Terms of Service

Effective Date: January 1, 2024

Last Updated: January 1, 2024

Welcome to Nodewarden. These Terms of Service ("Terms") govern your use of our monitoring and analytics platform and related services. By accessing or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing our website, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our services.

2. Description of Service

Nodewarden provides infrastructure monitoring, application performance monitoring, uptime monitoring, and analytics services. Our platform allows you to:

• Monitor server performance, applications, and websites
• Receive alerts and notifications about system events
• Analyze performance metrics and generate reports
• Integrate with third-party services and tools
• Access APIs for custom implementations

3. Account Registration and Security

3.1 Account Creation

To use our services, you must:

• Provide accurate and complete information
• Be at least 18 years old or have parental consent
• Have the authority to enter into this agreement
• Maintain one account per person or organization

3.2 Third-Party Authentication

You may register and sign in using third-party authentication services (Google, GitHub, Facebook, Apple). By doing so:

• You authorize us to access certain account information from these providers
• You remain subject to the terms and privacy policies of these providers
• You are responsible for maintaining the security of your third-party accounts
• We are not responsible for any issues arising from these third-party services

3.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of unauthorized access
• Using strong passwords and enabling two-factor authentication

4. Acceptable Use Policy

4.1 Permitted Uses

You may use our services for:

• Monitoring your own systems, applications, and websites
• Monitoring systems you have explicit permission to monitor
• Legitimate business and personal monitoring purposes
• Educational and research purposes

4.2 Prohibited Uses

You may not use our services to:

• Monitor systems without proper authorization
• Violate any laws, regulations, or third-party rights
• Transmit harmful, malicious, or disruptive content
• Attempt to gain unauthorized access to our systems
• Reverse engineer, modify, or create derivative works
• Use our services for competitive intelligence gathering
• Resell or redistribute our services without permission
• Generate excessive load that impacts service performance

4.3 Compliance

You agree to comply with:

• All applicable local, state, national, and international laws
• Industry standards and best practices
• Our published API limits and usage guidelines
• Third-party terms for integrated services

5. Service Availability and Support

5.1 Service Level

We strive to provide:

• 99.9% uptime for our core monitoring services
• Responsive customer support during business hours
• Regular updates and improvements to our platform
• Advance notice of planned maintenance

5.2 Limitations

Our services may be temporarily unavailable due to:

• Scheduled maintenance and updates
• Emergency security patches
• Third-party service outages
• Force majeure events

5.3 Support

Support is provided based on your subscription plan:

• Free Plans: Community support and documentation
• Paid Plans: Email support with response time SLAs
• Enterprise Plans: Priority support with dedicated account management

6. Subscription and Billing

6.1 Subscription Plans

We offer various subscription plans with different features and limits:

• Free Plan: Limited features for basic monitoring needs
• Solo Plan: Enhanced features for individual users
• Professional Plan: Advanced features for growing teams
• Business Plan: Enterprise features for larger organizations

6.2 Billing and Payment

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• You authorize us to charge your payment method for recurring subscriptions
• Price changes will be communicated 30 days in advance

6.3 Usage Limits

Each plan includes specific limits on:

• Number of monitored hosts and services
• Data retention periods
• API request volumes
• Alert frequency and destinations

Exceeding usage limits may result in service degradation, additional charges, or temporary suspension.

7. Data and Privacy

7.1 Your Data

You retain ownership of all data you provide to our services, including:

• Monitoring configurations and settings
• Performance metrics and logs
• Custom dashboards and reports
• Integration configurations

7.2 Data Usage

We may use your data to:

• Provide monitoring and analytics services
• Generate alerts and notifications
• Improve our platform and services
• Provide customer support

7.3 Data Protection

We implement appropriate security measures to protect your data:

• Encryption in transit and at rest
• Access controls and authentication
• Regular security audits and assessments
• Incident response procedures

8. Intellectual Property

8.1 Our Rights

Nodewarden retains all rights to:

• Our platform, software, and technology
• Trademarks, logos, and brand elements
• Documentation and educational materials
• Aggregated and anonymized usage data

8.2 Your Rights

You retain rights to:

• Your original content and data
• Custom configurations and dashboards
• Integration scripts and automation

8.3 License Grant

We grant you a limited, non-exclusive, non-transferable license to use our services during your subscription period, subject to these Terms.

9. Third-Party Integrations

9.1 Supported Integrations

Our platform integrates with various third-party services including:

• Cloud providers (AWS, Azure, Google Cloud)
• Communication tools (Slack, Microsoft Teams, Discord)
• Development tools (GitHub, GitLab, Jenkins)
• Authentication providers (Google, GitHub, Facebook, Apple)

9.2 Third-Party Terms

When using integrations, you agree to:

• Comply with third-party terms of service
• Maintain necessary permissions and access rights
• Accept responsibility for third-party service availability
• Understand that we are not responsible for third-party service issues

10. Termination

10.1 Termination by You

You may terminate your account at any time by:

• Canceling your subscription through your account settings
• Contacting our customer support
• Following account deletion procedures

10.2 Termination by Us

We may suspend or terminate your account if you:

• Violate these Terms or our policies
• Fail to pay subscription fees
• Engage in fraudulent or harmful activities
• Pose a security risk to our platform

10.3 Effect of Termination

Upon termination:

• Your access to services will cease immediately
• Your data will be retained for 30 days for recovery
• After 30 days, your data will be permanently deleted
• You may export your data before termination

11. Disclaimers and Limitation of Liability

11.1 Disclaimers

Our services are provided "as is" without warranties of any kind. We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.2 Limitation of Liability

To the maximum extent permitted by law, Nodewarden shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, even if we have been advised of the possibility of such damages.

Our total liability for any claims arising out of or relating to these Terms or our services shall not exceed the amount you paid us in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Nodewarden and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or relating to:

• Your use of our services
• Your violation of these Terms
• Your violation of any rights of another party
• Your data or content submitted through our services

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization]. The arbitration shall take place in [Your City, State].

13.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be limited to the dispute between you and Nodewarden individually. You waive any right to participate in class action lawsuits or class-wide arbitrations.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for specific services, constitute the entire agreement between you and Nodewarden.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

14.3 Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term.

14.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

14.5 Updates to Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Sending email notifications to registered users
• Displaying notices in our application

Your continued use of our services after the effective date constitutes acceptance of the updated Terms.

15. Contact Information

If you have questions about these Terms, please contact us:

These Terms of Service were last updated on January 1, 2024. We encourage you to review these Terms periodically for any updates.