This Liability & Warranty Disclaimer (“Disclaimer”) forms part of, and is incorporated into, the Terms of Service between you and [COMPANY LEGAL NAME] (“we,” “us,” or “DeadWatch”) for the DeadWatch monitoring service, the Kestrel module, and related applications (the “Service”). Capitalized terms have the meanings given in the Terms of Service.
On this page
1. “As is” and “as available”
The Service is provided on an “as is” and “as available” basis, with all faults and without warranties of any kind. We do not warrant that the Service will be uninterrupted, timely, secure, error-free, or free of harmful components, that check results will be accurate, complete, or delivered without delay, or that defects will be corrected. You use the Service at your own risk.
2. Monitoring is a tool, not a guarantee
This is important for a monitoring product. DeadWatch is an automated aid that runs the checks you configure and reports what it observes. It is not a guarantee that your websites are up, secure, performant, correctly configured, or free of defects.
- Checks can miss, delay, misclassify, or fail to detect outages, degradations, certificate or DNS problems, security issues, visual changes, content drift, or other conditions.
- Notifications and alerts can be delayed, throttled, undelivered, or lost due to factors inside or outside our control — including third-party channels (email, Slack, Discord, webhooks), network conditions, provider outages, your own configuration, and rate limits.
- Results depend on your configuration, your targets’ behavior, and third-party infrastructure, and may produce false positives or false negatives.
To the maximum extent permitted by law, we are not liable for any downtime, outage, breach, data loss, degraded performance, or other loss that the Service fails to detect, detects late, or fails to notify you about, or that arises from your reliance on the Service. You are responsible for maintaining your own operational safeguards, backups, and incident-response processes, and should not rely on the Service as your sole means of detecting problems.
3. Disclaimer of warranties
To the fullest extent permitted by applicable law, we and our licensors and suppliers disclaim all warranties, whether express, implied, statutory, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade. No advice or information, whether oral or written, obtained from us or through the Service creates any warranty not expressly stated here.
4. Third-party services
The Service relies on and integrates with third-party services and infrastructure — including hosting, payment processing, email delivery, and notification endpoints such as Slack, Discord, and your own webhook receivers. We do not control and are not responsible for third-party services, their availability, accuracy, security, or acts and omissions, and we disclaim all liability arising from them. Your use of third-party services is governed by their own terms.
5. Limitation of liability
To the maximum extent permitted by applicable law, in no event will [COMPANY LEGAL NAME], its affiliates, officers, employees, agents, licensors, or suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business, data, or use, arising out of or related to the Service or these terms, whether based in contract, tort (including negligence), strict liability, or any other theory, and even if we have been advised of the possibility of such damages, and regardless of whether a limited remedy fails of its essential purpose.
6. Cap on total liability
To the maximum extent permitted by applicable law, our total aggregate liability for all claims arising out of or related to the Service or these terms will not exceed the greater of (a) the total amounts you paid to us for the Service in the [NUMBER] months immediately preceding the event giving rise to the claim, or (b) [FLOOR AMOUNT, e.g., US$100]. This cap is cumulative and not per-incident; multiple claims do not enlarge it. The amount, measurement period, and floor should be set by counsel to fit your pricing and risk tolerance.
7. Indemnification
You agree to defend, indemnify, and hold harmless [COMPANY LEGAL NAME] and its affiliates, officers, directors, employees, and agents from and against any claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your use of the Service, including any use in violation of the Terms of Service, this Disclaimer, or applicable law;
- The websites, domains, systems, and endpoints you monitor — including any claim that you were not authorized to monitor, scan, screenshot, or probe a target, or that your monitoring caused load, disruption, or other harm to a target or third party;
- The content and data you submit or that the Service collects on your behalf (“Customer Data”), including any claim that it infringes rights or violates law;
- Your end users, clients, and team members, and the access you grant them; and
- Your outreach activity conducted through the Kestrel module, including compliance with anti-spam, marketing, and communications laws.
We may, at our option, assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate. You will not settle any matter in a way that imposes obligations on us without our prior written consent.
8. Jurisdictional exceptions
Nothing in these terms excludes or limits liability that cannot be excluded or limited under applicable law — for example, liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that applicable law does not permit to be limited. Where a limitation is unenforceable, it will apply to the maximum extent permitted, and the remaining provisions stay in effect. Consumer-protection statutes and mandatory local law may override these terms and must be reviewed for your jurisdiction: [JURISDICTION-SPECIFIC CARVE-OUTS].
9. Allocation of risk
You acknowledge that the warranty disclaimers and limitations of liability in these terms reflect a reasonable and agreed allocation of risk, that they are an essential basis of the bargain between you and us, and that the Service’s pricing reflects this allocation. These terms will apply to the fullest extent permitted by law even if any limited remedy fails of its essential purpose.
10. Contact
Questions about this Disclaimer:
[COMPANY LEGAL NAME]
[COMPANY ADDRESS]
[CONTACT EMAIL]
See also our Privacy Policy and Terms of Service.