Contents
1. Scope, Acceptance and Contracting Entity
2. Definitions
3. Eligibility and Account Registration
4. The Services
5. Monitoring and Cybersecurity Disclaimer
6. License and Intellectual Property
7. Customer Systems, Content and Permissions
8. Acceptable Use and Prohibited Conduct
9. Plans, Free Trials, Fees and Taxes
10. Automatic Renewal, Cancellation and Refunds
11. Consumer Withdrawal and Mandatory Rights
12. Service Changes, Maintenance and Availability
13. Third-Party Services and Dependencies
14. Beta, Preview, AI and Anomaly-Detection Features
15. Data Export, Switching and Post-Termination Access
16. Privacy
17. Suspension and Termination
18. Disclaimer of Warranties
19. Limitation of Liability
20. Indemnification
21. Release and Allocation of Risk
22. U.S. Dispute Resolution: Arbitration and Class-Action Waiver
23. Governing Law and Non-U.S. Disputes
24. Changes to These Terms
25. Electronic Communications and Notices
26. Export Controls, Sanctions and Geographic Restrictions
27. General Provisions
28. Contact

1. Scope, Acceptance and Contracting Entity
1.1 These Terms and Conditions (the “Terms”) govern access to and use of the MONIT24 websites, web applications, dashboards, APIs, monitoring agents or probes where offered, notifications, reports and related monitoring, observability, incident-management and cybersecurity functionality (collectively, the “Services”).
1.2 The Services are provided by MONIT24 LLC, a Wyoming limited liability company, with an address at 30 N Gould St, STE R, Sheridan, Wyoming 82801, USA (“MONIT24”, “we”, “us” or “our”).
1.3 These Terms form a binding agreement between MONIT24 and the person or entity that creates an Account, purchases a subscription or uses the Services (“Customer”, “you” or “your”). If an individual uses the Services on behalf of an organization, that individual represents and warrants that they have authority to bind that organization.
1.4 The Services may be used by Consumers and Business Users. Certain provisions apply differently depending on whether you act as a Consumer or a Business User. Mandatory rights that applicable law does not permit you to waive are preserved by these Terms.
1.5 Any order form, checkout page, plan description, pricing page, service-specific terms or separately signed agreement expressly incorporated into these Terms forms part of the Agreement. If a separately signed agreement expressly states that it overrides these Terms, the signed agreement controls to the extent of the conflict.

2. Definitions
“Account” the account through which a Customer or Authorized User accesses the Services.
“Agreement” these Terms together with any incorporated order, plan or service-specific terms.
“Authorized User” an individual permitted by Customer to use Customer’s Account.
“Business User” a person or entity using the Services primarily for trade, business, craft or professional purposes, including a freelancer or sole proprietor acting for such purposes.
“Consumer” an individual using the Services primarily for personal, family or household purposes and not primarily for trade, business, craft or professional purposes.
“Customer Content” data, URLs, endpoints, scripts, credentials, configuration, files, payloads, messages, contact details, test data and other information submitted to, transmitted through or generated from Customer’s use of the Services, excluding MONIT24 technology, system telemetry and aggregated or de-identified information.
“MONIT24 Parties” MONIT24 LLC and its affiliates, licensors, technology providers, infrastructure providers, service providers, subcontractors, suppliers, officers, directors, members, employees, contractors and agents.
“Subscription Period” the billing period shown at checkout or in the Account.
“Subscription Fee” the fee payable for a paid plan.
“Trial” a free or promotional period made available under the terms displayed when the Trial is offered.

3. Eligibility and Account Registration
3.1 You must be at least 18 years old and have legal capacity to enter into the Agreement. The Services are not directed to children.
3.2 You must provide accurate, current and complete registration and billing information and keep it updated. You are responsible for all activity occurring through your Account, except to the extent caused by MONIT24’s breach of a non-waivable legal duty.
3.3 You must keep login credentials confidential, use reasonable security measures, and notify MONIT24 promptly if you suspect unauthorized access. You may not sell, lease or transfer an Account without MONIT24’s prior written consent.
3.4 MONIT24 may require identity, payment, authority, domain-control or other verification where reasonably necessary for fraud prevention, security, legal compliance or protection of third-party rights.

4. The Services
4.1 Depending on the selected plan, the Services may include uptime and performance monitoring, transaction or synthetic monitoring, endpoint and API monitoring, SSL or domain monitoring, alerting and escalation, dashboards, reports, incident-management functionality, cybersecurity monitoring, intrusion/anomaly detection, integrations and other related features.
4.2 Features, limits, test intervals, retention periods, monitoring locations, notification channels and other plan characteristics are those displayed in the applicable plan or Account, as changed from time to time in accordance with these Terms.
4.3 Unless MONIT24 expressly agrees otherwise in a separately signed service-level agreement, no service level, uptime percentage, response time, detection rate, recovery time, support time or other performance commitment applies.
4.4 MONIT24 may use affiliates, licensors, infrastructure providers, subcontractors and other service providers to provide any part of the Services. Customer authorizes such use, subject to applicable law and the Privacy Policy.
4.5 Monitoring observations are point-in-time observations made from particular monitoring locations, networks, Internet routes, devices, software environments or addresses selected or made available by MONIT24. A result observed from one monitoring location does not establish that the same condition existed, or did not exist, from another location, network, provider or user environment. MONIT24 does not represent or warrant that any monitoring location, network, Internet route, device, software environment or test configuration is representative of Customer’s users, customers, geographic markets, networks, production traffic or actual end-user experience.
4.6 Customer acknowledges that synthetic, transaction and application monitoring may depend on the monitored resource remaining materially compatible with the configured monitor. Changes to a monitored website, application, API, authentication flow, URL, DNS configuration, certificate, HTML/DOM structure, form, cookie behavior, CAPTCHA, WAF/CDN rule, geolocation restriction, rate limit, firewall rule, access policy or other technical characteristic may cause a monitor to fail, produce different results, or generate false positives or false negatives.

5. Monitoring and Cybersecurity Disclaimer
THE SERVICES ARE MONITORING, OBSERVABILITY, ALERTING AND CYBERSECURITY TOOLS. THEY ARE NOT A GUARANTEE OF AVAILABILITY, PERFORMANCE, SECURITY, INCIDENT DETECTION, INCIDENT PREVENTION, COMPLIANCE OR BUSINESS CONTINUITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MONIT24 MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL DETECT, IDENTIFY, PREVENT OR REPORT ANY PARTICULAR OUTAGE, FAILURE, PERFORMANCE DEGRADATION, VULNERABILITY, INTRUSION, ATTACK, MALWARE, UNAUTHORIZED ACCESS, ANOMALY, SECURITY INCIDENT OR OTHER EVENT.
5.1 Monitoring results, findings, scores, classifications, anomaly detections, alerts and other outputs may be incomplete, delayed, inaccurate, unavailable or incorrect and may include false positives and false negatives.
5.2 Alerts and notifications may be delayed, duplicated, misdirected, filtered, blocked or not delivered due to MONIT24 systems, Customer configuration, carrier or messaging-provider behavior, email filtering, network conditions, third-party failures or other causes.
5.3 You must not rely on the Services as your sole means of monitoring, security, incident detection, backup, disaster recovery, emergency response or business continuity. You remain responsible for safeguards appropriate to your systems, including backups, access controls, independent monitoring where appropriate, security controls, incident-response procedures and alternative communication or alerting mechanisms.
5.4 Any information, alert, score, classification, recommendation or output generated by the Services is informational. You are responsible for independently evaluating material decisions based on such output.
5.5 Unless MONIT24 expressly agrees otherwise in a separately signed agreement, the Services do not constitute legal, compliance, audit, certification, insurance, forensic, managed-response or professional cybersecurity advice.
5.6 The Services are not designed to be the sole safety mechanism for systems where a failure, missed alert or incorrect result could reasonably be expected to result in death, personal injury, severe physical or environmental damage, or similarly catastrophic consequences. Any such use is at Customer’s risk unless expressly covered by a separate signed agreement.

6. License and Intellectual Property
6.1 Subject to the Agreement and payment of applicable fees, MONIT24 grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the applicable Subscription Period to access and use the Services for Customer’s lawful internal purposes.
6.2 The Services, software, source and object code, interfaces, design, databases, documentation, methods, algorithms, models, monitoring logic, reports and all related intellectual property are owned by or licensed to MONIT24 and are protected by applicable intellectual-property laws. No ownership right is transferred to Customer.
6.3 Except where applicable law expressly prohibits the restriction, you may not:
copy, modify, translate, create derivative works from, distribute, sell, lease, sublicense or commercially exploit the Services except as expressly permitted by the Agreement;
reverse engineer, decompile, disassemble or attempt to derive source code, non-public algorithms, models or trade secrets;
circumvent technical, usage, account, security or licensing restrictions;
use the Services or outputs to build, train, benchmark or improve a competing monitoring, observability or cybersecurity product without MONIT24’s written consent;
remove or alter proprietary notices.
6.4 If you provide feedback, suggestions or enhancement requests, you grant MONIT24 a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free right to use and incorporate that feedback without restriction or obligation, provided MONIT24 does not publicly identify you as the source without permission.
6.5 Subject to these Terms, Customer may use reports, dashboards, monitoring results and other outputs made available to Customer for Customer’s own lawful personal or business purposes. MONIT24 and its licensors retain all rights in the underlying software, methodologies, report structures, templates, algorithms, models, scoring methods and know-how. Customer may not publish or present an output in a materially misleading manner or falsely represent that MONIT24 has certified, audited, endorsed or guaranteed Customer or any monitored system.

7. Customer Systems, Content and Permissions
7.1 As between Customer and MONIT24, Customer retains its rights in Customer Content. Customer grants the MONIT24 Parties a non-exclusive, worldwide right during the Agreement, and for any legally or technically necessary wind-down period, to host, copy, transmit, process, analyze and otherwise use Customer Content only as reasonably necessary to provide, secure, support, maintain and improve the Services, comply with law, prevent abuse and enforce the Agreement.
7.2 Customer represents and warrants that it has all rights, permissions and lawful bases necessary to submit Customer Content and to configure the Services to access, test, query, scan or monitor each website, endpoint, application, system, network, account or other resource that Customer directs the Services to monitor.
7.3 Customer is solely responsible for Customer Content, monitor configuration, scripts, credentials, thresholds, recipients and destinations, and for consequences arising from inaccurate, incomplete or unlawful configuration.
7.4 MONIT24 may establish technical limits or safeguards intended to prevent abuse, excessive load, unauthorized testing or security risks.
7.5 Customer is responsible for reviewing and updating monitoring configurations when Customer or any third party changes a monitored resource. Unless expressly included in a separately purchased managed service, MONIT24 has no obligation to discover changes to Customer Systems, rewrite monitoring scenarios, update selectors or scripts, or otherwise adapt a monitor to changes in the monitored resource.
7.6 Customer is responsible for maintaining compatible devices, software, browsers where applicable, Internet connectivity, email or telecommunications services, and accurate notification recipients and contact information necessary to access the Services and receive alerts.
7.7 Customer is responsible for the acts and omissions of Authorized Users and of any person using Customer credentials, except to the extent directly caused by MONIT24’s breach of a non-waivable legal duty. Customer must promptly remove access for persons who are no longer authorized.

8. Acceptable Use and Prohibited Conduct
8.1 You may use the Services only lawfully and in accordance with the Agreement. You may not use or assist others to use the Services to:
access, scan, probe, attack, disrupt or monitor systems without sufficient authorization;
introduce malware, destructive code or unauthorized automated activity;
conduct denial-of-service activity or intentionally impose unreasonable load;
evade access controls, rate limits, account limits or security measures;
infringe privacy, intellectual-property or other rights;
collect or process information unlawfully;
impersonate another person or misrepresent authorization;
engage in fraud, deception, harassment, unlawful surveillance or other illegal conduct;
use the Services in a manner that materially threatens the security, integrity, availability or reputation of the Services or any third party.
8.2 MONIT24 may investigate suspected misuse and may suspend, restrict or terminate access immediately where reasonably necessary to protect systems, users, third parties or MONIT24, to comply with law, or to prevent or mitigate harm.

9. Plans, Free Trials, Fees and Taxes
9.1 Prices, included usage, limits and billing periods are displayed before purchase or in the Account. Unless stated otherwise, fees are charged in advance.
9.2 If MONIT24 offers a Trial, its duration and conversion terms are those disclosed when the Trial is offered. A Trial may be modified, limited or withdrawn at any time before enrollment. MONIT24 may limit one Trial per person, payment method, household, organization, device or other reasonable anti-abuse criterion.
9.3 If the Trial offer expressly states that it converts to a paid subscription, and you provide the required authorization, the subscription will automatically begin and the applicable payment method will be charged at the end of the Trial unless you cancel before the stated deadline. If no automatic conversion is disclosed, the Trial will not convert automatically.
9.4 You authorize MONIT24 and its payment processors to charge the payment method you provide for fees, taxes and other amounts disclosed at checkout. Payment processing may be subject to separate terms of the payment provider.
9.5 Fees exclude applicable sales, use, value-added, goods-and-services, withholding and similar taxes unless the checkout states otherwise. You are responsible for taxes imposed on your purchase, except taxes based on MONIT24’s net income.
9.6 MONIT24 may change prices prospectively. For an existing automatically renewing paid subscription, a price increase will apply no earlier than the next renewal after any notice period required by applicable law and after reasonable advance notice.

10. Automatic Renewal, Cancellation and Refunds
10.1 If your checkout or plan states that the subscription renews automatically, your subscription will renew for successive Subscription Periods until canceled. Before obtaining authorization for recurring charges, MONIT24 will disclose the material renewal terms required by applicable law.
10.2 You may cancel an automatically renewing subscription using the cancellation method made available in your Account or another reasonably accessible method identified by MONIT24. Cancellation stops future renewals and ordinarily takes effect at the end of the then-current paid Subscription Period, unless applicable law requires an earlier effect.
10.3 Except where required by applicable law, fees already charged are non-refundable and MONIT24 does not provide credits for partial Subscription Periods, unused features, unused capacity or Customer-initiated cancellation.
10.4 If MONIT24 materially discontinues a prepaid paid Service for convenience before the end of the prepaid period and does not provide a reasonably comparable replacement, MONIT24 will refund the unused prepaid portion unless a different remedy is required by applicable law.
10.5 Failure of a payment may result in suspension or downgrade after any notice required by applicable law. Customer remains responsible for amounts validly incurred before termination.
10.6 Merely ceasing to use the Services, disabling monitors, removing monitored targets, failing to log in, or deleting an application or integration does not cancel a subscription. A subscription is canceled only through a cancellation method recognized under Section 10.2 or as otherwise required by applicable law.

11. Consumer Withdrawal and Mandatory Rights
11.1 If you are a Consumer, you may have statutory cancellation, withdrawal, conformity, refund, repair, price-reduction, termination or other rights under the law of your country or state. Nothing in these Terms excludes or limits rights that cannot lawfully be excluded or limited.
11.2 Where applicable law gives a Consumer a statutory cooling-off or withdrawal period, MONIT24 will honor that right. If you expressly request immediate performance of a digital service during a statutory withdrawal period, you may be required to pay a proportionate amount for service already supplied to the extent permitted by law.
11.3 Where the law permits loss of a withdrawal right for digital content or a fully performed service only after specific express consent and acknowledgement, the right is lost only if the legally required conditions have been satisfied.
11.4 Any statement in these Terms that fees are non-refundable, that rights are waived, or that a remedy is limited is subject to this Section 11.

12. Service Changes, Maintenance and Availability
12.1 MONIT24 may update, modify, replace, add, remove or discontinue features to improve the Services, address security or legal requirements, respond to technology or supplier changes, prevent abuse, or manage operational needs.
12.2 MONIT24 may perform scheduled or emergency maintenance and may temporarily suspend part or all of the Services where reasonably necessary. MONIT24 does not guarantee uninterrupted availability unless a separate signed SLA expressly provides otherwise.
12.3 For Consumers, material modifications to an ongoing digital service will be made only on a basis and with notices required by applicable mandatory law. Where mandatory law gives a Consumer a right to terminate because a modification negatively affects access to or use of the Service beyond a minor extent, that right is preserved.
12.4 MONIT24 may discontinue free features or a free plan at any time, subject to mandatory law. For paid subscriptions, Section 10.4 applies to a material discontinuation for convenience.
12.5 Subject to mandatory Consumer rights and the Privacy Policy, MONIT24 may change the technical architecture, hosting or infrastructure providers, monitoring locations, IP addresses, domains, software components, delivery methods, interfaces and other technical means used to provide the Services. Customer acquires no contractual right to continuation of any particular technical architecture, provider, monitoring location or implementation unless expressly stated in a separately signed agreement.

13. Third-Party Services and Dependencies
13.1 The Services may depend on telecommunications carriers, email providers, SMS or push providers, DNS, certificate authorities, cloud and hosting providers, Internet service providers, payment processors, APIs, integrations and other third-party products or services (“Third-Party Services”).
13.2 Third-Party Services are outside MONIT24’s control. To the maximum extent permitted by law, the MONIT24 Parties are not responsible for outages, delays, data loss, changed functionality, security incidents, discontinuation or other acts or omissions of Third-Party Services.
13.3 Integrations may be subject to additional third-party terms. You are responsible for maintaining any third-party accounts, permissions and credentials required for integrations you choose to enable.
13.4 Internet monitoring inherently depends on conditions outside MONIT24’s control, including routing and BGP behavior, peering, DNS resolution, certificate services, ISP policies, cloud and data-center availability, telecommunications networks, filtering, anti-abuse systems, WAF/CDN behavior and the monitored target itself. Such conditions may cause measurements from MONIT24 to differ from the experience of other users or locations.
13.5 MONIT24 is not responsible, to the maximum extent permitted by law, for a failure to deliver an alert or notification caused by an inaccurate recipient address or number, spam or security filtering, mailbox limits, carrier filtering, device settings, unavailable third-party messaging services, or other circumstances outside MONIT24’s reasonable control.

14. Beta, Preview, AI and Anomaly-Detection Features
14.1 Features identified as alpha, beta, preview, experimental, early access, AI-assisted, machine-learning or anomaly-detection features (“Preview Features”) may be incomplete, unstable, materially changed or discontinued without notice.
14.2 Preview Features may produce inaccurate, incomplete, misleading or unexpected outputs, including false positives and false negatives. Outputs must not be treated as authoritative security, compliance or forensic determinations.
14.3 To the maximum extent permitted by law, Preview Features are provided without service commitments and at Customer’s risk. MONIT24 may impose separate limits or terms on them.

15. Data Export, Switching and Post-Termination Access
15.1 MONIT24 may provide export functionality for certain Customer Content and configuration. You are responsible for exporting data you wish to retain before cancellation or termination unless mandatory law provides otherwise.
15.2 Except where mandatory law requires continued access or retrieval, Customer access may end when the Agreement terminates. MONIT24 has no general obligation to retain Customer Content after termination and may delete it in accordance with its retention practices and applicable law.
15.3 If and to the extent Chapter VI of the EU Data Act or another mandatory law on switching of data-processing services applies to a Customer, the following provisions apply notwithstanding any inconsistent general provision of these Terms. Customer may request, as applicable under mandatory law, switching to another provider, migration to Customer’s on-premises ICT infrastructure, or erasure of Exportable Data and digital assets. During any mandatory transitional period, MONIT24 will, to the extent required by applicable law: (a) provide reasonable assistance to Customer and third parties authorized by Customer in the switching process; (b) act with due care to maintain business continuity and continue providing the functions and Services covered by the Agreement; (c) provide clear information concerning known risks to continuity in the provision of such functions or Services; and (d) maintain a high level of security throughout the switching process, including the security of data during transfer and the continued security of data during any applicable retrieval period.
Where required by applicable law, MONIT24 will notify Customer when the switching process has been successfully completed. Where Customer elects erasure instead of switching, termination and erasure will occur following the applicable notice period and in accordance with mandatory law. The Agreement will be considered terminated at the time required by applicable law for the switching or erasure option selected by Customer.
where applicable, the maximum notice period for initiation of switching will not exceed two months, and the mandatory maximum transition period will be 30 calendar days unless technically infeasible or lawfully extended;
if the mandatory maximum transitional period is technically unfeasible, MONIT24 may apply an alternative transitional period to the extent permitted by applicable law and will, where required by law, notify Customer within 14 working days after the switching request, provide the required justification of technical unfeasibility, and indicate an alternative transitional period not exceeding seven months;
Customer may exercise any statutory right to extend the transition period once where the applicable law provides such a right;
after the applicable transition period, MONIT24 will make exportable data and digital assets available for retrieval for at least 30 calendar days where required by law;
after the applicable retrieval period and successful switching, MONIT24 will erase exportable data and digital assets as required by applicable law, subject to legal retention obligations, backup-cycle limitations permitted by law, security requirements and data that MONIT24 may lawfully retain;
MONIT24 will not impose switching charges except to the extent expressly permitted by applicable law. Where applicable law prohibits switching charges, no such charges will be imposed. Fees may apply to optional professional, consulting, integration, migration or other services requested by Customer that are additional to the switching assistance MONIT24 is required to provide without charge under applicable law.
15.4 Exportable Data and Digital Assets. Where and to the extent Chapter VI of the EU Data Act applies to the Services, the data and digital assets available for switching, porting or retrieval (“Exportable Data”) comprise, to the extent applicable to Customer’s use of the Services and technically available within the relevant Service: (a) data, content, configurations, settings and other information provided or uploaded by Customer; (b) monitoring targets, endpoints, scenarios, parameters, schedules, thresholds and notification configurations created or configured by Customer; (c) monitoring measurements, test results, availability and performance records, alerts, events, findings, reports and other outputs generated through Customer’s use of the Services; and (d) metadata and other data directly or indirectly generated or co-generated through Customer’s use of the Services that constitute exportable data or digital assets under applicable law.
15.5 Excluded Data and Digital Assets. Exportable Data does not include, except to the extent applicable law expressly requires otherwise: (a) MONIT24 software, source code, object code, algorithms, models, detection logic, scoring methods, rules, methodologies, templates or other proprietary technology; (b) internal operational, diagnostic, security, anti-abuse, fraud-prevention, infrastructure or service-management data; (c) data or digital assets protected by intellectual-property rights or trade secrets of MONIT24 or third parties where disclosure is not required by applicable law; (d) data relating to other customers or third parties that MONIT24 is not legally permitted to disclose; or (e) data whose disclosure or transfer would create a material security risk or is otherwise excluded from switching or export obligations under applicable law.
15.6 Switching and Exit Assistance. Where Chapter VI of the EU Data Act applies, MONIT24 will, upon Customer’s request and subject to applicable law, reasonably cooperate with Customer’s documented switching or exit strategy and provide the assistance required by applicable law to enable Customer to switch to another data processing service, migrate to Customer’s own infrastructure where applicable, or retrieve Exportable Data. MONIT24 is not required to develop custom migration functionality, disclose proprietary technology or trade secrets, provide services beyond those required by applicable law, or perform professional migration, integration or consulting services unless separately agreed.
15.7 Formats and Technical Feasibility. Exportable Data will be made available using the export mechanisms, interfaces and commonly used or machine-readable formats supported by the Services at the relevant time, to the extent required by applicable law. MONIT24 may determine the reasonable technical method of export or transfer, provided that doing so does not materially impair any non-waivable switching right under applicable law.
15.8 Mandatory Data Act Rights. The provisions of this Section are intended to implement applicable switching, porting, retrieval and exit rights under Chapter VI of the EU Data Act. If the EU Data Act requires MONIT24 to provide any category of data, digital asset, assistance, information, functionality, transition period, retrieval period, deletion mechanism or other switching right not expressly identified in this Section, MONIT24 will provide it to the extent and for the period required by applicable law. Nothing in this Section limits any right that cannot lawfully be limited or excluded.
15.9 Personal-data rights are addressed separately in the Privacy Policy and any applicable data-processing terms.

16. Privacy
16.1 MONIT24’s processing of personal data is described in the Privacy Policy published on the MONIT24 website, as updated from time to time in accordance with applicable law.
16.2 Where Customer uses the Services to process personal data on behalf of another person or entity and applicable law requires additional data-processing terms, those terms may be provided separately and form part of the Agreement when applicable.
16.3 These Terms do not expand MONIT24’s rights to process personal data beyond the Privacy Policy, applicable data-processing terms and applicable law.

17. Suspension and Termination
17.1 You may stop using the Services at any time and may cancel a subscription as described in Section 10.
17.2 MONIT24 may suspend or restrict access immediately, in whole or in part, where MONIT24 reasonably believes that:
payment is overdue or cannot be collected;
the Account or Services are being used unlawfully, fraudulently or in material breach of the Agreement;
use creates or may create a security, integrity, availability, legal, regulatory, reputational or operational risk;
suspension is required by law, court order, regulator, sanctions obligation or a provider on whom the Services materially depend;
immediate action is reasonably necessary to protect any person, system or third party from harm.
17.3 MONIT24 may also suspend or modify a monitor without advance notice where MONIT24 reasonably believes the monitor is unauthorized, causes or may cause excessive load, triggers abuse or security complaints, threatens IP or domain reputation, risks blacklisting, violates a target operator’s restrictions, or otherwise creates material risk to MONIT24, a MONIT24 Party, the monitored target or a third party.
17.4 Where reasonable and legally permitted, MONIT24 will give notice of suspension and an opportunity to cure a remediable breach. No advance notice is required for urgent security, legal, fraud, abuse or non-payment situations where delay would create material risk.
17.5 MONIT24 may terminate the Agreement for material breach if the breach is incapable of cure or is not cured within a reasonable period stated in notice. MONIT24 may terminate a free Account or free Service for convenience on reasonable notice.
17.6 MONIT24 may terminate a paid Service for convenience on reasonable advance notice; if termination takes effect before the end of a prepaid period, Section 10.4 applies.
17.7 Sections that by their nature should survive termination, including intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, governing law and general provisions, survive termination.

18. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”.
THE MONIT24 PARTIES DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, REPRESENTATIONS AND CONDITIONS, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, COMPATIBILITY, ERROR-FREE OPERATION AND RESULTS.
18.1 Without limiting Section 5, the MONIT24 Parties do not warrant that the Services will meet your requirements, operate without interruption, detect or prevent any event, deliver every notification, be free of vulnerabilities or harmful components, preserve every item of data, or produce accurate, complete or timely results.
18.2 No oral or written information or advice creates a warranty unless expressly stated in a separately signed agreement by an authorized representative of MONIT24.
18.3 Some jurisdictions do not permit exclusion of certain warranties. In those jurisdictions, the exclusions apply only to the maximum extent permitted by law, and mandatory Consumer guarantees and conformity rights remain unaffected.

19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MONIT24 PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION, DATA OR USE; BUSINESS INTERRUPTION; COST OF SUBSTITUTE SERVICES; OR THIRD-PARTY CLAIMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FOREGOING EXCLUSION INCLUDES DAMAGES ARISING FROM OR RELATING TO AN OUTAGE; PERFORMANCE DEGRADATION; MISSED, DELAYED, DUPLICATED OR INCORRECT ALERT; FALSE POSITIVE; FALSE NEGATIVE; FAILURE TO DETECT, IDENTIFY, PREVENT OR REPORT AN EVENT; SECURITY INCIDENT; CYBERATTACK; MALWARE; UNAUTHORIZED ACCESS; DATA LOSS OR CORRUPTION; THIRD-PARTY SERVICE FAILURE; OR A DECISION MADE OR NOT MADE IN RELIANCE ON THE SERVICES.
19.1 For a Business User, to the maximum extent permitted by law, the aggregate liability of the MONIT24 Parties for all claims arising out of or relating to the Services or Agreement will not exceed the lesser of: (a) the amount actually paid by Customer to MONIT24 for the Services giving rise to the claim during the three months immediately preceding the event giving rise to liability; or (b) USD 100. If the Business User paid nothing for the applicable Services, aggregate liability will not exceed USD 10.
19.2 For a Consumer, to the maximum extent permitted by law, the aggregate liability of the MONIT24 Parties for all claims arising out of or relating to the Services or Agreement will not exceed the greater of: (a) the amount actually paid by the Consumer to MONIT24 for the Services giving rise to the claim during the three months immediately preceding the event giving rise to liability; or (b) USD 100.
19.3 The limitations in this Section apply cumulatively to all claims and all MONIT24 Parties, regardless of whether liability is asserted in contract, tort (including negligence), strict liability, statute or otherwise, and regardless of whether a remedy fails of its essential purpose.
19.4 FOR THE AVOIDANCE OF DOUBT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS EXPRESSLY APPLY TO CLAIMS ARISING FROM OR RELATING TO THE ORDINARY NEGLIGENCE OF MONIT24 OR ANY OTHER MONIT24 PARTY, INCLUDING THEIR OWN ACTS OR OMISSIONS.
19.5 The limitations in this Section are intended to allocate the risks between Customer and the MONIT24 Parties, including risks resulting from ordinary negligence, and form an essential basis of the bargain between the parties.
19.6 Nothing in the Agreement excludes or limits liability to the extent such exclusion or limitation is prohibited by applicable law. Depending on applicable law, this may include liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, intentional misconduct, gross negligence where non-waivable, or mandatory Consumer rights and statutory remedies.
19.7 The parties acknowledge that the fees reflect the allocation of risk in these Terms and that MONIT24 would not provide the Services on the same economic terms without these disclaimers and limitations.

20. Indemnification
20.1 If you are a Business User, you will defend, indemnify and hold harmless the MONIT24 Parties from and against third-party claims, proceedings, damages, losses, liabilities, penalties, costs and reasonable legal fees arising from or relating to: (a) Customer Content; (b) Customer’s or an Authorized User’s unlawful or unauthorized use of the Services; (c) Customer’s monitoring, scanning, testing or access to a system without sufficient authorization; (d) infringement or violation of third-party rights by Customer Content or Customer’s use; or (e) Customer’s material breach of Sections 7 or 8.
20.2 MONIT24 will provide reasonable notice of an indemnified claim where practicable. MONIT24 may control the defense and settlement, provided it will not enter a settlement that admits fault by Customer or imposes a non-monetary obligation on Customer without Customer’s consent, not to be unreasonably withheld.
20.3 If you are a Consumer, this Section applies only to the extent permitted by applicable law and only to third-party claims resulting from your intentional unlawful misuse of the Services or infringement of third-party rights.
21. Release and Allocation of Risk
21.1 To the maximum extent permitted by law, you are responsible for disputes between you and third parties arising from systems you choose to monitor, third-party integrations, your configuration, or your use of monitoring results.
21.2 The MONIT24 Parties are intended third-party beneficiaries of Sections 5, 13, 18, 19, 20, 21, 22, 23 and 27 and may invoke those protections directly to the extent permitted by applicable law. No other person is a third-party beneficiary of the Agreement unless expressly stated.
21.3 The protections afforded to the MONIT24 Parties do not disclose or imply the identity, location, corporate relationship or role of any particular supplier, licensor, subcontractor or technology provider.
22. U.S. Dispute Resolution: Arbitration and Class-Action Waiver

22.1 Scope. If your primary residence or principal place of business is in the United States, you and MONIT24 agree that, except for the matters expressly excluded below, any dispute, claim or controversy arising out of or relating to the Agreement, the Services, marketing, billing, cancellation, privacy-related contractual claims, or the relationship between you and MONIT24 will be resolved by binding individual arbitration rather than in court.
22.2 Informal resolution first. Before filing arbitration, the claimant must send a written notice describing the dispute, requested relief and sufficient account-identifying information to contact@monit24.com and allow 30 days for good-faith informal resolution. This requirement does not prevent either party from seeking urgent relief where delay would cause irreparable harm or where applicable law prohibits a pre-filing requirement.
22.3 Arbitration rules and administrator. Arbitration will be administered by the American Arbitration Association (“AAA”) under the AAA rules applicable to the dispute, including the Consumer Arbitration Rules for Consumers and the Commercial Arbitration Rules for Business Users, as modified by this Agreement. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
22.4 Remote proceedings. To minimize cost and travel, arbitration will ordinarily be conducted by videoconference, telephone or written submissions, at the claimant’s election where the applicable AAA rules permit. An in-person hearing will occur only if required by applicable law, agreed by the parties, or determined necessary by the arbitrator. For a Consumer, any in-person venue will be selected consistently with applicable consumer-arbitration rules and law.
22.5 Small claims and public injunctive relief. Either party may bring an individual claim in a small-claims court of competent jurisdiction if the claim qualifies and remains individual. Nothing in this Section waives a right to seek public injunctive relief in court where applicable law makes that right non-waivable.
22.6 CLASS-ACTION WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND MONIT24 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE OR PRIVATE-ATTORNEY-GENERAL PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY’S INDIVIDUAL CLAIM, EXCEPT WHERE APPLICABLE LAW REQUIRES OTHERWISE.
22.7 Arbitration fees. Fees will be allocated under the applicable AAA rules and mandatory law. MONIT24 will pay or reimburse arbitration fees to the extent required for enforceability or by applicable consumer-arbitration rules.
22.8 Opt-out. You may opt out of this arbitration agreement by sending an email to contact@monit24.com within 30 days after you first accept a version of these Terms containing this arbitration provision. The notice must state that you opt out of arbitration and include the email address associated with your Account. Opting out will not affect your access to the Services.
22.9 Severability of arbitration terms. If the class-action waiver is found unenforceable as to a particular claim or request for relief, that claim or request will proceed in a court of competent jurisdiction while arbitrable claims remain in arbitration, to the extent permitted by law. If the arbitration agreement is otherwise unenforceable, Section 23 applies.

23. Governing Law and Non-U.S. Disputes
23.1 The Agreement and any dispute, claim or controversy arising out of or relating to it or the Services are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-laws principles, except to the extent mandatory applicable law requires otherwise.
23.2 If you are a Consumer, this choice of law does not deprive you of protection afforded by mandatory provisions of the law of your country or state of habitual residence that cannot lawfully be excluded or varied by agreement.
23.3 Except for disputes subject to Section 22, and except where mandatory Consumer law gives you a right to bring or defend proceedings elsewhere, the state and federal courts located in Wyoming will have exclusive jurisdiction over disputes arising out of or relating to the Agreement or Services, and each party consents to personal jurisdiction there.
23.4 Nothing in the Agreement prevents MONIT24 from seeking injunctive or protective relief in any court of competent jurisdiction to protect intellectual property, confidential information, systems, security or against unlawful use, where such relief is legally available.
23.5 If a mandatory law or treaty grants a Consumer the right to sue MONIT24 or be sued only in courts of the Consumer’s domicile or habitual residence, that mandatory rule controls notwithstanding Section 23.3.

24. Changes to These Terms
24.1 MONIT24 may update these Terms to reflect changes in the Services, business practices, technology, security needs, applicable law, regulatory guidance, third-party dependencies, pricing structure or risk allocation.
24.2 Material changes will be notified in a manner reasonably calculated to reach affected Customers, such as by email, Account notice or website notice, before they take effect where required by law. Changes required urgently for security, fraud prevention, legal compliance or to address an immediate operational risk may take effect sooner where permitted by law.
24.3 If a change materially and adversely affects an existing paid subscription and applicable mandatory law gives you a right to terminate, that right is preserved. Otherwise, continued use after the effective date of updated Terms constitutes acceptance to the extent permitted by law.
24.4 The version in effect when a claim arises governs that claim, subject to applicable law. MONIT24 will identify the effective date of each published version.

25. Electronic Communications and Notices
25.1 You consent to receive contractual, billing, security, service and other non-marketing communications electronically, including by email, Account notice or other electronic means associated with the Services, to the extent permitted by law.
25.2 You are responsible for maintaining a current email address and for configuring email systems so that operational notices can be received. Marketing communications are governed separately by applicable law and the Privacy Policy.
25.3 Notices to MONIT24 under the Agreement may be sent to contact@monit24.com unless a specific provision requires another method. Legal notices may also be sent by mail to MONIT24 LLC, 30 N Gould St, STE R, Sheridan, Wyoming 82801, USA.

26. Export Controls, Sanctions and Geographic Restrictions
26.1 You may not access or use the Services in violation of U.S. export-control, sanctions or trade-restriction laws or other applicable trade laws. You represent that you are not prohibited from receiving the Services under applicable sanctions or export laws.
26.2 MONIT24 may restrict or terminate access where reasonably necessary to comply with sanctions, export controls, payment restrictions, legal requirements or material provider restrictions, without liability except for any refund expressly required by applicable law.

27. General Provisions
27.1 Entire agreement. The Agreement is the entire agreement between you and MONIT24 concerning the Services and supersedes prior or contemporaneous understandings concerning the same subject, except for a separately signed agreement that expressly overrides these Terms.
27.2 Assignment. You may not assign or transfer the Agreement without MONIT24’s prior written consent. MONIT24 may assign or transfer the Agreement, in whole or in part, to an affiliate or in connection with a merger, reorganization, financing, sale of assets, change of control or transfer of the relevant business, subject to mandatory Consumer law.
27.3 Subcontracting. MONIT24 may delegate performance to affiliates, licensors, technology providers, infrastructure providers, subcontractors and other service providers, while remaining responsible only to the extent required by the Agreement and applicable law.
27.4 Force majeure. To the maximum extent permitted by law, MONIT24 is not liable for delay or failure caused by events beyond its reasonable control, including Internet or telecommunications failures, widespread routing or BGP disruption, DNS failures, cloud or data-center failures, utility failures, acts or omissions of upstream providers, denial-of-service attacks, cyberattacks or security incidents not reasonably preventable, labor disputes, natural disasters, epidemics, war, terrorism, civil unrest, governmental or regulatory action, sanctions, embargoes, changes in law, or other force-majeure events.
27.5 No waiver. Failure to enforce a provision is not a waiver. A waiver is effective only if in writing and applies only to the specific instance stated.
27.6 Severability and reformation. If any provision is prohibited or unenforceable, it will apply to the maximum extent permitted by law and will be interpreted, limited or severed only to the minimum extent necessary, without affecting the remaining provisions.
27.7 Headings. Headings are for convenience only and do not limit interpretation.
27.8 Language. The English-language version is the controlling version of the Agreement to the extent permitted by law. If applicable law requires a local-language version or gives a translated version controlling effect, that mandatory rule prevails.
27.9 No partnership or agency. The Agreement does not create a partnership, joint venture, employment, fiduciary or agency relationship between Customer and MONIT24.
27.10 Interpretation. “Including” means “including without limitation.” References to writing include legally valid electronic communications. Singular includes plural where context permits.
27.11 Mandatory-law savings clause. Nothing in these Terms excludes, restricts or modifies any right, remedy, guarantee, warranty, liability or protection that cannot lawfully be excluded, restricted or modified. Where a provision conflicts with mandatory law, the mandatory law controls only to the extent of the conflict, and the remainder of the provision and Agreement remains effective to the maximum extent permitted.

28. Contact
Questions, notices or complaints concerning these Terms or the Services may be sent to:
MONIT24 LLC
30 N Gould St, STE R
Sheridan, Wyoming 82801
United States
Email: contact@monit24.com