Terms of Use

• “Service” means the Upcheck monitoring platform, including the website, dashboard, APIs, documentation, and mobile/desktop apps.
• “Account” means the account you register to access the Service.
• “Authorized User” means you and anyone you permit to use the Service through your Account.
• “Content” means the data you enter or generate through the Service, including monitor names, target URLs/hostnames, settings, and results.
• “Target” means any website, endpoint, host, or service you configure Upcheck to monitor.
• “Paid Plan” means any subscription tier that requires payment.
• “Documentation” means the usage guides and reference materials we make available for the Service.

• You must be at least the age of majority in your jurisdiction (and at least 14) to use the Service.
• You must provide accurate registration information and keep it up to date.
• You are responsible for keeping your credentials secure and for all activity under your Account.
• Notify us at team@rekwiem.com promptly if you suspect unauthorized use of your Account.

Subject to these Terms and to any plan limits, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service and Documentation for your own internal monitoring purposes. You are responsible for the acts and omissions of your Authorized Users as if they were your own. We reserve all rights not expressly granted, and we may change, add, or remove features of the Service over time.

You agree not to, and not to permit anyone to:

• Monitor any Target you do not own or lack authorization to monitor.
• Use the Service to launch denial-of-service, stress, load, or attack traffic against any Target, or to circumvent rate limits or security controls.
• Configure checks at a frequency or volume intended to burden or disrupt a Target rather than to legitimately monitor it.
• Reverse engineer, resell, or provide the Service to third parties except as expressly permitted.
• Upload unlawful, infringing, or malicious content, or violate the rights of others.
• Interfere with or disrupt the integrity or performance of the Service, or attempt to gain unauthorized access to it.
• Use the Service in violation of any applicable law or these Terms.

You are solely responsible for ensuring you have the right to monitor every Target you configure. We may suspend or remove monitors that appear to violate this section.

If we make an API available, your use of it is subject to these Terms and to any published rate limits, quotas, and plan limits (such as the number of monitors or minimum check interval). We may set, change, or enforce these limits to protect the Service and other users. You must not attempt to circumvent them, and we may throttle or suspend access that exceeds them or that we reasonably believe threatens the stability or security of the Service.

We may offer features labelled beta, preview, or experimental. These are provided as-is for evaluation, may be changed or withdrawn at any time, and may be less reliable than generally available features. Any warranties, service commitments, or support levels that might otherwise apply do not apply to beta features.

You retain all rights to your Content. You grant us the limited right to host, process, and transmit your Content as needed to operate and provide the Service to you. You are responsible for your Content and for having the necessary rights to it. You are also responsible for keeping your own copies of anything important; the Service is not a backup service.

• Paid Plans are billed in advance on a recurring basis (monthly or annually) and renew automatically for the same period until cancelled.
• Web subscriptions are sold and processed by our payment provider Paddle, which acts as merchant of record; in-app subscriptions are processed by Apple. Their terms also apply to the transaction, and your receipt and invoice may be issued by them.
• You authorize us and our payment providers to charge your payment method for the plan you select on each renewal, including applicable taxes, until you cancel.
• Fees are stated exclusive of taxes unless noted; you are responsible for any sales, use, VAT, or similar taxes, other than taxes on our income.
• If a payment fails, we may retry the charge and may suspend or downgrade paid features until payment succeeds.
• You can cancel at any time; cancellation stops future renewals and takes effect at the end of the current billing period. You keep access to paid features until then.
• Except where the Refund Policy or applicable law provides otherwise, fees already paid are non-refundable and we do not provide credits for partial periods.
• We may change prices; we will give notice before a change affects your next renewal, and the new price applies from that renewal unless you cancel first.

We provide reasonable support by email at team@rekwiem.com on a commercially reasonable basis. Unless we agree otherwise in writing, we do not offer a guaranteed response time or uptime service-level agreement (SLA), and none is implied by these Terms.

We may offer a free plan or trial. Free access is provided as-is and may be changed or discontinued at any time. We may apply limits (such as the number of monitors or check frequency) and may adjust them.

Refunds are handled as described in our Refund Policy, together with any non-waivable rights you have under applicable consumer law. Where a payment provider is the merchant of record, refunds may be processed through them.

The Service integrates with or relies on third-party services (for example, hosting, email delivery, payment, and sign-in providers). We are not responsible for third-party services, and your use of them may be subject to their own terms.

The Service, including its software, design, and trademarks, is owned by Rekwiem or its licensors and is protected by intellectual property laws. These Terms do not transfer any ownership in the Service to you.

We respect intellectual property rights. If you believe content on the Service infringes your rights, contact us at team@rekwiem.com with enough detail to identify the content and your rights, and we will review and respond. We may remove infringing content and may terminate the accounts of repeat infringers.

If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free right to use them to improve the Service, without any obligation to you.

Our handling of personal data is described in our Privacy Policy, which forms part of these Terms.

We aim to keep the Service reliable but do not guarantee that it will be uninterrupted, error-free, or that checks, alerts, or notifications will always be timely or accurate. Monitoring depends on networks and third parties outside our control. You should not rely on the Service as your sole safeguard against downtime or data loss.

To the maximum extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. This does not exclude any warranty that cannot be excluded under applicable law.

To the maximum extent permitted by law, Upcheck will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising from your use of the Service. Our total liability for any claim relating to the Service will not exceed the amount you paid us for the Service in the 12 months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law, including your non-waivable rights as a consumer.

You agree to indemnify and hold Upcheck harmless from claims, losses, and expenses arising out of your Content, your Targets, your use of the Service, or your breach of these Terms, except to the extent caused by our own fault.

• You may stop using the Service and delete your Account at any time.
• We may suspend or terminate your access if you breach these Terms, fail to pay, or use the Service in a way that harms others or us, or as required by law. Where practical and lawful, we will give notice and, for curable breaches, a chance to fix the problem first.
• On termination, your right to use the Service ends. You are responsible for exporting any Content you want to keep before your Account is deleted; we may delete your Content after the periods described in the Privacy Policy.
• Termination does not entitle you to a refund except as provided in the Refund Policy or required by law, and does not relieve you of fees already due.
• Sections that by their nature should survive termination (such as intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive.

We may modify the Service and update these Terms. If we make a material change, we will provide notice through the Service before it takes effect. Your continued use after a change takes effect means you accept the updated Terms.

You must comply with applicable export control and sanctions laws. You represent that you are not located in, and will not use the Service on behalf of anyone in, a country or region subject to comprehensive sanctions, and that you are not on any restricted-party list. You must not use the Service for any purpose prohibited by those laws.

We may give you notice through the Service, by email to the address on your Account, or by posting on our website; such notice is effective when sent or posted. You must send legal notices to us at team@rekwiem.com. It is your responsibility to keep your Account email current.

These Terms are governed by the laws of the Republic of Korea, without regard to conflict-of-laws rules. Disputes will be subject to the jurisdiction of the courts of the Republic of Korea. Nothing in this section deprives you of the protection of mandatory consumer-protection laws of the country where you reside.

• These Terms, together with the Privacy Policy and Refund Policy, are the entire agreement between you and us regarding the Service.
• If any provision is found unenforceable, the rest remains in effect.
• Our failure to enforce a right is not a waiver of it.
• You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• We are not liable for delays or failures caused by events beyond our reasonable control.
• Questions about these Terms: team@rekwiem.com.