1.These terms, and who they are between
These Terms of Service (the “Terms”) are an agreement between [[COMPANY_LEGAL_NAME]], registered at [[REGISTERED_ADDRESS]], company number [[COMPANY_NUMBER]], VAT number [[VAT_NUMBER]] (“zutpralik”, “we”, “us”), and the organisation or person that opens an account (“you”, the “Customer”).
They apply from the moment you create an account or start using the service, whichever is first. If you are agreeing on behalf of a company, you confirm you are authorised to bind it.
Three other documents form part of this agreement and are incorporated by reference: the Privacy Policy, the Data Processing Agreement (which applies whenever you enter personal data about your own clients) and the Service Level Description. Where they conflict with these Terms, the DPA prevails on data protection, and these Terms prevail on everything else.
2.What the service is
zutpralik is a multi-tenant, hosted website-monitoring platform. It checks the sites you register at an interval set by your plan, records the results, opens and closes incidents, tracks SSL certificate and domain expiry, sends alerts to the channels you configure, and lets you organise everything by client and raise invoices to them.
The service is delivered as software-as-a-service. We host it, we maintain it, and we may change how it works — adding, altering or removing features — provided we do not materially reduce the core functionality of a plan you are paying for during a period you have already been invoiced for. Material reductions will be notified in advance and entitle you to terminate under section 12.
3.Accounts, users and invitations
- You are responsible for everything done through your account, including by the users you invite. Invitations are valid for 7 days.
- Keep credentials confidential. Do not share logins between people — invite a user instead, so that actions can be attributed correctly.
- Tell us promptly at [[CONTACT_EMAIL]] if you suspect unauthorised access.
- You must give accurate account and billing information and keep it up to date.
- Our administrators can, in a support or investigation context, open a “view as user” session against an account. Every such session is written to an audit log with the administrator’s identity, IP address and user-agent. We do not use this capability for any purpose other than operating and supporting the platform.
5.Acceptable use
You must not, and must not allow anyone else to:
- break the law, or infringe anyone’s rights, using the service;
- attempt to access another tenant’s data, defeat the tenant isolation, or otherwise probe, scan or test the security of the platform without our written permission;
- upload or transmit malware, or use the service to distribute unlawful or abusive content;
- resell, sublicense or white-label the service beyond what your plan allows (client portals for your own clients are exactly what the product is for and are always permitted);
- reverse engineer, copy or create a derivative of the platform, except to the extent that restriction is unenforceable under applicable law;
- circumvent plan quotas — site limits, check intervals or retention windows — by technical means or by splitting a single organisation across accounts;
- enter special categories of personal data (health, biometrics, political opinions and the rest of GDPR Art. 9) into the platform.
Automated access to our API is fine within your plan’s limits and provided it does not destabilise the service.
6.Plans and quotas
Each plan sets a maximum number of monitored sites, the check interval, the retention window for raw check history, and which check types are available:
| Plan | Sites | Check interval | Check history |
|---|---|---|---|
| Basic | 5 | every 2 minutes | 30 days |
| Pro | 20 | every 60 seconds | 180 days |
| Business | 50 | every 30 seconds | 365 days |
Quotas are enforced by the platform. Raw check results older than your plan’s retention window are deleted nightly and cannot be recovered — if you need a longer history, upgrade before the data ages out. Current prices and any additional tiers are published on the pricing section of our website.
7.Fees, invoices and payment
Billing is deliberately simple, and it is invoice-based:
- No card on file. We do not collect or store payment card details. We issue an invoice and you settle it by bank transfer.
- Monthly or annual. Monthly plans are invoiced each period in advance. On annual billing you pay for 11 months and receive 12 — one month free — invoiced yearly and arranged during onboarding.
- Cancel any time. Cancellation takes effect at the end of the period you have already paid for. There is no notice period and no cancellation fee.
- Upgrades take effect immediately, and the difference is reflected on your next invoice. Downgrades take effect at the start of the next billing period, and you must first bring your usage within the lower plan’s quotas.
- Prices are exclusive of VAT and any other applicable taxes, which are added where required. Where the reverse charge applies, you must provide a valid VAT number.
- Invoices are payable within 14 days of issue unless stated otherwise on the invoice. We may charge statutory interest on late payment, and we may suspend the service after written notice if an invoice remains unpaid 30 days past its due date. Monitoring stops while an account is suspended.
- Fees already paid are non-refundable except where these Terms or mandatory law say otherwise.
Invoices you raise to your own clients through the platform are strictly between you and them. We are not a party to them, we do not process those payments, and we take no responsibility for their content, accuracy or collection.
We may change our prices with at least 30 days’ notice. A change never affects a period already invoiced, and if you do not accept it you may terminate before it takes effect.
8.Your data and our platform
You keep everything you put in. Your account data, your client records, your sites and the monitoring history generated for them remain yours. We claim no ownership over them.
You grant us a limited, non-exclusive licence to host, copy, transmit and display that data solely to operate the service for you, to back it up and to support you. Where the data includes personal data about your clients, you are the controller and we are your processor: the Data Processing Agreement governs it, and it applies automatically.
We keep the platform. The software, the interface, the brand and all associated intellectual property are ours or our licensors’. Nothing here transfers any of it to you beyond the right to use the service under these Terms.
If you send us feedback or suggestions, we may use them freely and without obligation. We will not identify you as their source without your permission.
We will not name you as a customer publicly without your consent. Each party will keep the other’s non-public information confidential and use it only for the purposes of this agreement.
9.Availability, support and monitoring accuracy
Our availability target, what is excluded from it, how planned maintenance is announced and our support response targets are set out in the Service Level Description. During the private beta these are targets, and no service credits are offered.
10.Warranties and disclaimers
We warrant that we will provide the service with reasonable skill and care, and in accordance with these Terms.
Beyond that, and to the fullest extent permitted by law, the service is provided “as is” and “as available”. We do not warrant that it will be uninterrupted or error-free, that every check will always run on schedule, that every alert will be delivered, or that the results will be complete or accurate for any particular purpose. All implied warranties, conditions and terms are excluded to the extent the law allows.
Nothing in these Terms limits any rights you have as a consumer under mandatory law.
11.Limitation of liability
Neither party excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.
Subject to that:
- Neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of business or goodwill, or loss or corruption of data, however caused.
- Our total aggregate liability arising out of or in connection with this agreement, whether in contract, tort (including negligence) or otherwise, is limited to the total fees you paid us in the 12 months preceding the event giving rise to the claim.
- Where no fees have been paid — for example during a free trial or an unpaid beta — our aggregate liability is limited to EUR 100.
- We are not liable for downtime, damage or loss suffered by your websites, nor for any consequence of a monitoring result being missed, late or wrong.
This allocation of risk is reflected in the price of the service. Your obligation to pay fees already due is unaffected by it.
12.Term, suspension and termination
This agreement starts when you create an account and continues until it is terminated.
- You may terminate at any time, effective at the end of the period you have paid for, by cancelling in the application or writing to [[CONTACT_EMAIL]].
- We may terminate for convenience on 30 days’ written notice, and will refund the unused portion of any period paid in advance.
- Either party may terminate immediately if the other commits a material breach that is not remedied within 14 days of written notice, or becomes insolvent.
- We may suspend the service immediately, without prior notice where necessary, for unauthorised monitoring (section 4), a serious breach of acceptable use (section 5), a security threat to the platform, or invoices more than 30 days overdue. We will tell you why and restore the service once the cause is resolved.
On termination, monitoring stops and access ends. You may export your data before the end date, and for 30 days afterwards you may ask us for an export. After that, and in any event on request, we delete your data as described in the DPA — noting that copies can persist in rotating backups for up to 8 weeks. Sections on confidentiality, our intellectual property, liability and governing law survive termination.
13.Changes to these Terms
We may amend these Terms. For material changes we will give at least 30 days’ notice by e-mail to account administrators or in the application, and the change takes effect at the start of your next billing period. If you do not accept it, you may terminate before it takes effect; continuing to use the service afterwards means you accept the amended Terms. The “last updated” date at the top of this page always reflects the current version.
14.Governing law, disputes and general terms
Governing law. This agreement and any non-contractual obligations arising from it are governed by the laws of [[GOVERNING_LAW_COUNTRY]], and the courts of [[GOVERNING_LAW_COUNTRY]] have exclusive jurisdiction. If you are a consumer resident in the EU, this does not deprive you of the protection of the mandatory law of your country of residence, and you may bring proceedings there.
Before litigating, please write to [[CONTACT_EMAIL]]: most disputes are cheaper and faster to resolve by talking.
- Entire agreement. These Terms, together with the Privacy Policy, the DPA and the Service Level Description, are the whole agreement between us and replace anything said or written beforehand.
- Severability. If a provision is held unenforceable, the rest stays in force and the provision is read down to the minimum extent necessary.
- No waiver. Not enforcing a right on one occasion does not waive it.
- Assignment. You may not assign this agreement without our written consent. We may assign it to a successor of our business, on notice to you.
- Subcontracting. We may use subcontractors (see the sub-processor list in the DPA) and remain responsible for their performance.
- Force majeure. Neither party is liable for failures caused by events beyond its reasonable control.
- No partnership. Nothing here creates a partnership, agency or employment relationship.
- Notices. Notices to us go to [[CONTACT_EMAIL]]; notices to you go to the e-mail address on your account.
- Language. The English version of these Terms prevails over any translation.