Terms of Service

You must be at least 18 years old and legally capable of entering into contracts to use our Services. If you are using ServerIQ on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

You agree to provide accurate information when registering and to maintain its accuracy. You are responsible for maintaining the confidentiality of your account credentials and API keys, and for all activities under your account. Notify us immediately of any unauthorized use.

You agree not to misuse our Services. Prohibited activities include, but are not limited to:

• Illegal use, including copyright infringement, fraud, or distribution of malicious code.
• Monitoring or scanning systems you do not own or do not have authorization to monitor.
• Activities that disrupt or overload the ServerIQ platform, its APIs, or its infrastructure.
• Reverse engineering, decompiling, or attempting to extract source code from the Services except as permitted by law.
• Using the Services to host, store, or transmit content that is abusive, obscene, or promotes violence.
• Sending unsolicited bulk email, spam, marketing communications without recipient consent, harassing or abusive messages, or any communication that violates applicable email or anti-spam laws (including CAN-SPAM, CASL, and GDPR). You will not configure alert recipients, contacts, or notification channels using addresses, phone numbers, or accounts you are not authorized to contact.

We reserve the right to suspend or terminate accounts engaged in prohibited use.

• Prepayment: All Services are prepaid. Payment is due in full before the service term begins.
• Pricing: Pricing may change for subsequent terms. Your current prepaid term remains unaffected.
• Nonpayment: If payment is not received by the due date, Services may be suspended after 5 days and terminated after 10 days.
• Chargebacks: Fraudulent disputes or repeated payment failures may result in suspension or termination.
• Responsibility: You must keep billing details current.

• General Rule: All fees are non-refundable except as expressly provided below.
• Cancellation Without Cause by ServerIQ: If we terminate your Services without cause, you are entitled to a prorated refund for the unused portion of your prepaid term.
• Defective Service: If Services materially deviate from their description or fail to meet our Service Level Agreement (SLA), you may request a refund within 30 days. Verified claims may result in a partial or full refund, at our discretion.
• Idle or Lightly Used Accounts: Because platform capacity, ingestion pipelines, and storage are reserved for each subscription regardless of actual utilization, lightly used or idle accounts still incur operational costs. Therefore, no refunds are issued due to low usage or inactivity.
• Process: Refund requests must be submitted through a support ticket with details and evidence. If approved, refunds are issued to the original payment method within 14 business days.
• Policy Changes: We may modify this Refund Policy at any time. Refunds will be honored according to the policy in effect at the time of purchase.

• By ServerIQ: We may suspend or terminate Services immediately for violations of these Terms. If we terminate without cause, you may receive a prorated refund of prepaid fees for the unused portion.
• By You: You may cancel at any time through your account or by contacting support. Prepaid fees are non-refundable except as described in the Refund Policy. Services remain active until the end of the prepaid term.
• Plan Changes: You may upgrade or downgrade at any time. Any unused portion of prepaid fees will be credited to the new plan.
• Auto-Renewals: Services renew automatically unless cancelled before the next billing cycle.

We strive for high availability but do not guarantee uninterrupted service. Planned maintenance will be communicated in advance where possible. Our SLA outlines specific uptime commitments.

7A. Third-Party Services

The Services may rely on or interoperate with third-party networks, data centers, software, notification channels, or service providers. ServerIQ is not responsible for the availability, performance, or security of third-party services and shall not be liable for any failures or interruptions caused by such third parties.

• Exclusive Remedy: To the fullest extent permitted by law, the remedies expressly set forth in these Terms are your sole and exclusive remedies for any claim related to the Services. ServerIQ's total liability for any claim related to the Services will not exceed the amount you paid in the 12 months preceding the claim.
• General Cap: ServerIQ's total liability for any claim related to the Services will not exceed the amount you paid in the 12 months preceding the claim.
• No Indirect Damages: We are not liable for indirect, incidental, special, or consequential damages, including loss of profits, data, or business opportunities.
• Monitoring & Alerting Disclaimer: You acknowledge that ServerIQ is a monitoring and alerting tool, not a substitute for your own operational responsibility. We do not guarantee that every incident, outage, or anomaly will be detected, classified, or notified, and we are not liable for damages resulting from missed alerts, delayed notifications, false positives, or false negatives.
• Service Interruptions: While we strive for high availability, interruptions may occur. We are not liable for losses (financial or otherwise) resulting from downtime, latency, network instability, or platform unavailability.

8A. No Warranties

The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, ServerIQ disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. ServerIQ does not warrant that the Services will be uninterrupted, error-free, or meet your specific requirements.

8B. Data Responsibility

You are solely responsible for the content, accuracy, legality, and security of any data you upload, store, process, or transmit using the Services, including metrics, logs, and configuration. ServerIQ does not guarantee the preservation, integrity, or availability of customer data and is not responsible for data loss, corruption, or unauthorized access except to the extent required by applicable law and expressly set forth in a written Service Level Agreement.

You agree to indemnify and hold harmless ServerIQ, its officers, employees, and affiliates against any claims, damages, or expenses arising from your use of the Services or violation of these Terms.

These Terms are governed by the laws of Ontario, Canada, without regard to conflict of laws principles. Any disputes will be resolved exclusively in the courts of Ontario.

We may update these Terms at any time. Continued use of Services after changes take effect constitutes acceptance of the revised Terms.

ServerIQ shall not be liable for any failure or delay in performance resulting from events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, power failures, internet outages, supplier failures, or governmental actions.

For questions about these Terms, email [email protected].