Terms of Service

Last Updated: March 16, 2025

These Terms of Service ("Terms") govern your access to and use of the services, website, and applications (collectively, the "Services") provided by Uptimex.cloud ("we", "us", or "our"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

We may modify these Terms at any time. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.

2. Service Description

Uptimex.cloud provides an AIOps platform that helps organizations monitor, manage, and optimize their IT infrastructure and applications. Our Services include but are not limited to:

• System monitoring and alerting
• Preventive AI analysis
• Self-healing automation
• Incident management
• Performance analytics
• AI-powered explanations and recommendations

3. Account Registration and Security

To use certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to disable any user account at any time if, in our opinion, you have violated any provision of these Terms.

4. Subscription and Payment

Some of our Services are offered on a subscription basis. You agree to pay all fees associated with your subscription plan. Fees are non-refundable except as required by law or as explicitly stated in these Terms.

Subscription periods may be monthly, annual, or as otherwise specified during the purchase process. Your subscription will automatically renew at the end of each subscription period unless you cancel it before the renewal date.

We may change our fees at any time. If we change the fees for your subscription, we will provide notice of the change on our website or by email, at least 30 days before the change is to take effect.

5. User Obligations

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates any applicable law or regulation
• Attempt to interfere with or disrupt the integrity or performance of the Services
• Attempt to gain unauthorized access to the Services or related systems
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services
• Use the Services to transmit any malware, spyware, or other harmful code
• Engage in any activity that could disable, overburden, or impair the Services

6. Data and Privacy

Our collection and use of personal information in connection with the Services is governed by our Privacy Policy.

You retain all rights to your data that you upload, submit, or otherwise transmit to or through the Services ("Customer Data"). You grant us a non-exclusive, worldwide, royalty-free license to use, copy, transmit, store, and back up your Customer Data for the purpose of providing the Services to you and for improving our Services generally.

We will maintain appropriate administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of your Customer Data.

7. Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Uptimex.cloud, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any right, title, or interest in the Services, or any content, features, or functionality of the Services.

8. Third-Party Services and Content

The Services may contain links to third-party websites, services, or content that are not owned or controlled by Uptimex.cloud. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

9. Limitation of Liability

To the maximum extent permitted by law, in no event shall Uptimex.cloud, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Services, including any direct, indirect, special, incidental, consequential, or punitive damages.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

10. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Services or the server that makes them available are free of viruses or other harmful components.

11. Indemnification

You agree to defend, indemnify, and hold harmless Uptimex.cloud, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

12. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or relating to these Terms shall be exclusively brought in the federal or state courts located in San Francisco County, California, and you consent to the personal jurisdiction of such courts.

14. Miscellaneous

These Terms constitute the entire agreement between you and Uptimex.cloud regarding the Services and supersede all prior and contemporaneous written or oral agreements.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

15. Contact Information

If you have any questions about these Terms, please contact us at: