These Terms of Service ("Terms") govern access to and use of the newuptime distributed monitoring platform and all related services. Please read this document carefully before registering or using the service. Accessing or using the service constitutes full and unconditional acceptance of these Terms. If you do not accept these Terms, you are not authorized to use the service.
1. Service Provider
The service is provided by:
newuptime
VAT no. IT03738170780
Certified email (PEC): secmail@pec.it
Email: info@newuptime.com
Hereinafter referred to as "we", "us", or "newuptime".
2. Definitions
For the purposes of these Terms:
- Service: the newuptime distributed monitoring SaaS platform, accessible at dashboard.newuptime.com, including the web dashboard, REST API, notification system, and distributed probe network.
- User: any natural or legal person who accesses the Service after creating an account.
- Account: the set of credentials and configurations associated with a single User.
- Monitor: the configuration of a single endpoint (URL, hostname, IP, port, DNS record, etc.) subject to periodic verification by the platform.
- Probe: a server node forming part of the newuptime distributed network, responsible for executing monitoring checks from a specific geographic region.
- Subscription plan: the service tier chosen by the User, which determines usage limits and available features.
- User content: any data, configuration, or information entered by the User into the platform.
3. Description of Service
We provide a distributed service for monitoring the availability and performance of web and network endpoints. The service periodically checks endpoints configured by the User from multiple geographically distributed probe nodes, applies a consensus algorithm to reduce false positives, and sends notifications when anomalies are detected by a majority of probes.
The service includes, depending on your plan:
- HTTP/HTTPS, Keyword, JSON Query, Ping (ICMP), TCP Port, and DNS monitoring.
- Web dashboard for real-time visibility of endpoint status.
- REST API for integration with external systems and automation.
- Notification system via email, webhook, Slack, Telegram, and other configurable channels.
- Event history and uptime statistics.
- Configurable public status pages.
4. Account Registration
4.1 Requirements
To use the Service you must create an account with accurate, complete, and current information. You must be at least 18 years old. Legal entities must register through a legal representative or a person authorized by one.
4.2 Credential security
You are responsible for maintaining the confidentiality of your login credentials and for all activity conducted through your account. You must immediately notify us of any unauthorized access or suspected security breach by emailing info@newuptime.com. We are not liable for damages resulting from failure to comply with this obligation.
4.3 Multiple accounts
Creating more than one free account for the same natural or legal person is not permitted. Creating multiple accounts to circumvent Free plan limits or obtain advantages not provided for in these Terms constitutes a violation and may result in immediate suspension of all accounts involved.
4.4 Accuracy of information
You agree to keep your account information current. Billing details in particular must be accurate. We reserve the right to suspend accounts with false, incomplete, or outdated information.
5. Subscription Plans and Payments
5.1 Plan structure
The Service is available on several subscription plans described on the Pricing page. Plans differ in number of monitors, check frequency, history retention, and available features.
5.2 Free plan
The Free plan is provided at no cost and with no expiry, within the limits shown on the Pricing page. We reserve the right to modify Free plan limits with 30 days' notice.
5.3 Paid plans and billing cycle
Paid plans are billed in advance on a monthly or annual basis, as chosen at activation. All prices are in Euro (EUR) and are inclusive of applicable VAT unless otherwise stated. Payment is processed securely by Stripe. We accept Visa, Mastercard, American Express, and PayPal. Charges are made automatically on the renewal date of your billing cycle.
5.4 Plan changes
You can upgrade or downgrade your plan at any time from the dashboard. On upgrade, the price difference for the remaining period is charged immediately on a prorated basis. On downgrade, the remaining credit is applied to the next billing cycle.
5.5 Refund policy
Annual plan subscribers are entitled to a prorated refund for unused months if requested within 30 days of purchase. After 30 days, no refunds are issued. Monthly plans are non-refundable except where required by law. Refund requests must be sent to info@newuptime.com.
5.6 Failed payment
In the event of a failed payment, we will send a notice to your registered email address. If payment is not resolved within 7 days of the notice, the plan will automatically be downgraded to the Free plan. Data configured beyond Free plan limits will be suspended but not deleted for a further 14 days, after which it may be permanently removed.
5.7 Price changes
We reserve the right to change prices with at least 30 days' notice by email. Changes do not apply to billing cycles already in progress but will take effect on the next renewal. If you do not wish to accept the new pricing, you may cancel your subscription before the renewal date.
6. Acceptable Use
6.1 Your obligations
You agree to use the Service in compliance with applicable law, these Terms, and responsible use practices. In particular, you must:
- Monitor only endpoints you own or for which you have explicit written authorization from the legitimate owner.
- Not configure checks at a frequency that would constitute a disproportionate load on monitored servers (guideline: no more than one check per 30 seconds per endpoint, unless otherwise agreed).
- Keep your account information current.
- Not share your login credentials with unauthorized parties.
6.2 Prohibited uses
The following are expressly prohibited:
- Monitoring endpoints without the owner's authorization, including any third-party endpoint you do not own.
- Using the Service to conduct reconnaissance or penetration testing on third-party systems without explicit written authorization.
- Performing operations that could constitute a denial-of-service attack (DoS or DDoS) against any system.
- Reselling access to the Service to third parties without our prior written authorization.
- Attempting to gain unauthorized access to our infrastructure or other users' accounts.
- Using the Service for illegal purposes or in violation of public order.
- Uploading or transmitting malicious code, viruses, or any harmful software.
- Systematically extracting data from the platform through automated scraping.
We reserve the right to immediately suspend or terminate accounts that violate these provisions, without refund and without notice.
7. Service Availability and SLA
7.1 Uptime commitment
We commit to 99.9% platform availability per calendar month for paid plan users ("uptime target"). Uptime is calculated from internal monitoring logs, excluding scheduled maintenance windows.
7.2 Scheduled maintenance
We may perform scheduled maintenance that results in temporary service unavailability. Scheduled maintenance is communicated with at least 48 hours' notice by email or via the platform status page, except in cases of emergency maintenance required by critical security or stability issues.
7.3 Service credits
If the uptime target is not met, paid plan users are entitled to receive credits applied to the next billing cycle, as follows:
- Monthly uptime between 99.0% and 99.9%: credit equal to 10% of the monthly fee.
- Monthly uptime between 95.0% and 98.9%: credit equal to 25% of the monthly fee.
- Monthly uptime below 95.0%: credit equal to 50% of the monthly fee.
Credits must be requested within 30 days of the relevant event by emailing info@newuptime.com with a description of the outage and its times. Service credits are the sole remedy for service interruptions and do not replace other rights provided by law.
8. Intellectual Property
8.1 Our rights
The newuptime platform, software, design, logos, brand, documentation, and all other content made available by us are our exclusive property or that of our licensors, protected by applicable intellectual property law. Nothing in these Terms transfers any ownership rights in the platform or its components to you.
8.2 License to use
We grant you a personal, non-exclusive, non-transferable, revocable license to use the Service within the limits and for the purposes set out in these Terms and your subscription plan.
8.3 User content
You retain full ownership of the data and configurations you enter into the platform ("User content"). We claim no ownership over User content and agree to process it solely for the purposes necessary to provide the Service.
9. Confidentiality of Monitoring Data
We treat the information about endpoints you monitor, check results, and any technical data relating to your infrastructure with the strictest confidentiality. Such information is not shared with third parties except as strictly necessary to provide the Service (for example, transmitting monitoring configurations to probe nodes) or to comply with legal obligations.
10. Limitation of Liability
10.1 Nature of the service
newuptime is a monitoring tool. The Service is designed to detect anomalies and notify you, but does not guarantee timely detection of every downtime event or the complete absence of false positives or false negatives. Evaluating and responding to alerts remains your sole responsibility.
10.2 Exclusions
To the maximum extent permitted by applicable law, we are not liable for:
- Lost profits, lost revenue, indirect, incidental, or consequential damages arising from use of or inability to use the Service.
- Service interruptions caused by force majeure, Internet infrastructure failures, cyberattacks, or other events outside our reasonable control.
- Damages caused by use of the Service in violation of these Terms.
- Failure to receive notifications due to issues with email delivery, webhooks, or other third-party notification channels.
10.3 Liability cap
Except in cases of willful misconduct or gross negligence, and to the extent permitted by applicable law, our total liability to you for any cause shall not exceed the total subscription fees paid by you in the 12 months preceding the event giving rise to the claim.
11. Term, Termination, and Suspension
11.1 Term
The agreement between us and you is established at account registration and continues for an indefinite period unless terminated by either party.
11.2 Termination by you
You may delete your account at any time from the dashboard under Settings. Deletion takes immediate effect for free plans. For paid plans, the Service remains active until the end of the already-paid billing cycle, subject to the refund policy.
11.3 Termination by us
We reserve the right to terminate your account with 30 days' notice by email in the event of discontinuation of the Service or for legitimate business reasons. In the event of a material breach of these Terms, we may immediately suspend or terminate your account without notice.
11.4 Effect of termination
Upon account termination, for any reason, all your data will be made inaccessible immediately and permanently deleted within 30 days, unless otherwise required by law.
12. Changes to These Terms
We reserve the right to modify these Terms at any time. Changes will be communicated to users with at least 30 days' notice by email. By continuing to use the Service after the effective date of the changes, you accept the new Terms. If you do not wish to accept the changes, you have the right to cancel your subscription without penalty before the effective date.
13. Governing Law and Jurisdiction
These Terms are governed by Italian law. For any dispute relating to the interpretation, performance, or termination of these Terms, the parties agree to the exclusive jurisdiction of the Court of Cosenza, Italy, except where mandatory consumer protection law requires otherwise.
For Users who qualify as consumers under applicable consumer protection law, the right to bring proceedings before the courts of your place of residence or domicile is preserved, as is the right to use alternative dispute resolution (ADR/ODR) procedures available through the European Commission's ODR platform.
14. General Provisions
If any provision of these Terms is found to be void or unenforceable, this shall not affect the validity of the remaining provisions, which remain in full force. Our failure or delay in enforcing any provision of these Terms does not constitute a waiver of our rights. These Terms constitute the entire agreement between the parties regarding use of the Service and supersede all prior agreements, representations, or understandings, whether written or oral.
15. Contact Us
For any questions regarding these Terms:
- Email: info@newuptime.com
- Certified email (PEC): secmail@pec.it