These Terms of Service ("Terms") constitute a legally binding agreement between you (individually or, if applicable, the entity you represent — "you" or "your") and Watchplane, Inc. ("Watchplane," "we," "our," or "us") governing your access to and use of the Watchplane uptime monitoring platform and associated services (collectively, the "Service"). By creating an account or using the Service, you agree to be bound by these Terms and our Privacy Policy.
Acceptance of Terms
By accessing or using the Service, you confirm that you are at least 16 years old, have the legal capacity to enter into binding contracts, and have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and "you" refers to that organization.
If you do not agree to these Terms, do not access or use the Service.
Description of Service
Watchplane provides an uptime monitoring platform that allows you to monitor the availability and performance of internet-connected services. The Service includes:
- Multi-protocol endpoint monitoring (HTTP, TCP, DNS, SMTP, gRPC, WebSocket)
- Distributed checking from multiple geographic regions
- Incident detection, alerting, and escalation management
- AI-powered anomaly detection on performance metrics
- Public and private status pages
- Integrations with third-party tools (Slack, webhooks, etc.)
- An API and SDK for programmatic access
We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will make reasonable efforts to notify you of material changes in advance.
Accounts and Registration
Account creation
To use the Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the accuracy of your account information and for all activities that occur under your account.
Account security
You are responsible for maintaining the confidentiality of your credentials, including passwords and API tokens (wp_* prefix). You must:
- Use a strong, unique password and enable two-factor authentication where available.
- Immediately notify us at security@watchplane.com of any unauthorized access to your account.
- Not share your credentials with unauthorized parties.
- Not use another user's account without their explicit permission.
Watchplane is not liable for any loss arising from unauthorized access to your account resulting from your failure to safeguard your credentials.
Team accounts
If you invite team members to your organization, you are responsible for their compliance with these Terms and for any actions they take on the Service.
Acceptable Use Policy
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:
- Monitor endpoints you do not own or do not have explicit authorization to monitor. Unauthorized monitoring may constitute illegal access under applicable computer fraud laws.
- Use the Service to conduct denial-of-service attacks, stress tests, or load tests against any system without the system owner's written permission.
- Configure monitors in a manner that places unreasonable load on third-party infrastructure (e.g., check intervals under 30 seconds on endpoints not under your control).
- Use the Service to collect or harvest information about other users or third parties without consent.
- Attempt to circumvent rate limits, access controls, or security measures of the Service.
- Use the Service to transmit malware, spam, or other harmful content.
- Resell or sublicense access to the Service without our prior written consent.
- Use automated means to access the Service in a way that exceeds reasonable usage (e.g., scraping the dashboard at high frequency instead of using the API).
We reserve the right to suspend or terminate accounts that violate this policy, with or without prior notice.
Subscription and Billing
Plans and pricing
The Service is offered under subscription plans with different feature limits and pricing. Current plans and pricing are listed at watchplane.com/#pricing. We reserve the right to modify pricing with at least 30 days' notice to existing subscribers.
Payment
Paid plans are billed in advance on a monthly or annual basis. By providing payment information, you authorize us to charge your payment method on a recurring basis. All fees are exclusive of applicable taxes, which may be added to your invoice.
Free plans and trials
Free plans are provided as-is with no uptime guarantees. Trial periods, if offered, are subject to specific terms communicated at the time of the trial. After a trial ends, you will be charged unless you cancel before the trial expires.
Refunds
Monthly subscriptions are non-refundable. Annual subscriptions may be eligible for a pro-rated refund within 14 days of purchase. Contact billing@watchplane.com with refund requests.
Cancellation
You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. After cancellation, your data will be retained for 90 days before permanent deletion, giving you time to export it.
Late payment
If a payment fails, we will retry the charge and notify you by email. If payment remains outstanding after 14 days, we may downgrade or suspend your account until payment is resolved.
Intellectual Property
Our property
The Service, including its software, design, text, graphics, and other content, is owned by Watchplane or its licensors and is protected by intellectual property laws. These Terms do not grant you any rights to use our trademarks, logos, or brand elements without prior written permission.
Your data
You retain all rights to the data you submit to the Service ("Your Data"), including monitor configurations, incident notes, and status page content. By using the Service, you grant Watchplane a limited, non-exclusive, royalty-free license to process Your Data solely to provide and improve the Service.
Feedback
If you submit suggestions, ideas, or feedback about the Service, you grant us the right to use that feedback without restriction or compensation to you.
Privacy
Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.
Disclaimers and Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Watchplane does not warrant that: (a) the Service will be uninterrupted, error-free, or secure; (b) any defects will be corrected; (c) monitor checks will detect every outage or performance degradation; or (d) the Service will meet your specific requirements.
Uptime monitoring is an inherently probabilistic activity. Check intervals, network conditions, and geographic probe placement all affect detection accuracy. Do not rely solely on Watchplane as your only incident detection mechanism for mission-critical systems.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WATCHPLANE, 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:
- Your access to or use of, or inability to access or use, the Service.
- Any conduct or content of any third party on the Service.
- Failure to detect, alert on, or respond to an incident affecting your systems.
- Unauthorized access to, use of, or alteration of your transmissions or data.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE AMOUNT YOU PAID TO WATCHPLANE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so the above limitations may not apply to you.
Indemnification
You agree to defend, indemnify, and hold harmless Watchplane and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:
- Your access to or use of the Service.
- Your violation of these Terms.
- Your violation of any applicable law or the rights of a third party.
- Any content you submit to the Service.
Termination
By you
You may stop using the Service at any time and delete your account from account settings.
By Watchplane
We may suspend or terminate your access to the Service immediately, with or without notice, for any reason, including if we reasonably believe you have violated these Terms, your payment is overdue, or continued operation of your account poses a security risk to the Service or other users.
Effect of termination
Upon termination, your right to access and use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination will survive, including intellectual property rights, disclaimers, limitation of liability, and indemnification.
Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law provisions.
Any dispute arising from these Terms or the Service that cannot be resolved informally will be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in English. Judgment on the award may be entered in any court of competent jurisdiction.
You waive any right to participate in a class action lawsuit or class-wide arbitration against Watchplane.
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction for claims relating to intellectual property or confidential information.
Changes to Terms
We may revise these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page and, for material changes, notify you via email or a prominent in-app notice at least 14 days before the new terms take effect.
Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service before they take effect.
Contact Us
If you have questions about these Terms, please contact us:
- Email: legal@watchplane.com
- Billing inquiries: billing@watchplane.com
We will do our best to respond to all inquiries within 5 business days.