Terms & Conditions

1. Acknowledgment and Acceptance

By accessing and using APM Ninja ("the Service", "our Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). These Terms govern your use of our uptime monitoring and status page services. If you do not agree to these Terms, please do not use our Service.

2. Eligibility

You must be at least 18 years old to use this Service. By using our Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement. You may not use our Service if you have been previously suspended or removed from our Service.

3. Description of Service

APM Ninja provides uptime monitoring, status page hosting, and incident management services for websites, applications, and online services. Our Service includes monitoring your endpoints, generating status pages for your customers, sending alerts during incidents, and providing analytics about your service performance.

4. User Accounts and Responsibilities

To use certain features of our Service, you must create an account with accurate and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security.

5. Subscriptions and Billing

Paid subscriptions are billed in advance on a recurring basis (monthly or annually). Your subscription will automatically renew unless you cancel before the renewal date. You must provide a valid payment method for paid subscriptions. All subscription fees are non-refundable except as required by applicable law.

6. Service Level Agreement

We target 99.9% service availability for our monitoring infrastructure. If we fail to meet this target, eligible customers may receive service credits: 5% monthly credit for availability between 99.0%-99.9%, 10% monthly credit for availability between 95.0%-99.0%, and 20% monthly credit for availability below 95.0%. Credits are calculated based on your monthly subscription fee and applied to your next billing cycle.

7. Prohibited Uses

You may not use our Service for any unlawful purpose or in any way that could damage, disable, overburden, or impair our servers or networks. Prohibited activities include: transmitting viruses or malicious code, attempting unauthorized access, violating any laws or regulations, using the Service for emergency or safety-critical alerts, or interfering with other users' use of the Service.

8. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy, which governs how we collect, use, and protect your information. By using our Service, you consent to the collection and use of your information as described in our Privacy Policy.

9. Intellectual Property

The Service and its original content, features, and functionality are owned by APM Ninja and are protected by international copyright, trademark, and other intellectual property laws. You retain ownership of your data and content uploaded to the Service.

10. Disclaimer of Warranties

Our Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or completely secure.

11. Limitation of Liability

IN NO EVENT SHALL APM Ninja BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE. Our total liability to you shall not exceed the amount paid by you for the Service in the twelve months preceding any claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless APM Ninja and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising out of your use of the Service, violation of these Terms, or infringement of any rights of another party.

13. Termination

We may suspend or terminate your access to the Service at our sole discretion, with or without notice, for any reason, including if you violate these Terms. Upon termination, your right to use the Service will cease immediately, and we may delete your account and data.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice for material changes by posting the updated Terms on our website or sending you an email notification. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Brazil, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Service should first be addressed through informal negotiation. If informal resolution is unsuccessful, disputes will be resolved through binding arbitration.

16. Contact Information

If you have any questions about these Terms & Conditions, please reach out to us through:

• Support channels available on our website
• Email us directly at apmninja@gmail.com

We will respond to your inquiries in a timely manner.