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Terms of Service

Last updated: March 2026

1. Acceptance

By creating an account or using CheckUpstream (“Service”), you agree to these Terms of Service (“Terms”) and our Privacy Policy. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms. If you do not agree, do not use the Service.

2. Accounts and Registration

  • You must provide accurate information when creating an account and keep it up to date.
  • You are responsible for all activity that occurs under your account.
  • You must notify us immediately at security@checkupstream.com if you suspect unauthorised access.
  • Accounts are personal; you may not share credentials or transfer your account to another party.

3. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any regulations.
  • Circumvent rate limits, abuse the API, or take actions that degrade performance for other users.
  • Scrape third-party status pages through the Service in a manner that violates those pages' own terms.
  • Attempt to gain unauthorised access to the Service, its infrastructure, or other users' data.
  • Reverse-engineer, decompile, or extract source code from the Service.
  • Introduce malicious code, viruses, or any component designed to disrupt or damage the Service.
  • Resell or sublicense access to the Service without our prior written consent.

4. Plans and Payment

  • Paid plans are billed monthly in advance. All fees are non-refundable except where required by law.
  • You may upgrade or downgrade your plan at any time; changes take effect at the start of the next billing cycle.
  • Failure to pay may result in suspension of your account. We will notify you before suspending for non-payment.
  • Prices may change with 30 days' notice. Continued use after the notice period constitutes acceptance of the new pricing.

5. Service Availability

We aim for high availability but do not guarantee any specific uptime. The Service is provided on a commercially reasonable efforts basis. CheckUpstream is not liable for any decisions made — including deployment decisions, incident response actions, or business decisions — based on status data or alerts provided by the Service. Third-party status data is sourced from public APIs and may be delayed, incomplete, or inaccurate.

6. Intellectual Property

All rights, title, and interest in the Service — including software, design, trademarks, and documentation — are and remain the exclusive property of CheckUpstream.

You retain ownership of your data (repository metadata, configurations, and telemetry you submit). You grant us a limited, non-exclusive licence to process that data solely to provide the Service to you. We do not claim ownership of your data and will not use it for any purpose beyond operating and improving the Service.

7. Confidentiality

Each party agrees to keep the other's non-public information confidential and to use it only as necessary to perform obligations under these Terms. This does not apply to information that is publicly known, independently developed, or required to be disclosed by law.

8. Disclaimer of 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, ACCURACY OF STATUS DATA, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHECKUPSTREAM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) USD 100.

10. Indemnification

You agree to indemnify and hold harmless CheckUpstream and its affiliates from any claims, damages, or expenses (including reasonable legal fees) arising from your violation of these Terms, your use of the Service, or your violation of any third-party rights.

11. Termination

You may cancel your account at any time from Settings → Account → Delete Account. We may suspend or terminate your account immediately, with or without notice, if we reasonably believe you have violated these Terms or that continued access poses a security risk. Upon termination, your right to use the Service ceases and your data will be deleted per our Privacy Policy.

12. Governing Law and Disputes

These Terms are governed by the laws of England and Wales, without regard to conflict of law principles. Any dispute arising from these Terms shall first be subject to good faith negotiation. If unresolved after 30 days, disputes shall be submitted to the jurisdiction of the courts of England and Wales.

If you are a consumer resident in the European Union, United Kingdom, Australia, or another jurisdiction whose mandatory consumer protection laws provide you with greater rights than those described in these Terms, those local rights apply to the extent required by law and are not affected by this clause. Nothing in these Terms limits any right you have under applicable consumer protection legislation that cannot be excluded by contract.

13. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by email or an in-app notice at least 14 days before they take effect. Continued use of the Service after that date constitutes acceptance of the updated Terms.

14. Contact

For legal questions, email legal@checkupstream.com.