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Terms of Service

Effective January 15, 2025

These Terms of Service (the “Terms”) form a binding agreement between you and Pingbird LLC (“Pingbird”, “we”, or “us”). By creating a workspace, accessing the console, or using any Pingbird monitoring agents, you agree to these Terms.

1. Accounts and access

  • You must provide accurate contact information and keep account credentials secure.
  • You are responsible for actions taken under your workspace, including invited collaborators.
  • You must be at least 18 years old (or the age of majority in your jurisdiction) to create a Pingbird account.

2. Service availability

Pingbird provides monitoring, alerting, and status page services. We strive for high uptime but do not guarantee that the service will be uninterrupted or error free. Planned maintenance and emergency updates may affect availability.

3. Subscriptions and billing

  • Paid plans are billed through Stripe on the cadence you select (monthly or annual).
  • Fees are non-refundable once a billing period begins, except where required by law.
  • You may cancel at any time; access continues until the end of the current billing period.
  • Downgrades or plan changes may adjust feature availability and monitoring limits effective at the next renewal.

4. Acceptable use

Users agree not to:

  • Probe or disrupt third-party services without authorization.
  • Upload malicious code, attempt to gain unauthorized access, or overload Pingbird infrastructure.
  • Use Pingbird in violation of applicable laws, including export controls and privacy regulations.

5. Security and privacy

Pingbird protects customer data using encryption in transit and at rest, least-privilege access, and continual security monitoring. Our Privacy Policy describes how we collect and process personal data.

6. Intellectual property

Pingbird retains all ownership rights to the platform, including software, designs, and documentation. You retain rights to your own data and grant Pingbird a limited license to use it solely to deliver the services.

7. Indemnification

You agree to indemnify and hold Pingbird harmless from claims arising out of your misuse of the service or violation of these Terms. We will notify you promptly of any such claim and cooperate in defense efforts.

8. Limitation of liability

To the maximum extent permitted by law, Pingbird’s aggregate liability is limited to the fees paid in the twelve months preceding the event giving rise to the claim. We are not liable for lost profits, indirect, or consequential damages.

9. Suspension and termination

We may suspend or terminate access if you breach these Terms, fail to pay fees, or if continued access would present a security risk. Upon termination we will make customer data available for export for thirty days where technically feasible.

10. Changes to these Terms

We may update these Terms to reflect product or legal changes. We will notify the workspace owner of material updates via email or in-app notice at least 14 days before they take effect. Continued use of Pingbird after that date constitutes acceptance.

11. Governing law

These Terms are governed by the laws of the State of Colorado, excluding its conflict of laws rules. Any disputes will be litigated exclusively in the state or federal courts located in Denver, Colorado.

Contact

Questions about these Terms? Email support@pingbird.xyz or call (720) 466-3070.

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