Terms of service

THESE TERMS AND CONDITIONS ARE THE CONTRACT BETWEEN YOU AND PINGDOM AB. PLEASE READ THEM CAREFULLY BEFORE SIGNING UP FOR OR USING THE PINGDOM SERVICE.

By using the service provided on the Pingdom.com website’s (“Service”), a service of Pingdom AB (“Pingdom”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Use of Your Pingdom Account

1. You must use a valid email address for your Pingdom account.
2. You must not use the Service for any illegal or abusive purposes.
3. Only one free account per person or legal entity is allowed.
4. You are solely responsible for the security of your account and keeping your password safe.

Payment and Billing

1. You must provide Pingdom with accurate billing information and keep this information up to date. This applies to all paid accounts , and also for free accounts if you are using and paying for any extra services.
2. By subscribing to the Service you give Pingdom the right to charge your credit card, or bill you via other payment methods, for fees connected with the Service such as renewal fees or fees for extra services.
3. The Pingdom Service is a subscription service. You pay in advance for each billing cycle on the first day of that cycle.
4. Your Pingdom account will be renewed automatically until you cancel the Service.
5. You are responsible for all charges incurred related to your Pingdom account, including any applicable taxes or extra service fees.
6. The first 30 days of a new, paid account are free of charge and act as a free trial period. Unless you cancel your paid account or change it to a free account before the billing is processed on the 30th day after signup you will be billed for the first billing cycle (the one you chose when signing up).
7. You can at any time change between different billing cycles. The new billing cycle length takes effect after the expiration of the current cycle (i.e. at the next renewal date).

Refund Policy

1. If you wish to ask for a refund or have an invoice cancelled, you need to send an email to refund@pingdom.com within 7 days (one week) of the invoice date. The email needs to contain your Pingdom user id (the email you use to log in to Pingdom) and the invoice number of the invoice in question. You will receive an automatic confirmation email back that acts as your receipt and proof that Pingdom has received your refund request.
2. If you do not receive this receipt email it is your responsibility to contact Pingdom within these 7 days via phone or email to manually confirm that Pingdom has received your request.

Upgrading and Downgrading of Accounts

1. You can at any time upgrade or downgrade to a different Pingdom account type inside the Pingdom control panel. The change to your account type will take effect immediately and apply to all future invoices.
2. After an upgrade you will be billed right away for the remaining time until the next renewal (the amount will be reduced with what you have already paid).
3. After a downgrade you will be billed at the next renewal date.

Cancellation and Termination of Service

1. You may at any time cancel your Pingdom account inside the Pingdom control panel provided that any past invoices have been paid. Pingdom does not accept cancellations via email or phone.
2. Any abuse of the Service will lead to termination of your account. Pingdom reserves the right to decide what is considered abuse of the Service.

API Usage

1. The Pingdom API is provided “as is” and “as available”.
2. The API is subject to change and may be modified from time to time.
3. You must not use an excessive amount of API requests and querying. What is considered excessive is decided at the sole discretion of Pingdom.
4. Pingdom reserves the right to limit the amount of allowed requests to the API (throttling).
5. Pingdom reserves the right to block the use of the API entirely for specific accounts or IP addresses if they are deemed by Pingdom to be using the API in an excessive manner.

Use of Customer’s Name and Company Name

1. Pingdom reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on the Pingdom.com website and other communication with existing or potential Pingdom customers. To decline Pingdom this right you need to email support@pingdom.com stating that you do not wish to be used as a reference.

Changes to Terms of Service

1. These Terms of Service may be updated from time to time without prior notice. The current Terms of Service are always available at http://pingdom.com/termsofservice/.

Disclaimer

1. The Pingdom Service is provided “as is” and “as available”.
2. Pingdom reserves the right to modify the Service from time to time at any time, including adding and removing features and package types.
3. Pingdom reserves the right to discontinue the Service at any time after a 30-day notice via email.
4. Pingdom reserves the right to change the prices for the Service and any connected extra services at any time.
5. Pingdom gives no warranties regarding the correctness of the data collected with the Service or any potential corruption or loss of such data.

Limitation of Liability

1. You expressly understand and agree that Pingdom shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Pingdom has been advised of the possibility of such damages), resulting from: 1. the use or the inability to use the Pingdom service; 2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Pingdom service; 3. unauthorized access to or alteration of your transmissions or data; 4. statements or conduct of any third party on the Pingdom service; or 5. any other matter relating to the Pingdom service.
2. Any decisions or claims you make based on data from the Pingdom Service are your sole responsibility. Pingdom shall not be held liable for any such decisions or claims.
3. In no event shall Pingdom's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.

Indemnification

1. You agree to indemnify, defend and hold harmless Pingdom and its officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney fees) arising from your use of the Pingdom service, your violation of the terms of use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
2. You agree to immediately notify Pingdom of any unauthorized use of your account or any other breach of security known to you.

Other

1. If any part of this Terms of Service would be determined by any competent authority to be invalid, unlawful or unenforceable, the remainder of the Terms of Service shall continue to be valid and enforceable to the fullest extent permitted by law.

Dispute

1. This contract  shall be governed by the substantive law of Sweden.
2. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be solved by the District Court of Stockholm in Sweden.