Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and OPEN SOFT LLC ("we," "us," or "our"), concerning your access to and use of the NETMONITY monitoring services and website (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Services.

You represent that you are over the age of 18. We do not permit those under 18 to use the Services.

2. Our Services

NETMONITY provides cloud-based monitoring services for servers, networks, websites, and applications. Our Services include:

• Server and infrastructure monitoring
• Website and application uptime monitoring
• Network performance monitoring
• Alerting and notification systems
• Performance analytics and reporting

We reserve the right to modify, suspend, or discontinue any part of the Services at any time without notice or liability.

3. User Accounts

3.1. Account Creation

To access certain features of the Services, you must register for an account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy.

3.2. Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3.3. Account Types

We offer different account types with varying features and limitations. You may upgrade or downgrade your account type according to your needs, subject to the terms of our subscription plans.

4. Subscriptions and Payments

4.1. Subscription Plans

We offer various subscription plans, each with different features, limitations, and pricing. The details of each plan are available on our website.

4.2. Payment Terms

All payments are due in advance of the subscription period. We accept major credit cards and certain other payment methods as specified on our website. By providing payment information, you represent and warrant that you are authorized to use the payment method provided.

4.3. Automatic Renewal

Subscriptions automatically renew at the end of each subscription period unless cancelled before the renewal date. By subscribing, you authorize us to charge your payment method for the subscription fee at the beginning of each renewal period.

4.4. Taxes

Subscription fees do not include taxes. You are responsible for paying all applicable taxes related to your use of the Services.

4.5. Changes to Pricing

We reserve the right to modify our pricing at any time. If we change the pricing for your subscription plan, we will notify you at least 30 days before the change takes effect. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the modified subscription fee.

4.6. Refunds

Our refund policy is outlined in our separate Refund Policy document. Please refer to our Refund Policy for more information.

5. Free Trial

We may offer a free trial of our Services. The length and terms of the free trial will be specified at the time of sign-up.

To start a free trial, you may be required to provide payment information. At the end of the free trial period, you will be automatically charged the applicable subscription fee for the plan you selected unless you cancel before the end of the trial period.

We reserve the right to modify or terminate free trials at any time without notice.

6. Acceptable Use

6.1. Compliance with Laws

You agree to use the Services in compliance with all applicable local, state, national, and international laws, rules, and regulations.

6.2. Prohibited Activities

You agree not to use the Services to:

• Violate any applicable law or regulation
• Infringe the intellectual property rights of others
• Transmit any material that is defamatory, offensive, or otherwise objectionable
• Attempt to gain unauthorized access to any part of the Services or any system or network connected to the Services
• Conduct security tests or vulnerability assessments against systems that you do not own or have explicit permission to test
• Use the Services to send unsolicited communications, promotions, or advertisements
• Interfere with or disrupt the integrity or performance of the Services
• Attempt to bypass any measures we may use to prevent or restrict access to the Services

6.3. Monitoring Limitations

You may only use the Services to monitor systems, networks, websites, and applications that you own or have explicit permission to monitor. You are solely responsible for ensuring that your use of the Services complies with any applicable laws, regulations, and third-party agreements.

7. Intellectual Property Rights

7.1. Our Intellectual Property

The Services, including all content, features, and functionality, are owned by OPEN SOFT LLC or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

7.2. License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose.

7.3. Feedback

If you provide any feedback, suggestions, improvements, or recommendations regarding the Services ("Feedback"), you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, publish, distribute, and otherwise exploit the Feedback for any purpose.

7.4. Your Content

You retain all rights to any content, data, or information that you upload, transmit, or otherwise make available through the Services ("Your Content"). By using the Services, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, process, adapt, and publish Your Content solely for the purpose of providing the Services to you.

8. Third-Party Services

The Services may contain links to or integrations with third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or use.

9. Termination

9.1. Termination by You

You may terminate your account and subscription at any time through your account settings or by contacting us. If you terminate your subscription, you will continue to have access to the Services until the end of your current billing period.

9.2. Termination by Us

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If your account is terminated for any reason, you may no longer have access to Your Content that you stored on the Services.

9.3. Survival

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. YOU ACKNOWLEDGE THAT TEMPORARY INTERRUPTIONS IN THE AVAILABILITY OF THE SERVICES MAY OCCUR FROM TIME TO TIME AS NORMAL EVENTS.

WE DO NOT GUARANTEE THAT THE SERVICES WILL DETECT ALL ISSUES WITH YOUR SYSTEMS, NETWORKS, WEBSITES, OR APPLICATIONS. THE SERVICES ARE TOOLS TO ASSIST YOU IN MONITORING, BUT ARE NOT A REPLACEMENT FOR YOUR OWN MONITORING AND MAINTENANCE EFFORTS.

11. Limitation of Liability

IN NO EVENT SHALL OPEN SOFT LLC, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

1. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
2. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
3. ANY CONTENT OBTAINED FROM THE SERVICES; AND
4. UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

12. Indemnification

You agree to defend, indemnify, and hold harmless OPEN SOFT LLC, its directors, employees, partners, agents, suppliers, and affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

1. Your use of and access to the Services;
2. Your violation of any term of these Terms;
3. Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
4. Any claim that Your Content caused damage to a third party.

This defense and indemnification obligation will survive these Terms and your use of the Services.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

15. Contact Us

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

• By email: legal@netmonity.com
• By mail: OPEN SOFT LLC
  30 N Gould St Ste R
  Sheridan
  WY 82801