Terms of service

Company: N-SAID Holding, LLC (a Delaware limited liability company) Service: UptimeGlass (hereinafter referred to as the "Service" or "Platform") Contact: sales@webvklidu.cz

1. Acceptance of Terms

By accessing, registering for, or using the Service, you ("Customer", "User", or "You") agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company, organization, or another legal entity, you represent and warrant that you have the full legal authority to bind said entity to these Terms. You must be at least 18 years of age to use this Service.

2. Description of Service and Service Level Agreement (SLA)

UptimeGlass provides comprehensive website uptime monitoring services, with specialized integration for WordPress websites via our proprietary plugin.

• "As Is" Provision: The Service is provided on an "as is" and "as available" basis. While we employ commercially reasonable efforts to maintain high availability and accurate reporting, we make no absolute guarantees regarding uninterrupted service or error-free operation.
• No Defect Liability: Failure of the Service to detect a website outage, the issuance of false positive alerts, or delayed delivery of notifications (including SMS, email, or webhooks) shall not be deemed a defect of the Service or a breach of these Terms.

3. Payments, Billing, and Merchant of Record

All orders, payment processing, tax collection (including VAT/Sales Tax), and invoicing are securely managed by our designated Merchant of Record, Paddle.com.

• Currency & Billing Cycle: All prices are listed in USD. Subscriptions are billed in advance on a monthly or annual basis and automatically renew at the end of each billing cycle.
• Unpaid Accounts: In the event of a failed payment, UptimeGlass grants a 7-day grace period. Following this period, unpaid Team or Solo accounts will be automatically downgraded to the Free tier, and any monitors exceeding the Free tier limits will be immediately paused.

Refunds follow our refund policy.

4. Acceptable Use Policy (AUP) and Authorization

Your use of the Service is governed by our Acceptable Use Policy, which forms part of these Terms.

5. Account Security and Administrative Access

You are strictly responsible for safeguarding your account credentials (including passwords, 2FA tokens, and API keys).

• Impersonation for Support: You acknowledge and agree that UptimeGlass administrators may, solely for the purposes of providing technical support or investigating security anomalies, utilize an "impersonation" feature to access your account environment as you see it. All such administrative accesses are strictly recorded in our internal audit logs.

6. Free Tier Usage and Lifecycle Limitations

The Free plan is permitted for both personal and commercial use. N-SAID Holding, LLC reserves the right to modify, restrict, or terminate the features and limitations of the Free plan at its sole discretion, providing a 30-day prior notice via email.

7. Intellectual Property

• Platform Rights: N-SAID Holding, LLC retains all intellectual property rights, title, and interest in and to the UptimeGlass web application, dashboard, underlying codebase, and related documentation.
• Plugin License: The UptimeGlass WordPress plugin is distributed under the GPLv2 (or later) license, in compliance with WordPress.org repository guidelines.

8. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. N-SAID HOLDING, LLC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of Liability

IN NO EVENT SHALL N-SAID HOLDING, LLC, ITS DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, REPUTATIONAL HARM, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, N-SAID HOLDING, LLC'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO N-SAID HOLDING, LLC (VIA PADDLE.COM) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to defend, indemnify, and hold harmless N-SAID Holding, LLC from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms, specifically including the Acceptable Use Policy; or (c) your violation of any third-party right, including without limitation any privacy or infrastructure right regarding unauthorized monitoring.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Delaware, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

12. Severability and Entire Agreement

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. These Terms, along with the Privacy Policy and Refund Policy, constitute the entire agreement between you and N-SAID Holding, LLC.