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Terms of Service

Last Revised: 03/12/2021

These Terms of Service (the "Terms”) govern the contractual relationship between:

- You as a User of the Websites https://www.statuspal.io and/or https://statuspal.eu ("Websites”s) and/or as a Customer (hereinafter referred to together as "User”, "Customer”, "you” or "your”) on the one hand, and
- E. M. StatusPal UG (haftungsbeschränkt), Rheinsberger Str.76/77 c/o Factory Works GmbH, 10115 Berlin Germany (hereinafter referred to as "StatusPal" or "our") on the other hand,

collectively hereinafter referred to together as the "Parties” and individually as a "Party”.

These Terms describe your rights and responsibilities as a User of our Websites https://www.statuspal.io and https://statuspal.eu and Customer of our Services (as defined below). These Terms do not have to be signed in order to be binding. You indicate your agreement to these Terms by accessing the Websites, by using our Services OR by clicking on the "I agree” button/checkbox at the time you register an account with StatusPal (whichever is relevant).

1. Definitions

1.1 "registration data” means E-Mail-Address and password.

1.2 "Status Page(s)” are pages hosted by StatusPal that display both current and historical status and uptime information of your products and services, while also allowing Status Page End-Users to subscribe to status notifications.

1.3 "Public Status Pages” communicate information to your external stakeholders (such as your customers).

1.4 "Private Status Pages” communicate information to your designated internal stakeholders (such as your employees, administrators, agents, and contractors). You may restrict the access to the Status Page in two ways:

1.4.1 IP Allowlisting: you may manually enter a list of IP addresses in your admin panel, so only people with those IP addresses can access the Status Page.

1.4.2 Member restricted: you may choose an authentication (via user/password or SSO) which a team member (admin or viewer) will have to use in order to access the Status Page and optionally subscribe to.

1.5 "Status Page End-User” are your "End-Users”. There are several types of Status Page End-Users:

1.5.1 A "Viewer Member” is a special team member role which only grants access to view and subscribe to a Private Status Page, Customer may create this type of team member if Customer wants to restrict the access to the Status Page. In this case the "Viewer Member” can sign in via SSO (single sign on).

1.5.2 A "Team Member” has access to your Status Page's admin site and can manage it according to their role, they can have one of the following roles: owner, administrator, editor or Viewer Member.

1.6 "Your Data” means any Data that you collect from your Status page End-Users.

1.7 "Subscription Term” means period during which Customer’s subscription is active (usually one (1) month).

1.8 "Notification” means an E-mail, SMS, or webhook status notification describing the current Performance Metrics displayed on a Status Page. Notifications may be sent to Status Page End-Users of any type of Status Page.

1.9 "Monitoring Service" means the Status Page monitoring services provided by StatusPal through its ‘StatusPal Simple Monitoring’ (https://www.statuspal.io/features/monitoring-and-automations). StatusPal Simple Monitoring includes the creation of an URL for your Status Page, which status will be checked permanently, in case of incidents StatusPal will notify you. Optionally, StatusPal also provides Customer with third-party monitoring tools including for instance Pingdom, Datadog, etc.

1.10 "Entrepreneur" is a natural or legal person or a partnership with legal capacity who/which, when concluding a legal transaction, acts in the exercise of his/her/its commercial, business or independent professional activity.

1.11 "Consumer” is any natural person who completes a transaction for purposes which cannot be predominantly classified as being for the purpose of a commercial or self-employed professional occupation.

2. Websites User’s and Customer’s Representations and Warranties

2.1 By using the Websites and the Services of StatusPal (see section 5 below) you represent and warrant that:

2.1.1 All registration information you submit will be true, accurate, current, and complete.

2.1.2 You will maintain the accuracy of such information and promptly update such registration information as necessary.

2.1.3 You have the legal capacity and you agree to comply with these Terms.

2.1.4 You are not a minor in the jurisdiction in which you reside.

2.1.5 You will not access the Websites through automated or non-human means, whether through a bot, script or otherwise.

2.1.6 You will not use the Websites for any illegal or unauthorized purpose.

2.1.7 Your use of the Websites will not violate any applicable law or regulation.

2.2 If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Websites (or any portion thereof) by you.

3. Acceptable Use of the Website

3.1 You shall not:

3.1.1 use the Websites to monitor websites and systems you do not own and operate or to which you have not been given authorized access.

3.1.2 engage in or instigate actions that may have an adverse effect on the stability and performance of the Websites or other services. StatusPal may choose to set limits on the use of a resource through quotas, time limits, and other mechanisms.

3.1.3 engage in any activity that is intended to harm Website's systems, other customers, other systems, or end-users of other services and websites.

3.1.4 distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages.

3.1.5 use, or facilitate use of, the Websites in a manner, which violates any applicable law or regulation.

3.2 Also, you agree that you will not do any of the following in connection with the Service:

3.2.1 Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;

3.2.2 Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;

3.2.3 Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service;

3.2.4 Create an account or post any content if you are not over 18 years of age; and

3.2.5 Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.

3.3 StatusPal reserves the right to suspend or terminate your account if, in its sole and exclusive discretion, you are engaging in activities that violate these Terms. Any termination or suspension may be undertaken with or without notice to you.

4. Customer’s Content Responsibilities

4.1. StatusPal’s Services allow you and your Status Page End-Users to post, link and otherwise make available content. You are responsible for the content that you make available to the Service, including its legality, reliability, and appropriateness.

4.2. Customer grants StatusPal a limited right/license to use the content which Customer posts on his/her/its Status Pages on the condition that such StatusPal’s use of Customer’s content is necessary for the operation of the Website. StatusPal may format your content for display throughout the Website, but StatusPal will/shall not edit or revise the substance of your content itself.

4.3. Aside from StatusPal’s limited right to your content (as stated above under section 4.2), you retain all of your rights to the content you post, link and otherwise make available on or Websites through the Service.

4.4. You can remove the content that you posted by deleting it. Once you delete your content, it will not appear on the Service, but copies of your deleted content may remain in our system or backups for some period of time. We will retain web server access logs for a maximum of 24 hours and then delete them.

4.5. You may not post, link and otherwise make available on or through the Service any of the following:

  1. Content that is libelous, defamatory, bigoted, fraudulent or deceptive;
  2. Content that is illegal or unlawful, that would otherwise create liability;
  3. Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;
  4. Mass or repeated promotions, political campaigning or commercial messages directed at users who do not follow you (SPAM);
  5. Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers); and
  6. Viruses, corrupted data or other harmful, disruptive or destructive files or code.
5. Services of StatusPal.io

StatusPal provides hosting of Status Pages and related monitoring services on a subscription basis to any Customer who/which is an Entrepreneur. Such services provided by StatusPal to Customer include the following:

- Monitoring Service (see section 1.9 above),
- Notifications about performance of the Status Page to End-Users,
- Customer may communicate with Customer’s Status Page End-Users in several languages,
- Customer may display the performance of the Status Page to End-Users, and
- Customer may integrate other external services like Sendgrid, Mailgun, Datadog, etc. into Customer’s Status Page,

(collectively the "Service(s)”)

6. Subscription Process, Payment Method and Cancellation

6.1 StatusPal offers several paid subscription plans (as described under section 7 of these Terms and on the Website). In order to subscribe to one of these subscription plans, Customer shall register on the Websites statuspal.io and/or statuspal.eu by creating an account using an E-Mail-address, a password and paying the applicable subscription fee. After Customer has registered for a subscription plan, StatusPal sends a confirmation E-Mail with an activation link which Customer must use in order to approve Customer’s purchase and activate StatusPal Services.

6.2 Customer may pay via credit card (VISA, etc.).

6.3 In order to close his/her/its StatusPal account, Customer shall use the "Delete account permanently" buttom found at the bottom of the "My Details" page (Settings > My Details), under the DANGER section. Alternatively they shall send e-mail notification of account closure to support@statuspal.io

7. Subscription Plans, Free-trial & Discount for Early-Stage Companies

7.1 StatusPal offers subscription plans on a monthly basis. The Services and related applicable subscription plan fees are presented/listed on the Website. By purchasing one of the specific subscription plans listed/available on the Website, Customer agrees to the features, fees, restrictions, terms and conditions of the selected specific subscription plan as further described on the Website.

7.3 StatusPal offers a 40% discount on the Professional Plan subscription fee (as listed on the Website) for early-stage companies with less than 4 employees, with up to $300,000.00 (USD) in funding and less than 2 years old. Companies that fulfill those criteria may apply for such a discount by email at support@statuspal.io.

7.4 All prices are in U.S. DOLLARS (USD) or in EUROS plus VAT.

7.5 Unless otherwise agreed, each subscription plan is usually offered for a period of one (1) month (Subscription Term) and comes into force after Customer has paid upfront the applicable subscription plan fee and has clicked on the activation link sent by StatusPal via E-Mail to Customer’s registered E-Mail-Address.

7.6 Unless otherwise agreed, each subscription plan will automatically renew for a Subscription Term of the same duration as that of the previous Subscription Term. Should Customer expressly not renew his/her/its subscription at the end of any Subscription Term or in the event that Customer cancels/terminates his/her/its subscription during any Subscription Term, Customer will not be charged for the next billing cycle, but Customer will/may not receive any refunds or credits for amounts that have already been charged/billed.

8. Status Page Configuration and Attribution

You may configure your Status Pages by including your company name, brand, logo or other trademark as well as images and other look-and-feel elements and any links/permissions required in connection with the collection of your Status Page End-Users’ information or acknowledgment that the Status Page End-Users are subscribing to status notifications (collectively, "Your Configurations”). You shall be responsible for Your Configurations.

9. Hyperlinks and Third-Party Content

9.1 You may create a hyperlink to the Service(s). However, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.

9.2 StatusPal makes no claim or representation regarding, and accepts no responsibility for (i) third party websites accessible by hyperlink from the Service(s), or (ii) websites linking to the Service(s).

9.3 StatusPal does not review, verify or authenticate any content of Customer and/or Status Page End-Users. StatusPal takes no responsibility for the quality, suitability, truthfulness, accuracy or completeness of any content contained in the Service(s). Customer acknowledges sole responsibility for and assume all risks arising from Customer’s use of or reliance on any such content.

10. Customer Data Security

10.1. The Parties shall comply with the applicable data protection laws and regulations.

10.2. Customer shall be responsible for ensuring compliance with data protection laws when Customer collects, processes or uses personal data.

10.3 Customer shall execute and comply with the Data Processing Agreement which can be found here.

10.4 StatusPal may immediately block your use of the Services if there is reasonable suspicion that the Customer’s data is illegal and/or violates the rights of third parties. A justified suspicion of illegality and/or a violation of the law exist(s) in particular if courts, authorities and/or other third parties inform StatusPal thereof. StatusPal will notify the Customer it. StatusPal will unblock the Services once the suspicion non longer exists.

11. Collection of Subscriber Information

StatusPal enables you to collect information from your Status Page End-Users (including Status Page End-User email addresses and phone numbers) in order to send Status Page End-Users status notifications. Any information that you collect about your Status Page End-Users (Your Data) must be collected in accordance with your applicable privacy policies.

12. Information on Public Status Pages.

Any information that is displayed on a Public Status Page is available to the public. As such, you agree that any such information is not your Confidential Information and you have no expectation of privacy or confidentiality with respect to such information. Further, you agree that StatusPal may collect, copy, use, store, modify or otherwise create derivative works of, publicly perform or display, or distribute any information displayed on any of your Public Status Pages.

13. GDPR Data Processing Addendum

If you are in the EEA (European Economic Area) Switzerland, or are otherwise subject to the territorial scope of Regulation (EU) 2016/679 (General Data Protection Regulation) or any successor legislation, you may request StatusPal to enter into the StatusPal Data Processing Agreement which can be found here.

14. Duties and obligations of the Customer

14.1 Customer shall be responsible for (i) maintaining the security of Customer’s account, and (ii) all activities that occur under Customer’s account.

14.2 The Customer will undertake all cooperation actions required on the Customer side to process the contractual relationship. In particular, Customer shall:

14.2.1 immediately change all passwords (if first automatically assigned by StatusPal) which Customer uses to access his/her/its account on the Websites to passwords known only by Customer, to keep the usage and access authorizations assigned to Customer secret, to protect against access by third parties and not to pass them on to unauthorized users. These data shall be protected by Customer with suitable and effective measures. The Customer will inform StatusPal immediately if there is a suspicion that the access data and/or passwords might have become known to unauthorized persons;

14.2.2 obtain the necessary consent from the respective data subject (Status Page End-User), provided that personal data is collected, processed or used when using the service and no legal or other legal basis applies;

14.2.3 before sending data and information to StatusPal, check the data for viruses or other malware and use state-of-the-art virus protection programs; and

14.2.4 notify the StatusPal of defects in the provision of Services immediately (at the latest on the following working/business day) after becoming aware of them by e-mail support@statuspal.io.

15. Changes to the Services and to the Terms

15.1 StatusPal reserves the right to (i) change/modify Services provided free of charge (14-Day Free Trial), (ii) add new services to the Services offered to Customer free of charge, and (iii) discontinue the provision to Customer of free Services at any time for any or no reason. StatusPal shall take into account the legitimate interests of the Customer when modifying the Services provided to Customer free of charge.

15.2 StatusPal reserves the right to (i) change/modify its Services as described under Sections 5 to 7 of these Terms, and (ii) amend these Terms at any time with immediate effect including on the pre-existing subscription contractual relationship (subscription purchase made by Customer prior to the date of amendment of these Terms) between StatusPal and Customer.

15.3 The Customer will be informed of such changes by email at least 30 calendar days before the planned entry into force of the changes, provided that the adjustment is accompanied by a restriction in the usability of previously generated data or other not only insignificant disadvantages (e. g. adjustment effort). If the Customer does not object within 30 days of receipt of the notification and continues to use the service even after the objection period has expired, the changes are deemed to have been effectively agreed upon expiry of the period. In the event of an objection, the contractual relationship will be continued under the previous conditions. Should you object to such changes, StatusPal may terminate the contractual relationship governed by the present Terms with a notice period of 1 month. In the notification of change, the Customer is informed of his/her/its right of objection and the practical and legal/contractual consequences thereof (following termination).

16. Intellectual Property and Confidentiality

16.1 Each Party shall take the appropriate steps and precautions for the protection of the other Party’s Intellectual Property and Confidential Information. Without limiting the generality of the foregoing, each Party will:

16.1.1 keep all forms or copies of Intellectual Property secure and use its best efforts to prevent any unauthorized use and access of/to a Party’s Intellectual Property;

16.1.2 include in any copy of any Intellectual Property the appropriate notices of ownership; or

16.1.3 to the extent practicable and only as instructed in writing, return or destroy the other Party’s Intellectual Property. Each Party agrees that it/she/he will immediately notify the other Party of any unauthorized use of such other Party’s Intellectual Property and of any potential or pending legal action in relation to any potential or actual infringement of such other Party’s Intellectual Property rights. The Party being notified:

  1. may, at its option and expense, assume control of such action with the other Party providing assistance relating to such action as may be reasonably requested by a Party, and
  2. will assist in enforcing any settlement or order made in connection with the action.

16.2 The obligations provided under Section 16.1 do not apply to information or parts thereof for which the receiving Party may provide evidence that the respective information data:

  1. was known or generally accessible before the date of receipt or that it became known to a third party lawfully and without any obligation of confidentiality after the date of receipt;
  2. was known to the public or generally accessible before the date of receipt; or
  3. became known to the public or generally accessible after the date of receipt, without the party receiving the information being responsible for this.

16.3 Public declarations by the Parties about cooperation are only made by prior mutual agreement. The Customer may not act as a representative or trading partner of StatusPal. The Customer may not use information about an intended or existing contractual cooperation for reference or marketing purposes without the prior consent of StatusPal.

16.4 The obligations according to Section 16.1 also apply beyond the end of the contract for an indefinite period of time, as long as an exception according to Section 16.2 has not been proven.

17. Limitation of Liability

17.1 StatusPal’s liability hereunder shall be incurred only:

  1. in the event of intent or gross negligence,
  2. according to the provisions of the German Product Liability Act, and
  3. in the event of injury to life, body or a person's health.

17.2 In the event of any other negligent damage to property or financial assets, StatusPal and its affiliates shall only be liable in the event of a breach of an essential contractual obligation, but limited in amount to the damage that is foreseeable and typical for the type/nature/category of Services provided by StatusPal hereunder. Essential contractual obligations are those which are essential for achieving the purpose of an agreement and on which Customer relies first and foremost (also called ‘cardinal obligation’ under German Law).

17.3 Subject to the provisions contained under Section 17.1, StatusPal shall not be liable for the loss of Customer data if such loss is due to the fact that Customer failed to (i) back up data, and thereby (ii) ensure that lost Customer’s data can be restored with reasonable effort.

17.4 The above limitations of liability also apply in the event (i) of fault by any of StatusPal’s affiliates, (ii) that the personal liability of any of StatusPal’s employees and/or representatives is incurred.

17.5 Insofar as the Service(s) is/are provided to you free of charge, StatusPal assumes no liability for any damage resulting from your use of the Service(s), unless it is gross negligence or willful misconduct. Liability under the German Product Liability Act is not excluded even in the event that the Service(s) is/are provided free of charge.

17.6 In the event of force majeure, all claims for damages are excluded.

17.7 The data, graphics, images and information available on the Websites are for informational purposes only and not for the purposes of providing professional investing or trading advice. None of the content(s) on the Website is to be taken as a recommendation to enter in any transaction. You should use the information available for your own analysis or contact an investment or trading professional.

18. Consumer’s Right of Revocation

18. 1 A Customer who is a Consumer in the sense of Section 1.11 of these Terms has a statutory right of revocation in accordance with Section 312g of the German Civil Code (BGB) in conjunction with Section 355 of the German Civil Code (BGB).

18.2 You may revoke your consent to these Terms and to the subscription to your Hobby Plan within fourteen (14) calendar days without giving reasons therefor. The revocation period is fourteen (14) calendar days after Customer has received the activation E-mail. In the event that Consumer opts for a 14-Day-Free-Trial the revocation period starts upon expiration of the 14-Day-Free-Trial period.

18.3 The right of revocation is excluded if StatusPal provides you with a custom-made Service. Custom-made Service is a Service (i) that is not pre-assembled, and (ii) in the design of which, the individual choice or decisions of the Consumer plays a decisive role, or which have been especially tailor-made to meet the personal requirements of the Consumer.

18.4 To exercise your right of revocation, you must inform StatusPal (E. M. StatusPal UG (haftungsbeschränkt),Rheinsberger Str.76/77 c/o Factory Works GmbH, 10115 Berlin Germany, support@statuspal.io) of your decision to revoke your consent to these Terms and to the subscription to your Hobby Plan by means of a clearly formulated written declaration (e. g. a letter sent by post, telefax or e-mail). You can use the sample revocation form below for this purpose, though this is not compulsory. In order to adhere to the revocation deadline, you must send us notification, prior to the date of expiry of the revocation period, of the fact that you exercise your right of revocation.

19. Consequences of Revocation

If you revoke your consent to these Terms and to the subscription to your Hobby Plan, StatusPal shall refund you all payments that StatusPal has received from you, without delay, and at the latest within fourteen (14) calendar days from the date on which StatusPal received the notification of your revocation. In order to proceed with such refund, StatusPal shall use the same payment method which you used for the original transaction, unless otherwise agreed upon by the Parties. Under no circumstances will you be charged any fees for said refund.

20. Indemnification

You agree to indemnify and hold harmless StatusPal, 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 Websites and Services, including, but not limited to, due to your violation of these Terms.

21. Outside links

StatusPal shall have/bear/incur no responsibility/liability for the contents of the websites to which the Website links and such links should not be taken as endorsements or recommendations of any kind.

22. Final Provisions

22.1. These Terms and any dispute arising out of or in connection with the Terms, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Federal Republic of German to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

22.2. Should individual provisions of these Terms be ineffective, this shall not affect the validity of the remaining provisions. The ineffective provision will be mutually replaced by the contracting Parties with a legally effective provision that comes as close as possible to the economic sense and purpose of the ineffective provision.