These Terms of Service (“Terms”) govern your access to and use of the DeadWatch website monitoring service, the Kestrel module, our websites, and related applications (together, the “Service”), provided by [COMPANY LEGAL NAME] (“we,” “us,” or “DeadWatch”). By using the Service you agree to these Terms.
On this page
1. Acceptance of terms
By creating an account, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy and Liability & Warranty Disclaimer, which are incorporated by reference. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization. If you do not agree, do not use the Service.
2. Accounts & eligibility
You must be at least the age of majority in your jurisdiction and able to form a binding contract to use the Service. You agree to provide accurate account information and to keep it current. You are responsible for safeguarding your credentials and for all activity under your account, including the actions of authorized users, team members, and API tokens you create. Notify us promptly at [CONTACT EMAIL] of any unauthorized use.
3. Acceptable use
You agree not to, and not to permit others to:
- Use the Service to monitor, scan, or probe any site, endpoint, or system you are not authorized to test;
- Violate any law or the rights of others, or infringe intellectual-property rights;
- Interfere with or disrupt the Service, its infrastructure, or other users, or attempt to circumvent usage limits, rate limits, plan entitlements, or security controls;
- Use the Service to transmit malware, conduct denial-of-service activity, or send unsolicited or unlawful communications (including through the Kestrel outreach features);
- Reverse engineer, resell, or provide the Service to third parties except as expressly permitted by your plan; or
- Use the Service to build a competing product or to scrape data in violation of applicable terms or law.
We may suspend or limit access to protect the Service or other users, or to address suspected violations.
4. Authorization to monitor
You are solely responsible for ensuring you have the right to monitor every website, domain, and endpoint you add to the Service, and for any credentials you supply for authenticated checks. Some checks generate meaningful load or capture page content and screenshots; by adding a target you confirm you are authorized to run those checks against it. You are responsible for any data captured through your configured checks and for complying with laws applicable to that data.
5. Subscriptions & billing
The Service is offered on free and paid plans, and as add-on packs that stack on a plan. Plan names, included limits (such as the number of monitored sites), features, and prices are described on our pricing page and at checkout, and may change over time. Paid plans are billed in advance on a recurring basis (for example, monthly) through our payment processor, [e.g., Stripe], and automatically renew for successive periods until cancelled. You authorize us and our processor to charge your payment method for the applicable fees, taxes, and any usage-based or overage charges described for your plan. Fees are stated exclusive of taxes unless noted, and you are responsible for applicable taxes.
If a payment fails, we may retry, suspend, or downgrade the account. We may change prices or plan features on notice; changes take effect at your next renewal unless stated otherwise.
6. Cancellation & refunds
You may cancel at any time from your account or by contacting us; cancellation takes effect at the end of the current billing period, and you retain paid access until then. Except where required by law or expressly stated, fees are non-refundable and we do not provide refunds or credits for partial periods, unused time, or add-ons. State your actual refund policy here (for example, any trial terms or cooling-off rights): [REFUND POLICY].
7. Intellectual property
The Service, including its software, design, text, and trademarks, is owned by [COMPANY LEGAL NAME] or its licensors and is protected by intellectual-property laws. Subject to these Terms and your active subscription, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes. You may not copy, modify, distribute, sell, or create derivative works from the Service except as expressly permitted. Feedback you provide may be used by us without obligation to you.
8. Your content & data
You retain ownership of the content and data you submit or that the Service collects on your behalf (“Customer Data”). You grant us a limited license to host, process, and transmit Customer Data solely to provide and improve the Service and as described in our Privacy Policy. You are responsible for the legality of Customer Data and for maintaining your own backups where appropriate. Monitoring results are subject to retention limits and may be pruned over time.
9. Third-party services
The Service integrates with third-party services you choose to connect — for example, payment processing, email delivery, and notification endpoints such as Slack, Discord, or your own webhooks. Your use of those services is governed by their terms, and we are not responsible for third-party services, their availability, or their handling of your data.
10. Service availability
The Service is provided “as is” and “as available” with no guaranteed level of availability, uptime, or performance unless a separate written service-level agreement (SLA) is agreed with us. We may modify, suspend, or discontinue any part of the Service, and perform maintenance, at any time. Monitoring is an automated tool that can miss, delay, or misclassify events; it is not a guarantee that your sites are up, secure, or performing, and it does not replace your own operational safeguards. See the Liability & Warranty Disclaimer for the full terms.
11. Disclaimers & limitation of liability
Your use of the Service is subject to the warranty disclaimers, limitation of liability, and indemnification terms set out in our Liability & Warranty Disclaimer, which forms part of these Terms. Please read it carefully — those terms limit our liability and allocate risk, and their enforceability varies by jurisdiction.
12. Termination
You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service or other users. On termination, your right to use the Service ends and we may delete Customer Data after a reasonable period, subject to our retention obligations. Sections that by their nature should survive termination (including payment obligations, intellectual property, disclaimers, limitation of liability, and indemnification) will survive.
13. Changes to these terms
We may update these Terms from time to time. We will post the updated Terms with a new “Last updated” date and, for material changes, provide reasonable notice. Your continued use of the Service after the changes take effect constitutes acceptance. If you do not agree to the updated Terms, stop using the Service.
14. Governing law & disputes
These Terms are governed by the laws of [GOVERNING LAW JURISDICTION], without regard to conflict-of-laws rules. The exclusive venue for disputes will be the courts located in [VENUE / COURTS], and the parties consent to their jurisdiction. Any arbitration clause, class-action waiver, or consumer-protection carve-outs must be drafted and reviewed by counsel for enforceability in your jurisdiction: [DISPUTE-RESOLUTION TERMS].
15. Contact
Questions about these Terms:
[COMPANY LEGAL NAME]
[COMPANY ADDRESS]
[CONTACT EMAIL]
See also our Privacy Policy and Liability & Warranty Disclaimer.