These Terms of Use (“Terms”) form a binding agreement between you (“you”) and Axiolo LLC (“Axiolo,” “we,” “us,” or “our”) and govern your access to and use of OctoPing, our website and uptime monitoring service (the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Eligibility and Accounts
You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Service. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.
You are responsible for the security of your account credentials, including any Google account you use to sign in, and for all activity that occurs under your account. Notify us promptly at info@axiolo.com of any suspected unauthorized access.
2. The Service
The Service lets you monitor websites and related infrastructure: availability, response times, SSL certificates, DNS records, and content changes, with notifications across the channels you configure. The Service's exact features, limits, and availability may change from time to time.
3. Your Responsibilities
You agree that:
- You will only monitor websites and endpoints that you own or have explicit authorization to monitor.
- You will not use the Service to conduct denial-of-service attacks, brute-force attempts, vulnerability scanning, or any other activity intended to disrupt, degrade, or gain unauthorized access to any system.
- You will not use the Service in violation of any applicable law, regulation, or third-party rights.
- You will not attempt to reverse engineer, decompile, or otherwise derive the source code of the Service, except to the extent expressly permitted by law.
- You will not resell, sublicense, or provide the Service to third parties except through workspace memberships you have created for them.
- You will not upload or transmit malware, viruses, or other harmful code through the Service.
4. Your Content
You retain ownership of the configurations, content, and data you submit to the Service (“Your Content”). You grant Axiolo a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, and process Your Content solely as necessary to operate, secure, and improve the Service for you and your workspace members.
You are solely responsible for the legality and appropriateness of Your Content and for ensuring you have the necessary rights to submit it.
5. Fees and Plans
The Service is offered on paid plans, described on our pricing page. New workspaces begin with a free trial; when the trial ends, monitoring pauses until a paid plan is started. If you subscribe to a paid plan, you authorize us (or our payment processor) to charge the applicable fees on a recurring basis until you cancel. You may cancel at any time, and cancellation takes effect at the end of the billing period you have already paid for.
We refund your first payment in full if you request it within 30 days of that charge. Where that first payment was for an annual plan, the refund is pro rata for the unused remainder of the term. Subsequent charges, including renewals, upgrades and add-ons, are non-refundable except where required by law. To request a refund, email info@axiolo.com. We may change pricing on prospective renewal cycles with reasonable notice.
6. Privacy
Our handling of personal information is described in the Privacy Policy, which is incorporated into these Terms by reference.
7. Third-Party Services and Google Sign-In
The Service integrates with third-party platforms (for example, Google Sign-In, Slack, Discord, and webhook destinations you configure). Your use of those platforms is governed by their own terms and privacy policies, and Axiolo is not responsible for their availability, content, or practices. By signing in with Google, you also agree to Google's applicable terms of service.
8. Intellectual Property
The Service, including its software, design, trademarks, logos, and documentation, is owned by Axiolo and its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.
9. Suspension and Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms, if your use creates a security or legal risk, or if continuing to provide the Service to you is no longer commercially reasonable. Upon termination, Sections 4, 8, 10, 11, 12, and 13 survive.
10. Disclaimers
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, AXIOLO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR DETECT EVERY INCIDENT OR CHANGE ON THE WEBSITES YOU MONITOR.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, AXIOLO AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AXIOLO'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO AXIOLO FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
12. Indemnification
You agree to defend, indemnify, and hold harmless Axiolo and its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Service, (b) Your Content, or (c) your violation of these Terms or any law or third-party right.
13. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Delaware, and you and Axiolo consent to the personal jurisdiction of those courts.
14. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will update the “Effective date” above and provide additional notice where appropriate. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
15. Miscellaneous
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Axiolo regarding the Service. If any provision is held unenforceable, the remaining provisions remain in full force. Our failure to enforce any right or provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them as part of a merger, acquisition, or sale of assets.
16. Contact
Axiolo LLCEmail: info@axiolo.com
