Terms and Conditions

[As of 30 March 2020]

These Terms and Conditions (“Terms”) govern your use of Uptime App Ltd. (“Uptime’s”) website and the Uptime application - www.uptime.app (the “Uptime Services”).  By browsing and using the Uptime Services, you agree be bound by and to comply with these Terms.  If you do not agree with any part of these Terms, please do not use the Uptime Services.

Use of the Uptime Services

The Uptime Services are provided for information purposes only and do not offer any specific advice or recommendations.  You are solely responsible for all costs and expenses which you incur in relation to your use of the Uptime Services, including, but not limited to, any charges relating to internet access.  Uptime may change the content of the Uptime Services at any time and without any notice to you.

Availability of the Uptime Services

Uptime reserves the right to modify, suspend access to or discontinue the Uptime Services, either temporarily or permanently, either with or without notice to you.  Uptime may prevent or restrict your access to the Uptime Services if you do not comply with any part of these Terms or any applicable laws.

License Agreement

Uptime grants you a limited, non-exclusive, non-transferable and revocable license (the “License”) to access and use the Uptime Services. You may only use the Uptime Services on a device that you control. The terms of this License will also govern any upgrades provided by Uptime that replace and/or supplement the original Uptime Services, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

However, your right to use the Uptime Services does not include any of the following, which is explicitly prohibited when using the Uptime Services:

·      Modifying or otherwise making any derivative uses of the Uptime Services or any portion thereof;

·      Using any data mining, robots or similar data gathering or extraction methods, downloading (other than page caching) of any portion of the Uptime Services or any information contained therein;

·      Attempting to access areas/features of the Uptime Services that you are not authorized to access;

·      Any activity that will compromise the security of the Uptime Services;

·      Reverse engineering or access to the Uptime Services in order to build a competitive product or service;

·      Using the Uptime Services in any manner that could damage, disable, overburden or impair the functioning of the Uptime Services in any manner; and/or

·      Using the Uptime Services other than for its intended purposes or in any way that infringes any of the terms and conditions of this agreement.

By using or accessing the Uptime Services you agree, represent and warrant not to do any of this. In case of non-compliance, we may terminate your use of the Uptime Services.

Age Requirements/ Permission by Parent or Guardian

You must be at least 13 years old to use the Uptime Services.  If you are under 18, you represent that you have your parent or guardian’s permission to use the Uptime Services. Please have them read this Agreement with you.  If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Uptime Services, you are subject to the terms of this Agreement and responsible for your child’s activity on the Uptime Services.

Intellectual Property Rights

You acknowledge and agree that the Uptime Services and all intellectual property rights in it and its content are owned by Uptime and/or its licensors and nothing in these Terms grants you any proprietary rights in the Uptime Services or its content. You may use the Uptime Services and its content only as permitted by these Terms and as necessary to enable you to access any services we may provide to you through the Uptime Services.

You shall not circumvent or delete any copyright, trademark or other proprietary notices contained in the Uptime Services, including any intellectual property notices, or any other security technology embedded or contained within the Uptime Services.

Reproduction of the Uptime Services, Third-party Information and Links

You shall not copy, reproduce or redistribute any of the Uptime Services or its content, in whole or in part, unless you have Uptime’s express written consent to do so.

Any links or connections to third-party websites, web services and content contained in the Uptime Services are not under Uptime’s control and Uptime is not responsible for, and does not endorse, such websites, web services and content or any cookies such third parties may place on your computer or device. Your use of these third-party websites, web services and content may be subject to third-party terms and requirements and you acknowledge and agree that you are responsible for adhering to these. You shall use your own independent judgment regarding your interaction with any third-party websites, web services or content.

Security

You shall use reasonable endeavours to ensure that you do not introduce computer viruses, worms, software bombs or other similar items into the Uptime Services.  You shall not use the Uptime Services in a way that could damage, disable, overburden, impair or compromise the Uptime Services or its security.

Accuracy of Information Contained in The Uptime Services

Though Uptime tries very hard to ensure that information on the Uptime Services are correct, neither Uptime, nor any third parties, provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the content found or offered on the Uptime Services for any particular purpose.  You acknowledge and agree that the content on the Uptime Services may contain inaccuracies or errors and that you rely on such content entirely at your own risk.

Liability

To the fullest extent permitted by law, Uptime accepts no liability in any event (including, but not limited to, (i) negligence for any damages or loss of any kind, (ii) direct, indirect, incidental, special or consequential damages or losses arising out of, or in connection with, any error, omission, defect, computer virus or system failures, or (iii) loss of any profit, goodwill or reputation) arising out of or in connection with the access to, use of, unavailability of, performance of or linking to the Uptime Services or any of its content.

You acknowledge and agree that if you do not own the computer or device on which you access the Uptime Services, you have obtained permission from the owner to use and access the Uptime Services from such a computer or device and that you are responsible for the use of and access to the Uptime Services by way of such a computer or device.

Other

Uptime reserves the right to update these Terms from time to time by making a revised version available to you on the Uptime Services. Your continued use of the Uptime Services following any changes will mean that you accept such changes. It is your responsibility to check these Terms from time to time to verify such changes.  Uptime may similarly revise our Privacy policy.

You shall have no right to vary these Terms without Uptime’s express prior written agreement.

Uptime may assign, novate or otherwise transfer any of its rights or obligations under these Terms to a purchaser of all or substantially all of our assets or business involved in the performance of these Terms, by giving you written notice including notice on the Uptime Services. You shall not assign, novate or transfer any of your rights or obligations under these Terms without Uptime’s prior written consent.

No one other than a party to these Terms has any right to enforce them under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

If any provision or part-provision of these Terms is held or made invalid, illegal or unenforceable by a court or legislative instrument, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.

Your use of the Uptime Services and any dispute arising out of such use is subject to the laws of England and Wales, and the English courts will have jurisdiction in any such matters.

Privacy

Uptime’s Privacy Policy can be found here.

Company Information

Uptime App Ltd. is registered in England and Wales, number 11587829, with its registered office at 1st Floor, The Glassmill, 1 Battersea Bridge Road, London SW11 3BZ.