Terms of Service

1. Acceptance of Terms

These Terms of Service (the “Terms”) are a binding agreement between you (“you” or “Customer”) and APIPulse Inc. (“APIPulse”, “we”, “us”). By accessing or using the APIPulse website and services (the “Services”), you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

2. Description of Services

APIPulse provides a cloud-based platform for monitoring the availability, latency, and error rates of APIs and web services, including alerting, analytics, status pages, and related tooling (the “Services”).

3. Accounts and Registration

To use the Services you must create an account with a valid email address and a secure password.

• You must provide accurate, current, and complete registration information.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
• You must be at least 18 years old and have the authority to bind your organization where you register on its behalf.
• You agree to our email communications policy: your email address is used solely for registration verification, password resets, and security notifications, and will never be sold or used for third-party mailings.

4. Acceptable Use

You agree not to misuse the Services. Prohibited conduct includes, but is not limited to:

• Uploading or transmitting malware, or attempting to disrupt the Services or other customers' use of them.
• Scanning, probing, or attacking infrastructure without authorization, including from your monitored endpoints.
• Using the Services to send unsolicited or bulk email, SMS, or other messaging (spam).
• Reselling the Services without our prior written consent, except as expressly permitted.
• Violating applicable law or the rights of third parties.

5. Email Usage and Consent

APIPulse sends email only for transactional and security purposes — specifically: (a) to verify a new account, (b) to fulfill password reset requests, and (c) to send system notifications and security alerts relating to your account. We require explicit consent to email communications at signup, which you grant through the opt-in checkbox in our registration form.

We do not send marketing or promotional email, and we do not sell, rent, or share email addresses with third parties. You may revoke your email consent at any time by contacting support; revocation does not affect the lawfulness of processing based on consent before its withdrawal.

6. Fees and Billing

Some features are available under paid subscription plans. Fees are quoted on our pricing page and are exclusive of taxes. Paid plans are billed in advance on a recurring basis and auto-renew until cancelled. You may cancel at any time from your account settings; access continues until the end of the current billing period. Fees are non-refundable except as required by law or as set out in a separate agreement.

7. Intellectual Property

As between you and APIPulse, APIPulse owns all rights in the Services, including software, design, and content. You retain all rights in the data you submit to the Services. You grant APIPulse a limited license to process your data solely to provide the Services.

8. Data and Privacy

Our handling of your data is governed by our Privacy Policy. We implement reasonable technical and organizational measures to protect your data. You are responsible for configuring the Services appropriately and for the content you submit.

9. Service Level and Availability

We aim for high availability of the Services and offer a 99.9% uptime service level for paid plans, as described in our SLA. Planned maintenance is scheduled with reasonable notice. We are not liable for unavailability caused by factors outside our reasonable control.

10. Termination

You may terminate your account at any time. We may suspend or terminate access to the Services if you materially breach these Terms, fail to pay fees when due, or where required by law. Upon termination, your data will be deleted or anonymized in accordance with our Privacy Policy.

11. Disclaimer of Warranties

The Services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.

12. Limitation of Liability

To the maximum extent permitted by law, APIPulse's aggregate liability arising out of or related to these Terms or the Services shall not exceed the amounts you paid to APIPulse in the twelve (12) months preceding the event giving rise to the claim. In no event will APIPulse be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or data.

13. Indemnification

You agree to indemnify and hold harmless APIPulse and its officers, employees, and agents from claims arising out of your use of the Services, your violation of these Terms, or your violation of applicable law.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-law principles. Any dispute arising under these Terms will be resolved in the state or federal courts located in San Francisco County, California, and each party consents to the personal jurisdiction of those courts.

15. Changes to These Terms

We may update these Terms from time to time. We will provide at least 30 days' notice of material changes. Continued use of the Services after the effective date of changes constitutes acceptance of the revised Terms.