Terms & Conditions

Effective date: March 12, 2026  ·  Last updated: April 1, 2026

1. Introduction

These Terms & Conditions (“Terms”) govern your access to and use of Uptivus (“Uptivus,” “we,” “us,” or “our”), including the Uptivus uptime monitoring platform, status pages, alerting services, and our website. By accessing or using any part of Uptivus, you agree to be bound by these Terms. If you do not agree, do not use our services.

2. Company Information

Uptivus is operated by Fluenik, LLC, a Michigan limited liability company in the United States. Questions about these Terms can be sent to [email protected].

3. Service Description

Uptivus provides uptime monitoring services including HTTP, API, keyword, ping, DNS, SSL, expired domain, and heartbeat monitoring; multi-region checks; alerting via email, SMS, push notifications, and webhook integrations; customizable status pages; and incident tracking. Features and limits vary by subscription plan.

4. Accounts and Access

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized access or suspected breach at [email protected].

You must not share your account credentials with unauthorized persons. Each login seat is personal to the registered user.

5. Permitted Use

You may use Uptivus only for lawful purposes. You agree not to:

• Use Uptivus in a way that violates applicable laws or regulations.
• Attempt unauthorized access to systems, accounts, data, or infrastructure.
• Interfere with or disrupt the platform, APIs, webhooks, or supporting infrastructure.
• Use monitoring features to attack, overload, or probe third-party systems without authorization.
• Scrape, copy, or reuse platform content or data except as expressly permitted.
• Use automated systems to overload or degrade our services.

6. Monitoring and Alerting

Uptivus performs automated checks against endpoints you configure. You represent that you have authorization to monitor any URL, IP address, or endpoint you add to the platform. Uptivus is not responsible for any consequences arising from monitoring endpoints you do not own or have permission to test.

Alerts are delivered on a best-effort basis. While we strive for reliable and timely delivery, we do not guarantee that every alert will be delivered or received within a specific timeframe. Alert delivery depends on third-party services (email providers, SMS carriers, push notification services) that are outside our control.

7. Status Pages

You may publish status pages to communicate service health to your customers. You are solely responsible for the accuracy and content of your status pages. Status pages must not contain content that is unlawful, defamatory, misleading, or that infringes on third-party rights.

If you use the custom domain feature, you are responsible for DNS configuration and domain ownership verification.

8. Subscriptions and Billing

Uptivus offers paid subscription plans with different feature limits. Plan details, pricing, and add-on options are described on our pricing page. Prices and features are subject to change prior to public release.

Subscriptions are billed on a recurring monthly basis. You may upgrade, downgrade, or cancel your subscription at any time. Downgrades take effect at the end of the current billing cycle. We do not offer refunds for partial billing periods unless required by law.

9. Data Ownership

You retain ownership of all data you submit to the platform, including monitor configurations, incident records, and status page content (“Your Data”). By using Uptivus, you grant us a limited license to process and store Your Data solely to provide the monitoring services.

Upon account termination, we will retain Your Data for a reasonable period to allow export, after which it may be deleted.

10. Service Availability

We strive to maintain high availability of the Uptivus platform. However, we do not guarantee 100% uptime. Scheduled maintenance, infrastructure issues, and circumstances beyond our control may result in temporary service interruptions. We will make reasonable efforts to notify users of planned maintenance in advance.

11. Acceptable Use

The following are strictly prohibited:

• Using Uptivus to harass, threaten, or harm individuals.
• Uploading or transmitting malicious code, viruses, or exploits.
• Attempting to reverse engineer, decompile, or extract source code from the platform.
• Using the platform to generate or distribute spam, phishing, or deceptive content.
• Reselling or sub-licensing access to Uptivus without express written authorization.
• Using monitoring checks as a means of launching denial-of-service attacks or probing vulnerabilities.

12. Intellectual Property

Uptivus and its related content, branding, software, and technology are owned by Fluenik, LLC or its licensors and are protected by applicable intellectual property laws. Nothing in these Terms transfers any intellectual property rights to you.

13. Third-Party Services, Integrations, and Trademarks

Uptivus integrates with or displays compatibility with third-party services through webhooks, APIs, and platform integrations. These include, but are not limited to: automation platforms, team chat services, e-commerce platforms, website builders, and others.

Fluenik, LLC and Uptivus are not affiliated with, sponsored by, or endorsed by any of the third-party companies whose names, logos, or trademarks appear on this website. All third-party company names, logos, trademarks, and service marks displayed on this site are the property of their respective owners. Their use is solely for the purpose of identifying compatibility and integration support and does not imply any partnership, sponsorship, endorsement, or affiliation between Fluenik, LLC and the respective trademark holders.

This non-affiliation statement applies to all references to third-party brands across our website and materials, including but not limited to our homepage, integration pages, pricing pages, documentation, examples, and marketing content.

We are not responsible for the availability, content, policies, or practices of any third-party services. Your use of third-party services is governed by those services' own terms and policies.

14. Privacy

Your use of Uptivus is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

Contact Form Submissions

• Legal basis: We process contact form submissions based on our legitimate interest in responding to inquiries, or your consent where applicable.
• Purpose: We use this information solely to respond to your request and communicate with you.
• Retention: We retain contact form submissions for up to 90 days unless required longer for legal or operational purposes.
• Your rights: You may request access, correction, or deletion of your submitted data at any time by contacting us.

Anti-Spam Protection

We use hCaptcha to prevent spam and abuse. This service may collect IP address and device information for security purposes.

14A. Data Processing Agreement and International Transfers

When we process personal data on your behalf as a processor, our Data Processing Agreement applies.

Uptivus services are primarily hosted in the United States. Personal data may be transferred to the United States or other countries where our subprocessors operate.

We do not use Your Data to train our own generalized AI models. Where AI-enabled features rely on third-party model providers, we use provider controls and contractual terms intended to prevent your content from being used to train their generalized AI models.

Our current subprocessor list and transfer safeguard references are available at /subprocessors.

15. Disclaimer of Warranties

Uptivus is provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement, to the maximum extent permitted by law. We do not warrant that the platform will be uninterrupted, error-free, or free from harmful components. Monitoring results are provided for informational purposes and should not be the sole basis for critical business decisions.

16. Limitation of Liability

To the maximum extent permitted by law, Uptivus, Fluenik, LLC, and their affiliates, officers, directors, employees, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, goodwill, or business opportunities arising from or related to your use of Uptivus, including any failure to detect or report downtime, delayed alerts, or inaccuracies in monitoring data.

17. Indemnification

You agree to defend, indemnify, and hold harmless Uptivus and Fluenik, LLC from and against any claims, liabilities, damages, losses, and expenses arising from: (a) your use of or access to the platform; (b) your violation of these Terms; (c) Your Data or status page content; or (d) your monitoring of third-party endpoints without proper authorization.

18. Termination

We may suspend or terminate your access to Uptivus at our discretion, including for violations of these Terms, without prior notice. Upon termination, your right to use the platform ceases immediately. Sections that by their nature should survive termination will survive, including Sections 12, 15, 16, 17, and 19.

19. Governing Law

These Terms are governed by the laws of the State of Michigan and the United States, without regard to conflict-of-laws rules.

20. Pre-Release Disclaimer

Uptivus is currently in development. Pricing, features, and plan limits are subject to change prior to public release. No orders or pre-orders are currently accepted.

21. Changes to These Terms

We may update these Terms at any time. Updated Terms will be posted on this page with a revised effective date. Continued use of Uptivus after updates constitutes your acceptance of the revised Terms.

22. Contact

For questions about these Terms and Conditions, contact us at [email protected].