Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of diffmonitors.com and all related websites, applications, APIs, live demos, dashboards and services provided by Diffmonitors (“Diffmonitors”, “we”, “us” or “our”) (together, the “Service”). By accessing or using the Service, signing in, or clicking to accept, you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of an organization, you agree to these Terms for that organization and confirm you have authority to do so. If you do not agree, do not use the Service.

Please read Sections 10 to 13 carefully: they disclaim warranties, limit our liability, require you to indemnify us, and require disputes to be resolved by individual binding arbitration with a waiver of class actions and jury trials.

1. Eligibility

You must be at least 18 years old (or the age of majority where you live) and able to form a binding contract to use the Service. You may not use the Service if you are barred from doing so under applicable law.

2. Changes to the Service and these Terms

The Service is an early preview. We may add, change, suspend, limit or discontinue any part of the Service, any feature, plan, price or limit, at any time, for any reason, with or without notice, and without liability to you. We may revise these Terms at any time by posting an updated version; changes are effective when posted. Your continued use of the Service after changes are posted constitutes acceptance of them.

3. Accounts

You sign in with a third-party identity provider (currently Google). You are responsible for all activity under your account and for keeping your credentials and devices secure. We may suspend, restrict or terminate your account or access to the Service at any time, for any reason or no reason, with or without notice.

4. Your responsibilities and acceptable use

You are solely responsible for the URLs, endpoints and content you monitor and for your use of the Service and its output. You represent and warrant that you have all rights, permissions and consents needed to access, retrieve and process everything you monitor, and that your use complies with all applicable laws and with the terms of use, robots.txt instructions, rate limits and policies of the sites and services you monitor. You will not, and will not allow anyone to:

• use the Service for any unlawful, infringing, fraudulent, harmful or abusive purpose;
• monitor, collect or process data you are not authorized to access, or personal data in violation of data protection laws;
• overload, attack, disrupt or circumvent the security, authentication or rate limits of the Service or of any third-party system;
• reverse engineer, decompile, copy, scrape, resell, sublicense or create derivative works of the Service, except as allowed by law;
• use the Service to build a competing product, or access it by automated means other than our published interfaces; or
• upload or transmit malware or any content that is illegal, infringing, defamatory or otherwise objectionable.

We may investigate and take any action we consider appropriate, including removing monitors and suspending accounts.

5. Third-party sites, content and services

The Service retrieves and displays content from websites and APIs operated by third parties, and integrates with third-party services (such as Google, Slack, email providers and payment processors). We do not control, endorse or assume any responsibility for third-party sites, content, services or their availability, accuracy, legality or changes. Your dealings with third parties are solely between you and them.

6. No reliance; no professional advice

Checks, snapshots, diffs, alerts, notifications, webhooks, demo data and any other output of the Service may be delayed, missed, duplicated, incomplete or inaccurate. The Service is not designed for, and you must not rely on it for, any safety-critical, emergency, medical, legal, financial, trading or investment decision, or any situation in which failure, delay or error could lead to loss, damage or injury. Nothing in the Service is professional advice.

7. Your content and feedback

You retain any rights you have in content you provide. You grant Diffmonitors a worldwide, non-exclusive, royalty-free, sublicensable license to host, copy, process, transmit, display and otherwise use that content, and the data retrieved for you, as needed to provide, secure and improve the Service. We may use aggregated or de-identified data derived from the Service for any purpose. If you give us feedback or suggestions, you grant us a perpetual, irrevocable, unrestricted license to use them without obligation to you.

8. Fees

The Service is currently free. Paid plans described on our site are not yet available for purchase. If and when they are, prices, plans and limits may change at any time, applicable taxes will be added, and, except where required by law, all fees are non-refundable.

9. Intellectual property

The Service, including its software, design, text, graphics, logos and trademarks, is owned by Diffmonitors or its licensors and is protected by law. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for your internal purposes. All rights not expressly granted are reserved.

10. Disclaimer of warranties

To the maximum extent permitted by law, the Service and all content, output and information provided through it are provided “as is” and “as available”, with all faults and without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and any warranties arising from course of dealing or usage of trade. Diffmonitors does not warrant that the Service will be uninterrupted, timely, secure, error-free or free of harmful components, that any change will be detected or reported, or that any data will be accurate, complete, preserved or not lost. You use the Service at your own risk.

11. Limitation of liability

To the maximum extent permitted by law, in no event will Diffmonitors or its affiliates, officers, directors, employees, agents, suppliers or licensors be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, data or use, business interruption, cost of substitute services, or any damages arising from missed, delayed or inaccurate checks, alerts or data, or from third-party sites or services, however caused and under any theory of liability, even if advised of the possibility of such damages. Our total aggregate liability for all claims relating to the Service or these Terms will not exceed the greater of (a) the amounts you paid us for the Service in the twelve (12) months before the event giving rise to the claim and (b) fifty U.S. dollars (US $50). These limitations apply even if a remedy fails of its essential purpose.

12. Indemnification

You will defend, indemnify and hold harmless Diffmonitors and its affiliates, officers, directors, employees and agents from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service, the content you provide or monitor, your violation of these Terms, or your violation of any law or of the rights or terms of any third party, including the operators of sites and services you monitor.

13. Disputes, arbitration and class action waiver

These Terms and any dispute relating to them or to the Service are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-law rules. Any dispute, claim or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association under its applicable rules, conducted in English, on an individual basis, and judgment on the award may be entered in any court of competent jurisdiction. You and Diffmonitors each waive the right to a jury trial and to participate in any class, collective or representative action. Either party may bring an individual claim in small-claims court or seek injunctive relief for misuse of intellectual property. To the extent permitted by law, any claim must be brought within one (1) year after it arises or it is permanently barred.

14. Termination

You may stop using the Service at any time. We may terminate or suspend these Terms or your access at any time for any reason. Sections that by their nature should survive termination (including 4 to 7 and 9 to 15) will survive.

15. General

These Terms are the entire agreement between you and Diffmonitors regarding the Service and supersede any prior agreements. If any provision is found unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in effect. Our failure to enforce any right is not a waiver. You may not assign these Terms without our prior written consent; we may assign them freely. We are not liable for any delay or failure caused by events beyond our reasonable control. You must comply with all applicable export control and sanctions laws. Notices to us must be sent to info@diffmonitors.com.