Terms of Service

1.1 Service Provider

1.2 Definitions

• •Services: The UptimeWarden monitoring platform and all related services.
• •Platform: The web-based application accessible at app.uptimewarden.online.
• •Monitoring: Automated checking of websites, APIs, servers, and digital infrastructure.
• •Account: Your registered access to the Platform.
• •Subscription: Paid access to Services under any available plan.
• •Customer Content: All data, configurations, URLs, recipients, and other content you submit to the Services.
• •Consumer: Individual customers purchasing services for personal, non-commercial use.
• •Business Customer: Legal entities or individuals purchasing services for commercial purposes.

2.1 Agreement to Terms

By creating an account, accessing, or using UptimeWarden services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and our Cancellation & Refund Policy. If you do not agree to these terms, you must not use our Services.

2.2 Eligibility Requirements

3.1 Core Monitoring Services

• Website uptime and performance monitoring with real-time alerts.
• API endpoint monitoring with response time and status code tracking.
• Server infrastructure monitoring including resource utilisation.
• SSL certificate monitoring with expiration and configuration alerts.
• Security headers analysis and vulnerability detection.
• Multi-location monitoring from distributed global agents.
• WebSocket, gRPC, TCP, and UDP protocol monitoring.
• Custom notification channels and escalation workflows.

3.2 AI features

• Predictive analytics for potential system issues and failures.
• Anomaly detection and pattern recognition algorithms.
• Automated incident correlation and root cause analysis.
• Performance optimisation recommendations and insights.
• Security threat intelligence and behavioural analysis.
• AI features are optional. They run only after you turn on AI processing, and you can turn it off at any time.

3.3 Platform Features

• Web-based dashboard and reporting interface.
• RESTful API for data access, integration, and automation.
• Mobile-responsive design optimised for all devices.
• Real-time status pages and customisable public dashboards.
• Audit logging and compliance reporting tools.

3.4 Service Availability and Limitations

4.1 Account Responsibilities

4.2 Acceptable Use Policy

5.1 Plans and Pricing

• The Services are offered under subscription plans (currently Free, Hobby, Starter, Professional, and Enterprise). Features, quotas, and prices for each plan are described on the pricing page and are incorporated into these Terms by reference.
• All prices are exclusive of value-added tax (KDV/VAT), sales tax, withholding tax, and other governmental levies, which will be added where applicable.
• We may change prices, plan structures, and quotas with reasonable prior notice. Price changes take effect at the start of your next billing cycle.

5.2 Billing, Authorisation, and Auto-Renewal

• Subscriptions are billed in advance on a monthly or annual basis using the payment method on file. By subscribing, you authorise us and our licensed payment-services partners to charge that method for all applicable fees.
• Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. You may disable auto-renewal at any time from your account dashboard.
• All payment card data is processed by PCI DSS-compliant third-party gateways. We do not store full card numbers; tokenised credentials are stored encrypted at rest using AES-256-GCM.
• If a payment fails, we may retry the charge and suspend access to paid features after a reasonable grace period. You remain liable for amounts properly incurred up to the date of suspension or termination.

5.3 Refunds and Cancellation

Refunds and cancellations are governed by our Cancellation & Refund Policy, including the 30-day money-back guarantee for first-time subscribers and the 14-day right of withdrawal for consumer customers under TKHK and Directive 2011/83/EU (subject to the digital-services exception described therein).

5.4 Taxes and Withholding

You are responsible for all taxes associated with your purchase, except for taxes based on our net income. Business customers established outside Turkey are responsible for self-assessing VAT under the reverse-charge mechanism where applicable.

6.1 Our Rights

The Platform, the Services, the UptimeWarden name and logo, and all associated software, source code, AI models, documentation, look-and-feel, and content (collectively, the "UptimeWarden IP") are owned by Zenigma Teknoloji A.Ş. or its licensors and are protected by Turkish Law No. 5846 on Intellectual and Artistic Works, the Turkish Industrial Property Code (Law No. 6769), applicable EU directives and international copyright, trademark, and trade-secret laws.

6.2 Limited Licence to You

Subject to your continued compliance with these Terms and full payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services for your internal business or personal purposes during your subscription term. No other rights are granted by implication, estoppel, or otherwise.

6.3 Your Content

You retain all rights in the data, configurations, URLs, notification recipients and other content you submit to the Services ("Customer Content"). You grant us a worldwide, royalty-free licence to host, process, transmit, display and otherwise use Customer Content solely to provide, secure, and improve the Services.

6.4 Feedback

If you submit suggestions, ideas, or feedback regarding the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use and incorporate them into the Services without obligation or attribution.

Each party shall treat as confidential all non-public information received from the other party that is designated as confidential or that would reasonably be understood to be confidential, and shall use such information solely to perform under these Terms. Obligations of confidentiality continue for three (3) years after termination, save for trade secrets which shall remain confidential for as long as they qualify as such under applicable law.

Where we process personal data on behalf of a business customer in the course of providing the Services, we act as a processor under GDPR Art. 28 and a veri işleyen under KVKK. A Data Processing Addendum (DPA), including EU Standard Contractual Clauses where applicable, is available to qualifying business customers upon written request to [email protected].

Our collection, use, and protection of personal data is further described in the Privacy Policy, which forms an integral part of these Terms.

Data location and AI processing

We store Customer Content in Microsoft Azure data centres in the European Union, with the primary database in Sweden and the application platform in Germany, and we keep backups in the European Union. Monitoring checks also run from locations outside the European Union; those locations run the checks, send the results to our systems in the European Union and do not store Customer Content.

We process Customer Content with AI only after you turn on AI processing, and only through Microsoft Azure. The AI service does not store your prompts or outputs, and they are not used to train AI models.

Sections 9 and 10 of the Privacy Policy describe these arrangements in more detail. We will not change these commitments to your detriment without giving notice under Section 13.1.

Except as expressly stated in these Terms or in a separate written service-level agreement, the Services and all related materials are provided "AS IS" and "AS AVAILABLE". To the maximum extent permitted by applicable law, UptimeWarden disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, and absence of defects or errors.

We do not warrant that the Services will be uninterrupted, error-free, or absolutely secure; that the Services will meet your specific requirements; or that monitoring results, AI predictions, or recommendations will be free of false positives or false negatives. You are responsible for designing your operations so as not to depend on infallibility of the Services. Nothing in this section limits any non-excludable rights you may have as a consumer.

To the maximum extent permitted by applicable law, neither party shall be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of business, loss of goodwill, loss of data, business interruption, or substitute service costs, arising out of or relating to these Terms or the Services, even if advised of the possibility of such damages.

Liability for direct damages is limited to the extent permitted by applicable law. Nothing in these Terms purports to exclude or limit any liability that cannot lawfully be excluded or limited, in particular the mandatory consumer-protection rules under the Turkish Law on Consumer Protection (TKHK) and Directive 2011/83/EU as implemented in your country of habitual residence.

The limitations in this Section do NOT apply to: (i) liability arising from gross negligence or wilful misconduct; (ii) death or personal injury caused by negligence; (iii) breach of confidentiality or intellectual-property obligations; (iv) a party's indemnification obligations; (v) fraud; or (vi) any other liability that cannot be excluded or limited under applicable law.

You agree to defend, indemnify, and hold harmless UptimeWarden, Zenigma Teknoloji A.Ş., and our officers, directors, employees, agents, and licensors against any third-party claims, damages, fines, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Services in violation of these Terms or applicable law; (b) Customer Content, including its alleged or actual infringement of any third-party right; (c) monitoring of systems you do not own or have no authorisation to monitor; or (d) your breach of any representation or warranty in these Terms.

This indemnification obligation does not apply to consumer customers to the extent prohibited by applicable consumer-protection law.

11.1 Termination by You

You may cancel your subscription at any time as described in our Cancellation & Refund Policy. Upon cancellation, paid subscriptions remain active until the end of the current billing period, after which the account is downgraded or closed.

11.2 Suspension and Termination by Us

We may suspend or terminate your access to the Services, in whole or in part, immediately and without prior notice if: (a) you materially breach these Terms, the Acceptable Use Policy, or applicable law; (b) your account remains in non-payment after a reasonable cure period; (c) suspension is required by law or by a competent authority; or (d) continued provision of the Services poses a security, integrity, or legal risk. Where reasonable and lawful, we will use reasonable efforts to give prior notice and a chance to cure.

11.3 Effects of Termination

• Your right to access and use the Services ceases immediately upon termination.
• Account deletion follows a 30-day grace period: after you request deletion, the account is scheduled for irreversible removal 30 days later, during which you may cancel the request and/or export your Customer Content via the Data Export functionality. After this period, Customer Content may be deleted in accordance with our Privacy Policy and applicable legal-retention obligations.
• Provisions which by their nature should survive termination (including Sections on IP, Confidentiality, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and General Provisions) shall survive.

These Terms are governed by and construed in accordance with the laws of the Republic of Turkey, without regard to its conflict-of-laws provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For business customers, the İstanbul Anadolu Mahkemeleri ve İcra Daireleri (Istanbul Anadolu Courts and Enforcement Offices) shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

For consumer customers, mandatory rules of consumer-protection law of your country of habitual residence remain applicable, and disputes may be brought before the competent Consumer Arbitration Committee (Tüketici Hakem Heyeti) or Consumer Court (Tüketici Mahkemesi) as set out in our Cancellation & Refund Policy.

Before initiating formal proceedings, the parties shall attempt in good faith to resolve any dispute through informal consultation for a period of at least thirty (30) days. Business customers may pursue mediation under Law No. 6325 on Mediation in Civil Disputes where required by law or mutually agreed.

13.1 Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated at least thirty (30) days in advance by email or in-product notice and, where required by law, will be subject to your renewed consent. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.

13.2 Assignment

You may not assign these Terms or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. We may assign these Terms to an affiliate or to a successor in connection with a merger, acquisition, or sale of all or substantially all of our assets, upon notice to you.

13.3 Force Majeure

Neither party shall be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil disturbance, internet or telecommunications outages, governmental orders, embargoes, or third-party cloud-provider failures.

13.4 Severability, Waiver, and Entire Agreement

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. A failure or delay in enforcing any right shall not be a waiver of such right. These Terms, together with the Privacy Policy, the Cancellation & Refund Policy, any applicable DPA, and the order details for your subscription, constitute the entire agreement between the parties regarding the Services.

13.5 Language

These Terms are made available in English. A Turkish translation may be provided for convenience; in the event of any conflict between language versions and where permitted by applicable law, the English version prevails. Mandatory rules of Turkish law continue to apply where they grant consumers greater protection.

13.6 Changes in this version

In the version effective 25 September 2026, the Services are described without the words "AI-powered", Section 3.2 states that AI features are optional, and Section 7 includes a new clause on data location and AI processing.

For questions about these Terms of Service or to provide legal notice, please contact us at the addresses below. Legal notices must be sent to [email protected] and, for material matters, a copy by registered mail to the registered address listed in Section 1.1.

These Terms of Service are effective as of 25 September 2026.