THESE TERMS AND CONDITIONS ARE THE CONTRACT BETWEEN YOU AND MONIT24.PL SP. Z O.O. . PLEASE READ THEM CAREFULLY BEFORE SIGNING UP FOR OR USING THE CLOUDMONIT.COM SERVICE.
By using the service provided on the Cloudmonit.com website’s (“Service” or „Cloudmonit”), a service of Monit24.pl Sp. z o.o. (“Provider”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
You must use a valid email address for your Cloudmonit account.
You must not use the Service for any illegal or abusive purposes.
Only one free account per person or legal entity is allowed.
You are solely responsible for the security of your account and keeping your password safe.
You must provide Provider with accurate billing information and keep this information up to date. This applies to all paid accounts, and also for free accounts if you are using and paying for any extra services.
By subscribing to the Service you give Provider the right to charge your credit card, or bill you via other payment methods, for fees connected with the Service such as renewal fees or fees for extra services.
The Service is a subscription service. You pay in advance for each billing cycle on the first day of that cycle.
Your Cloudmonit account will be renewed automatically until you cancel the Service.
You are responsible for all charges incurred related to your Cloudmonit account, including any applicable taxes or extra service fees.
The first 14 days of a new, paid account are free of charge and act as a free trial period. Unless you cancel your paid account before the billing is processed on the 14th day after signup you will be billed for the first billing cycle (the one you chose when signing up).
You can at any time change between different billing cycles. The new billing cycle length takes effect after the expiration of the current cycle (i.e. at the next renewal date).
You can at any time upgrade to a different Cloudmonit account type inside the Cloudmonit self-care area. The change to your account type will take effect immediately and apply to all future invoices.
After an upgrade you will be billed right away for the remaining time until the next renewal (the amount will be reduced with what you have already paid).
Downgrade is not available.
You may at any time cancel your Cloudmonit account inside the Cloudmonit self-care area under condition that all past invoices have been paid. You can't cancel your account via email nor phone.
Any abuse of the Service will lead to termination of your account. Provider reserves the right to decide what is considered abuse of the Service.
The Cloudmonit API is provided “as is” and “as available”.
The API is subject to change and may be modified from time to time.
You must not use an excessive amount of API requests and querying. What is considered excessive is decided at the sole discretion of Provider.
Provider reserves the right to limit the amount of allowed requests to the API (throttling).
Provider reserves the right to block the use of the API entirely for specific accounts or IP addresses if they are deemed by Provider to be using the API in an excessive manner.
Provider reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on the Cloudmonit.com website and other communication with existing or potential Provider's customers. To decline Provider this right you need to email email@example.com stating that you do not wish to be used as a reference.
GDPR Data Administrator of provided services is Monit24.pl Sp. z o.o. based in Plac Wolnica 13/10, 31-060 Kraków, Poland.
GDPR contact and information is available using e-mail: firstname.lastname@example.org
Personal Data can be used and processed by Provider to fulfill the agreement of service providing, and can be used in particular for:sending notification and information of detected events (for example notification about detected failure of monitored system) and for direct contact regarding provided servicessending periodic reports about monitored services (SLA reports)other legal related cases required by current Polish and UE law.
Personal data that is a subject to processing:Name, surname, e-mail addresses, telephone numbers and other Instant Messengers addresses in order to sending notifications of detected events of monitored services and direct contact regarding provided services.TAX and company identification numbers in all legal cases required by Polish and UE law, including setting an agreement and create invoices.IP numbers in order to protect our network and IT systems
Persona data can be passed to designated Provider’s workers/employees and contractors that provides services for Provider, such as banking, accounting, managing, legal, IT.
Personal data are not a subject of processing, storing or passing outside the borders of European Union.
Personal Data is stored for a period required for agreement fulfillment, and legal / tax requirements for maximum 6 years after the agreement ends.
Our clients have rights to access content of their personal data, request for deletion of personal data, update their personal data, restrict personal data usage, move their personal data, and all other rights guaranteed by GDPR.
Submitting personal data is required for service providing. Refusing submit personal data implicates impossibility for service providing.
Personal Data is not being processed for profiling.
These Terms of Service may be updated from time to time without prior notice. The current Terms of Service are always available at https://cloudmonit.com/terms-of-service/ .
The Cloudmonit service is provided “as is” and “as available”.
Provider reserves the right to modify the Service from time to time at any time, including adding and removing features and package types.
Provider reserves the right to discontinue the Service at any time after a 60-day notice via email.
Provider reserves the right to change the prices for the Service and any related extra services at any time.
Provider gives no warranties regarding the correctness of the data collected with the Service or any potential corruption or loss of such data.
Provider will use its best efforts to make the Service available all of the time. Any Service discontinuity related to technical standard routines or unpredicted issues should not lower the Service level below 99,50% per month.
You expressly understand and agree that Provider shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible losses (even if Provider has been advised of the possibility of such damages), resulting from:
A). the use or the inability to use the Cloudmonit service;
B). the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Cloudmonit service;
C). unauthorized access to or alteration of your transmissions or data;
D). statements or conduct of any third party on the Cloudmonit service; E). any other matter relating to the Clodumonit service.
Any decisions or claims you make based on data from the Cloudmonit Service are your sole responsibility. Provider shall not be held liable for any such decisions or claims.
In no event shall Provider's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for using the Service.
You agree to immediately notify Provider of any unauthorized use of your account or any other breach of security known to you.
If any part of this Terms of Service would be determined by any competent authority to be invalid, unlawful or unenforceable, the remainder of the Terms of Service shall continue to be valid and enforceable to the fullest extent permitted by law.
This contract shall be governed by the substantive law of Poland.
Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be solved by the Common Court of Law in Poland.