Terms of Service
These terms govern your use of Upstreamr, a hosted status page, monitoring and notification service.
Draft, pending legal review. This document is a template and is not yet in force. Text in [brackets] will be completed before launch.
Contents
1. Who we are
Upstreamr is provided by [Company legal name], [Registered address] (“Upstreamr”, “we”, “us”). By creating an account or using the service you agree to these terms on behalf of yourself and the organization you represent (“you”).
2. The service
Upstreamr lets you publish status pages, run monitoring checks from our infrastructure and from probe agents you operate, post incidents and maintenances, notify subscribers, follow notices from upstream providers, and use our APIs. Features and limits depend on your plan, as described on the pricing page.
Upstream provider notices are collected from third-party public sources and matched automatically. We do not guarantee that they are complete, accurate or timely; review them before publishing.
3. Accounts
- You must provide accurate information and keep your credentials secure.
- You are responsible for everything done through your organization, its members and its API keys.
- You must be at least 18 years old and able to enter into a binding contract.
4. Your content and acceptable use
You keep all rights to the content you publish (“Customer Content”) and grant us a licence to host, process and display it to provide the service. You must not use Upstreamr to:
- break the law or infringe anyone’s rights;
- send unsolicited messages, or add subscribers who have not consented;
- monitor or probe systems you are not authorized to test, or overload any system;
- distribute malware, or impersonate another person or company;
- circumvent plan limits, usage metering or security measures.
We may suspend accounts that put the service, other customers or third parties at risk.
5. Plans, billing and taxes
- The free plan is offered at no charge within its limits and may change with notice.
- Paid plans are billed monthly in advance for the base price and in arrears for usage above the included amounts, measured as the highest count of each meter during the billing period.
- Prices are in euros and exclude VAT and other taxes, which are added where applicable.
- Payments are processed by Stripe. You authorize us to charge your payment method for amounts due.
- You may set a monthly spend limit. If a payment fails, paid features remain available for a grace period. After that, free plan limits apply to anything you add or change; what already exists above those limits keeps running until you remove it or pay again.
- You can cancel at any time; cancellation takes effect at the end of the current billing period.
6. Availability and support
We aim for high availability but do not guarantee uninterrupted service unless agreed in a separate service level agreement. Support is provided by email at hello@upstreamr.com.
7. Data protection
Our Privacy Policy describes how we handle personal data as a controller. When we process personal data on your behalf, such as your subscribers’ email addresses, the Data Processing Agreement applies and forms part of these terms.
8. Intellectual property
We own the service, its software and the Upstreamr brand. You may not copy, modify or resell the service except as these terms allow. Feedback you give us may be used without obligation.
9. Warranties and liability
The service is provided “as is”. To the extent permitted by law, our total liability for any claim relating to the service is limited to the amounts you paid us in the twelve months before the claim, and we are not liable for indirect or consequential losses, lost profits or lost data. Nothing in these terms limits liability that cannot be limited by law, including for gross negligence, wilful misconduct, or death or personal injury.
10. Termination
You may close your account at any time. We may terminate these terms with 30 days’ notice, or immediately for material breach. After termination we delete Customer Content within [30] days, except where we must keep it by law.
11. Changes
We may update these terms. We will notify account owners of material changes at least 30 days in advance by email or in the admin. Continued use after changes take effect means you accept them.
12. Governing law
These terms are governed by the laws of [Member State], excluding its conflict-of-law rules. The courts of [City] have exclusive jurisdiction, without prejudice to mandatory consumer protection rules.
13. Contact
[Company legal name], [Registered address]. Email: hello@upstreamr.com.