Terms and Conditions
§ 1 Scope
These terms and conditions govern the contractual relationship between Heiko Stuhrmann (“Provider”) and users (“Customer”) regarding the use of the SaaS service UptimeAlien (uptime and error monitoring), available via the web application and the UptimeAlien apps. Deviating terms of the Customer apply only with express written consent.
§ 2 Conclusion of contract
By registering and confirming the email address, a free contract for the Free plan is concluded. Paid plans are concluded and billed via the payment provider Polar Software, Inc. as “Merchant of Record”; in this respect, Polar is your contractual seller for payment processing.
§ 3 Services
The Provider offers a platform for monitoring services (including HTTP/HTTPS, TCP, ping, DNS, SSL certificates, JSON health, API flows, UDP), for notifications via multiple channels, for providing public status pages, and for capturing error events. The Provider strives for high availability but does not guarantee uninterrupted accessibility. Maintenance work is announced in advance where possible.
§ 4 Customer obligations
The Customer undertakes to monitor only their own systems or systems they are authorized to monitor, not to use unlawful check targets or content, to keep credentials and API keys confidential, and to be solely responsible for the content they provide and the data they submit (e.g. error events) as well as its legal admissibility. Regular, permanently reachable email addresses must be used for registration (no disposable addresses).
§ 5 Prices and payment
The prices stated on the pricing page at the time of booking apply. Billing is handled by Polar monthly or annually in advance. Any VAT is handled and shown by Polar as Merchant of Record in accordance with statutory requirements.
§ 6 Term and termination
The Free contract runs for an indefinite period and can be terminated at any time by deleting the account. Paid plans renew automatically for the respective billing period and can be cancelled via Polar's customer portal or in the settings as of the end of the current period. The right to extraordinary termination for good cause — in particular in the event of repeated breaches of § 4 — remains unaffected.
§ 7 Liability
The Provider is liable without limitation for intent and gross negligence, as well as under the Product Liability Act and for damages arising from injury to life, body, or health. In the case of slight negligence, the Provider is liable only for the breach of an essential contractual obligation (cardinal obligation) and limited to the foreseeable damage typical for the contract. The Provider assumes no liability for content provided, check targets configured, or data submitted by the Customer.
§ 8 Data protection
Details on the processing of personal data are governed by the privacy policy.
§ 9 Right of withdrawal
Consumers have a statutory right of withdrawal. The details can be found in the withdrawal policy.
§ 10 Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the state in which the consumer has their habitual residence remain unaffected. Should individual provisions of these terms be invalid, the validity of the remaining provisions remains unaffected.