TERMS AND CONDITIONS OF THE APPLICATION “Monit24”

1. GENERAL

These Terms and Conditions (hereinafter: “Terms and Conditions“) define the terms and conditions of using the “Monit24” application (hereinafter: “Application“), accesible under the website address: www.monit24.com/, and the services provided by the Service Provider.

The Application is for providing comprehensive monitoring, observability, and incident management solutions to ensure the high availability, performance, and reliability of websites, applications, and IT infrastructure. The Application is intended for professional use only.

The Terms and Conditions are the terms and conditions referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (hereinafter: the “Act on the Provision of Services by Electronic Means“).

The Service Provider is Monit24 LLC (Limited Liability Company), (address of the permanent place of business: 30 N Gould St, STE R, Sheridan, Wyoming 82801, USA), having a Filing ID: 2021-000983889 (hereinafter: “Service Provider“).

Contact with the Service Provider is possible via:
1. e-mail – at the address: [E-MAIL],
2. traditional mail – at the address provided in section 4 above.

Before starting to use the Application, the User is obliged to read the Terms and Conditions and the Privacy Policy.

2. DEFINITIONS

Capitalized words used in the Terms and Conditions have the following meanings:

Price List – a document or information specifying the current price of the Service, the Subscription Period, the variant of its operation and other conditions indicated therein,

Account – a panel created in the Application’s IT system, enabling the User to use its functionalities,

Trial Period – a period of 14 days during which the Service Recipient has the right to use the Services free of charge, in order to familiarize themselves with the functionality of the Application,

Subscription Period – the period for which the Service Provider makes the Service Recipient available to the Service User in accordance with the Price List,

Subscription Fee – a fee paid by the Service Recipient in advance in exchange for the Service, determined in accordance with the Price List in force at the time of ordering,

Privacy Policy – a document containing information on the processing of Users’ personal data by the Service Provider,

Agreement – an agreement for the provision of a digital service within the meaning of the Act on Consumer Rights, on the basis of which the Service Provider undertakes to provide the User with the Service of using the Application free of charge, the condition for concluding the Agreement for the provision of the Service for the use of the Application is the creation of an Account,

Service Recipient – a customer using the Application,

User – a person using the Application on behalf of Service Recipient.

3. TECHNICAL REQUIREMENTS, RULES OF USE AND SECURITY

In order for the User to properly use the services provided by the Service Provider using the Application, it is necessary to have:
1. Internet connection,
2. devices allowing for the use of Internet resources,
3. a web browser enabling the display of hypertext documents on the device screen, linked in the Internet via the WWW network service and supporting the JavaScript programming language, and accepting cookies,
4. an active e-mail account.

As part of the Application, it is prohibited for Users to use viruses, bots, worms or other computer codes, files or programs (in particular those automating scripts and applications or other codes, files or tools).

The Service Provider informs that it uses cryptographic protection of electronic transfer and digital content by applying appropriate logical, organizational and technical measures, in particular to prevent third parties from accessing the data, including SSL encryption, the use of access passwords and anti-virus programs or against unwanted software.

The Service Provider informs that despite the application of the security measures referred to in paragraph 3 above, the use of the Internet and services provided electronically may be at risk of getting into the ICT system and the User’s device, malware or gaining access to data located on this device by third parties. In order to minimize the risk, the Service Provider recommends the use of anti-virus programs or measures to protect identification on the Internet.

4. GENERAL RULES FOR USING THE SERVICES

The use of the Application’s functionality is subject to payment. However, the Service Provider reserves the right to introduce additional, optional functions or services in the future, which may be available free of charge or for a fee. The Service Provider will inform the Service Recipient about any change regarding the introduction of free or paid functions with appropriate notice.

The Service Recipient is obliged to use the Application in a manner consistent with the provisions of generally applicable law, the provisions of the Terms and Conditions, and good practice.

As part of administrative supervision, the Service Provider may gain access to User Content located on their Account through super administrator privileges within the Application to the extent necessary to:
1. provide technical support at the Service Recipient’s request;
2. ensure the security and integrity of the Application;
3. fulfill obligations resulting from the provisions of generally applicable law.

As part of the administrative supervision referred to in section 3, the Service Provider may remove User Content and make changes to it only with the consent and at the express wish of the Service Recipient, except for cases resulting from the provisions of generally applicable law. Each access within the administrative supervision referred to in section 3 is recorded each time (logs) and limited only to authorized persons on behalf of the Service Provider.

In the event of technical problems related to the functioning of the Application, the detection of violations, legal infringements, or the use of the Application in a manner inconsistent with its intended purpose or generally accepted standards of conduct, the Service Recipient and User may report them by e-mail to the address provided in § 1 section 5 point 1.

A Service Recipient using the services provided by the Service Provider is obliged to provide only data (including personal data) consistent with the actual state. The Service Provider is not responsible for the consequences of the Service Recipient providing false or incomplete data.

One Service Recipient may create only one Account in the Application for one e-mail address.

The conclusion of the Agreement for the provision of the Service requires registration (creation of an Account). As part of using the Application, each Service Recipient is obliged to use their own Account (prohibition of sharing the Account).

The Service Provider declares, and the Service Recipient acknowledges, that the web version of the Application does not require its installation or the installation of its updates.

If actions in the Application are performed by a natural person acting on behalf of a Service Recipient who is not a natural person, performing such an action is equivalent to a statement by the natural person performing such an action that they are authorized to represent the Service Recipient. The Service Provider is entitled to demand that such a natural person submit proof of their authority to represent the Service Recipient, in particular a power of attorney document or an extract from the relevant register. In the case of performing an action on behalf of a Service Recipient despite the lack of authority to represent them, the natural person performing this action bears the responsibility provided for in the provisions of the applicable law.

The provision of illegal content by the Service Recipient is prohibited.

A violation of the Terms and Conditions is considered in particular to be:
1. the provision of illegal content by the Service Recipient;
2. the Service Recipient’s use of the Service and functionality of the Application inconsistent with their purpose;
3. the provision of false or incomplete data by the Service Recipient;
4. the creation of more than one Account by the Service Recipient using the same e-mail address;
5. sharing their Account by the Service Recipient despite the prohibition specified in section 8, second sentence above.

In the event of a violation of the Terms and Conditions, the Service Provider may call on the Service Recipient to remove the violation and set a deadline for this purpose of no less than 7 (seven) days.

In the event of failure to remove the violation of the Terms and Conditions by the Service Recipient, the Service Provider has the right to block access to the Application until the violation referred to in sections 12 and 13 is removed.

All statements, calls, notices, and information referred to in the Terms and Conditions may be sent by e-mail, unless a specific provision of the Terms and Conditions provides otherwise.

The Service Recipient declares that:
1. has full capacity to conclude the Agreement,
2. uses the Application in accordance with the applicable law,
3. the Recipient is entitled to all rights to content entered into the Application.

The Service Recipient is solely responsible for their content and the consequences of its use, including the violation of the rights of third parties, the law or the Terms and Conditions.

The Application and any related technology are subject to United States export control laws and regulations, including the Export Administration Regulations (EAR) and economic sanctions administered by the U.S. Office of Foreign Assets Control (OFAC), and may also be subject to the export and import laws of other jurisdictions. The Service Recipient represents and warrants that it is not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, and that it is not a person or entity listed on any restricted-party or sanctions list. The Service Recipient shall not access, use, export, re-export, or make the Application available, directly or indirectly, to any such country, person, or entity, or for any end use prohibited under applicable export control or sanctions laws. The Service Recipient shall indemnify the Service Provider against any breach of this section.

5. SERVICE AGREEMENT

On the basis of the Agreement, the Service Provider enables the Service Recipient (to the extent resulting from the selected variant in the Price List) to use the functionality of the Application.

In order to conclude the Agreement during the Trial Period, the Service Recipient should perform the following actions:
1. go to the Application website and select the option “Free Trial”,
2. proceed to the payment system’s website,
3. fill in the required data in the form that appears,
4. it is obligatory to tick the checkbox next to the statement that they have read the Terms and Conditions and the Privacy Policy and accept their provisions,
5. click the “subscribe” or “Start trial” button,
6. enter the activation link sent by e-mail to the e-mail address provided by the Service Recipient.

The use of the Application requires registration, creation of an Account and confirmation of registration by electronic means (using the e-mail received from the Service Provider – activation link).

Clicking on the activation link is tantamount to concluding a free Agreement by the Service User during the Trial Period.

After the expiry of the Trial Period, the Service Recipient may decide to continue using the Service, which is tantamount to extending the Agreement for a fee, in accordance with the Price List (which specifies the duration, functions, settlements under the Agreement).

In order to extend the Agreement, within 14 days of the start of the Trial Period, the Service Recipient should go to the Price List tab on the website, proceed to the payment system’s website, and select a variant from the Price List, provide required data and then finalize payment.

Clicking on the activation link is tantamount to concluding a paid Agreement by the Service User on the terms and conditions described in the variant selected in the Price List.

The Service Recipient retains all content, information and data entered into their Account during the Trial Period, in the event of an extension of the Agreement (for a fee).

The Service Provider informs, and the Service Recipient acknowledges, that in order to maintain the compliance of the Service for the use of the Application with the Application Usage Agreement, it does not require the installation of its updates.

6. FEES AND BILLING

The prices of services in the Price List are expressed in USD and represent the net value and do not include VAT. The relevant VAT rate will be added to the Subscription Fee in the case of payment.

Unless otherwise stipulated in a specific provision of the Terms and Conditions or individual arrangements with the Service Provider, all payments due to the Service Provider shall be made by the Service User using the payment systems made available within the Application.

For the provision of Services, the Service Recipient is obliged to pay the Subscription Fee according to the amounts indicated in the Price List. Changes to the prices indicated in the Price List are announced in the Application and do not constitute changes to these Terms and Conditions.

The Subscription Period is subject to automatic renewal every month or year.

In the case of the payment referred to in section 2, the date of payment shall be deemed to be the date on which the amount of the Subscription Fee due for the Service is credited to the Service Provider’s bank account. After the payment has been credited to the payment systems, the Service Provider sends information to the Service Recipient’s e-mail address about granting access to the Application together with a VAT invoice.

The Subscription Fee is paid automatically, cyclically in advance every month or year, on the dates referred in the Price List, resulting from the date of conclusion of the Agreement.

The Subscription Fee after the start of the Subscription Period is non-refundable, unless generally applicable law provides otherwise.

Failure to pay the Subscription Fee by the Service Recipient will result in the suspension of access to the functionality of the Application until the Subscription Fee is credited to the Service Provider’s bank account.

If the Service Recipient does not pay the Subscription Fee or it is not possible to collect funds within the integrated payments, a prompt with information about the lack of payment is displayed to the Service Recipient.

7. PRICING

The current Price List is available at: www.monit24.com/pricing.

The Price List may provide that a certain number of Services may be used by the Service Recipient free of charge.

The Service Provider may change the Price List at any time. A change to the Price List does not constitute a change to the Terms and Conditions.

The change in the Price List does not in any way affect the amount of fees specified in the Agreements concluded before the change of the Price List.

8. COMPLAINTS

In the event of disclosure of non-compliance of the Service with the Terms and Conditions, the Service Recipient may file a complaint.

The complaint shall be submitted in writing or by e-mail, to the address indicated in § 1 section 5 point 1 of the Terms and Conditions, no later than within 30 days from the date of disclosure of the non-compliance.

The complaint should include:

the name of the Service Recipient,

e-mail address,

a description of the disclosed non-compliance of the Service with the Terms and Conditions.
1. The Service Provider may refuse to bring the Service into compliance with the Terms and Conditions if this is impossible or would require the Service Provider to incur excessive costs.
2. After considering the complaint, the Service Provider provides the Service Recipient with a response to the complaint, in which:

acknowledges the complaint and indicates the planned date of bringing the Service into compliance with the Terms and Conditions,

refuses to bring the Service into compliance with the Terms and Conditions for the reason indicated in section 4 above,

rejects the complaint due to its unfoundedness.

The Service Provider responds to the complaint by e-mail within 21 (twenty-one) days from the date of its receipt. In particularly complicated cases, the deadline for responding to a complaint may be extended to 30 calendar days.

9. RESPONSIBILITY AND SERVICE LEVEL

The Service Provider undertakes to provide the Services with due diligence. The service is provided in the “as is” and “as available” models, subject to mandatory provisions of law.

To the maximum extent permitted by applicable law, in no event will the Service Provider be liable to the Service Recipient (whether in contract, tort (including negligence) or otherwise) for more than the amount of license fees that the Service Recipient have paid in the three (3) months preceding the date upon which the cause of action arose for the applicable software. To the maximum extent permitted by applicable law, in no event will the Service Provider be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including without limitation lost profits, lost business opportunities, loss of use of the service offering, loss of goodwill, business interruption, loss or corruption of your data, lost savings, or other economic damage, arising out of this Agreement or the use or inability to use the Application, even if the Service Provider had been advised of the possibility of such damages.

The Service Provider does not guarantee a specific level of performance, effectiveness or usability of the Application in relation to the specific needs and applications of the Service Recipient.

The Service Provider may limit, modify or disable certain functionalities of the Application if it is necessary to ensure compliance with the law, decisions of supervisory authorities or guidelines of regulators, without incurring liability to the Service Recipient.

To the extent permitted by the provisions of the applicable law, the Service Provider shall not be liable to the Users for the consequences of:
1. the use by the Users of any services or functionalities available within the Application contrary to their purpose,
2. providing incorrect or false data by the Users,
3. the consequences of the use of data authorising access to the Account by third parties, if such persons came into possession of such data as a result of their disclosure by the User or as a result of their insufficient protection by the User against access by such persons.

To the extent permitted by the provisions of the applicable law, the Service Provider shall not be liable for disruptions in the functioning of the Application resulting from:
1. force majeure (which is also considered to be the unavailability of APIs of key third-party service providers or the ban on the use of specific AI models by supervisory authorities),
2. necessary maintenance works carried out in the Application,
3. reasons attributable to the User,
4. reasons beyond the control of the Service Provider, in particular the actions of third parties for which the Service Provider is not responsible.

The Service Provider undertakes to carry out the works referred to in section 7 point 2 above in the least burdensome way possible for the Users and, if possible, to inform them in advance about the planned works.

The Service Provider undertakes, as far as possible, to remove any disruptions in the functioning of the Application on an ongoing basis.

The Service Recipient undertakes to release the Service Provider from liability and to cover all damages, costs and claims of third parties arising in connection with:
1. using the Application contrary to the Terms and Conditions,
2. the content of the Service Recipient,
3. violation of the law by the Service Recipient.

The above includes, in particular, the costs of court proceedings, administrative proceedings and legal services.

Upon termination of the Agreement, the Service Provider:
1. provides access to data for 90 consecutive days,
2. deletes data after this period – at the request of the Service Recipient, it may be done earlier.

The Service Recipient may request:
1. full export before disposal,
2. Assisted migration (optionally paid).

10. MARKETING COOPERATION

Unless a separate agreement provides otherwise, the Service Recipient grants the Service Provider consent to:
1. inform clients and potential clients of the Service Provider about the performance of Services for the Service Recipient when presenting the Service Provider’s experience, without disclosing the rules of cooperation;
2. inform on their website and in social media about cooperation with the Service Recipient, without disclosing the rules of cooperation;
3. place the Service Recipient’s name and logo in offers and marketing materials, on the Service Provider’s website, as well as on the Service Provider’s social media profiles;
4. place a review about the Service Provider prepared by the Service Recipient in offers and marketing materials, on the Service Provider’s website, as well as on the Service Provider’s social media profiles.

At the Service Recipient’s request, the Service Provider is obliged to present them with marketing materials regarding cooperation with the Service Recipient for review before their publication.

11. SERVICE PROVIDER’S INTELLECTUAL PROPERTY

All components of the Application in particular:
1. the name of the Application,
2. the logo of the Application,
3. photos and descriptions,
4. principles of operation of the Application, all its graphic elements, interface, software, source code and databases

– are subject to legal protection under the provisions of the Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000 – Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition and other provisions of generally applicable law, including provisions of European Union law.

The Service Provider grants the Service Recipient a non-exclusive, non-transferable license to use the Application only to the extent resulting from the selected subscription plan.

The license does not cover:
1. the right to modify, copy or decompile the Application,
2. the right to make the Application available to third parties, unless otherwise stipulated in the Terms and Conditions.

Any use of the Service Provider’s intellectual property without its prior, explicit permission, in violation of the Terms and Conditions, is prohibited.

Neither the Service Recipient nor the User may use the Application to:
1. create competitive products,
2. test, benchmark or reverse engineer,
3. circumvent technical or licensing limits.

The Service Provider is entitled to monitor the manner of use of the Application to the extent necessary to ensure security, prevent abuse and enforce the Terms and Conditions.

Violation of the above rules entitles the Service Provider to immediately suspend the Account or terminate the Agreement without notice.

If the Service Recipient or any User provides the Service Provider with suggestions, ideas, enhancement requests, or other feedback regarding the Application (“Feedback”), the Service Recipient agrees that such Feedback is non-confidential and grants the Service Provider a royalty-free, fully paid-up, worldwide, perpetual, irrevocable, sublicensable, and transferable license to use and incorporate the Feedback into the Application and the Service Provider’s products and services without restriction or obligation

12. PERSONAL DATA

Information on the processing of personal data by the Service Provider can be found in the Privacy Policy available at: www.monit24.com/privacy-policy/.

The rules and conditions for the Service Recipient to entrust the processing of their customers’ and partners’ personal data are specified in the Terms and Conditions of Entrusting Personal Data Processing.

In order to ensure compliance with the EU General Data Protection Regulation (GDPR), the Service Provider, acting as the Controller, has appointed its representative in the European Union: contact@monit24.com.

13. AMENDMENT OF THE TERMS AND CONDITIONS

The Service Provider may make changes to the Terms and Conditions, inter alia, in the event of:
1. changes in the scope of the Service Provider’s business,
2. commencement of the provision of new services by the Service Provider, modification of services provided so far or cessation of their provision,
3. making technical modifications to the Application requiring adaptation of the provisions of the Terms and Conditions,
4. legal obligation to make changes, including the obligation to adapt the Terms and Conditions to the current legal status.

The Service User will be informed about the change in the Terms and Conditions by publishing their amended version in the IT System. Regardless of this, the amended version of the Terms and Conditions will be sent to the Service User by e-mail.

The provisions of the then applicable Terms and Conditions shall apply to contracts concluded before the amendment of the Terms and Conditions.

The User who does not agree to the amendment of the Terms and Conditions may terminate the Agreement for the use of the Application with immediate effect within 10 (ten) days from the date of receipt of the information about the change in the Terms and Conditions. Failure to give notice shall be deemed to be consent to the amendment of the Terms and Conditions.

Termination of the Agreement for the use of the Application shall take place by submitting a statement of termination of this Agreement to the Service Provider. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 5 point 1 of the Terms and Conditions.

Immediately after receiving the statement referred to in paragraph 5 above, the Service Provider deletes the Account.

14. FINAL PROVISIONS

The current version of the Terms and Conditions is effective from 01.08.2026.

The Terms and Conditions constitute the entire agreement of the Parties and supersede all previous arrangements.

The Service Recipient may not assign or transfer the Agreement, in whole or in part, without the prior written consent of the Service Provider. The Service Provider may assign or transfer the Agreement, in whole or in part, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, or to an affiliate. The Agreement is binding upon and inures to the benefit of the Parties and their permitted successors and assigns.

If any provision of the Terms and Conditions is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. Such invalid, illegal, or unenforceable provision shall be deemed replaced by a valid and enforceable provision that most closely reflects the original intent of the Parties

The Terms and Conditions are governed by Wyoming State law. Any disputes under these Terms and Conditions shall be resolved through amicable negotiations, and in the event that no agreement is reached — before a common court competent for the registered office of the Service Provider.

In matters not regulated in the Terms and Conditions, the provisions of generally applicable Wyoming State law will apply.