Terms of Service

Last updated: January 28, 2026

1. Acceptance of Terms

By accessing or using ObservaMax ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Description of Service

ObservaMax provides website monitoring services including:

  • Uptime Monitoring: HTTP/HTTPS, TCP, DNS, Ping (ICMP), and Heartbeat endpoint monitoring with configurable check intervals (30 seconds to 30 minutes depending on plan), status code validation, response time tracking, SSL certificate expiry monitoring, keyword/content validation, custom HTTP methods and headers, and configurable degraded thresholds
  • Multi-Location Monitoring: Checks from 6 global locations (US East, US West, EU West, EU Central, AP Southeast, AP Northeast) with majority-vote aggregation to reduce false positives (Pro and Agency plans)
  • Change Detection: Monitor HTML content, text, page titles, meta tags, and visual changes with CSS selector support and ignore patterns
  • Screenshot Monitoring: Visual change detection using headless browser screenshots with configurable viewport dimensions (Pro and Agency plans)
  • Alert Notifications: Email, webhook (HMAC-signed), Slack, Discord, Telegram, SMS, and voice call notifications with throttling, quiet hours support, and maintenance window awareness
  • Maintenance Windows: Scheduled maintenance periods with one-time or recurring schedules to suppress false alerts during planned downtime
  • Public Status Pages: Customizable status pages with subscriber notifications and incident management
  • SLA Reporting: Uptime percentage tracking across multiple time periods with exportable CSV reports
  • API Access: Programmatic access to monitoring data (Pro and Agency plans)

3. Account Registration

To use the Service, you must:

  • Create an account through our authentication provider (Clerk) with accurate information
  • Be at least 16 years old
  • Keep your login credentials and API keys secure
  • Notify us immediately of any unauthorized access

You are responsible for all activity under your account, including API usage.

4. Acceptable Use

You agree not to:

  • Monitor websites without authorization from the website owner
  • Use the Service for any illegal purpose
  • Attempt to bypass plan limits, rate limits, or usage restrictions
  • Interfere with or disrupt the Service infrastructure
  • Reverse engineer, decompile, or attempt to extract source code
  • Resell or redistribute the Service without permission
  • Use the Service to harass, abuse, or harm others
  • Monitor websites containing illegal content
  • Share API keys or allow unauthorized access to your account
  • Use automated means to create accounts or circumvent restrictions

5. Subscription Plans and Billing

5.1 Free Trial

New users receive a 14-day free trial with Starter plan features: 5 monitors, 10-minute check intervals, email alerts, 7-day data retention, change detection, and 1 status page. No credit card is required for the trial.

5.2 Paid Plans

We offer three paid subscription tiers:

  • Starter ($9/month or $90/year): 5 monitors, 10-minute intervals, HTTP/TCP/DNS/Ping/Heartbeat monitoring, email alerts, 7-day retention, 1 status page, 20 incidents max
  • Pro ($29/month or $290/year): 25 monitors, 1-minute intervals, all monitor types, email/webhook/Slack/Discord/Telegram/SMS alerts, multi-location checks, 30-day retention, screenshot monitoring, 3 status pages, API access, 100 incidents max
  • Agency ($79/month or $790/year): 100 monitors, 30-second intervals, all monitor types, all alert channels including voice calls, multi-location checks, 90-day retention, screenshot monitoring, 10 status pages, API access, unlimited incidents, priority support

Subscriptions are billed in advance on a monthly or annual basis. Prices are subject to change with 30 days notice to existing subscribers.

5.3 Payment Processing

All payments are processed securely through Stripe. By subscribing, you authorize us to charge your payment method for the subscription fees. You are responsible for keeping your payment information current.

5.4 Refunds

We offer a 14-day money-back guarantee for new paid subscriptions. After 14 days, refunds are provided at our discretion. Annual subscriptions may receive prorated refunds for unused complete months.

5.5 Cancellation

You may cancel your subscription at any time through the billing settings or Stripe customer portal. Access to paid features continues until the end of your current billing period. Monitoring data is retained according to your plan's retention period after cancellation.

5.6 Plan Limits

Plan limits are strictly enforced. If you exceed your plan's limits, you will be prompted to upgrade. Downgrading to a lower plan requires compliance with that plan's limits.

6. Data Retention

Monitoring data (uptime checks, change records, screenshots, content snapshots) is automatically deleted after your plan's retention period:

  • Trial and Starter: 7 days
  • Pro: 30 days
  • Agency: 90 days

Alert history is retained for a minimum of 30 days regardless of plan. Data cleanup runs automatically daily at 3:00 AM UTC.

7. Service Level

For paid plans, we target 99.9% uptime for our monitoring infrastructure. This excludes:

  • Scheduled maintenance (with advance notice when possible)
  • Factors outside our control (third-party service outages, network issues, force majeure)
  • Issues with your monitored websites or webhook endpoints

The Service is provided "as is" for trial users without service level guarantees.

8. API Usage

API access is available to Pro and Agency plan subscribers. By using the API, you agree to:

  • Keep your API key confidential and secure
  • Not share API keys with unauthorized parties
  • Accept responsibility for all actions taken using your API key
  • Revoke and regenerate keys if compromise is suspected

We reserve the right to rate limit or suspend API access for abuse or excessive usage.

9. Intellectual Property

The Service, including its design, features, code, and content, is owned by ObservaMax and protected by intellectual property laws. You retain ownership of your data, monitor configurations, and content you submit to the Service.

10. Data and Privacy

Your use of the Service is subject to our Privacy Policy. By using the Service, you consent to the collection, use, and processing of data as described therein, including data processing by our third-party service providers (Clerk, Stripe, Neon, Cloudflare R2, Resend, Browserless, Trigger.dev).

11. Third-Party Services

The Service integrates with third-party services including Stripe (payments), Slack, Discord, and Telegram (notifications), Twilio (SMS and voice calls), and external webhook endpoints you configure. Your use of these integrations is subject to their respective terms. We are not responsible for third-party service availability, performance, or terms changes.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OBSERVAMAX SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, punitive, or consequential damages
  • Loss of profits, revenue, data, or business opportunities
  • Damages arising from service interruptions, errors, or monitoring inaccuracies
  • Damages arising from failure to detect website outages or changes
  • Damages exceeding the amount paid by you in the past 12 months
  • Actions taken or not taken based on alert notifications

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT:

  • The Service will be uninterrupted or error-free
  • All monitoring checks will be 100% accurate or timely
  • All website outages or changes will be detected
  • Alert notifications will be delivered without delay
  • The Service will meet your specific requirements
  • Screenshots will perfectly represent monitored pages

14. Indemnification

You agree to indemnify and hold harmless ObservaMax, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

  • Your use of the Service
  • Violation of these Terms
  • Monitoring of websites without proper authorization
  • Your content or data transmitted through the Service
  • Violation of any third-party rights

15. Termination

We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or abuse the Service. Upon termination:

  • Your right to use the Service ceases immediately
  • Your API keys are revoked
  • Your data will be deleted according to our retention policies
  • No refund is provided for termination due to Terms violations

Sections 12, 13, 14, and 16 survive termination.

16. Governing Law

These Terms are governed by the laws of the Republic of Equatorial Guinea. Any disputes arising from these Terms or the Service shall be resolved in the competent courts of Malabo, Equatorial Guinea.

17. Changes to Terms

We may modify these Terms at any time. Material changes will be notified via email or through a prominent notice on the Service at least 30 days before taking effect. Continued use of the Service after changes take effect constitutes acceptance of the new Terms.

18. Contact

For questions about these Terms, contact us at:

Email: legal@observamax.com

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Terms of Service - ObservaMax | ObservaMax