Terms of Service
Last updated: July 10, 2024
Account
If you have an account on the products, you are responsible for maintaining the security of your account (e-mail used, password) and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account.
You must not use AppChecks services in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and AppChecks may change or remove any content (monitors, notifications) that it considers inappropriate or unlawful, or otherwise likely to cause AppChecks liability.
You must immediately notify AppChecks of any unauthorized uses of your account or any other breaches of security. AppChecks will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors
By using the products, you are entirely responsible for:
- providing valid user data (e-mail, name, etc.);
- not using the Monitors and Notifications for any illegal or abusive activity;
- securing any e-mail, password or api keys of your account;
- only having a single account;
AppChecks has the right to, in AppChecks's sole discretion:
- refuse or remove any content (monitors, notifications) that, in AppChecks's reasonable opinion, violates any AppChecks policy or is in any way harmful or objectionable
- terminate or deny access to and use of the products to any individual or entity for any reason, in AppChecks's sole discretion. AppChecks will have no obligation to provide a refund of any amounts previously paid.
Services Provided
AppChecks automatically checks the monitors defined by you in service-defined intervals. And, once a downtime is detected, it can notify the "user-defined contacts" with various methods (e-mail, SMS, mobile push messages, etc.). The monitoring methods include:
- HTTP Monitoring
- SSL Monitoring
- Keyword Monitoring (checking the existence or non-existence of a given keyword on a web page)
- Ping Monitoring
- Port Monitoring
Payment and Renewal
General Terms
Optional paid services such as extra monitors, or extra SMS message / voice call credits are available on the products (any such service is considered an “Upgrade”). By selecting an Upgrade you agree to pay AppChecks the monthly subscription fees indicated for that service. Payments will be charged on a pre-paid basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly subscription period as indicated. In the case of standalone SMS message / voice call credit packages, there is a one-time pre-paid payment. For any plan upgrade, the payment method that you provided will be charged or credited the new prorated amount for the current payment period upon your request. You will be requested to pay the rate for the upgrade for the period from the date of the upgrade to the end of your current billing cycle. After successful confirmation of purchase, you will receive access to your new plan within a few minutes(depending on the speed of our payment processor). The new rate will apply to your next billing cycle. The proration amount displayed in the checkout area is calculated based on the seconds remaining in your current billing period. That’s why you may see a slightly different amount of proration in checkout compared to the actual billed amount. A downgrade in a plan will be scheduled for your usual renewal date, meaning your current plan will remain active until the end of your currently prepaid period. The new rate for your plan will apply and be charged on your next billing cycle. As an exception, if you downgrade your plan within 24 hours of expiration, the new plan will become active within a few minutes, without any proration applied. If the new plan does not fit the limits of your account resources (e.g. monitors) we reserve the right to deny a downgrade of your plan, or to suspend resources that do not fit the limit. AppChecks reserves the right to change the payment terms and fees.
Minimal Requirements for Using AppChecks
AppChecks can be used with any operating system (including mobile) that can run a modern browser like Edge, Google Chrome, Safari, Firefox.
Purchase Process
Services provided by AppChecks can be purchased through the "Upgrade link" that can be reached after logging in to the products. The process works as:
- You select the desired paid plan or the number of SMS message / voice call credits or desired number of extra seats
- Complete the payment with a card
- AppChecks sends an e-mail mentioning that the purchased service can be used
The payments will be processed by Stripe.com.
Automatic Renewal
Unless you notify AppChecks before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Settings section.
Refunds
Any payments for the Services or any other payments made through AppChecks shall be non-refundable for any reason.
Delivery Policy
Upon receipt of your order, the services will be performed to you in accordance with the terms applicable to the services that you purchased. The nature of the services you purchased and the date of your purchase may impact the timing of the performance of the services. The services will be deemed to be successfully delivered to you upon the performance of the services.
Intellectual Property
This Agreement does not transfer from AppChecks to you any AppChecks or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with AppChecks. AppChecks, the AppChecks logo, and all other trademarks, service marks, graphics and logos used in connection with AppChecks, or the products are trademarks or registered trademarks of AppChecks or AppChecks's licensors. Other trademarks, service marks, graphics and logos used in connection with the products may be the trademarks of other third parties. Your use of the products grants you no right or license to reproduce or otherwise use any AppChecks or third-party trademarks.
Advertisements
AppChecks reserves the right to display advertisements on your account.
Changes
AppChecks reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the products following the posting of any changes to this Agreement constitutes acceptance of those changes. AppChecks may also, in the future, offer new services and/or features through the products (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination
AppChecks 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. If you wish to terminate this Agreement or your AppChecks account (if you have one), you may simply discontinue using the products. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The products are provided "as they are". AppChecks and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither AppChecks nor its suppliers and licensors make any warranty that the products will be error-free or that access thereto will be continuous or uninterrupted. You understand that use service at your own discretion and risk.
Limitation of Liability
In no event will AppChecks, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
- any special, incidental or consequential damages
- the cost of procurement for substitute products or services
- for interruption of use or loss or corruption of data or
- for any amounts that exceed the fees paid by you to
AppChecks shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification.
You agree to indemnify and hold harmless AppChecks, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the products, including but not limited to your violation of this Agreement.
No Resale or Redistribution of Service
Except as expressly authorized by AppChecks, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of the use of the products, or access to the products or the products code.
In case you wish to use AppChecks for commercial purposes, please, contact us directly at support@appchecks.net.
If you do not comply with this, or AppChecks has reasonable grounds to suspect that you do not comply with this, AppChecks has the right to suspend or terminate your subscription and refuse any and all current or future use of the service (or any portion thereof).
Specific Restrictions
We do not provide the Services or access to the AppChecks to individuals from the Republic of Belarus, the Russian Federation, occupied regions of Ukraine (including the Autonomous Republic of Crimea as an administrative part of Ukraine), the Republic of Cuba, the Islamic Republic of Iran, the Democratic People’s Republic of Korea (DPRK), the Republic of Sudan, the Syrian Arab Republic, and the Bolivarian Republic of Venezuela.
We do not engage in any business with companies owned by or affiliated with the citizens of the listed countries and territories.
If it is discovered that an account is associated with any of the aforementioned countries or territories, we reserve the right to terminate the service unilaterally and without any refund. This action will be enforced regardless of whether the association was initially apparent.
Licence to Promo
You grant us with the limited, non-exclusive, royalty-free right to use your trademarks, trade names, logos, and URLs of the Projects, brief information about your professional activities, for:
- indication on our websites;
- publication in any case (reports, publications, professional and other editions, social networks, media, and Internet);
- publication in the promo materials;
- other marketing purposes.
Contacting AppChecks
AppChecks may be contacted by email at support@appchecks.net. By contacting AppChecks, the client grants AppChecks a worldwide, non-exclusive perpetual right to any ideas, information, designs or other material contained in any communication, except when the client has obtained prior written agreement from the AppChecks.
The client agrees not to pass to AppChecks any commercially sensitive information and data about their own operations. The client accepts that information sent to AppChecks will not under any circumstance be considered subject to any form of a non-disclosure agreement, except when the client has obtained prior written consent from the AppChecks.
All parties take into consideration that email is not a secure, guaranteed medium of communication. Emails should only be regarded as received by AppChecks if the client receives a manually created response.
With the exception of the above points, all discussions over email are deemed to be of informal nature, and should only be taken as binding when indicated as such by the AppChecks.
Any suggestions, mention or reference of any alteration to past, present or future contractual terms by AppChecks should be taken purely as speculative until such time that the client is in possession of written confirmation by the AppChecks.
Miscellaneous
This Agreement constitutes the entire agreement between AppChecks and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of AppChecks, or by the posting by AppChecks of a revised version.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; AppChecks may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.