Terms of service

The following terms and conditions govern all use of KloudFox products (Web App and iOS/Android mobile apps) and all content, services, and products available at or through the website or mobile apps. The products are owned and operated by KloudFox Ltd. (“KloudFox” – a trademark of the company). The products are offered subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies (including, without limitation, KloudFox’s Privacy Policy) and procedures that may be published from time to time on this Site by KloudFox (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the products. By accessing or using any part of the products, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the products or use any services. If these terms and conditions are considered an offer by KloudFox, acceptance is expressly limited to these terms.

We may modify these terms or any additional terms that apply to KloudFox products. Changes will apply immediately and will be noted in the Changelog at the end of these Terms of Service. They might apply retroactively and to all our existing users.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we’re giving up any rights that we may have (such as taking action in the future).

If any of these Terms and Conditions are rendered invalid or void, the other Terms and Conditions will remain in effect. The section titles in the TOS are for convenience only and have no legal or contractual effect.

Content of Terms

• Your KloudFox Account and Site
• Responsibility of Contributors
• Services Provided
• Payment and Renewal
• Delivery Policy
• Intellectual Property
• Advertisements
• Changes
• Termination
• Disclaimer of Warranties
• Limitation of Liability
• General Representation and Warranty
• Indemnification
• No Resale or Redistribution of Service
• Affiliate Program
• Contacting KloudFox
• Miscellaneous

Your KloudFox Account and Site

If you have an account on the products, you are responsible for maintaining the security of your account (email used, password, or API keys) and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not use KloudFox services in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and KloudFox may change or remove any content that it considers inappropriate or unlawful, or otherwise likely to cause KloudFox liability. You must immediately notify KloudFox of any unauthorized uses of your account or any other breaches of security. KloudFox will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors

By using the products, you are entirely responsible for:

• providing valid user data (email, name, etc.);
• not using the Website for any illegal or abusive activity;
• securing any email, password or API keys of your account;
• only having a single account;

KloudFox has the right (though not the obligation) to, in KloudFox’s sole discretion (i) refuse or remove any content (monitors) that, in KloudFox’s reasonable opinion, violates any KloudFox policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the products to any individual or entity for any reason, in KloudFox’s sole discretion. KloudFox will have no obligation to provide a refund of any amounts previously paid.

Services Provided

KloudFox automatically checks the monitors defined by you in user-defined intervals. And, once a downtime is detected, it can notify the “user-defined contacts” with various methods (like email, SMS, mobile push messages, etc.). The monitoring methods include:

• HTTP(s)/website monitoring
• Keyword monitoring (checking the existence or non-existence of a given keyword on a web page)
• Ping monitoring
• Port monitoring
• Heartbeat monitoring (cron-job monitoring, you send requests to KloudFox and we check if they arrive on time)
• Status pages (showcase your uptime to your customers)

An optional paid plan with faster checking of monitors (typically 1-minute) and/or the ability to check more than 10, 50, or more monitors and SMS message/voice call credits (for getting SMS and/or voice call notifications) can be purchased.

Paid plans, based on the plan tier, may include a specific number of status pages defined in the pricing and may be using a unique KloudFox URL, and/or an option of using a custom domain protected with an SSL certificate issued by Let’s Encrypt or ZeroSSL. The free plan includes 1 status page with a unique KloudFox URL only.

Payment and Renewal

General Terms

Optional paid services such as extra monitors, extra seats, shorter monitor intervals, or extra SMS message/voice call credits are available on the products (any such service is considered an “Upgrade”). By selecting an Upgrade you agree to pay KloudFox the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-paid basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. In the case of standalone SMS message/voice call credit packages, there is a one-time pre-paid payment with the possibility of auto-refill to trigger when your credit balance gets low. For any plan upgrade, the payment method that you provided will be charged or credited the new prorated amount for the current payment period upon your request. You will be requested to pay the rate for the upgrade for the period from the date of the upgrade to the end of your current billing cycle. After successful confirmation of purchase, you will receive access to your new plan within a few minutes (depending on the speed of our payment processor). The new rate will apply to your next billing cycle. The proration amount displayed in the checkout area is calculated based on the seconds remaining in your current billing period. That’s why you may see a slightly different amount of proration in checkout compared to the actual billed amount. A downgrade in a plan will be scheduled for your usual renewal date, meaning your current plan will remain active until the end of your currently prepaid period. The new rate for your plan will apply and be charged on your next billing cycle. As an exception, if you downgrade your plan within 24 hours of expiration, the new plan will become active within a few minutes, without any proration applied. If the new plan does not fit the limits of your account resources (e.g. monitors and/or seats, etc.), we reserve the right to deny a downgrade of your plan or to suspend resources that do not fit the limit. In such cases, you will be informed before this happens. KloudFox reserves the right to change the payment terms and fees.

Minimal Hardware and Software Requirements for Using KloudFox

KloudFox can be used with any operating system (including mobile) that can run a modern browser (Edge, Google Chrome, Safari, Firefox).

Purchase Process

Services provided by KloudFox can be purchased through the “Upgrade link” that can be reached after logging in to the products. The process works as:

• You select the desired paid plan or the number of SMS message/voice call credits or desired number of extra seats
• Complete the payment with a credit card, debit card, or PayPal
• KloudFox sends an email mentioning that the purchased service can be used

Depending on the purchase method selected, the payments will be processed by Stripe.com, PayPal Pte. Ltd. (PayPal.com) or 2Checkout.com Inc (renewals only).

Automatic Renewal

Unless you notify KloudFox before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the My Settings section of your site’s dashboard.

Refunds

You may terminate your subscription to the Upgrade at any time and you will not be obligated to pay any additional fees for upcoming subscription renewal periods. However, any subscription fees you have paid in advance will not be refunded unless there have been 10 days or less since the payment. For payments made in the last 10 days or less, only those payments are refundable.

Delivery Policy

Upon receipt of your order, the services will be performed to you in accordance with the terms applicable to the services that you purchased. The nature of the services you purchased and the date of your purchase may impact the timing of the performance of the services. The services will be deemed to be successfully delivered to you upon the performance of the services.

Intellectual Property

This Agreement does not transfer from KloudFox to you any KloudFox or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with KloudFox. KloudFox, the KloudFox logo, and all other trademarks, service marks, graphics and logos used in connection with KloudFox, or the products are trademarks or registered trademarks of KloudFox or KloudFox’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the products may be the trademarks of other third parties. Your use of the products grants you no right or license to reproduce or otherwise use any KloudFox or third-party trademarks.

Advertisements

KloudFox reserves the right to display advertisements on your account.

Changes

KloudFox reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the products following the posting of any changes to this Agreement constitutes acceptance of those changes. KloudFox may also, in the future, offer new services and/or features through the products (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

KloudFox may terminate your access to all or any part of the products at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your KloudFox account (if you have one), you may simply discontinue using the products. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer of Warranties

The products are provided “as is”. KloudFox and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither KloudFox nor its suppliers and licensors make any warranty that the products will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the products at your own discretion and risk.

Limitation of Liability

In no event will KloudFox, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to KloudFox under this agreement during the twelve (12) month period prior to the cause of action. KloudFox shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the products will be in strict accordance with the KloudFox Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental areas, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the products will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless KloudFox, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the products, including but not limited to your violation of this Agreement.

No Resale or Redistribution of Service

Except as expressly authorized by KloudFox, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of the use of the products, or access to the products or the products code.

In case you wish to use KloudFox for commercial purposes, please contact us directly at [email protected] to discuss a custom deal.

It is possible to buy any of the products for another account. Billing details and invoices will be stored under the upgraded account.

If you do not comply with this, or KloudFox has reasonable grounds to suspect that you do not comply with this, KloudFox has the right to suspend or terminate your subscription and refuse any and all current or future use of the service (or any portion thereof). In this case, you are not eligible for any refund.

Affiliate Program

As an authorized affiliate partner (Affiliate) of KloudFox, you agree to abide by the terms and conditions contained in this Agreement.

Commissions will be paid once a month. The payout can be requested only upon reaching the minimum payout threshold. KloudFox has the right to postpone the payout until at least 2 different users are referred and upgraded to any of the paid plans.

The commissions are paid out through PayPal only. If the minimal threshold is not reached and/or the affiliate partner does not have a PayPal account, KloudFox will not pay out the commissions.

The Affiliate and KloudFox are in agreement that for every payout KloudFox will issue a self-raised invoice for the commission paid to the Affiliate.

Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.

In addition to the foregoing, KloudFox reserves the right to terminate any Affiliate account at any time, for any violations of affiliate rules mentioned in the Affiliate section of your account of this Agreement or no reason.

KloudFox will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).

We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by KloudFox. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

Referrals coming from email SPAM (unsolicited emails) will not be counted and may lead to the termination of your affiliate account.

Contacting KloudFox

KloudFox may be contacted by email at [email protected]. By contacting KloudFox, the client grants KloudFox a worldwide, non-exclusive perpetual right to any ideas, information, designs or other material contained in any communication, except when the client has obtained prior written agreement from the KloudFox board.

The client agrees not to pass to KloudFox any commercially sensitive information and data about their own operations. The client accepts that information sent to KloudFox will not under any circumstance be considered subject to any form of a non-disclosure agreement, except when the client has obtained prior written consent from the KloudFox board.

All parties take into consideration that email is not a secure, guaranteed medium of communication. Emails should only be regarded as received by KloudFox if the client receives a manually created response.

With the exception of the above points, all discussions over email are deemed to be of informal nature, and should only be taken as binding when indicated as such by the KloudFox board.

Any suggestions, mention or reference of any alteration to past, present or future contractual terms by KloudFox should be taken purely as speculative until such time that the client is in possession of written confirmation by the KloudFox board.

Miscellaneous

This Agreement constitutes the entire agreement between KloudFox and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of KloudFox, or by the posting by KloudFox of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the products will be governed by the laws of the country in which KloudFox is registered. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; KloudFox may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Changelog:

May 23, 2024: Initial release.