1. Acceptance of Terms

By accessing and using PingBuoy ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Description of Service

PingBuoy provides website monitoring services including uptime monitoring, page speed monitoring, SSL status checks, and API monitoring. We offer paid subscription plans, including Starter and Pro.

3. User Accounts

You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account.

4. Acceptable Use Policy

You agree not to use the Service to:

• Monitor websites that contain illegal content or violate applicable laws
• Attempt to interfere with, compromise the security of, or decipher any transmissions to or from the servers running the Service
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure
• Upload invalid data, viruses, worms, or other software agents through the Service
• Collect or harvest any personally identifiable information from the Service
• Use the Service for any commercial solicitation purposes
• Impersonate another person or otherwise misrepresent your affiliation with a person or entity

5. Refund Policy

6. Service Availability

We strive to provide reliable service but do not guarantee 100% uptime. Scheduled maintenance and unexpected outages may occur. We will make reasonable efforts to provide advance notice of scheduled maintenance.

7. Limitation of Liability

PingBuoy shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

8. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for conduct that we believe violates these Terms of Service, violates applicable law, or is harmful to other users, us, or third parties.

You may cancel your subscription at any time from your account settings. If payment fails and is not resolved after reasonable notice, we may limit or suspend access to paid features until billing is current.

Following cancellation or termination, we may retain certain information as required by law, to resolve disputes, enforce our agreements, or protect against fraud and abuse.

9. Consumer and Privacy Rights

Depending on where you live, you may have specific privacy rights under applicable laws, including U.S. state privacy laws and, where applicable, GDPR/UK GDPR. For details on how we process personal data and how to exercise privacy rights requests, please review our Privacy Policy.

10. Changes to Terms

We reserve the right to modify these terms at any time. We will notify users of significant changes via email or through our service. Continued use of the service after changes constitutes acceptance of the new terms.

11. Data Breach Notification

In accordance with GDPR Article 33 and Article 34, PingBuoy is committed to protecting your personal data and will notify you promptly in the event of a data breach that may pose a risk to your rights and freedoms.

Breach Response Procedure

If we become aware of a personal data breach, we will:

• Within 72 hours: Notify the relevant supervisory authority (as required by GDPR Article 33) unless the breach is unlikely to result in a risk to your rights and freedoms.
• Without undue delay: Notify affected users directly via email if the breach is likely to result in a high risk to your rights and freedoms (as required by GDPR Article 34).
• Document the breach: Record all facts relating to the breach, its effects, and the remedial action taken.
• Take immediate action: Implement measures to contain and mitigate the breach, including securing affected systems and preventing further unauthorized access.

Information Provided in Breach Notifications

If we notify you of a data breach, we will provide the following information:

• The nature of the personal data breach, including the categories and approximate number of users and data records affected
• The contact details of our Data Protection Officer or other point of contact for more information
• The likely consequences of the breach
• The measures taken or proposed to address the breach and mitigate its possible adverse effects
• Recommended actions you should take to protect yourself (e.g., changing passwords, monitoring accounts)

Your Rights Following a Breach

Following a data breach notification, you have the right to:

• Request additional information about the breach and our response
• Access any of your personal data that may have been affected
• Request the deletion of your personal data
• Lodge a complaint with your local supervisory authority
• Seek compensation for damages resulting from the breach

For any questions or concerns regarding data security or breach notifications, please contact us immediately at security@pingbuoy.com or legal@pingbuoy.com.

12. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Email: legal@pingbuoy.com