Terms of Service

1. Definitions

• "Service" refers to HeyMonitor.io, the uptime monitoring platform and all related services
• "User", "You", "Your" refers to the individual or entity using the Service
• "Account" refers to your registered user account on HeyMonitor.io
• "Monitor" refers to a configured URL or endpoint being monitored by the Service
• "Content" refers to any data, information, or materials submitted through the Service

2. Account Registration

2.1 Eligibility

You must be at least 16 years old to use this Service. By creating an account, you represent that you meet this age requirement.

2.2 Account Information

When creating an account, you must provide:

• A valid email address
• Accurate and complete information
• Keep your account information up to date

2.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

2.4 Account Termination

You may terminate your account at any time. We reserve the right to suspend or terminate accounts that violate these Terms.

3. Service Plans and Pricing

3.1 Free Plan

• 3 monitors
• 5-minute check intervals
• Email alerts
• 24-hour data retention

3.2 Paid Plan

• €5 per year (or €1 per month)
• 10 monitors per package
• 30-second check intervals
• All alert channels (email, webhooks, Discord, Telegram, WhatsApp)
• Public status pages
• 30-day data retention
• Priority support

3.3 Multiple Packages

Users may purchase multiple paid packages. Each additional package adds 10 more monitors to your account.

3.4 Pricing Changes

We reserve the right to modify pricing with 30 days' notice. Existing subscriptions will maintain their current pricing until renewal.

4. Payment Terms

4.1 Payment Methods

We accept:

• SEPA bank transfers
• Cryptocurrency payments via Bitonic

4.2 Billing

• Paid plans are billed in advance (yearly or monthly)
• Payments are non-refundable except as required by law
• You authorize us to charge your payment method for all fees

4.3 Failed Payments

If payment fails, we will:

• Notify you via email
• Attempt to collect payment for up to 7 days
• Downgrade your account to the free plan if payment is not received

4.4 Refunds

Refunds are generally not provided. However, we may consider refund requests on a case-by-case basis within 14 days of purchase if the Service has not been used.

5. Service Usage

5.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You may not:

• Monitor URLs you do not own or have permission to monitor
• Use the Service to spam, harass, or abuse others
• Attempt to gain unauthorized access to our systems
• Reverse engineer or attempt to extract source code
• Use the Service to monitor illegal content or activities
• Resell or redistribute the Service without authorization
• Use automated tools to create multiple accounts
• Overload our systems with excessive requests

5.2 Monitoring Limitations

• Monitor limits are enforced per plan tier
• Check intervals are as specified in your plan
• We may implement rate limits to ensure fair usage

5.3 Service Availability

We strive to provide reliable service but do not guarantee:

• Uninterrupted or error-free operation
• That the Service will meet all your requirements
• Specific uptime percentages or service level agreements

6. Intellectual Property

6.1 Our Rights

All rights, title, and interest in the Service, including all software, designs, trademarks, and content, are owned by HeyTech Digital B.V. or our licensors.

6.2 Your Content

You retain ownership of any content you submit through the Service. By using the Service, you grant us a limited license to:

• Store and process your monitoring data
• Display your content as necessary to provide the Service
• Use aggregated, anonymized data for service improvement

6.3 Feedback

If you provide feedback or suggestions about the Service, we may use them without any obligation to you.

7. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. Key points:

• All data is stored on EU-based servers
• We comply with GDPR regulations
• We do not sell your personal data
• Data retention periods: 24 hours (free) or 30 days (paid)
• You have the right to access, modify, and delete your data

For detailed information, please review our Privacy Policy.

8. Limitation of Liability

8.1 Service "As Is"

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

8.2 No Liability for Damages

To the maximum extent permitted by law, HeyTech Digital B.V. shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or delays
• Errors or inaccuracies in monitoring data
• Missed alerts or notifications
• Any damages arising from your use or inability to use the Service

8.3 Maximum Liability

Our total liability to you for all claims arising from your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or €100, whichever is less.

8.4 Essential Purpose

The limitations in this section apply even if any remedy fails of its essential purpose.

9. Indemnification

You agree to indemnify, defend, and hold harmless HeyTech Digital B.V., its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your content or monitoring activities

10. Termination

10.1 By You

You may terminate your account at any time through your account settings or by contacting us.

10.2 By Us

We may suspend or terminate your access to the Service:

• If you violate these Terms
• If your payment fails
• If required by law
• If we discontinue the Service

10.3 Effect of Termination

Upon termination:

• Your access to the Service will cease immediately
• Your monitoring data will be deleted according to our retention policy
• No refunds will be provided for unused portions of paid subscriptions
• Provisions that should survive termination (e.g., limitations of liability) will continue to apply

11. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last updated" date
• We will notify you via email for material changes
• Changes take effect 7 days after notification
• Your continued use after changes constitutes acceptance

If you do not agree with the modified Terms, you must stop using the Service.

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the Netherlands, without regard to conflict of law principles.

12.2 Jurisdiction

Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts in Utrecht, Netherlands.

12.3 Informal Resolution

Before filing any legal action, you agree to first contact us at contact@heysmmreseller.com to attempt to resolve the dispute informally.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and HeyTech Digital B.V. regarding the Service.

13.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

13.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.