply between Marius Erik Kinzler, c/o Online-Impressum 11507, Europaring 90, 53757 Sankt Augustin, Germany ("we", "us") and everyone who creates an account for Uplance at https://uplance.cloud ("you"). If you use Uplance for a company or another organisation, you accept these terms on its behalf and confirm that you're allowed to. Your own terms and conditions don't apply unless we agree to them in writing.

Our acceptable use policy (https://uplance.cloud/acceptable-use), our refund and cancellation policy (https://uplance.cloud/refunds) and, for business customers, our data processing agreement (https://uplance.cloud/dpa) are part of these terms. How we handle personal data is explained in our privacy policy (https://uplance.cloud/privacy).

2The service#

Uplance checks websites, APIs, servers, databases and other services you choose, alerts you when they fail, keeps a history of the results and publishes status pages. What each plan includes (for example the number of monitors, team members, status pages and how long results are kept) is shown on our pricing page and in the dashboard under Billing.

We keep improving Uplance and may change or remove features, as long as what you pay for stays substantially the same. If a change affects a paid plan you use to your disadvantage, we tell you in advance and you can cancel before it takes effect.

Monitoring from the internet has natural limits. A check can miss a short outage, report one that only affects our network, or be delayed; alerts depend on services we don't control, such as email providers, Discord, Slack, Telegram, Microsoft Teams, ntfy and browser push services. We don't guarantee that every outage is detected or that every alert arrives in time, and we don't promise a particular availability of Uplance itself unless we agree on one in writing.

3Your account and workspaces#

You need an account with truthful information and a confirmed email address. Keep your password, passkeys, recovery options and API keys safe, and turn on two-factor authentication; you're responsible for what's done with your account and your API keys.

Your monitors, incidents, status pages and team live in workspaces. The owner of a workspace decides who else may use it and in which role, and is responsible for the workspace towards us. If a workspace uses single sign-on, the owner is responsible for the identity provider connected to it and for the email domains verified for it.

You may not create several accounts or workspaces to get around plan limits.

4Free and paid plans#

The Free plan costs nothing and can be limited or changed by us at any time with reasonable notice.

Paid plans are billed monthly or yearly in advance. Payments are handled by Stripe; the price that applies is the one shown at checkout. Subscriptions renew automatically for the same period until they're cancelled. Switching between paid plans takes effect immediately and is charged or credited in proportion to the remaining time.

If a payment fails, Stripe tries again over the following days and we let you know. If it still can't be collected, your workspace moves to the Free plan. We may change prices for future billing periods; we tell you at least 30 days before the new price applies, and you can cancel before then.

5Cancellation, refunds and withdrawal#

You can cancel a paid plan at any time under Billing. It stays active until the end of the period you have already paid for; after that the workspace moves to the Free plan. Details, including refunds and the statutory right of withdrawal for consumers, are in our refund and cancellation policy.

When a workspace moves to a plan with lower limits, monitors, status pages or features beyond those limits are paused. Nothing is deleted because of a downgrade.

6How you may use Uplance#

Use Uplance lawfully and in line with our acceptable use policy. In particular, only monitor systems you own, operate or are allowed to monitor, and never use Uplance to overload, attack or scan anyone.

To protect others and the service, we limit how often all accounts together may contact the same host, how many checks a workspace may run per minute and how many workspaces may monitor the same destination, and we block private network addresses. We may block destinations, pause monitors, disable alert channels or suspend a workspace if it breaks these terms or puts others at risk. We tell you why unless the law or the situation prevents it, and we lift the measure once the reason has gone.

7Your content#

What you put into Uplance (monitors, incidents, post-mortems, status pages, logos and texts) remains yours. You allow us to store, process, copy and publish it to the extent needed to provide the service, for example to show your status page publicly and to send your alerts. You're responsible for having the right to use that content and to monitor the systems you add.

Anyone can report content on a status page they believe is illegal at https://uplance.cloud/report (Art. 16 of the Digital Services Act). We look at reports without undue delay and decide carefully and objectively, by people, not automated systems. If we remove content, restrict a status page or suspend a workspace because of its content, we tell the workspace why, what the decision is based on and how to object (Art. 17 DSA); you can object by replying to that message or writing to [email protected], and we review the decision. We may stop handling reports from people who keep sending clearly unfounded ones.

8Availability and maintenance#

We take reasonable care to keep Uplance available, but interruptions can happen, for example for maintenance, security updates or reasons outside our control. We announce planned maintenance that could affect you in advance where we can.

9Personal data#

If you use Uplance to process personal data of other people (for example team members, alert recipients or visitors of your status pages), we process it on your behalf. For business customers our data processing agreement applies. You're responsible for having a legal basis for that processing, for example for sending alerts to the people you enter.

10Ending the contract#

You can delete your account at any time under Your account; workspaces that only you use are deleted with it. Before that you can download your data.

We can end the contract for the Free plan with 30 days' notice, and for a paid plan with 30 days' notice to the end of a billing period. Either side can end the contract immediately for good cause, for example serious or repeated breaches of these terms or the acceptable use policy, or payments that are more than 30 days overdue.

11Liability#

We're liable without limit for damage caused intentionally or through gross negligence, for injury to life, body or health, under the German Product Liability Act and where we have given a guarantee.

In cases of slight negligence we're only liable for breaching an obligation that is essential for the contract and that you may rely on, and then only for damage that was typical and foreseeable when the contract was made. Otherwise we're not liable for slight negligence.

For business customers, our liability for slight negligence is also limited per contract year to EUR 10,000.

These limits also apply to our employees, representatives and agents. Mandatory statutory liability remains unaffected.

12Changes to these terms#

We may change these terms if there's a good reason, for example new features, changes to the law or court decisions, and as long as the balance between your and our obligations isn't changed to your disadvantage. We send you the new terms at least six weeks before they take effect. If you don't object within that time, they apply; we point this out in our message. If you object, the current terms continue and either side may end the contract when the change would have taken effect.

13Final provisions#

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you're a consumer and live in another country, this choice of law doesn't take away the protection of the mandatory consumer protection rules of that country.

If you're a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Sankt Augustin.

We're neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

If a provision of these terms is invalid, the rest remain in force.