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The following terms and conditions govern all use of the Uptime Robot website and all content, services and products available at or through the website. The Website is owned and operated by Grumbling Gorillas Technolgies Ltd trading as WatchFort. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, WatchFort's Privacy Policy) and procedures that may be published from time to time on this Site by WatchFort (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by WatchFort, acceptance is expressly limited to these terms.
Your WatchFort Account and Site.
If you have an account on the Website, you are responsible for maintaining the security of your account (e-mail used, password or api keys) 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 describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and WatchFort may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause WatchFort liability. You must immediately notify WatchFort of any unauthorized uses of your account or any other breaches of security. WatchFort 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 Website, you are entirely responsible for:
WatchFort has the right (though not the obligation) to, in WatchFort's sole discretion (i) refuse or remove any content (probes) that, in WatchFort's reasonable opinion, violates any WatchFort policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in WatchFort's sole discretion. WatchFort will have no obligation to provide a refund of any amounts previously paid.
Services Provided.
WatchFort automatically checks if the probes defined by you in user-defined intervals. And, once a downtime is detected, it can notify the "user-defined contacts" with various methods (like e-mail, SMS[Feature coming soon]).
The monitoring methods include:While it is free to create an account with WatchFort, no services will be provided until a subscription has been purchased.
General Terms.
Optional paid services such as extra probes or SMS messages are available on the Website (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay WatchFort the annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for an annual subscription period as indicated. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged or credited the new prorated amount for the current payment period and the new rate will apply on your next billing cycle. WatchFort reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you.
Minimal Hardware and Software Requirements for Using WatchFort.
WatchFort can be used with any operating system (including mobile) that can run a modern browser (IE8+, Google Chrome, Safari, Firefox).
Purchase Process
Services provided by WatchFort can be purchased through the "Subscription link" that can be reached after logging in the website. The process works as:
Automatic Renewal.
Unless you notify WatchFort 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 annual or 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 My Settings section of your site's dashboard.
Refunds
You may terminate your subscription to the Upgrade at any time and you will not be obligated to pay any additional fees for upcoming subscription renewal periods. However, any subscription fees you have paid in advance will not be refunded unless there has been 30 days or less since the payment. For payments made in the last 30 days or less, only those payments are refundable
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 performance of the services. The services will be deemed to be successfully delivered to you upon performance of the services.
Intellectual Property.
This Agreement does not transfer from WatchFort to you any WatchFort or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with UWatchFort. WatchFort, the WatchFort logo, and all other trademarks, service marks, graphics and logos used in connection with WatchFort, or the Website are trademarks or registered trademarks of WatchFort or WatchFort's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Uptime Robot or third-party trademarks.
Changes.
WatchFort 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 Website following the posting of any changes to this Agreement constitutes acceptance of those changes. WatchFort may also, in the future, offer new services and/or features through the Website (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.
WatchFort may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your WatchFort account (if you have one), you may simply discontinue using the Website. 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 Website is provided "as is". WatchFort 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 WatchFort nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability.
In no event will WatchFort, 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: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to WatchFort under this agreement during the twelve (12) month period prior to the cause of action. WatchFort 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.
General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with the WatchFort Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Malta or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification.
You agree to indemnify and hold harmless WatchFort, 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 Website, including but not limited to your violation of this Agreement.
Miscellaneous.
This Agreement constitutes the entire agreement between WatchFort and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of WatchFort, or by the posting by WatchFort of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of United Kingdom. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; WatchFort 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.
Change log:
WatchFort (a service by Grumbling Gorillas Technologies Ltd.) operates several websites including WatchFort.com, api.WatchFort.com and blog.WatchFort.com. It is WatchFort's policy to respect your privacy regarding any information we may collect while operating our website.
What This Policy Covers
This Privacy Policy applies to information that we collect about you when you use:
Throughout this Privacy Policy, we’ll refer to our website, mobile applications and other products and services collectively as “Services.”
Below we explain how we collect, use, and share information about you, along with the choices that you have with respect to that information.
Information We Collect
We only collect information about you if we have a reason to do so–for example, to provide our Services, to communicate with you, or to make our Services better.
We collect information in two ways: if and when you provide information to us and automatically through operating our Services. Let’s go over the information that we collect.
Information You Provide to Us
It’s probably no surprise that we collect information that you provide to us. The amount and type of information depends on the context and how we use the information. Here are some examples:
Basic Account Information:
We ask for basic information from you in order to set up your account. For example, we require individuals who sign up for an WatchFort.com account to provide name-surname, email address , password and that’s it.
Transaction and Billing Information:
If you buy something from us–a subscription to a WatchFort.com plan, SMS messages, etc, for example–you will provide additional personal and payment information that is required to process the transaction and your payment, such as your name, credit card information, and contact information.
Credentials:
Depending on the Services you use, you may provide us with credentials for your website (like SSH, FTP, and SFTP username and password).
Communications With Us (Hi There!):
You may also provide us information when you respond to surveys or communicate with our team about a support question.
Information We Collect Automatically
We also collect some information automatically:
Log Information:
Like most online service providers, we collect information that web browsers, mobile devices, and servers typically make available, such as the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information. We collect log information when you use our Services–for example, when you create or make changes to your account.
Usage Information:
We collect information about your usage of our Services. For example, we collect information about the pages you visit or site parts that you check the most. We use this information to, for example, provide our Services to you, as well as get insights on how people use our Services, so we can make our Services better.
Location Information:
We may determine the approximate location of your device from your IP address. We collect and use this information to, for example, calculate how many people visit our Services from certain geographic regions.
Information from Cookies & Other Technologies:
A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Pixel tags (also called web beacons) are small blocks of code placed on websites and emails. WatchFort uses cookies and other technologies like pixel tags to help us identify and track visitors, usage, and access preferences for our Services, as well as track and understand email campaign effectiveness.
How And Why We Use Information
Purposes for Using Information
We use information about you as mentioned above and for the purposes listed below:
Legal Bases for Collecting and Using Information
A note here for those in the European Union about our legal grounds for processing information about you under EU data protection laws, which is that our use of your information is based on the grounds that:
(1) The use is necessary in order to fulfill our commitments to you under our Terms of Service or other agreements with you or is necessary to administer your account–for example, in order to enable access to our website on your device or charge you for a paid plan; or
(2) The use is necessary for compliance with a legal obligation; or
(3) The use is necessary in order to protect your vital interests or those of another person; or
(4) We have a legitimate interest in using your information–for example, to provide and update our Services, to improve our Services so that we can offer you an even better user experience, to safeguard our Services, to communicate with you, to measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition, to monitor and prevent any problems with our Services, and to personalize your experience; or
(5) You have given us your consent–for example before we place certain cookies on your device and access and analyze them later on
Sharing Information
How We Share Information
We do not sell our users’ private personal information.
We share information about you in the limited circumstances spelled out below and with appropriate safeguards on your privacy:
Subsidiaries, Employees, and Independent Contractors: We may disclose information about you to our subsidiaries, our employees, and individuals who are our independent contractors that need to know the information in order to help us provide our Services or to process the information on our behalf. We require our subsidiaries, employees, and independent contractors to follow this Privacy Policy for personal information that we share with them.
Third Party Vendors:
We may share information about you with third party vendors who need to know information about you in order to provide their services to us, or to provide their services to you. This group includes vendors that help us provide our Services to you (like payment providers that process your credit and debit card information, fraud prevention services that allow us to analyze fraudulent payment transactions, SMS and email delivery services that help us stay in touch with you), those that assist us with our marketing efforts (e.g. by providing tools for identifying a specific marketing target group or improving our marketing campaigns), those that help us understand and enhance our Services (like analytics providers) who may need information about you in order to, for example, provide technical or other support services to you. We require vendors to agree to privacy commitments in order to share information with them. These vendors are listed in in the "List of data sub-processors" section below.
Legal Requests:
We may disclose information about you in response to a subpoena, court order, or other governmental request.
To Protect Rights, Property, and Others:
We may disclose information about you when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of WatchFort, third parties, or the public at large. For example, if we have a good faith belief that there is an imminent danger of death or serious physical injury, we may disclose information related to the emergency without delay.
Business Transfers:
In connection with any merger, sale of company assets, or acquisition of all or a portion of our business by another company, or in the unlikely event that WatchFort goes out of business or enters bankruptcy, user information would likely be one of the assets that is transferred or acquired by a third party. If any of these events were to happen, this Privacy Policy would continue to apply to your information and the party receiving your information may continue to use your information, but only consistent with this Privacy Policy.
With Your Consent:
We may share and disclose information with your consent or at your direction. For example, we may share your information with third parties with which you authorize us to do so, such as the social media services that you connect to our site.
Aggregated or De-Identified Information:
We may share information that has been aggregated or reasonably de-identified, so that the information could not reasonably be used to identify you. For instance, we may publish aggregate statistics about the use of our Services.
Security
While no online service is 100% secure, we work very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so, such as monitoring our Services for potential vulnerabilities and attacks.
To enhance the security of your account, we encourage you to enable our advanced security settings, like Two Step Authentication.
Choices
You have several choices available when it comes to information about you:
Limit the Information that You Provide: If you have an account with us, you can choose not to provide the optional account information, profile information, and transaction and billing information. Please keep in mind that if you do not provide this information, certain features of our Services–for example, paid ones, may not be accessible.
Opt-Out of Electronic Communications:
You may opt out of receiving promotional messages from us. Just follow the instructions in those messages. If you opt out of promotional messages, we may still send you other messages, like those about your account, monitoring alerts and legal notices.
Set Your Browser to Reject Cookies:
At this time, WatchFort does not respond to “do not track” signals across all of our Services. However, you can usually choose to set your browser to remove or reject browser cookies before using UWatchFort’s websites, with the drawback that certain features of WatchFort’s websites may not function properly without the aid of cookies.
Close Your Account:
While we’d be very sad to see you go, if you no longer want to use our Services, you can close your WatchFort.com account. Please keep in mind that we may continue to retain your information after closing your account, as described in How Long We Keep Information above–for example, when that information is reasonably needed to comply with (or demonstrate our compliance with) legal obligations such as law enforcement requests, or reasonably needed for our legitimate business interests.
Your Rights
If you are located in certain countries, including those that fall under the scope of the European General Data Protection Regulation (AKA the “GDPR”), data protection laws give you rights with respect to your personal data, subject to any exemptions provided by the law, including the rights to:You can usually access, correct, or delete your personal data using your account settings and tools that we offer, but if you aren’t able to do that, or you would like to contact us about one of the other rights, scroll down to How to Reach Us to, well, find out how to reach us.
EU individuals also have the right to make a complaint to a government supervisory authority.
How to Reach Us
If you have a question about this Privacy Policy, or you would like to contact us about any of the rights mentioned in the Your Rights section above, please contact us at support@watchfort.com
Other Things You Should Know (Keep Reading!)
Transferring Information
Because WatchFort’s Services are offered worldwide, the information about you that we process when you use the Services in the EU may be used, stored, and/or accessed by individuals operating outside the European Economic Area (EEA) who work for us, other members of our group of companies, or third party data processors. This is required for the purposes listed in the How and Why We Use Information section above. When providing information about you to entities outside the EEA, we will take appropriate measures to ensure that the recipient protects your personal information adequately in accordance with this Privacy Policy as required by applicable law.
Ads and Analytics Services Provided by Others
Other parties may also provide analytics services via our Services. These analytics providers may set tracking technologies (like cookies) to collect information about your use of our Services and across other websites and online services. These technologies allow these third parties to recognize your device to compile information about you or others who use your device. This information allows us and other companies to, among other things, analyze and track usage. Please note this Privacy Policy only covers the collection of information by WatchFort and does not cover the collection of information by any third party advertisers or analytics providers.
List of Sub-processors
WatchFort uses the following products/services (which are all GDPR compliant):
Privacy Policy Changes
Although most changes are likely to be minor, WatchFort may change its Privacy Policy from time to time, and in WatchFort's sole discretion. WatchFort encourages visitors to frequently check this page for any changes to its Privacy Policy.
Change log:
Change log: