Terms of Service

1. About Us

2. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

If you are using the Service on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms, and "you" refers to both you individually and that organisation.

These Terms constitute a legally binding agreement between you and SiteAwake.

3. Service Description

SiteAwake provides website and service monitoring tools that allow you to:

• Monitor the availability and performance of websites, APIs, and services
• Receive notifications when monitored services experience issues
• View historical uptime and performance data
• Create and manage public status pages
• Configure notification channels and alert settings

We reserve the right to modify, suspend, or discontinue any aspect of the Service. We will provide reasonable notice of any material changes that may affect your use of the Service.

4. User Accounts

4.1 Registration

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorised use of your account

4.2 Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to protect your account credentials, except where such loss arises from our negligence or breach of these Terms.

4.3 Account Termination

You may delete your account at any time through your account settings. We may suspend or terminate your account if you materially breach these Terms, after giving you reasonable notice and an opportunity to remedy the breach where practicable.

5. Acceptable Use

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

• Use the Service to monitor websites or services without authorisation from the owner
• Use the Service in any way that could damage, disable, or impair the Service
• Attempt to gain unauthorised access to any part of the Service or its systems
• Use the Service to conduct denial-of-service attacks or similar activities
• Use the Service to distribute malware, spam, or other harmful content
• Impersonate any person or entity or misrepresent your affiliation
• Violate any applicable laws, regulations, or third-party rights
• Resell or redistribute the Service without our written permission
• Use automated means to access the Service except through our API in accordance with documentation

6. Consumer Rights and Cancellation

If you are a consumer (an individual acting for purposes outside your trade, business, craft, or profession), you have certain rights under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

6.1 Right to Cancel

You have the right to cancel your contract within 14 days of signing up for a paid subscription, without giving any reason. To exercise this right, you must inform us of your decision by a clear statement (e.g., by email to contact@siteawake.com).

6.2 Effects of Cancellation

If you cancel within the 14-day cooling-off period, we will reimburse all payments received from you without undue delay and no later than 14 days from the day we receive your cancellation notice. We will use the same payment method you used for the initial transaction.

6.3 Early Access to Service

If you request that the Service begins during the cancellation period, you will be liable for an amount proportionate to what has been provided until you communicated your cancellation.

6.4 Statutory Rights

Nothing in these Terms affects your statutory rights as a consumer. The Service will be provided with reasonable care and skill. If the Service does not conform with these Terms, you may be entitled to a repeat performance or a price reduction.

7. Payment Terms

7.1 Pricing

Pricing for paid plans is available on our website. Prices are subject to change with 30 days' notice for existing subscribers.

7.2 Billing

Paid plans are billed in advance on a monthly or annual basis.

7.3 Free Trials

We may offer free trials of paid features. We will notify you before the trial ends. At the end of the trial period, you will be enrolled in the paid plan only if you have expressly agreed to this. You may cancel at any time before the trial ends.

7.4 Upgrades and Downgrades

You may upgrade or downgrade your plan at any time. Upgrades take effect immediately, and you will be charged a prorated amount. Downgrades take effect at the start of the next billing cycle.

7.5 Refunds

In addition to your statutory cancellation rights, we offer a 30-day money-back guarantee for new subscribers to paid plans. If you are not satisfied, contact us within 30 days of your initial subscription for a full refund.

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including its content, features, and functionality, is owned by SiteAwake and is protected by copyright, trademark, and other intellectual property laws of England and Wales and international treaties. You may not copy, modify, distribute, or create derivative works without our express written permission.

8.2 Your Content

You retain ownership of any content you submit to the Service (such as monitor configurations and status page content). By submitting content, you grant us a worldwide, non-exclusive licence to use, host, store, and display that content as necessary to provide the Service.

8.3 Feedback

If you provide us with feedback or suggestions about the Service, you grant us the right to use that feedback without any obligation to you.

9. Privacy and Data Protection

Our Privacy Policy explains how we collect, use, and protect your personal information in accordance with UK GDPR and the Data Protection Act 2018. By using the Service, you acknowledge that you have read and understood our Privacy Policy.

10. Third-Party Services

The Service may integrate with third-party services (such as Slack, email providers, or webhook endpoints). Your use of these integrations is subject to the terms and privacy policies of those third parties. We are not responsible for the practices of third-party services, but we will take reasonable steps to ensure that any third-party processors we use comply with applicable data protection laws.

11. Service Availability and Quality

We will use reasonable endeavours to ensure the Service is available and performs as described. However, we cannot guarantee uninterrupted availability. We will endeavour to:

• Provide reasonable notice of planned maintenance
• Restore service as quickly as reasonably possible after unplanned outages
• Keep you informed of any issues affecting your use of the Service

For business users, the Service is provided on an "as is" and "as available" basis. For consumers, this does not affect your statutory rights.

12. Limitation of Liability

12.1 Consumer Users

If you are a consumer, we do not exclude or limit our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Breach of the terms implied by section 12 of the Sale of Goods Act 1979
• Defective products under the Consumer Protection Act 1987
• Any other liability that cannot be excluded or limited by English law

12.2 Business Users

If you are a business user, we exclude all implied conditions, warranties, representations, or other terms that may apply to the Service. We will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, or data.

12.3 Liability Cap

Subject to the above, our total liability for all claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

13. Indemnification

If you are a business user, you agree to indemnify, defend, and hold harmless SiteAwake and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your use of the Service in breach of these Terms
• Your violation of any applicable laws or third-party rights
• Any content you submit to the Service that infringes third-party rights

This indemnity does not apply to consumers.

14. Termination

Either party may terminate the agreement at any time by giving notice. Upon termination:

• Your right to access and use the Service will cease at the end of your current billing period (or immediately if terminated for breach)
• We will retain your data for a reasonable period to allow you to export it, after which it will be deleted in accordance with our Privacy Policy
• You remain responsible for any outstanding fees
• Sections of these Terms that by their nature should survive termination will survive

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales.

15.1 Consumer Users

If you are a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions. Any dispute shall be subject to the non-exclusive jurisdiction of the courts of England and Wales, meaning you may bring a claim in your country of residence.

15.2 Business Users

If you are a business user, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising from these Terms.

15.3 Alternative Dispute Resolution

If you are a consumer and we cannot resolve a dispute, you may be able to use the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. However, we are not obliged to participate in alternative dispute resolution.

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of any material changes by:

• Posting the updated Terms on our website
• Updating the "Last updated" date at the top
• Sending an email notification at least 30 days before significant changes take effect

If you do not agree to the updated Terms, you may terminate your account before they take effect. Your continued use of the Service after the changes take effect indicates your acceptance of the new Terms.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SiteAwake regarding the Service. Nothing in these Terms shall exclude liability for any fraudulent misrepresentation.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision unless acknowledged and agreed to by us in writing.

17.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of all or substantially all of our assets, provided the assignee agrees to be bound by these Terms.

17.5 Third-Party Rights

A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

18. Complaints

If you have a complaint about our Service, please contact us first so we can try to resolve it:

We will acknowledge your complaint within 5 working days and aim to provide a full response within 14 working days.

19. Contact Information

If you have any questions about these Terms, please contact us at: