Terms Of Use
Welcome to Observer! These Terms of Use (“Terms”) govern your use of the Observer website, services, software, and applications (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
1. Acceptance of Terms
By using Observer, you agree to these Terms and any policies referenced within, including terms that limit our liability and require individual arbitration for any potential legal dispute. You also agree to comply with all applicable laws and regulations.
2. Service Description
Observer offers website monitoring services, including uptime monitoring, performance analysis, and security checks. The Service is available in two versions: a free version with limited capabilities and a subscription-based version with full capabilities. Additional paid add-ons are available for enhanced functionality.
3. User Accounts
To access some features of the Service, you must register for an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
4. Use of the Service
You agree to use the Service only for lawful purposes and in accordance with these Terms. You may not use the Service in any manner that could disable, overburden, or impair the Service or interfere with any other party’s use of the Service.
5. Intellectual Property Rights
All intellectual property rights in the Service and its content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio) are owned by Observer, its licensors, or other providers of such material.
6. Subscription Fees and Payment
Subscription fees for the paid version of the Service and any optional paid add-ons are billed in advance on a recurring basis. All fees are non-refundable, except as required by law.
7. Cancellation and Termination
You may cancel your subscription to the Service at any time. Upon cancellation, you will have access to the Service until the end of your billing period. Observer reserves the right to suspend or terminate your account and access to the Service for any reason, without notice, at our discretion.
8. Privacy
Observer is committed to protecting your privacy. We do not share your personal information with third parties, except as required by law or as necessary to provide you with the Service. For more information, please see our Privacy Policy.
9. Changes to Terms
Observer reserves the right to modify these Terms at any time. We will provide notice of any significant changes to the Terms by posting the new Terms on our website or by sending you an email notification. Your continued use of the Service after such changes have been notified will constitute your consent to those changes.
10. Disclaimer of Warranties
The Service is provided on an “as is” and “as available” basis. Observer makes no warranties, express or implied, regarding the Service, and expressly disclaims any warranties of merchantability, fitness for a particular purpose, or non-infringement.
11. Limitation of Liability
Observer shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Observer operates, without regard to its conflict of law provisions.
13. Contact Information
If you have any questions about these Terms, please contact us at [email protected]
By using Observer, you acknowledge that you have read and understood these Terms and agree to be bound by them.
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