Terms of Service

1. Who we are and what these terms cover

The Service is operated by SOFTIVO INNOVATIONS S.R.L., a company incorporated in Romania. Our full identification details (registered office, trade register number, sole registration code / VAT number, share capital and contact details) are set out in our Legal Notice, which forms part of these Terms.

The following documents are incorporated into these Terms by reference:

• Privacy Policy
• Cookie Policy
• Acceptable Use Policy
• Refund & Cancellation Policy
• Sub-processors List
• where applicable, our Data Processing Addendum (the “DPA”)

In these Terms, a “consumer” is a natural person acting for purposes outside their trade, business, craft or profession. A “business user” is any other user. Some clauses apply differently to consumers, as indicated.

2. Eligibility and accounts

• You must be at least 18 years old to enter into these Terms. In any case, we do not knowingly provide the Service to, or process the personal data of, anyone under 16 years of age.
• You must provide accurate registration information and keep it up to date. You must verify your email address to activate your account.
• You are responsible for all activity under your account and for keeping your credentials confidential. Notify us without delay at office@softivo.ro if you suspect unauthorised use.
• One person or organisation may not maintain multiple accounts to circumvent plan limits, quotas or restrictions.
• You may sign in with email and password or, if offered, with a third-party identity provider such as “Sign in with Google”. Your use of that provider is governed by its own terms.

3. The service

The Service performs automated availability and response-time checks against internet endpoints (URLs) that you configure, records incident history, publishes optional hosted status pages, and sends notifications through channels you configure (such as email, Telegram, Slack or Discord). Features, limits and check frequencies depend on your plan and are described on our pricing page and in the Service.

The Service is provided on a reasonable-efforts basis. We may add, change, or discontinue features. If we discontinue a material feature or the Service as a whole, we will give reasonable prior notice and, where you have pre-paid for a period that will not be delivered, a pro-rata refund of the affected fees.

4. Plans, billing and payment (Paddle)

4.1 Merchant of record

Payments for paid plans are processed by Paddle (Paddle.com Market Limited and/or Paddle, Inc.), which acts as the merchant of record and authorised reseller of the Service. When you purchase a paid plan, your payment contract is with Paddle. Paddle handles the checkout, billing, currency, invoicing, applicable VAT / sales tax, fraud screening and payment-dispute handling, and is the entity shown on your payment statement. Paddle’s buyer terms and privacy notice apply to the payment transaction in addition to these Terms.

4.2 Fees, currency and renewal

• The price, billing interval (for example monthly or yearly), currency and applicable taxes are shown at checkout before you confirm. A free plan is available and requires no payment.
• Paid subscriptions renew automatically for successive periods of the same length until cancelled. The renewal date is shown in your billing area.
• We may change fees for future billing periods. We will give you at least 30 days’ notice by email or in-app. The new price takes effect at your next renewal; if you do not agree, you may cancel before it takes effect and the change will not apply to you.
• If you switch between billing intervals (for example monthly to yearly), the change and any pro-rata adjustment take effect immediately.
• Except where the law requires otherwise or these Terms state otherwise, fees are non-refundable once a billing period has started.

4.3 Failed payments

If a renewal payment fails, we (through Paddle) may retry it and may downgrade or suspend paid features until payment succeeds. Your data is handled as described in clause 6 and in the Refund & Cancellation Policy.

5. Consumer right of withdrawal

If you are a consumer in the EU / EEA or the United Kingdom, you have the right to withdraw from a paid subscription within 14 days of entering into it, without giving any reason, in accordance with applicable consumer law (in Romania, Government Emergency Ordinance No. 34/2014).

• To withdraw, tell us clearly before the 14 days expire — for example by emailing office@softivo.ro. You may use the model withdrawal form in our Refund & Cancellation Policy, but it is not required.
• The Service is a digital service. If you ask us to begin providing the paid plan during the 14-day period, you may be asked to expressly request immediate performance and acknowledge that you will lose the right of withdrawal once the service has been fully performed. If you then withdraw during the period before full performance, you must pay an amount proportionate to what has been provided up to that point.
• Where a refund is due, it is made using the same payment method you used, without undue delay and within 14 days, via Paddle.

The free plan involves no payment, so the right of withdrawal does not arise for it.

6. Cancellation, downgrades and refunds

• You may cancel a paid plan at any time from your billing area or the Paddle customer portal. Cancellation takes effect at the end of the current billing period; you keep paid features until then and are not charged again.
• When a paid plan ends or you downgrade, resources that exceed the limits of your new plan (for example monitors, status pages or notification channels beyond the allowance, and stored history beyond the retention window) are automatically deactivated or deleted. Export any data you want to keep before the change.
• Refund entitlements are described in the Refund & Cancellation Policy. Nothing in this clause limits your statutory rights as a consumer, including remedies for a digital service that is not in conformity with the contract (in Romania, under Government Emergency Ordinance No. 141/2021).

7. Acceptable use

Your use of the Service must comply with our Acceptable Use Policy, which is part of these Terms. In particular, you may only configure monitoring for endpoints that you own or are authorised to monitor, and you must not use the Service to overload, attack, scan or probe any system. We may suspend, throttle or remove any configuration or content that breaches that policy.

8. Your content and responsibilities

• “Your Content” means the URLs, monitor names, status-page text, incident notes, notification-channel settings and other material you submit to the Service.
• You represent and warrant that you own or are authorised to monitor every endpoint you configure, and that Your Content and your use of the Service do not infringe any third party’s rights or breach any law.
• You are responsible for the lawfulness of any public status page you publish and for ensuring that recipients of notifications you configure have agreed to receive them. Sending unsolicited commercial messages through the Service is prohibited (in Romania, see Law No. 365/2002 on electronic commerce).
• You must not include special categories of personal data, payment card numbers, or other sensitive information in fields such as monitor names, URLs or incident notes.

9. Intellectual property and licence

• The Service, including its software, design, and content we provide, is owned by SOFTIVO INNOVATIONS S.R.L. and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service in accordance with these Terms and your plan.
• You retain all rights in Your Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit and display Your Content solely to operate and provide the Service (including sending your notifications and rendering your status pages).
• If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free licence to use it without restriction or obligation to you.
• You must not copy, modify, reverse engineer, decompile, resell, sub-license or create derivative works of the Service except to the extent this restriction is prohibited by law.

10. Third-party services

The Service integrates with third-party platforms that you choose to connect, such as Telegram, Slack, Discord and Google, and relies on the providers listed in our Sub-processors List. Those platforms are controlled by third parties, not by us, and are governed by their own terms and privacy notices. You are responsible for any credentials, bot tokens or webhook URLs you supply, and we are not responsible for the acts, omissions, availability or security of third-party platforms.

11. Availability, monitoring accuracy and maintenance

We aim to keep the Service available and accurate, but we do not provide a guaranteed level of uptime or a service-level agreement with credits. In particular, and to the maximum extent permitted by law:

• we do not warrant that the Service will be uninterrupted, timely, secure or error-free, or that every outage or degradation of a monitored endpoint will be detected;
• we do not warrant that every notification will be delivered, or delivered without delay, since delivery depends on third-party networks and platforms outside our control;
• checks, alerts and status pages must not be relied on as your only safety, security or incident-response mechanism;
• we may carry out scheduled or emergency maintenance, and may pause checks (for example when our own infrastructure loses outbound connectivity) to protect the Service and third parties.

Your statutory rights as a consumer, described in clause 12, are not affected by this clause.

12. Warranties and disclaimers

To the maximum extent permitted by law, the Service is provided “as is” and “as available”, and we disclaim all implied warranties and conditions, including merchantability, fitness for a particular purpose, and non-infringement.

Consumers: nothing in these Terms excludes or limits your mandatory statutory rights. If you are a consumer in the EU / EEA or the United Kingdom, you are entitled to a digital service that is in conformity with the contract, and to statutory remedies if it is not — including having the service brought into conformity, a proportionate price reduction, or termination with a refund for the non-conforming period (in Romania, under Government Emergency Ordinance No. 141/2021 and the Civil Code). Those rights apply in addition to these Terms.

13. Limitation of liability

13.1 Carve-outs that always apply

Nothing in these Terms limits or excludes liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• gross negligence or wilful misconduct;
• a party’s liability under applicable data-protection law (including Article 82 GDPR);
• any other liability that cannot be limited or excluded under applicable law, including consumers’ mandatory rights.

13.2 Exclusions

Subject to clause 13.1, and to the extent permitted by law, we are not liable for: loss of profits, revenue, business, goodwill or anticipated savings; loss or corruption of data; loss arising from an undetected outage, a missed, delayed or failed notification, or reliance on a status page; or any indirect or consequential loss.

13.3 Cap

Subject to clause 13.1, our total aggregate liability arising out of or in connection with the Service and these Terms in any 12-month period is limited to the greater of (a) the fees you paid for the Service in that period and (b) EUR 100. For users on the free plan, our aggregate liability is limited to EUR 100.

Consumers: clauses 13.2 and 13.3 apply to you only to the extent permitted by the consumer law of your country of residence; where that law does not permit a particular exclusion or cap, we remain liable to you for foreseeable loss caused by our breach in accordance with that law.

14. Indemnification (business users)

If you are a business user, you will defend, indemnify and hold harmless SOFTIVO INNOVATIONS S.R.L. and its officers, employees and agents from and against any third-party claims, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or related to: (a) Your Content; (b) your configuration of monitors, status pages or notifications, including any claim by an operator of a monitored endpoint or a recipient of a notification; or (c) your breach of these Terms or of any law. This clause does not apply to consumers.

15. Suspension and termination

• You may stop using the Service and close your account at any time from your account settings.
• We may suspend or limit the Service, or terminate your account, if you materially breach these Terms or the Acceptable Use Policy, if required by law, or to protect the Service, other users or third parties from harm or legal risk. Where practicable we will give notice and an opportunity to remedy the breach.
• Except where doing so is unlawful or would impair prevention of fraud, security or abuse, we will give a paid-account holder a statement of the reasons for a suspension or termination.
• On termination, your right to use the Service ends. We will make your data available for export for a reasonable period before deletion, subject to legal retention requirements described in the Privacy Policy.
• Clauses that by their nature should survive termination (including 8, 9, 12, 13, 14, 16 and 19) survive.

16. Complaints, illegal content and disputes

16.1 Contact point and notices of illegal content

You can contact us about the Service, and authorities can contact us, at office@softivo.ro. If you believe content on a public status page is illegal, send a notice to that address identifying the content, its location (URL), the reason it is illegal, and your contact details. We will review notices and act as appropriate, including removing content and, where required, informing the parties of our decision and its reasons. We apply and enforce these Terms in a diligent, objective and proportionate manner.

16.2 Consumer dispute resolution

If you are a consumer and we cannot resolve a complaint directly, you may refer the matter to the Romanian National Authority for Consumer Protection (Autoritatea Națională pentru Protecția Consumatorilor (ANPC)), Bulevardul Aviatorilor nr. 72, Sector 1, București, Romania, https://anpc.ro, or to an entity for the alternative resolution of consumer disputes competent under applicable law. The European Commission’s online dispute resolution platform was discontinued in 2025 and is no longer available. We are not obliged to use, and do not commit to, alternative dispute resolution before a specific body, without prejudice to your statutory rights.

16.3 Governing law and courts

These Terms and any non-contractual obligations arising from them are governed by the law of Romania. For business users, the courts of the competent courts of Bucharest, Romania have exclusive jurisdiction. If you are a consumer, you benefit from any mandatory consumer-protection provisions of the law of your country of residence, and you may bring proceedings in the courts of that country; nothing in this clause deprives you of that protection.

17. Artificial intelligence

The Service does not use AI systems that interact directly with you, generate synthetic audio, image, video or text presented as genuine, or make automated decisions producing legal or similarly significant effects about you. We do not use your personal data or Your Content to train AI or machine-learning models. If this changes, we will update these Terms and the Privacy Policy and provide the disclosures required by law, including the EU AI Act.

18. Changes to these terms

We may update these Terms. For material changes we will give at least 30 days’ notice by email or in-app before they take effect, except where a change is required by law or for security and must take effect sooner. If you do not accept a change, you may terminate your account before it takes effect; continuing to use the Service after the effective date means you accept the updated Terms. The current version and its date are shown at the top of this page.

19. General

• Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control.
• Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets, provided your rights are not materially reduced.
• Entire agreement. These Terms and the documents they incorporate are the entire agreement between you and us about the Service and supersede prior discussions.
• Severability and waiver. If any provision is unenforceable, the rest remains in effect. Not enforcing a provision is not a waiver of it.
• Notices. We may give notices by email to your account address or by posting in the Service. Send formal notices to office@softivo.ro.
• Language. These Terms are provided in English, which is the authoritative version. Any translation is for convenience only; this does not affect a consumer’s right to receive information in the language required by the law of their country of residence.

20. Contact

SOFTIVO INNOVATIONS S.R.L.
Bucureşti Sectorul 1, Strada Lt. Radu Beller, Nr. 3-5, România
General enquiries: office@softivo.ro
Support: office@softivo.ro
Abuse reports: office@softivo.ro

See the Legal Notice for full company details.