Monitor Pro Terms of Use

1. Introduction

These Terms of Use govern your access to and use of the Monitor Pro platform, which includes the mobile application, its related website, and any other services (the "App" or "Platform") provided by Cloud612 Pty Ltd ACN 633 054 421 ("Cloud612", "Monitor Pro", "we", "us", "our"). By utilizing the platform, you ("User", "you") agree to these Terms of Use and our Privacy Policy.

Cloud612, a company based in Melbourne, Australia, offers Monitor Pro for users across multiple regions.

By downloading, accessing, or using Monitor Pro, your continued use implies acceptance of these Terms of Use and our Privacy Policy, available at monitorpro.cloud612.com.au/privacy. If you do not agree with these terms, please refrain from using the platform.

2. Description of the App

Monitor Pro enables users to oversee the uptime of websites they manage and sends alerts if any go offline. To utilize Monitor Pro effectively:

1. You must be legally authorised to monitor the websites you list.
2. You shall not overload websites with uptime requests.
3. Monitor Pro should be used in conjunction with other monitoring systems, as relying solely on our alerts is not advisable. The platform should be used as part of a broader monitoring solution to ensure the uptime of websites.

While we strive for accuracy and timeliness, Cloud612 does not guarantee uninterrupted service or that alerts will always be sent or received. All technology has its limits, and Cloud612 holds no liability for missed or delayed alerts or any resultant damage or loss. Regularly reviewing your site status, platform subscription, and testing alert systems is highly recommended.

3. Modifications to the Agreement

1. Cloud612 can modify this agreement without notifying the User if the change is not harmful to the User or if mandated by law.
2. Should changes negatively impact the User, like fee increases, Cloud612 will notify the User (typically via email or push notification), allowing a chance to cancel before these changes take effect.
3. Continued use or payment for services after any modification indicates the User's acceptance of the amended terms.
4. Users should periodically check the agreement's date at the top to note any updates.

4. Billing and Cancellation

Subscription to Monitor Pro can be made via in-app purchases through the Apple App Store or Google Play Store, or using other supported services. Subscription fees are non-refundable, though you can cancel your subscription at any time, this will only end your access after the ongoing billing period.

5. Fair Use of the Services

1. Cloud612 may limit, restrict, or discontinue the Services if the User's usage is deemed by Cloud612 to be excessive, unreasonable, or fraudulent.
2. Websites that have been failing their uptime check for an extended period of time may have their monitoring disabled, this is to reduce spam notifications.
3. Subscriptions typically come with a cap on the number of websites eligible for monitoring. Any websites exceeding this cap will not be monitored.

6. Privacy

Our Privacy Policy explains how we collect, use, and disclose your personal information. You agree to be bound by the Privacy Policy by using the App. Review the Privacy Policy at monitorpro.cloud612.com.au/privacy.

7. Intellectual Property

The App and all content and materials remain our property. You may not copy, reproduce, resell, distribute, modify, make derivative works, reverse engineer, or otherwise use the App except as expressly authorized in these Terms of Use.

8. Dependence on Third-Party Providers

The User understands that the Platform's operation leans on third-party software and hardware, including but not limited to entities like Apple and Google. Should these third parties update their systems causing the Services or Platform to change in function, Cloud612 is not liable, to the fullest extent allowed by law, for any subsequent loss or damage the User may experience.

9. Disclaimers

The app is provided on an "as is" and "as available" basis. We disclaim all warranties, express and implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of Liability

Our maximum aggregate liability for all claims is limited to the equivalent of six months of your paid subscription fee. We are not liable for indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, or data.

11. Indemnification

You agree to defend, indemnify, and hold harmless Cloud612 and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your use of the Monitor Pro platform.

12. Force Majeure

Cloud612 will not be liable for performance delays nor for non-performance due to causes beyond Cloud612's reasonable control, including any delay due directly or indirectly to COVID-19 (Force Majeure).

13. Governing Law and Jurisdiction

These Terms of Use are governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts located in Victoria, Australia for any dispute arising out of or relating to these Terms of Use or the App.