Legal

Terms of Service

Version 1.3 · Last updated 3 October 2026

These Terms of Service outline the rules and responsibilities for using the Uptime Beacon platform. The Contract is formed as set out in clause 3.1 between you (the Client) and us (Wealth Beacon OÜ, the company that operates Uptime Beacon).

Please read these Terms of Service carefully. By accepting these Terms of Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, then please do not access or use the Platform and the Services.

The definitions and terms defined below keep their meaning through these Terms of Service, regardless of whether they are capitalised in the sentence.

1. Definitions and terms

  • Billing Period: the period for which a paid Plan is subscribed and paid in advance. It is monthly or annual, or as otherwise agreed in writing.
  • Client Account: a profile connected to a specific individual for use of the Platform, which is used to identify that individual, provide the Services, and change and save settings.
  • Client/ You: a person who has entered into the Contract with us. Where the Platform is used on behalf of an organisation, the Client is that organisation.
  • Consumer: a natural person who enters into the Contract for purposes outside their trade, business, craft or profession.
  • Content(s): the data and other materials added by the Client (such as monitor and alert settings and status page texts).
  • Contract: an agreement for the use of the Platform and Services concluded between us and the Client.
  • Customer Status Page: a status page the Client publishes through the Platform, publicly or privately.
  • Legal Acts: any applicable statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgement, decree, other requirements, or rule of law, including any privacy and data protection laws.
  • Malware: any thing or device (including any software, code, file, or program) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network, or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by rearranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses, malware, and other similar things or devices.
  • Monitored Target: any address, service or resource that the Client configures the Platform to check or monitor.
  • Party or Parties: in singular, either we or the Client, depending on the context, in plural both.
  • Plan: a package of the Platform with the features, limits, history period and fees shown when the Client subscribes, or agreed in writing, subject to changes under these Terms of Service.
  • Platform: the Uptime Beacon web application, its API, the Probes, Customer Status Pages, and related services.
  • Privacy Policy: a policy that explains how we process personal data, available at uptimebeacon.eu/privacy-policy.
  • Probe: a server operated by us or for us which performs checks on Monitored Targets.
  • Service(s): the various features offered by the Platform.
  • Service Status Page: a web page, where available, on which we provide information about the availability of the Platform and Services.
  • Team: a workspace in the Platform to which a Plan, billing and Content belong, and to which several Client Accounts may belong.
  • Vulnerability: a weakness in the computational logic (for example, code) found in software and hardware components that when exploited, results in a negative impact to the confidentiality, integrity, or availability, and the term Vulnerabilities shall be construed accordingly.
  • We/ Uptime Beacon/ Our/ Us: Wealth Beacon OÜ (registered in the Estonian Commercial Register under registry code 16889317, VAT number EE102692840, address: Teaduse 17-10, Saku 75501 Harjumaa, Estonia, telephone: +372 5190 1410, email: legal@uptimebeacon.eu), the operator of the Uptime Beacon Platform.
  • Web Site: all the domains (like uptimebeacon.eu and other websites with the name "uptimebeacon" registered under various top-level domains) and the web documents available via their subdomains (including images, videos, code files, etc.) that belong to us.

2. The Platform and Services

  1. 2.1.The Platform is software for monitoring websites, services and infrastructure, alerting the Client about problems it detects, publishing status pages, and related features.
  2. 2.2.The Platform is designed for businesses and professionals, such as small companies and independent developers. Individuals may also use it. Where the Client is a Consumer, the mandatory provisions of consumer protection law apply, and prevail over these Terms of Service where they give the Consumer more rights. A Consumer has the statutory rights for a digital service that does not conform to the Contract, such as having it brought into conformity, a price reduction or ending the Contract, and nothing in these Terms of Service limits those rights.
  3. 2.3.In order to utilise the full functionality of the Platform, the Client must create a Client Account, have adequate access to the internet, and use a compatible web browser.

3. The Contract: entry and termination

  1. 3.1.The Contract shall be deemed to be concluded when:
    1. 3.1.1.the Client creates a Client Account on the Platform and, by ticking the box provided for it, agrees to the Terms of Service and confirms that they have familiarised themselves with the Privacy Policy; or
    2. 3.1.2.the Client accepts the Terms of Service in writing, for example in a written order, and confirms that they have familiarised themselves with the Privacy Policy.
  2. 3.2.The Client shall thoroughly familiarise themselves with the Terms of Service and the Privacy Policy before entry into the Contract, and, upon our request, confirm that they have done so.
  3. 3.3.Upon concluding the Contract, the Client shall verify, represent and warrant that:
    1. 3.3.1.all the data and confirmations that the Client has submitted or given are accurate, correct, complete and relevant;
    2. 3.3.2.the individual entering into the Contract has full legal capacity and is at least 18 years old, and has authority to bind the Client if acting for an organisation.
  4. 3.4.The correctness of the representations set out in clause 3.3 is assumed and we shall not be obligated to, but may, verify them.
  5. 3.5.The Contract continues for an indefinite term until either Party terminates it. The Client may terminate it at any time through the Platform or by email to legal@uptimebeacon.eu. Deleting an individual Client Account does not by itself terminate a Contract with an organisation or remove Content that the organisation is entitled to retain. We may terminate it by giving the Client at least 14 days' notice by email, without prejudice to clauses 3.7, 3.9 and 11.3.
  6. 3.6.A paid subscription renews automatically for successive Billing Periods until either Party cancels it through the Platform or by email, including while the Team exceeds the limits of a Free Plan. Cancellation takes effect at the end of the current Billing Period, unless another right of termination applies. The effective date and any charges or credits for a change of Plan or Billing Period are shown before the Client confirms it, or agreed in writing. When a paid subscription ends, the Team moves to an available Plan without a subscription fee (a Free Plan), if one applies to it. Services may then be paused or limited to that Plan's limits, and saved Content is kept subject to the applicable retention rules. Otherwise, the Contract ends for that Team, and clause 3.8 and Appendix 1 apply.
  7. 3.7.Either Party has the right to unilaterally cancel the Contract without notice if the other Party breaches the terms of this Contract and has not remedied the breach within an additional reasonable period of time given to remedy the breach.
  8. 3.8.On termination or expiry of the Contract, we may disable access and delete Content as described in the Privacy Policy and Appendix 1, subject to applicable rights to retrieve Content. The Client should request any copy they need before termination.
  9. 3.9.We shall have the right to unilaterally cancel the Contract immediately, without prior notice, where the following circumstances give serious grounds for immediate termination under applicable Legal Acts:
    1. 3.9.1.the Client has submitted false information about the Client;
    2. 3.9.2.it becomes evident that the person who has used the Platform, Services, or Client Account in the name of the Client has no right of representation to act on behalf of the Client;
    3. 3.9.3.bankruptcy of the Client has been declared, or compulsory dissolution or liquidation has been initiated against the Client;
    4. 3.9.4.the Client causes us damage;
    5. 3.9.5.the Client causes any Vulnerabilities or allows entry of Malware to the Platform;
    6. 3.9.6.other grounds apply as specified in the Contract or the Legal Acts.

4. Client's responsibilities

  1. 4.1.The Client is to ensure that the functions of the Platform and Services are in accordance with their needs and meet their technical, organisational, legal, privacy, and practical requirements, and that using the Platform is in accordance with any Legal Acts applicable to the Client.
  2. 4.2.Clients agree not to use the Platform for illegal purposes or to build a competing service.
  3. 4.3.The Client may not:
    1. 4.3.1.use the Platform to the extent that they do not agree with the Terms of Service;
    2. 4.3.2.use the Platform in any way that is not in compliance with Legal Acts;
    3. 4.3.3.use the Platform to build or support a competing product or service;
    4. 4.3.4.allow or suffer any Client Account to be used by more than one individual;
    5. 4.3.5.attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform in any form or media or by any means;
    6. 4.3.6.attempt to decompile, reverse compile, disassemble, reverse engineer or otherwise reduce to the human-perceivable form of all or any part of the Platform;
    7. 4.3.7.use the Platform to check Monitored Targets that the Client does not own or operate and is not authorised by their owner or operator to monitor;
    8. 4.3.8.use the Platform for load testing, stress testing, denial of service, or any other activity that places an unreasonable load on a Monitored Target or on the Platform;
    9. 4.3.9.include passwords, API keys or other secrets in the address of a Monitored Target or elsewhere in the Content, except in the fields the Platform provides for them;
    10. 4.3.10.publish on a Customer Status Page content that is unlawful, misleading, or infringes the rights of others.
  4. 4.4.If the owner or operator of a Monitored Target complains to us about checks against it, we may pause the monitors concerned and ask the Client to show that they are authorised to run them.
  5. 4.5.The Client is responsible for everyone it invites to its Team and for all use of its Client Accounts, access credentials and Content, and actions taken through an application connected to a Client Account count as the Client's own actions and instructions. Credentials issued to a Team, such as API tokens, belong to the Team and keep working after the Client Account that created them is deleted, until they are revoked in the Team's settings. This does not make the Client responsible for unauthorised use caused by our breach of the Contract.
  6. 4.6.A Client who is not a Consumer shall compensate us for claims, damages and reasonable costs, and fines to the extent lawfully recoverable, arising from its Content, from checks on Monitored Targets it was not authorised to monitor, or from its breach of clause 4.

5. Our rights and obligations

  1. 5.1.We shall use commercially reasonable efforts to provide and secure the Platform and Services. We may develop, modify or replace their technical implementation and functionality, subject to the Contract, clauses 5.4 and 5.5, and mandatory Legal Acts.
  2. 5.2.The Client takes into consideration and agrees that we may:
    1. 5.2.1.impose restrictions on the use of some parts or functionalities of the Platform and Services;
    2. 5.2.2.suspend or terminate the provision of the Services and the Platform and close any of its parts. In the case of closing the Platform, we shall give the Client at least 14 days' notice to terminate the Contract, and refund under clause 7.7.1;
    3. 5.2.3.refuse to offer or provide access to the Platform to any Client.
  3. 5.3.We may change these Terms of Service in accordance with clauses 5.4 and 5.5. We will publish the updated wording on the Web Site.
  4. 5.4.We will notify you of any updates to our Terms of Service or to our fees on our Web Site and through a direct message to the email address of your Team's owner at least 14 days before they take effect. A new fee applies from the first Billing Period that begins after the notice period. If you disagree with these changes, you may end the Contract before they take effect, and we will refund the fees you have prepaid for the unused part of the Billing Period. If you do not end the Contract before the changes take effect, you are deemed to have accepted them. Where the Client is a Consumer, clause 5.5 also applies, and silence does not replace express agreement where Legal Acts require it.
  5. 5.5.For Consumers, changes require a valid reason, such as compliance with Legal Acts, addressing security risks, adapting to changes in third-party technology, or changes in the cost of providing the Services. Changes to the digital service beyond those needed to maintain conformity are made without additional cost and explained clearly. If a change has more than a minor negative effect on access or use, we will give reasonable advance notice by email of its nature, timing and the right to terminate. The Consumer may terminate free of charge within 30 days after receiving that notice or the change taking effect, whichever is later, with a refund under clause 7.7.1. This additional right does not apply if we offer continued use of the unchanged, conforming service without additional cost. Mandatory rights, including required updates and remedies for non-conformity, remain unaffected.
  6. 5.6.We have the right to stop providing a service without affecting your overall subscription and still charge the full fee if any of the following occurs:
    1. 5.6.1.you break the contract terms and don't fix the issue within 7 days after we notify you;
    2. 5.6.2.continuing our service to you could create security risks caused by you, your systems or your Content;
    3. 5.6.3.continuing the service would break Legal Acts or infringe on someone else's rights;
    4. 5.6.4.the owner or operator of a Monitored Target has complained under clause 4.4, and you have not shown that you are authorised to monitor it.

6. Disclaimer, legal remedies and liabilities

  1. 6.1.UPTIME BEACON PROVIDES THE PLATFORM "AS IS". BEYOND WHAT'S STATED IN THE TERMS OF SERVICE, WE DON'T MAKE ANY EXTRA PROMISES OR COMMITMENTS ABOUT THE PLATFORM'S SPECIFIC FUNCTIONS, LEGAL COMPLIANCE, SUITABILITY FOR A PARTICULAR PURPOSE, RELIABILITY, AVAILABILITY, OR FIT FOR YOUR NEEDS, UNLESS AGREED DIFFERENTLY IN WRITING.
  2. 6.2.TO THE EXTENT ALLOWED BY LAW, WE'RE ONLY LIABLE FOR OUR OWN FAULTY ACTIONS OR FAILURES TO ACT. OUR TOTAL LIABILITY IS LIMITED TO EITHER THE FEES YOU'VE PAID US FOR THE PLATFORM OVER THE LAST 3 MONTHS BEFORE THE DAMAGE OCCURRED, OR THE ACTUAL DAMAGES, WHICHEVER IS LOWER. WE WON'T BE LIABLE FOR LOST PROFITS, ECONOMIC DAMAGES, NON-MATERIAL DAMAGES, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, UNLESS THE LAW REQUIRES OTHERWISE. WE'RE ALSO NOT RESPONSIBLE FOR ISSUES LIKE:
    1. 6.2.1.the Platform not working in certain web browsers;
    2. 6.2.2.Contents added by you that don't comply with the Contract or legal standards;
    3. 6.2.3.your processing of personal data on the Platform that violates Legal Acts;
    4. 6.2.4.situations beyond our control, like internet outages, hosting issues, or utility interruptions;
    5. 6.2.5.errors or inappropriate settings on your devices;
    6. 6.2.6.delays or interruptions during maintenance or development work;
    7. 6.2.7.actions we take to stop or fix violations of Legal Acts or the Contract;
    8. 6.2.8.legal actions we take that might cause you or others damage;
    9. 6.2.9.loss of your account password or unauthorised third-party access;
    10. 6.2.10.Vulnerabilities or Malware issues caused by you;
    11. 6.2.11.actions taken by services and applications you connect to the Platform, and how their providers handle the data they receive.
  3. 6.3.The limitations in clause 6.2 do not apply to damage we cause intentionally or through gross negligence, to damage resulting from death or harm to health, or where Legal Acts do not allow liability to be limited.
  4. 6.4.This Platform is a monitoring tool. It helps the Client notice problems, but it does not guarantee that every outage, error or expiry will be detected, or that every alert will be delivered, or delivered on time. The Client should not rely on the Platform as their only safeguard where a missed alert could cause serious harm.
  5. 6.5.We're not responsible for the success or feasibility of any data migration, import, or export you undertake.
  6. 6.6.THE PLATFORM MAY NOT ALWAYS BE UNINTERRUPTED OR ERROR-FREE, AND WE CAN'T GUARANTEE IT WILL MEET ANY SPECIFIC REQUIREMENTS UNLESS WE'VE AGREED TO THIS IN WRITING. WE'RE NOT RESPONSIBLE FOR ANY ISSUES CAUSED BY INTERNET DELAYS OR DATA TRANSFER PROBLEMS.
  7. 6.7.Data on the Platform is not guaranteed to be real-time. Results and how current they are depend on the Plan, the monitor's settings, network conditions and the technical solution used to implement each Service.

7. Platform usage fee and payment

  1. 7.1.We reserve the right to set fees for using the Platform. These fees will be displayed on our Web Site or provided upon request. Clients can select the Plan that best suits their needs for Platform usage.
  2. 7.2.Clients must pay for using the Platform according to the price list on our Web Site, considering their chosen Plan, any additional features (add-ons), and other conditions.
  3. 7.3.Payments for Platform use are based on periodic prepayment. This means Clients pay in advance for each upcoming Billing Period, as shown before subscription or otherwise agreed in writing. Payment is made through our third-party payment processor at the start of each Billing Period. Where we agree to invoice a Client, invoices issued by us for Platform use must be paid within 10 days. Late payments by a Client who is not a Consumer incur interest of 0.5% per day. Late payments by a Consumer incur interest at the statutory rate under § 113(1) of the Estonian Law of Obligations Act.
  4. 7.4.We offer a Free Plan with the limits shown on the Web Site. The Free Plan has no fee and no fixed term. We may change or withdraw the Free Plan by notifying the Clients who use it at least 14 days in advance. We may delete an inactive Client Account that belongs only to Teams on the Free Plan, as set out in the Privacy Policy, after warning the Client by email at least 30 days in advance.
  5. 7.5.RECURRING PAYMENTS. BY SELECTING A RECURRING PAYMENT METHOD, THE CLIENT AUTHORISES US AND OUR PAYMENT PROCESSOR TO COLLECT THE AGREED FEES USING THAT METHOD FOR EACH BILLING PERIOD UNTIL THE SUBSCRIPTION IS CANCELLED. CHANGES TO FEES ARE SUBJECT TO CLAUSE 5.4.
  6. 7.6.Except as set out in clause 7.7 or required by mandatory Legal Acts, any prepayments made to us are non-refundable, including in situations such as:
    1. 7.6.1.if the Client doesn't use the Platform during the prepaid period or only uses it partially;
    2. 7.6.2.if the Client switches to a different Plan of the Platform;
    3. 7.6.3.if the Client ends the contract on their own, either under the terms of the service or according to applicable law, without us having significantly breached the contract and given a reasonable opportunity to fix any notified breach;
    4. 7.6.4.if we end the Contract, or restrict, suspend or block the Client's access, because the Client has breached the Contract or abused the Platform, including under clauses 3.7, 3.9, 5.6, 11.2 and 11.3.
  7. 7.7.We refund:
    1. 7.7.1.the fees prepaid for the unused part of the Billing Period, if we end the Contract or the paid subscription, or stop providing the paid Plan under clause 5.2, without the Client being at fault, if we close the Platform, or if the Client ends the Contract under clause 5.4 or 5.5 because they do not accept a change;
    2. 7.7.2.the full payment, if a Consumer withdraws from a paid subscription under clause 12.
    Refunds are paid to the original means of payment, unless otherwise lawfully agreed. Any further statutory rights to a refund or price reduction remain unaffected.
  8. 7.8.If a Client doesn't pay within the due date, we have the right to restrict their access to the Platform and stop providing services. During this time, we still have the right to charge fees for the period when these restrictions are in place. We will inform the Client by email when we restrict access due to non-payment.
  9. 7.9.Business prices exclude VAT and other applicable taxes unless stated otherwise. For Consumers, the total price including applicable taxes and any additional charges must be disclosed before the order is placed.
  10. 7.10.We may, at our discretion, offer discount or promotional codes, free or extended periods, temporary access to a Plan, higher limits, one-off credits or other special terms (Promotions) to some or all Clients, including for testing new features. A Promotion applies only on the conditions and for the period stated when it is offered, has no cash value, and cannot be combined with another Promotion unless we say so. Offering a Promotion does not oblige us to offer it again, to extend it, or to offer it to other Clients. When a Promotion ends, the fees and limits of the Team's Plan apply as they then stand, and a paid subscription renews at those fees under clause 7.5. Where a Promotion gave temporary access to a Plan, the Team then moves to a Free Plan unless it has subscribed to a paid Plan, and Services may be paused or limited as in clause 3.6. We may withdraw a Promotion that has not yet been used, and end one obtained or used in breach of its conditions or the Contract. If no period was stated, we may end a Promotion by giving reasonable notice by email. Otherwise, a Promotion already granted runs for its stated period.

8. Service level agreement

  1. 8.1.The Service Level Agreement applies to the Plans that the price list on the Web Site or in the Platform shows as including it, from the start of a paid subscription to such a Plan. It sets out the availability commitment, its exclusions and the service credits. Other Plans carry no availability commitment or service credits. This does not limit clause 6.3 or rights under mandatory Legal Acts.

9. Intellectual property

  1. 9.1.The Platform, Web Site, and all their components (like databases, software, business names, trademarks, trade secrets, domain names, etc.) are protected by intellectual property rights. These rights are owned by us, our employees, or our partners.
  2. 9.2.Any works created by us during service provision, and the intellectual property rights attached to them, are owned by us or our employees. We have unrestricted use of these works and intellectual property rights.
  3. 9.3.While the contract is active, we grant the Client the right to use the Platform's functionality for their needs, following the contract and for the Platform's intended purpose. We do not grant any additional licences or rights, and the Client won't gain intellectual property rights over the Platform or Web Site.
  4. 9.4.Without our prior written permission, the Client must not modify, copy, duplicate, distribute, process, translate, make extracts from, transmit, add to other databases, or publicly make available the Platform, Web Site, or any parts thereof. The Client also cannot sublicense the use of the Platform or Web Site, or create new intellectual properties based on them. The Platform and Web Site, or any parts of them, cannot be sold, rented, licensed, linked to the Client's or third parties' systems (other than through interfaces or integrations we make available for that purpose), or used in ways that overload or disrupt their functionality, distort content, or in any manner not expressly permitted by us.
  5. 9.5.The Client keeps all rights to their Content. The Client grants us a non-exclusive, royalty-free right to store, process and display the Content for the duration of the Contract, to the extent needed to provide the Services, including publishing the Customer Status Pages the Client makes public.

10. Platform maintenance

  1. 10.1.We have the right to temporarily limit access to the Platform if we need to make amendments, perform maintenance, or update the Platform. This includes work done by us or third parties and actions required by Legal Acts or decisions from authorities. We will give notice of planned maintenance on the Service Status Page, in the Platform or by email. Urgent maintenance may take place without advance notice where reasonably necessary for security or continued operation.

11. Legal remedies and dispute resolution

  1. 11.1.We are not required to review the Contents uploaded by users to the Platform, nor to monitor user activities on it. This includes not needing to oversee information or content users add, transfer, store in cache memory, or save on the Platform.
  2. 11.2.However, if a Client violates the contract, the Platform's guidelines (good practice), or Legal Acts, we have the right to:
    1. 11.2.1.remove the violation or unlawful content without keeping backups of such content;
    2. 11.2.2.demand the cessation of the violation and insist that the behaviour or content conforms to the contract, good practices, or legal standards;
    3. 11.2.3.temporarily block the Client's access to services or parts of the Platform, including temporarily closing their account;
    4. 11.2.4.limit the Client's rights to use the Platform.
  3. 11.3.In cases where a Client's violation is repeated or serious, we reserve the right to:
    1. 11.3.1.permanently prohibit the Client from using certain parts of the Platform or the services;
    2. 11.3.2.delete the Client's account;
    3. 11.3.3.terminate the contract with the Client immediately and without prior notice.
  4. 11.4.If content removed from the Platform following a complaint is later shown, with convincing evidence, to be in compliance with the contract, good practices, or legal standards, we may choose to restore or re-enable access to such content.
  5. 11.5.The contract is governed by the laws of the Republic of Estonia. Where the Client is a Consumer, this choice of law does not deprive them of the protection of the mandatory provisions of the law of the country where they habitually reside.
  6. 11.6.If a Client is dissatisfied with our services, they have the right to submit a written complaint to us. We will try to resolve any disputes through negotiations. This approach also applies to other contractual disputes between a Client and us. Consumer complaints are answered in writing within the period required by applicable Legal Acts.
  7. 11.7.For any disputes or claims related to the contract, its content, or formation (including non-contractual issues), the Harju County Court in Tallinn, Estonia, will be the exclusive court of first instance. This does not apply to Consumers, who may bring proceedings in any court that Legal Acts make available to them, including the courts of the country where they live.
  8. 11.8.A Consumer who cannot resolve a dispute with us may turn to the Consumer Disputes Committee operating at the Estonian Consumer Protection and Technical Regulatory Authority (Endla 10A, 10122 Tallinn, Estonia, avaldus@komisjon.ee, ttja.ee). Its rules of procedure are set out in the Consumer Protection Act and described on that website. A Consumer who lives in another EU country may also ask the European Consumer Centre in their own country for help. The Estonian centre is at consumer.ee.
  9. 11.9.For any clarifications, questions, complaints you can contact us via email at legal@uptimebeacon.eu.
  10. 11.10.Anyone may report content on a Customer Status Page that they consider illegal by email to legal@uptimebeacon.eu. That address is also our single point of contact under Regulation (EU) 2022/2065 (the Digital Services Act) for authorities and for Clients, in English or Estonian. Reports are reviewed by people, and we do not use automated tools to moderate Content. When we remove Content or restrict a Client under clause 11.2 or 11.3, we tell the Client why, unless Legal Acts prevent it.
  11. 11.11.We may transfer the Contract, in whole or in part, to a company that takes over the Platform or our business, by notifying the Client at least 14 days in advance. A transfer will not reduce a Consumer's contractual guarantees. The Client may transfer the Contract only with our written consent.
  12. 11.12.The Contract gives no rights to anyone other than the Parties, including members of the Client's Team, alert recipients and visitors to Customer Status Pages. This does not exclude rights granted by mandatory Legal Acts, including data subjects' rights.

12. Consumer right of withdrawal

  1. 12.1.A Client who is a Consumer may withdraw from the Contract, or from a paid subscription, within 14 days of the day it was concluded or purchased, without giving a reason. The right of withdrawal does not apply to Clients who enter into the Contract for purposes of their trade, business, craft or profession.
  2. 12.2.To withdraw, the Consumer sends us a clear statement of their decision, for example by email to legal@uptimebeacon.eu. The model withdrawal form in Appendix 2 may be used, but it is not required. Sending the statement before the 14 days have passed is enough.
  3. 12.3.We refund the full payment for that subscription, without any deduction, within 14 days of receiving the withdrawal statement, to the same means of payment unless the Consumer expressly agrees otherwise, without refund fees. Withdrawal takes effect when we receive the statement. If the Consumer withdraws only from the paid subscription, the consequences for Services and Content in clause 3.6 apply immediately. If the Consumer withdraws from the whole Contract, it ends and clause 3.8 applies.

Appendix 1: Data Processing Agreement

Background

  • This Data Processing Agreement (DPA) is an integral part of the contract (hereinafter referred to as the 'Contract') between the Client and us, concerning access to and use of the Platform and our services. Any terms not defined in this DPA will have the meanings assigned to them in the Terms of Service.
  • We and the Client are committed to adhering to the General Data Protection Regulation (GDPR), Regulation (EU) 2016/679 of the European Parliament and of the Council dated 27 April 2016, and all other relevant data protection laws (collectively known as Data Protection Laws).
  • In this DPA, terms such as 'controller', 'processor', 'personal data', 'data subject', and 'personal data breach' will have the meanings provided in the GDPR. The term 'Sub-processor' refers to any other processor engaged by us to process personal data on the Platform or in relation to our services.

Purpose

  • We provide a monitoring service through the Platform. It's up to the Client to decide what content, including personal data, they want to process on the Platform, for example whom they add as alert recipients or what they publish on Customer Status Pages. In this context, we process personal data solely to provide the Platform and our services. In doing so, we act as a data processor for this personal data, while the Client acts as a data controller.

Processing of personal data

  • We process personal data on behalf of Clients who sign up and use the Platform. The data subjects are the Client's Team members, the people the Client adds as alert recipients, and any other persons whose personal data the Client puts into its Content. The personal data processed by us includes:
    • contact information of the people the Client invites to its Team or adds as alert recipients (names, email addresses);
    • identifiers of services the Client connects, such as workspace and channel identifiers and delivery endpoint addresses;
    • the content of alerts and other messages the Platform sends for the Client;
    • any personal data related to using the Platform and our services, including content, such as personal data in the addresses of Monitored Targets, in data returned by them, such as error messages or other response content, in incident records, or on Customer Status Pages.
  • We will:
    • process personal data only on documented lawful instructions from the Client, specifically for providing the Platform and services, including with regard to transfers of personal data outside the EU, unless Data Protection Laws require otherwise. If so, we will inform the Client in advance unless prohibited by Legal Acts;
    • ensure all individuals processing personal data commit to confidentiality;
    • alert the Client if their instructions seem to violate Data Protection Laws;
    • taking into account the nature of the processing, assist the Client by appropriate technical and organisational measures, insofar as this is possible, in responding to requests from data subjects exercising their rights under Chapter III of the GDPR, for example by locating, correcting, exporting or deleting their personal data on request;
    • assist the Client in ensuring compliance with Articles 32 to 36 of the GDPR, including data protection impact assessments and prior consultation of a supervisory authority, taking into account the nature of the processing and the information available to us.
  • We take appropriate technical and organisational security measures, considering the latest technology, implementation costs, processing nature, context, and purposes, and the risks to data subjects. These measures include encryption, access controls and secure handling of passwords and credentials.
  • In the event of a personal data breach, we will notify the Client via email without undue delay after becoming aware of it and cooperate with them regarding the breach. The Client must keep non-public breach information confidential, except to the extent reasonably needed to respond to the breach, obtain advice, notify affected individuals or authorities, or comply with Legal Acts.

Using Sub-processors

  • The Client gives us general written authorisation to use sub-processors as described in this section. A current list identifying them, their locations and processing functions is available on request. We'll make sure these sub-processors agree in writing to provide the same level of data protection that we're committed to under this DPA. We will inform the Client about any planned changes regarding new or replacement sub-processors at least 10 days before replacing or taking on another sub-processor. The Client can object to our choice of a sub-processor by letting us know in writing within 5 working days after they receive our notice. If the Client doesn't agree with the new sub-processor, we'll try to provide our Platform and services without using them. If this isn't feasible, the Client may choose to terminate the Contract. We remain responsible to the Client for our sub-processors' performance of their data protection obligations.
  • We and our sub-processors may transfer personal data outside the EU only where we have a lawful basis to do so, including to a recipient who is: (i) in a country which provides an adequate level of protection for personal data; or (ii) under appropriate safeguards that cover the EU requirements for the transfer of personal data to data processors outside the EU. More specific information about transferring personal data outside the EU is available upon request.
  • Services and applications that the Client or its Team members connect to the Platform are not our sub-processors. We send personal data to them on the Client's instruction (clause 4.5 of the Terms of Service), and the Client is responsible for choosing them and for any transfer this involves. The previous item does not apply to these transfers.

Audit rights

  • When the Client requests in writing, we will provide information necessary to demonstrate compliance with this DPA and Article 28 of the GDPR, as long as we possess or control the requested information. If the Client needs more assurance, we'll cooperate, including supporting reasonable audits or inspections initiated by the Client or an independent auditor mandated by the Client, subject to reasonable confidentiality and security requirements. The Parties will agree reasonable arrangements without obstructing or unduly delaying an audit. The following conditions apply:
    • we'll only provide information, records, and documents that are reasonably needed to show our compliance with this DPA and Article 28 of the GDPR in relation to personal data processed for the Client;
    • we may protect business secrets through confidentiality undertakings, redaction of irrelevant information or supervised access, without withholding information needed to demonstrate compliance;
    • we will protect other Clients' and individuals' confidential information and personal data through appropriate safeguards;
    • legally privileged material is protected, but the existence of a dispute does not itself restrict statutory audit rights;
    • any information we provide under this section must be treated as confidential by the Client;
    • the Client can conduct an audit like this once per calendar year, unless additional audits are reasonably needed following a breach, suspected non-compliance or a supervisory authority's request;
    • the Client will bear the audit costs. However, if the audit uncovers any breaches or violations of this DPA by us or our sub-processors, we will cover the audit costs and fix the breach.

Liability

  • If we or our sub-processors are at fault, we will be responsible for any damage caused to the Client due to processing that goes against this DPA. This includes lawful claims for contribution towards compensation paid to a data subject and fines only to the extent lawfully recoverable. This DPA does not limit data subjects' rights or a supervisory authority's powers. Our liability in these cases is limited as outlined in section 6 of the Terms of Service.

Term and termination

  • This DPA is valid as long as we process personal data on behalf of the Client. The processing of personal data will end when one of the following happens:
    • the Client instructs us to delete or return the relevant personal data and end that processing, including by deleting the relevant Content or Team through the Platform;
    • our obligation to provide the Platform and services to the Client ends permanently, either because the contract is terminated or expires.
  • When the processing of personal data ends, the data will, as per the Client's choice, either be returned to them and our remaining copies deleted, or deleted. This is unless any Legal Acts require us to retain the personal data. Content the Client deletes in the Platform is deleted without undue delay, so a Client who wants a copy should ask for it first. Any data awaiting deletion from backups remains protected, is not used for other purposes, and is deleted through the backup retention cycle.
  • Any obligations from this DPA that should logically continue after it ends (e.g. confidentiality duties) will remain in effect.

Miscellaneous

  • The laws governing this DPA and how disputes are resolved are outlined in the Terms of Service.
  • Changes to this DPA follow clause 5.4 of the Terms of Service. A change that lowers the protection of personal data needs the Client's agreement.
  • If any part of this DPA is found to be invalid or unenforceable, the rest of the DPA will still be valid and enforceable. The invalid or unenforceable part will be either (i) modified to make it valid and enforceable, while keeping as close as possible to the original intentions, or, if that's not possible, (ii) treated as if it was never part of the DPA. This also applies if the DPA misses any points.
  • If there's a conflict between the DPA and the Terms of Service, the terms of this DPA will take precedence.

End of the Data Processing Agreement

Appendix 2: Model withdrawal form

Complete and return this form only if you are a Consumer and wish to withdraw from the Contract or a paid subscription under clause 12.

To: Wealth Beacon OÜ, Teaduse 17-10, Saku 75501 Harjumaa, Estonia, legal@uptimebeacon.eu

I hereby give notice that I withdraw from my contract for the provision of the following service: Uptime Beacon Contract / paid subscription (delete as appropriate).

Plan and Team name:

Purchased on:

Name of the Consumer:

Address of the Consumer:

Email address of the Client Account:

Signature of the Consumer (only if this form is sent on paper):

Date: