Terms of Service

1. Agreement to Terms

By accessing or using UptimeCall ("Service," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and UptimeCall (operated by Priyansh Khodiyar, SHREE SHYAMJEE GARMENTS, Purunabasti Road, Basti Road, Vedanta Jharsuguda, Jharsuguda, Odisha - 768202, India, GSTIN: 21IMJPK3476F1ZZ).

2. Description of Service

UptimeCall is an uptime monitoring service that monitors your websites, APIs, and online services and alerts you via phone calls and SMS when downtime is detected.

Our Service includes:

• HTTP/HTTPS endpoint monitoring
• TCP port monitoring
• DNS resolution monitoring
• SSL certificate expiration monitoring
• Phone call alerts for incidents
• SMS notifications
• Incident management and acknowledgment
• Analytics and uptime reporting
• WhatsApp notifications (coming soon for paid plans)

3. Account Registration

3.1 Eligibility

You must be at least 18 years old to use this Service. By registering, you represent that you meet this requirement.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Providing accurate and complete information during registration
• Keeping your contact information (email, phone numbers) up to date

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason at our sole discretion.

4. Subscription Plans and Pricing

4.1 Free Plan

• Cost: $0/month (Free forever)
• Monitors: 1 monitor
• Check Interval: 5-minute intervals
• Phone Calls: 1 call per incident (no retries)
• SMS: 1 SMS per incident
• Emails: 100 emails per month
• Features: Email notifications, basic analytics, community support

4.2 Starter Plan

• Cost: $9/month (billed monthly)
• Monitors: 5 monitors
• Check Interval: 3-minute intervals
• Phone Calls: 2 calls per incident (initial + 1 retry)
• SMS: 2 SMS per incident
• Emails: 500 emails per month
• Features: Auto-retry (5 minutes), basic quiet hours, maintenance windows, email support

4.3 Pro Plan

• Cost: $19/month (billed monthly)
• Monitors: 20 monitors
• Check Interval: 1-minute intervals
• Phone Calls: 3 calls per incident (initial + 2 retries)
• SMS: Unlimited SMS
• Emails: Unlimited emails
• Escalation: 1 backup contact (partner/team member)
• Features: Custom retry intervals, advanced quiet hours, maintenance scheduling, status pages, webhooks, priority support (24h response)

4.4 Enterprise Plan

• Cost: $79/month (billed monthly)
• Monitors: Unlimited monitors
• Check Interval: 30-second intervals
• Phone Calls: Unlimited calls per incident
• SMS: Unlimited SMS
• Emails: Unlimited emails
• Escalation: Up to 10 team contacts
• Features: On-call schedules, white-label status pages, SSO/SAML integration, dedicated support (2h response), SLA guarantees, API access

4.5 Payment Processing

4.6 Billing Terms

• Billing Cycle: Paid plans are billed monthly in advance on the date you subscribed
• Currency: All fees are in USD for international payments, INR for India payments via Razorpay
• Auto-Renewal: Subscriptions automatically renew unless cancelled before the renewal date
• Payment Methods: Credit card, debit card, UPI (India), Net Banking (India), ACH (USA)
• Failed Payments: Service suspension after 3 days of payment failure, account deletion after 30 days
• Price Changes: We will provide 30 days' advance notice for any price increases
• Taxes: Prices exclude applicable taxes (GST, VAT, sales tax). Taxes calculated at checkout.
• Security: We do NOT store credit card details. All payment data is encrypted and tokenized.

4.7 Refunds and Cancellation

• 30-Day Money-Back Guarantee: Full refund if you cancel within 30 days of first purchase
• Cancellation: Cancel anytime via dashboard. Service continues until end of billing period
• No Pro-Rating: No partial refunds for unused time after the 30-day guarantee period
• Refund Process: Refunds processed within 5-7 business days to original payment method
• See Refund Policy: Detailed refund terms available at /refund

4.6 Usage-Based Charges

Fair Use Policy: While Pro plan includes "Unlimited" phone calls, we reserve the right to throttle or suspend accounts exhibiting abusive usage patterns (e.g., >1000 calls/month for a single monitor). We will contact you before taking action if we detect unusual usage.

5. Acceptable Use Policy

5.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms.

5.2 Prohibited Activities

You agree NOT to:

• Monitor endpoints you do not own or have explicit permission to monitor
• Use the Service to conduct security testing or penetration testing without authorization
• Attempt to bypass or circumvent any rate limits or usage restrictions
• Use the Service to send unsolicited communications or spam
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated scripts or bots to abuse the Service
• Attempt to gain unauthorized access to our systems or other users' accounts
• Transmit viruses, malware, or any malicious code
• Violate any applicable laws or regulations
• Resell or redistribute the Service without our written permission

6. Service Level and Uptime

6.1 Service Availability

We strive to provide reliable service but do not guarantee 100% uptime. The Service is provided "as is" and "as available."

6.2 Monitoring Intervals

Monitor check intervals are approximate and may vary based on system load, network conditions, and other factors.

6.3 Alert Delivery

While we make best efforts to deliver alerts promptly, we cannot guarantee delivery times for phone calls or SMS messages. Delays may occur due to carrier networks, phone availability, or other factors beyond our control.

6.4 Maintenance

We may perform scheduled or emergency maintenance that temporarily interrupts the Service. We will provide advance notice when possible.

7. Data and Privacy

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of data as described in the Privacy Policy.

Key points:

• We do not sell your personal information
• We use your phone number only for service alerts and notifications
• Monitor data is stored securely and used only to provide the Service
• You retain ownership of your data

8. Intellectual Property

8.1 Our Rights

The Service, including all content, features, functionality, software, and design, is owned by UptimeCall and protected by copyright, trademark, and other intellectual property laws.

8.2 License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose in accordance with these Terms.

8.3 Your Data

You retain all rights to the data you input into the Service (monitor configurations, endpoints, etc.). You grant us a license to use this data solely to provide the Service.

9. Limitation of Liability

9.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPTIMECALL 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.

Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

9.3 Critical Systems

WARNING: Do not rely solely on UptimeCall for monitoring critical, life-threatening, or mission-critical systems. The Service is not designed or intended for use in hazardous environments requiring fail-safe performance.

10. Indemnification

You agree to indemnify, defend, and hold harmless UptimeCall, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your monitoring of endpoints without proper authorization

11. Third-Party Services

The Service integrates with third-party providers (Twilio, Telnyx, 46elks, Supabase, Vercel, Stripe, Razorpay, etc.). We are not responsible for:

• Availability or performance of third-party services
• Third-party terms of service or privacy policies
• Carrier SMS/call delivery delays or failures
• Third-party pricing changes or service interruptions
• Payment processing delays, disputes, or chargebacks

11A. Voice & SMS Compliance (Telecom Services)

11A.1 Voice Provider Compliance

We use the following voice/SMS providers, all compliant with telecom regulations:

• Twilio (USA): TCPA compliant, CTIA Messaging Principles, GDPR, SOC 2 Type II
• Telnyx (USA): TCPA compliant, STIR/SHAKEN certified, SOC 2, HIPAA-eligible infrastructure
• 46elks (Sweden): GDPR compliant, Swedish PTS (Post- och telestyrelsen) regulations

11A.2 TCPA Compliance (USA Users)

For users in the United States:

• We comply with the Telephone Consumer Protection Act (TCPA)
• Calls are for "emergency purposes" under TCPA exemptions (service incident alerts)
• You provide express written consent by entering your phone number and clicking "Save"
• You can revoke consent anytime by removing your phone number from account settings
• We do NOT call numbers on the National Do Not Call Registry for marketing

11A.3 Your Telecom Rights

• Opt-Out: Remove phone number anytime via account settings
• Quiet Hours: Configure times when phone calls are suppressed (SMS sent instead)
• Pause Alerts: Temporarily pause monitoring without deleting monitors
• Carrier Charges: Standard message/data rates may apply from your mobile carrier
• International Support: We support international phone numbers (E.164 format)
• Help: Reply "HELP" to any SMS for support, or email hello@uptimecall.com
• Stop: Reply "STOP" to any SMS to remove your number (will disable phone alerts)

11A.4 Call Recording & Monitoring

• Incident alert calls are pre-recorded messages (not live operators)
• We log call metadata (timestamp, duration, status) for billing and debugging
• We do NOT record inbound calls (when you acknowledge incidents)
• DTMF tones (button presses during IVR) are logged for incident management

11A.5 Call/SMS Delivery Disclaimer

No Guarantee of Delivery: While we make best efforts to deliver phone calls and SMS messages promptly, we cannot guarantee delivery due to factors beyond our control including: carrier networks, phone availability, international restrictions, spam filters, do-not-disturb mode, airplane mode, and device settings. Always configure multiple alert contacts for critical services.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective:

• Immediately upon posting for non-material changes
• 30 days after notice for material changes (via email and in-app notification)

Continued use of the Service after changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must discontinue use of the Service.

13. Termination

13.1 By You

You may terminate your account at any time through your account settings or by contacting support.

13.2 By Us

We may suspend or terminate your account immediately if:

• You violate these Terms
• Your account is used for fraudulent or illegal activity
• Payment fails for a paid subscription
• We discontinue the Service

13.3 Effect of Termination

Upon termination:

• Your right to access the Service immediately ceases
• We may delete your data after 30 days (except as required by law)
• You remain liable for any outstanding fees
• Provisions that should survive termination remain in effect (liability limitations, indemnification)

14. Dispute Resolution

14.1 Informal Resolution

Before filing any legal claim, you agree to contact us at hello@uptimecall.com to attempt to resolve the dispute informally.

14.2 Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles.

14.3 Arbitration

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 of India, rather than in court, except where prohibited by law. The seat of arbitration shall be Jharsuguda, Odisha, India.

14.4 Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive your right to participate in class actions or class-wide arbitration.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and UptimeCall regarding the Service.

15.2 Severability

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

15.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

15.4 Assignment

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

15.5 Force Majeure

We are not liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, acts of war, terrorism, labor disputes, or internet/telecommunications failures.

16. Contact Information

For questions about these Terms, contact us:

• Email: legal@uptimecall.com
• Support: hello@uptimecall.com
• Address: SHREE SHYAMJEE GARMENTS, Purunabasti Road, Basti Road, Vedanta Jharsuguda, Jharsuguda, Odisha - 768202, India