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Terms of Service

Last Updated: August 15, 2026

1. Acceptance of Terms

By creating an account, accessing, or using the website, services, and software provided by ApexUptime Inc. ("ApexUptime," "we," "us," or "our") at apexuptime.com (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 or other legal entity, you represent that you have the authority to bind such entity. If you do not agree with these Terms, you must not access or use the Service.

2. Description of the Service

ApexUptime provides cloud-based infrastructure and uptime monitoring services, including automated HTTP/HTTPS, TCP port, keyword, and heartbeat/cronjob verification, performance latency tracking, incident management, public status page hosting, and third-party alert routing (such as Discord, Slack, Telegram, and Webhooks). We reserve the right to modify, enhance, or temporarily suspend aspects of the Service to perform essential updates and maintenance.

3. Account Registration and Security

  • Eligibility: You must be at least 18 years old and capable of forming a binding contract under applicable law to use the Service.
  • Account Integrity: You agree to provide accurate, current, and complete information during the registration process and keep your account details updated.
  • Credential Protection: You are solely responsible for maintaining the confidentiality of your account credentials, API keys, and session tokens. You agree to notify ApexUptime immediately of any unauthorized use of your account.
  • Liability for Account Activity: You are fully responsible for all activities that occur under your account, whether or not authorized by you.

4. Acceptable Use Policy

You agree not to misuse the Service or assist any third party in doing so. Specifically, you agree that you will not:

  • Configure monitoring for any URL, IP address, server, or digital asset that you do not own, operate, or have express written authorization to monitor.
  • Use the Service to execute, coordinate, or facilitate Denial of Service (DoS/DDoS) attacks, network flooding, port scanning, or malicious vulnerability probing.
  • Attempt to reverse-engineer, decompile, disassemble, or derive source code from any part of the Service.
  • Circumvent, disable, or tamper with any rate limits, plan quotas, or security mechanisms enforced by ApexUptime.
  • Use automated scripts, bots, or scrapers to access the dashboard or extract data without explicit permission or via designated public API endpoints.
  • Resell, sublicense, distribute, or rent access to the Service to third parties without prior written consent from ApexUptime.

Violation of this section constitutes grounds for immediate and permanent account termination without prior notice or refund.

5. Subscription Plans, Billing, and Cancellations

  • Tier Allocations: ApexUptime offers Free, Solo, Team, and Scale subscription plans. Each plan has defined thresholds regarding check intervals, monitor allowances, retention history, and feature access.
  • Billing Cycles & Automatic Renewal: Paid subscriptions are billed in advance on a recurring monthly or annual basis. Your subscription automatically renews at the end of each billing cycle unless cancelled prior to the renewal date.
  • Payment Processing: Payments are processed through secure third-party payment gateways (e.g., Stripe). By submitting payment information, you authorize ApexUptime to charge all accrued subscription fees to your chosen payment method.
  • Cancellations: You may cancel your subscription at any time directly through the dashboard billing settings. Cancellation takes effect at the end of the current, already-paid billing period. You will retain access until that cycle concludes.
  • Refund Policy: Unless required by applicable statutory consumer law, all subscription fees are strictly non-refundable. We do not provide prorated refunds or credits for partial billing periods or unused monitor quotas.

6. Service Level, Disclaimer of Warranties, and "AS IS" Provision

  • "AS IS" and "AS AVAILABLE": THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
  • No Guarantee of Uninterrupted Operation: APEXUPTIME DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, OR COMPLETELY FREE FROM DELAYS OR DATA LOSS. INTERNET OUTAGES, DNS PROPAGATION ISSUES, REGIONAL FIREWALLS, OR THIRD-PARTY INTEGRATION DOWNTIME (E.G., DISCORD, SLACK, TELEGRAM) CAN AFFECT MONITORING PERFORMANCE.

7. Comprehensive Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • Exclusion of Consequential and Indirect Damages: IN NO EVENT SHALL APEXUPTIME INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR ANY OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH:
    • THE USE OF, INABILITY TO USE, OR DELAY IN THE SERVICE;
    • ANY MISSED, FAILED, DELAYED, OR ERRONEOUS DOWNTIME ALERTS OR NOTIFICATIONS;
    • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS;
    • OUTAGES OR SERVICE DISRUPTIONS OF YOUR MONITORED ENDPOINTS.
  • Aggregate Liability Cap: IN NO EVENT SHALL APEXUPTIME'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO APEXUPTIME UNDER THE SPECIFIC ACCOUNT IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED US DOLLARS ($100.00 USD), WHICHEVER IS GREATER.

8. Indemnification

You agree to defend, indemnify, and hold harmless ApexUptime Inc., its parent entities, subsidiaries, officers, directors, employees, and agents from and against any third-party claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including reasonable attorneys' fees) resulting from:

  • Your use of or access to the Service;
  • Your violation of any term or provision of these Terms;
  • Your violation of any third-party right, including intellectual property, privacy, or property rights;
  • The unauthorized monitoring of third-party domains, servers, or endpoints through your account.

9. Suspension and Termination

We reserve the right, in our sole discretion, to suspend, restrict, or terminate your access to all or any part of the Service at any time, with or without cause, and with or without notice. Upon termination, your right to access the Service immediately ceases, and ApexUptime may delete all associated monitor configurations, log data, and metrics without liability.

10. Modifications to Terms

ApexUptime reserves the right to revise or update these Terms at any time. When material changes are made, we will revise the "Last Updated" date at the top of this page and may provide additional notification (e.g., via email or an in-dashboard banner). Your continued use of the Service following the posting of revised Terms constitutes your acceptance of and agreement to the modifications.

11. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Delaware, United States (or applicable corporate jurisdiction), without regard to its conflict of law principles. Any legal proceeding arising out of these Terms shall be instituted exclusively in the competent courts located within the jurisdiction of the company's registration.

12. Contact Information

If you have any questions, legal inquiries, or notices concerning these Terms, please contact us at: