Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the MWS Monitor infrastructure monitoring platform ("Service"), operated by MattWServices, a sole trader registered in England ("we", "us", "our").

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

2. Service Description

MWS Monitor provides server monitoring, URL/uptime monitoring, DNS monitoring, Proxmox cluster monitoring, and related alerting and reporting features. The Service is currently offered as part of our managed services during a closed beta period at no additional charge.

We reserve the right to introduce paid plans, modify features, or change the scope of the Service at any time with reasonable notice.

3. Account Registration

Access to the Service requires an account. You must:

• Provide accurate and complete registration information.
• Keep your login credentials secure and confidential.
• Notify us promptly if you suspect unauthorised access to your account.

Accounts are subject to approval at our discretion. We may refuse or revoke access at any time without obligation to provide a reason.

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Monitor URLs, servers, or infrastructure that you do not own or have authorisation to monitor.
• Attempt to gain unauthorised access to the Service, other accounts, or any related systems.
• Interfere with or disrupt the integrity or performance of the Service.
• Use the Service to conduct denial-of-service attacks, port scanning, or any form of abuse against third-party systems.
• Reverse engineer, decompile, or attempt to extract source code from the Service.
• Resell, redistribute, or sublicense access to the Service without our written consent.
• Create multiple accounts to circumvent plan limits or restrictions.

5. Monitoring Agents and Probes

The Service may require you to install monitoring agents on your servers. You are solely responsible for:

• Ensuring you have the right to install software on the target systems.
• The security and configuration of your monitoring agents.
• Safeguarding your API keys and tokens.

Distributed probes operated by us perform only HTTP/HTTPS and ping checks against your configured URLs. Probes do not collect, store, or process personal data from your monitored endpoints.

6. Data and Content

You retain ownership of all data you submit to the Service ("Your Data"), including server metrics, configuration details, and monitoring targets. We claim no ownership over Your Data.

You grant us a limited licence to process, store, and display Your Data solely for the purpose of providing the Service to you.

7. Service Availability

We aim to provide a reliable service but do not guarantee uninterrupted or error-free operation. The Service is provided on an "as is" and "as available" basis.

We may temporarily suspend the Service for maintenance, updates, or operational reasons. Where reasonably practicable, we will provide advance notice of planned maintenance.

8. Data Accuracy

While we make reasonable efforts to ensure the accuracy of monitoring data, we provide no warranty regarding the correctness, completeness, or timeliness of any data collected by the Service. You should not rely solely on the Service for critical infrastructure decisions without independent verification.

9. Intellectual Property

All rights, title, and interest in the Service, including its software, design, branding, and documentation, remain our exclusive property. These Terms do not grant you any rights to use our trademarks, logos, or brand assets without prior written consent.

10. Termination

You may close your account at any time by contacting us at [email protected].

We may suspend or terminate your account at any time if:

• You breach these Terms.
• Your use of the Service poses a risk to the Service or other users.
• We are required to do so by law.
• We decide to discontinue the Service.

Upon termination, your right to access the Service ceases immediately. We may delete your account data in accordance with our Privacy Policy.

11. Limitation of Liability

To the maximum extent permitted by law:

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
• Our total aggregate liability arising from or relating to these Terms or the Service shall not exceed the amount you have paid us in the twelve (12) months preceding the claim, or fifty pounds sterling (GBP 50), whichever is greater.
• We are not liable for any downtime, data loss, or inaccurate monitoring results.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

12. Indemnification

You agree to indemnify, defend, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Service, your breach of these Terms, or your violation of any applicable law or third-party rights.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice within the Service. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15. Contact

If you have any questions about these Terms, please contact us at:

MattWServices
Email: [email protected]