Terms of Service

Agreement to terms

These Terms of Service ("Terms") govern your access to and use of Observe's websites, applications, and related services (the "Service"). By creating an account, clicking to accept, or using the Service, you agree to these Terms on behalf of yourself and, if applicable, the organization you represent.

These Terms are a general template. They are not legal advice. Have them reviewed and adapted for your business before relying on them in production.

Eligibility and accounts

You must provide accurate registration information and keep it current. You are responsible for safeguarding credentials and for all activity under your account. Notify us promptly of unauthorized use.

If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

The Service

The Service provides tools to monitor endpoints you configure, notify you of incidents, and related features as described in our documentation and in-product experience. We may modify, suspend, or discontinue features with reasonable notice where practicable.

Your responsibilities

You are responsible for URLs, servers, and systems you choose to monitor, and for ensuring you have the right to configure such checks.
You must not use the Service to violate law, infringe others' rights, probe or attack systems without authorization, distribute malware, send spam, or overload infrastructure.
You must not attempt to bypass security, access data you are not authorized to see, or reverse engineer the Service except where applicable law prohibits this restriction.

Subscriptions and fees

Paid plans, trials, renewals, and taxes are described at checkout and in your billing settings. Fees are charged through our payment processor. Failure to pay may result in suspension or termination of access.

Intellectual property

We retain all rights in the Service, branding, and our content. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use the Service for your internal business purposes.

You retain rights in your data. You grant us a license to host, process, and display your data as needed to provide the Service.

Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Monitoring and alerts are aids only. We do not guarantee uninterrupted availability, error-free operation, or that incidents will be detected or reported in every case.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER Observe NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR ONE HUNDRED US DOLLARS (US$100).

Indemnity

You will defend and indemnify us and our affiliates, officers, and employees against third-party claims and costs arising from your use of the Service, your data, or your violation of these Terms, except to the extent caused by our willful misconduct.

Suspension and termination

We may suspend or terminate access for breach of these Terms, risk to the Service or others, or non-payment. You may stop using the Service at any time. Provisions that by their nature should survive will survive termination.

Governing law and disputes

Set LEGAL_GOVERNING_LAW in your environment (see config/legal.php) to describe which laws and venue apply. Until then, consult counsel to determine the appropriate governing law for your customers.

Changes

We may update these Terms from time to time. We will post the revised Terms and update the "Last updated" date. Continued use after changes become effective constitutes acceptance, except where applicable law requires additional consent.

Contact

For questions about these Terms, contact your organization administrator or use the channels provided in the Service.