Terms of Service
Table of contents
- 1. Agreement to Terms
- 2. Description of Service
- 3. User Accounts
- 4. Access and Eligibility
- 5. Payments and Subscriptions
- 6. Acceptable Use Policy
- 7. DMCA Copyright Policy
- 8. Intellectual Property Rights
- 9. Privacy
- 10. Minimum Age Requirement
- 11. Beta and Preview Features
- 12. Service Level Agreement
- 13. Third-Party Services and Integrations
- 14. Disclaimers
- 15. Limitation of Liability
- 16. Force Majeure
- 17. Indemnification
- 18. Dispute Resolution
- 19. Termination
- 20. Modifications to Terms
- 21. Contact Information
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Monitronix ("Company", "we", "us", or "our") governing your access to and use of https://monitronix.io and all related services (collectively, the "Service").
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.
These Terms apply to all visitors, users, and others who access or use the Service.
2. Description of Service
Monitronix provides software-as-a-service platform accessible via web browser or application (the "Service"). The Service is provided "as is" and "as available" without warranties of any kind, either express or implied.
We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
We may release new features, updates, or enhancements to the Service at our discretion. Such updates may change, limit, or discontinue certain functionality.
3. User accounts
When you create an account, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of these Terms.
Account Security:
- • You are responsible for maintaining the confidentiality of your account credentials
- • You shall not share your password with any third party
- • You must notify us immediately of any unauthorized access at support@monitronix.io
- • You are fully responsible for all activities under your account
Account Termination:
You may terminate your account at any time by contacting us at support@monitronix.io or through your account settings. We reserve the right to suspend or terminate your account at our discretion.
4. Access and eligibility
Access and Eligibility:
- • The owner dashboard is restricted to the authorized owner account; attempts to access unauthorized areas are prohibited.
- • We reserve the right to revoke or suspend access at any time, with or without notice.
5. Payments and subscriptions
Payment Terms:
By purchasing any paid features, you agree to pay all applicable fees. You must provide valid payment information.
Subscription Terms:
- • Subscriptions are billed in advance on a recurring basis
- • Your subscription will automatically renew unless cancelled before the renewal date
- • You may cancel your subscription through account settings or by contacting support@monitronix.io
Refund Policy:
Refund requests may be submitted within 14 days of the original purchase date. To request a refund, contact support@monitronix.io with your order details.
We reserve the right to refuse refunds if we determine the Service has been substantially used or if the request appears fraudulent.
Price Changes:
We reserve the right to modify pricing at any time. We will provide reasonable notice prior to any price increases.
6. Acceptable use policy
You agree to use the Service only for lawful purposes and in accordance with these Terms.
Prohibited Activities:
- • Violating any applicable law, regulation, or third-party rights
- • Transmitting harmful, offensive, defamatory, or illegal content
- • Impersonating any person or entity, or misrepresenting your affiliation
- • Sending unsolicited communications, spam, or chain messages
- • Attempting to gain unauthorized access to any portion of the Service
- • Using automated means (bots, scrapers, crawlers) to access the Service without permission
- • Interfering with or disrupting the Service or associated servers
- • Circumventing any access controls or usage limits
API Usage:
- • API access is subject to rate limits and usage quotas
- • Automated data collection must comply with our API terms
- • We may revoke API access for violations of these terms
We reserve the right to investigate violations and may suspend or terminate access at our discretion.
7. DMCA copyright policy
DMCA Notice and Takedown Procedure:
If you believe that content on our Service infringes your copyright, please submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) to our designated Copyright Agent at support@monitronix.io.
Your notification must include:
- • Identification of the copyrighted work claimed to be infringed
- • Identification of the allegedly infringing material with sufficient detail to locate it
- • Your contact information (address, telephone, email)
- • A statement that you have a good faith belief that use is not authorized
- • A statement, under penalty of perjury, that the information is accurate and you are authorized to act
- • Your physical or electronic signature
Counter-Notification:
If you believe your content was removed in error, you may submit a counter-notification with the required statutory elements.
Repeat Infringer Policy:
We maintain a policy to terminate accounts of repeat infringers.
8. Intellectual property rights
Ownership:
The Service and its original content, features, and functionality are and shall remain the exclusive property of Monitronix and its licensors. The Service is protected by copyright, trademark, patent, trade secret, and other intellectual property laws of United States and foreign jurisdictions.
Restrictions:
You shall not:
- • Copy, modify, or create derivative works based on the Service
- • Reverse engineer, decompile, or disassemble the Service
- • Remove any proprietary notices from the Service
- • Use our trademarks without prior written consent
License:
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes.
9. Privacy
Your use of the Service is also governed by our Privacy Policy, available at https://monitronix.io/privacy.
By using the Service, you consent to our collection and use of information as described in the Privacy Policy.
EU/EEA users: You have rights under GDPR including access, correction, deletion, and data portability. California residents: You have rights under CCPA/CPRA including knowing what data we collect and opting out of data sales.
10. Minimum age requirement
The Service is intended for users who are at least 16 years of age (GDPR-compliant age). By accessing or using the Service, you represent and warrant that you are at least 16 years old.
If you are under 16 years of age, you are not permitted to use the Service.
Parental Responsibility:
If you are a parent or guardian and believe your child has provided us with personal information without your consent, please contact us. If we become aware that we have collected personal information from a user under the age of 16 without appropriate consent, we will take steps to delete that information.
11. Beta and preview features
Beta and Preview Features:
Monitronix may offer certain features designated as "Beta," "Preview," "Early Access," or similar terminology ("Beta Features"). By using Beta Features, you acknowledge and agree that:
- • Beta Features are experimental and may contain errors, bugs, or defects
- • Beta Features may be modified, suspended, or discontinued at any time without notice
- • Beta Features are provided "as is" without warranties of any kind
- • Monitronix shall not be liable for any damages arising from use of Beta Features
- • Your use of Beta Features is at your sole risk
Feedback you provide about Beta Features may be used by Monitronix without compensation or attribution.
12. Service level agreement
Service Level Agreement:
Monitronix endeavors to maintain high service availability. While we target 99.9% monthly uptime, this is a goal, not a guarantee.
Uptime Calculation:
Uptime is calculated as: (Total Minutes - Downtime Minutes) / Total Minutes × 100
Exclusions from Downtime:
- • Scheduled maintenance (with reasonable advance notice)
- • Emergency maintenance required for security or stability
- • Issues caused by factors outside Monitronix reasonable control
- • Connectivity issues on the user's end
- • Force majeure events
Service Credits:
If monthly uptime falls below 99.5% due to issues within our control, affected users may request service credits. Credits are the sole remedy for service disruptions and are capped at 30% of monthly fees.
To request credits, contact us within 30 days of the incident with documentation of the outage.
13. Third-party services and integrations
Third-Party Services and Integrations:
The Service may integrate with, link to, or rely upon third-party services, platforms, and applications ("Third-Party Services"). Your use of Third-Party Services is subject to the following:
- • Monitronix does not control, endorse, or assume responsibility for Third-Party Services
- • Third-Party Services are governed by their own terms of service and privacy policies
- • Monitronix makes no representations about the availability, quality, or security of Third-Party Services
- • Integration with Third-Party Services does not imply partnership, endorsement, or affiliation
Your Responsibilities:
- • Review and comply with Third-Party Service terms and policies
- • Understand how Third-Party Services collect, use, and share your data
- • Maintain your own accounts and relationships with Third-Party Services
Limitation of Liability:
Monitronix shall not be liable for:
- • Actions, omissions, or failures of Third-Party Services
- • Loss of data or service interruptions caused by Third-Party Services
- • Changes to or discontinuation of Third-Party Services
Your sole remedy for issues with Third-Party Services is with the respective third-party provider.
14. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise.
Monitronix expressly disclaims all warranties including, but not limited to:
- • Implied warranties of merchantability
- • Fitness for a particular purpose
- • Non-infringement
- • Accuracy, reliability, or completeness of content
- • Uninterrupted, timely, secure, or error-free operation
No advice or information obtained from Monitronix shall create any warranty not expressly stated in these Terms.
15. Limitation of liability
To the maximum extent permitted by law, in no event shall Monitronix, its affiliates, directors, employees, or licensors be liable for:
- • Any indirect, incidental, special, consequential, or punitive damages
- • Loss of profits, data, use, goodwill, or other intangible losses
- • Damages arising from your use of or inability to use the Service
- • Conduct or content of any third party on the Service
- • Unauthorized access to your data or transmissions
In no event shall our total liability exceed the amount paid by you for the Service in the 12 months preceding the claim.
This limitation applies regardless of the legal theory (contract, tort, strict liability, or otherwise).
16. Force Majeure
Force Majeure:
Neither party shall be liable for any failure or delay in performing their obligations under these Terms if such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to:
- • Acts of God, including earthquakes, floods, fires, or other natural disasters
- • War, terrorism, riots, civil unrest, or armed conflict
- • Government actions, sanctions, embargoes, or regulatory changes
- • Epidemics, pandemics, or public health emergencies
- • Failure of third-party telecommunications or power infrastructure
- • Cyberattacks, including DDoS attacks, on infrastructure providers
- • Labor disputes, strikes, or workforce shortages
The affected party shall:
- • Provide prompt notice of the force majeure event
- • Use commercially reasonable efforts to mitigate its effects
- • Resume performance as soon as reasonably practicable
If a force majeure event continues for more than 60 days, either party may terminate the affected services without liability.
17. Indemnification
Indemnification:
You agree to defend, indemnify, and hold harmless Monitronix, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- • Your violation of these Terms
- • Your User Content
- • Your use of the Service
- • Your violation of any third-party rights or applicable law
18. Dispute resolution
Governing Law:
These Terms shall be governed by and construed in accordance with the laws of Delaware, United States, without regard to conflict of law principles.
Dispute Resolution:
Any dispute arising from these Terms shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be held in Delaware.
Class action waiver: you agree that any claims shall be brought in your individual capacity only, and not as a plaintiff or class member in any purported class or representative proceeding.
Severability:
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
19. Termination
Termination by You:
You may terminate your account at any time by contacting support@monitronix.io or through your account settings. You may terminate immediately to terminate your use of paid services.
Termination by Us:
We may terminate or suspend your access immediately, without prior notice or liability, for any reason, including breach of these Terms.
Data Export: Upon request, we will provide a copy of your data in a commonly used format prior to account termination.
Effect of Termination:
Upon termination:
- • Your right to use the Service ceases immediately
- • We may delete your account and associated data
- • Provisions that by their nature should survive (including disclaimers, limitations of liability, and indemnification) shall survive termination
20. Modifications to terms
Modifications:
Monitronix reserves the right to modify these Terms at any time at our sole discretion.
For material changes, we will provide at least 30 days advance notice by posting the updated Terms or through other reasonable means.
Your continued use of the Service after the effective date of revised Terms constitutes acceptance of such changes.
If you do not agree to the revised Terms, you must discontinue use of the Service.
21. Contact information
Contact Information:
For questions or concerns regarding these Terms, please contact us:
Monitronix
Email: support@monitronix.io
Website: https://monitronix.io