Terms and Conditions

As of: August 29, 2026 · Version 1.0

§ 1 Scope of Application and Contract Language

1.1 These Terms and Conditions (hereinafter “Terms”) govern the contractual relationship between UptimeSheriff, proprietor Niels van Veen, c/o Postflex #8764, Emsdettener Str. 10, 48268 Greven, Germany, VAT ID DE309665873 (hereinafter “Provider”), and its contractual partners (hereinafter “User”). The Provider operates a web-based Software-as-a-Service platform (SaaS) for monitoring the availability of websites and HTTP endpoints (uptime monitoring). These Terms apply in the version valid at the time of conclusion of the contract.

1.2 Conflicting or deviating terms and conditions of the User shall not apply, even if the Provider has not expressly objected to them. Deviations from these Terms are only valid if they have been expressly confirmed by the Provider in text form.

1.3 The contract language is German. In addition, translations of these Terms as well as of Platform content may be available in other languages. All translations are non-binding courtesy services. In the event of discrepancies between the German version and a foreign language version, only the German version shall be authoritative. No claims against the Provider may be derived from translation errors.

1.4 For questions regarding these Terms or the services offered, Users may contact the Provider at support@uptimesheriff.com.

§ 2 Subject Matter and Service Description

2.1 UptimeSheriff is a software tool (Software as a Service) for monitoring the availability of websites and HTTP endpoints. The Provider provides software functionality exclusively and does not render any services beyond that.

2.2 The scope of services of the Platform includes in particular:

• Monitoring: recurring checks of the availability of websites and HTTP endpoints; the check intervals depend on the chosen plan (Free plan: every 5 minutes; Pro plan: every minute);
• Alerting: notifications of detected disruptions by email, Telegram, Slack, and webhook;
• Status pages: ability to provide public status pages for the monitored services.

2.3 The current scope of features is determined by the service description on the website as well as the functions visible in the user account. The Provider reserves the right to expand, adapt, or discontinue individual features at any time as part of the ongoing development of the Platform, provided that the contractually agreed core scope of services is not materially restricted and the change is reasonable for the User.

2.4 The Provider provides the Platform “as is.” Representations on the website, in marketing materials, or in the user interface serve as general information and do not constitute a binding assurance of specific characteristics or results.

§ 3 No Alert Guarantee and No Assumption of Monitoring Obligations

3.1 No guarantee for monitoring results. The Provider does not guarantee that monitoring results, availability data, or alert notifications are complete, accurate, or timely. Check results may in particular be distorted, delayed, or prevented by network disruptions, disruptions at third-party providers, or characteristics of the monitored systems.

3.2 Alerts are delivered via third-party services (in particular email providers, Telegram, Slack, and webhook recipients designated by the User). The Provider has no influence over the availability and delivery speed of these services; no specific delivery time or delivery is guaranteed.

3.3 No assumption of User obligations. Use of the Platform does not replace the User’s own monitoring, backup, or compliance obligations, whether based on statute, contract, or official order. The Provider does not assume such obligations and does not provide legal, technical, or other professional advice.

3.4 The User remains solely responsible for ensuring the operation of their monitored systems and for detecting and remedying disruptions independently of the results of the Platform.

§ 4 Conclusion of Contract and Registration

4.1 The presentation of services and prices on the website does not constitute a legally binding offer, but rather a non-binding invitation to submit an offer (invitatio ad offerendum).

4.2 By completing the registration, the User submits a binding offer to conclude a usage agreement. The contract is concluded when the Provider activates the user account and grants the User access to the Platform.

4.3 There is no entitlement to registration or conclusion of a contract. The Provider reserves the right to reject registration without stating reasons.

4.4 The User is obligated to provide complete and truthful information during registration and during subsequent use of the Platform and to promptly update any changes in the user account.

§ 5 User Obligations

5.1 The User undertakes to use the Platform exclusively for lawful purposes and in accordance with these Terms. In particular, the User undertakes:

• to monitor only those websites and HTTP endpoints that they operate themselves or that they are expressly authorized to monitor by the entitled party;
• to keep their access credentials strictly confidential, not to disclose them to unauthorized third parties, and to inform the Provider immediately of any unauthorized use of their account;
• not to misuse the Platform, in particular not to use it to overload, disrupt, or probe third-party systems;
• not to use any programs or procedures that may impair the functionality of the Platform or cause an unreasonable burden on the infrastructure.

5.2 The User is liable for all activities carried out via their user account, insofar as they are responsible for them.

§ 6 Free Plan

6.1 The Provider offers a free plan with up to 10 monitors and a check interval of 5 minutes. The free plan may be terminated by either party at any time without observing a notice period.

6.2 There is no entitlement to the continued existence of the free plan or of a specific free scope of services. The Provider may adjust the scope of the free plan with a notice period of 30 days by email or discontinue the free plan altogether with the same notice period.

§ 7 Prices and Payment

7.1 The Pro plan includes up to 100 monitors with checks every minute and costs €3.99 per month or €39 per year. All prices are stated in euros and include the applicable statutory value-added tax (gross prices).

7.2 Payment of subscription fees is made in advance for the respective billing period (month or year). Billing and payment processing are handled through the payment service provider Stripe; the available payment methods are displayed during the checkout process. Invoices are issued via sevDesk and provided to the User in electronic form.

7.3 If the User is in default of payment, the Provider is entitled to restrict or block access to the paid features after prior reminder. The statutory consequences of default remain unaffected.

7.4 Price changes. Price changes apply exclusively to future billing periods. The Provider announces price changes by email at least 30 days before they take effect. A User who does not agree to the price change may cancel the subscription before the change takes effect, effective at the end of the current billing period; until then, the previous price shall apply.

§ 8 Term, Termination, and Data Export

8.1 The usage agreement for the free plan is concluded for an indefinite period and may be terminated at any time. Paid subscriptions have a term of one month or one year (billing period) and are automatically renewed for another billing period unless they are canceled beforehand.

8.2 Cancellation of a paid subscription takes effect at the end of the current billing period. No pro-rata refund of fees already paid for the current billing period will be made, unless the Provider has failed to provide the service or has not provided it in accordance with the contract.

8.3 The right of both parties to extraordinary termination for good cause remains unaffected. Good cause for the Provider exists in particular if the User repeatedly or seriously violates these Terms or uses the Platform for unlawful purposes.

8.4 Discontinuation of the service. There is no entitlement to the permanent continuation of the service. The Provider is entitled to discontinue the service altogether; it shall announce the discontinuation to existing Users by email at least 30 days in advance. Fees already paid for periods after the discontinuation takes effect will be refunded on a pro-rata basis. Further claims due to the discontinuation exist only in accordance with § 12.

8.5 Data export and deletion. After the end of the contract, the Provider shall make the User’s data available for export for a period of 30 days. After expiry of this period, the Provider is entitled to irrevocably delete all User data, insofar as no statutory retention obligations apply. Public status pages will be deactivated upon the end of the contract.

§ 9 Availability and Maintenance

9.1 The Provider aims for an average Platform availability of 99.5% on a monthly average. No guarantee for a specific availability is given.

9.2 The following periods shall not be taken into account when calculating availability:

• scheduled maintenance work, which is carried out, where possible, outside of peak usage times and, where possible, announced in advance;
• unscheduled maintenance work or technical measures necessary to ensure system stability or security;
• outages caused by force majeure, cyberattacks, disruptions at third-party providers, or other circumstances beyond the control of the Provider;
• outages caused by use of the Platform in breach of the contract.

9.3 Temporary unavailability of the Platform due to the circumstances specified in § 9.2 does not constitute a material defect and does not give rise to any claim for reduction, damages, or other compensation.

§ 10 Support

10.1 The Provider provides the User with support by email at support@uptimesheriff.com. Support includes assistance with technical questions regarding Platform usage and with the resolution of malfunctions.

10.2 The Provider endeavors to respond to requests within 2 business days. No fixed response time is guaranteed. Support does not include legal, tax, or other professional advice; § 3 applies accordingly.

§ 11 Warranty

11.1 The Provider provides the Platform in the form available at the respective time. The Provider makes no representations with respect to the fitness of the Platform for a particular purpose, its uninterrupted or error-free operation, or the accuracy and completeness of the information generated by the Platform.

11.2 Insofar as the Platform has defects, the Provider shall provide supplementary performance at its own discretion by remedying the defect or providing a workaround. Obvious defects must be reported by the User immediately in text form.

11.3 Warranty is excluded for malfunctions that are attributable to use of the Platform in breach of the contract, to unauthorized interventions by the User or third parties, or to circumstances beyond the control of the Provider.

§ 12 Liability

12.1 The Provider shall be liable without limitation in cases of intent and gross negligence, for damages resulting from injury to life, body, or health, within the scope of a guarantee expressly assumed by the Provider, in cases of fraudulently concealed defects, under the provisions of the Produkthaftungsgesetz (ProdHaftG, German Product Liability Act), as well as within the scope of mandatory statutory liability, in particular under the Datenschutz-Grundverordnung (DSGVO (GDPR), General Data Protection Regulation).

12.2 In cases of slightly negligent breach of material contractual obligations (cardinal obligations), the liability of the Provider shall be limited in amount to the foreseeable, contract-typical damage. Material contractual obligations are those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely. Beyond this, the liability of the Provider in cases of slight negligence is excluded.

12.3 The liability of the Provider for claims for damages arising from slightly negligent breach of material contractual obligations is limited per calendar year to a total amount equal to the remuneration paid by the User to the Provider in the relevant calendar year (maximum liability amount).

12.4 Liability for indirect damages and consequential damages, including lost profits, is excluded, unless a case under § 12.1 applies.

12.5 The foregoing limitations and exclusions of liability shall also apply in favor of the legal representatives, employees, and vicarious agents of the Provider.

§ 13 Right of Withdrawal for Consumers

13.1 If the User is a consumer within the meaning of § 13 BGB (German Civil Code), they are generally entitled to a right of withdrawal pursuant to §§ 312g, 355 BGB.

13.2 Withdrawal instructions: You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen days from the day the contract was concluded. To exercise your right of withdrawal, you must inform us (UptimeSheriff, Niels van Veen, c/o Postflex #8764, Emsdettener Str. 10, 48268 Greven, Germany, email: support@uptimesheriff.com) by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for you to send the notification of exercise of the right of withdrawal before the expiry of the withdrawal period.

13.3 Consequences of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.

13.4 Premature expiry of the right of withdrawal: The right of withdrawal shall expire prematurely pursuant to § 356 para. 5 BGB if the Provider has begun to perform the contract only after the User has given their express consent and simultaneously confirmed their awareness that they will lose their right of withdrawal upon complete performance of the contract. The User will be expressly informed of this during the ordering process and must confirm this.

13.5 Model Withdrawal Form (please complete and return this form only if you wish to withdraw from the contract):

§ 14 Data Protection

14.1 The Provider processes personal data of Users in accordance with applicable data protection regulations, in particular the Datenschutz-Grundverordnung (DSGVO (GDPR), General Data Protection Regulation) and the Bundesdatenschutzgesetz (BDSG, German Federal Data Protection Act). Further information on data processing can be found in the Privacy Policy, which is available at /privacy.

§ 15 Amendments to the Terms

15.1 The Provider reserves the right to amend these Terms, also for existing contractual relationships, insofar as the amendment is necessary or objectively justified due to legislative changes, court decisions, technical developments, or changed market conditions.

15.2 The User will be informed of planned amendments by email; the amended provisions will be highlighted. The User may object to the amendments in text form within fourteen (14) days after receipt of the notification. If the User does not object within this period, the amended Terms shall be deemed accepted. This legal consequence shall be specifically noted in the amendment notification. In the event of an objection, the Provider is entitled to terminate the contractual relationship at the end of the current billing period.

§ 16 Force Majeure

16.1 Neither party shall be liable for the non-performance or delayed performance of its obligations under the contract insofar as this is attributable to circumstances of force majeure. Force majeure includes in particular natural disasters, epidemics, wars, strikes, governmental measures, power outages, telecommunications outages, cyberattacks, failures of third-party providers, and other unforeseeable events beyond the reasonable control of the affected party.

16.2 The affected party shall promptly inform the other party of the existence and expected duration of the impediment and shall make reasonable efforts to minimize its effects.

§ 17 Applicable Law and Jurisdiction

17.1 The contractual relationship between the Provider and the User shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

17.2 If the User is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law (öffentlich-rechtliches Sondervermögen), the exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be the registered office of the Provider.

17.3 For consumers, the statutory provisions shall apply, in particular the mandatory consumer protection provisions of the state in which the consumer has their habitual residence; these remain unaffected.

§ 18 Final Provisions

18.1 Should any provision of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, that valid provision shall be deemed agreed which comes closest to the economic purpose of the original provision. The same shall apply to any gaps in the contract.

18.2 Side agreements, amendments, and supplements to these Terms require text form. This also applies to the waiver of this text form requirement.

As of: August 29, 2026 · Version 1.0