Terms of Service

1. Operator and company information

Stanbyte Monitor (the "Service") is an uptime-monitoring product available at https://stanbyte.app. The Service is operated by Stanbyte B.V. ("Stanbyte", "we", "us" or "our"). Our official details, as recorded in the Business Register of the Dutch Chamber of Commerce, are:

Our registered and visiting address is:

Korte Lijnbaanssteeg 1, Kantoornummer 4598 1012 SL Amsterdam, the Netherlands

These Terms of Service (the "Terms") form a legally binding agreement between you and Stanbyte B.V., represented by its director Dmitri Stanitšenko, who is solely authorised to represent the company. They apply to every visitor, trial user and licence holder of the Service. The following documents are incorporated by reference and form part of the Terms:

• Privacy Policy, which explains how we handle personal data;
• Refund Policy, which explains when you can get your money back;
• Acceptable Use Policy, which sets out what you may monitor and how;
• Cookie Policy, which lists the cookies we set.

If there is a conflict between these Terms and one of the policies above, the specific policy prevails for the matter it covers.

2. Acceptance and eligibility

By creating an account, starting a trial, buying a licence or otherwise using the Service, you confirm that you have read and accept these Terms. If you do not agree, you must not use the Service.

You must be at least 18 years old, or the age of majority in your country of residence if that is higher, to use the Service. If you use the Service on behalf of a company or other legal entity, you confirm that you are authorised to bind that entity, and "you" in these Terms refers to that entity as well as to you personally.

3. Description of the Service

The Service lets you add monitors for endpoints you control or are authorised to monitor. Depending on your plan, the following monitor types are available:

• HTTP(S) monitors, which request a URL and check the response status code and response time;
• Keyword monitors, which additionally check whether a given keyword is present or absent in the response body;
• TCP-port monitors, which check whether a given host and port accept connections.

Our checker servers run each monitor on the interval allowed by your plan, record the response time and status, and detect incidents when a check fails. When an incident starts or ends we send alerts through the channels you have configured, which may include e-mail, Telegram and outbound webhooks. The Service also tracks SSL certificate expiry for HTTPS monitors and can warn you before a certificate expires. You may publish public status pages at stanbyte.app/s/{slug} showing the current state and recent history of selected monitors.

We may add, change or remove features of the Service from time to time. Where a change materially reduces the functionality of a plan you have already paid for, we will give you notice as described in section 14.

4. Accounts

4.1 Registration

To use the Service you must create an account with a valid e-mail address and a password. You must provide accurate information and keep it up to date. One person may not maintain more than one trial account.

4.2 Your responsibility for the account

You are responsible for everything that happens under your account, whether or not you authorised it, until you tell us the account has been compromised. You must keep your password confidential, use a strong and unique password, and notify us immediately at support@stanbyte.app if you suspect unauthorised access. We are not liable for loss arising from unauthorised use of your account that results from your failure to protect your credentials.

4.3 Team members

If the Service allows you to invite other people to your account, you are responsible for their compliance with these Terms.

5. Free trial

New accounts receive a free trial of 14 days with the limits of the Starter plan. No payment method is required to start a trial. When the trial ends without a licence being bought, your monitors are paused and you will not be charged anything. We may limit, modify or withdraw the trial offer at any time, and we may refuse a trial to anyone who has previously held an account.

6. Plans, licences and payment

6.1 One-time licences

The Service is sold as a one-time licence that is valid for 12 months from the moment it is activated. A licence is not a subscription. It does not renew automatically and we do not store a payment method for future charges. If you want to continue using the Service after a licence expires, you buy a new licence.

6.2 Plans

Plan limits are enforced technically. Attempting to circumvent them is a breach of the Acceptable Use Policy.

6.3 Prices and VAT

Prices are stated in US dollars and exclude VAT and other applicable taxes unless stated otherwise. The Service is an electronically supplied service for VAT purposes, and VAT is charged according to the place-of-supply rules that apply to such services:

• customers in the Netherlands are charged Dutch VAT at the applicable rate;
• consumers in other European Union member states are charged VAT at the rate of their country of residence;
• businesses in other European Union member states that provide a valid VAT identification number at checkout are not charged VAT; the reverse-charge mechanism applies and the customer accounts for VAT in its own country;
• customers outside the European Union are generally not charged Dutch VAT, but may be liable for taxes in their own jurisdiction.

The applicable VAT, if any, is calculated and displayed at checkout before you confirm the purchase, and our VAT identification number is shown on the invoice. Your card issuer may apply currency conversion fees that are outside our control. We may change prices for future licences at any time; a price change never affects a licence you have already paid for.

6.4 Payment processing

Payments are processed by a third-party card payment processor. Your card details are entered on a page controlled by the processor and are transmitted directly to them. We never receive or store full card numbers. The processor's own terms and privacy policy apply to the handling of your payment data.

6.5 Expiry of a licence

When a licence expires your monitors are paused, not deleted. Your configuration, status pages and remaining history stay in place so that you can resume immediately by buying a new licence. If no new licence is activated within 90 days of expiry, we delete your monitors, check results and status pages. Your account itself remains until you delete it or it is removed under section 13.

6.6 Refunds

Refunds are governed by our Refund Policy, including the statutory right of withdrawal for consumers in the EU and EEA.

7. Service availability and support

7.1 Availability target

We aim for the Service, including the dashboard, the checker infrastructure and status pages, to be available 99.9 percent of the time in any calendar month. This is a target, not a guarantee. The plans described in these Terms do not include service credits or other compensation for downtime.

7.2 Maintenance

We may take the Service offline for planned maintenance. Where reasonably possible we announce planned maintenance in advance and schedule it outside peak hours. Emergency maintenance may be carried out without notice.

7.3 Shared infrastructure and best-effort alerts

Checks are run from shared infrastructure that serves all customers. Check timing may vary by a small margin around the configured interval, and an individual check may occasionally be skipped or retried because of network conditions. Alerts are delivered on a best-effort basis. Delivery depends on third parties such as e-mail providers, Telegram and the servers that receive your webhooks, and we cannot guarantee that every alert arrives, or arrives within a particular time.

7.4 Third-party outages

We are not responsible for outages, delays or data loss caused by third parties, including hosting providers, DNS and CDN providers, e-mail delivery services, Telegram, payment processors, your own network or the endpoints you monitor.

7.5 Support

Support is provided by e-mail at support@stanbyte.app. We try to answer within two business days but do not guarantee a response time.

8. Your obligations

You agree to:

• use the Service only in accordance with these Terms, the Acceptable Use Policy and applicable law;
• only add monitors for endpoints that you own or are authorised to monitor;
• ensure that any personal data you place in monitor configuration, keywords, webhook URLs or status pages is handled lawfully by you;
• keep your contact details current so that we can reach you about your account;
• not resell, sublicense or offer the Service to third parties without our written agreement.

9. Intellectual property

9.1 Our rights

The Service, including its software, design, documentation, trade marks and logos, is owned by Stanbyte or its licensors and is protected by intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for the duration of your trial or licence. No other rights are granted. You may not copy, modify, reverse engineer, scrape or create derivative works of the Service except where mandatory law allows it.

9.2 Your content

You keep all rights in the data you enter into the Service, such as monitor configuration, status page text and branding. You grant us a licence to host, process and display that content only as needed to provide the Service to you, including displaying content you choose to publish on a public status page.

9.3 Feedback

If you send us suggestions, feature requests or other feedback, you grant us a perpetual, irrevocable, royalty-free right to use it without any obligation to you. We will never claim that feedback is confidential to you.

10. Disclaimer of warranties

Except as expressly stated in these Terms, the Service is provided "as is" and "as available". To the fullest extent permitted by law we disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that every outage of your endpoints will be detected, or that every alert will be delivered. Monitoring results are indicative and should not be the sole basis for contractual, financial or safety-related decisions.

11. Limitation of liability

To the fullest extent permitted by applicable law:

• our total aggregate liability to you arising out of or relating to the Service or these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the total amount you paid to us for the Service in the 12 months immediately before the event giving rise to the claim;
• we are not liable for any indirect, incidental, special, consequential or punitive loss, or for loss of profit, revenue, business, goodwill, data or anticipated savings, even if we were advised of the possibility of such loss;
• we are not liable for loss caused by undetected outages, missed or delayed alerts, inaccurate check results, or decisions you make based on the Service.

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for intent or gross negligence (opzet of bewuste roekeloosheid) on our part, or for any other liability that cannot be limited under applicable law. If you are a consumer, the mandatory consumer-protection rules of your country of residence continue to apply.

12. Indemnity

You agree to indemnify and hold harmless Stanbyte, its directors, employees and contractors from any claims, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of your breach of these Terms, your violation of applicable law, your monitoring of endpoints you were not authorised to monitor, or content you publish on a status page. This indemnity does not apply to the extent a claim is caused by our own breach or negligence, and if you are a consumer it applies only to the extent permitted by law.

13. Termination

13.1 By you

You may stop using the Service and delete your account at any time from the account settings or by e-mailing support@stanbyte.app. Deleting your account ends any active licence without a refund, except as set out in the Refund Policy.

13.2 By us

We may suspend or terminate your account, pause or delete monitors, or restrict features, with immediate effect if you materially breach these Terms or the Acceptable Use Policy, if your use creates a security, legal or operational risk for us or other customers, if we are required to do so by law, or if you have not logged in for 24 months and hold no active licence. Where reasonable, we will give you notice and an opportunity to fix the problem first. If we terminate without cause during an active licence, we will refund the unused part of the licence on a pro-rated basis.

13.3 Effect of termination

On termination your right to use the Service ends. We delete your data in accordance with the Privacy Policy. Sections 9 to 12 and 15 to 17 survive termination.

14. Changes to these Terms

We may update these Terms from time to time. If a change is material, we will give you at least 14 days' notice by e-mail to the address on your account before it takes effect. Minor changes, such as clarifications or corrections, may take effect when published. If you do not accept a material change you may terminate your account before the change takes effect, and if you hold an active licence you may request a pro-rated refund of the remaining period. Continued use of the Service after a change takes effect constitutes acceptance of the updated Terms. The date at the top of this page shows when the Terms were last changed.

15. Governing law and disputes

These Terms and any dispute arising out of or in connection with them are governed by the laws of the Netherlands. The competent court in Amsterdam, the Netherlands, has exclusive jurisdiction over any dispute, subject to the following. If you are a consumer resident in the European Union or the European Economic Area, you keep the benefit of any mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of that country. The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. We are not obliged to, and do not currently, participate in alternative dispute resolution proceedings.

Before starting formal proceedings, we ask that you contact us at legal@stanbyte.app so that we can try to resolve the matter informally.

16. General provisions

16.1 Entire agreement

These Terms, together with the policies incorporated by reference, constitute the entire agreement between you and Stanbyte regarding the Service and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be applied to the maximum extent permitted and the remaining provisions remain in full force and effect.

16.3 No waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.

16.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to an affiliate or to a successor in connection with a merger, acquisition or sale of assets, provided your rights are not reduced.

16.5 Force majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including natural disasters, war, terrorism, labour disputes, governmental action, failures of the internet or of third-party providers, and large-scale cyber attacks.

16.6 Language

These Terms are written in English. If we provide a translation, the English version prevails in case of conflict.

17. Contact

Questions about these Terms can be sent to legal@stanbyte.app. General support requests go to support@stanbyte.app. You can also write to us by post:

Stanbyte B.V. (Besloten Vennootschap (Dutch private limited company)), corporate seat Amsterdam, the Netherlands, represented by its director Dmitri Stanitšenko

Korte Lijnbaanssteeg 1, Kantoornummer 4598 1012 SL Amsterdam, the Netherlands

KVK 42153933, RSIN 869952079