Terms of Service

Lunolyte is established in the Netherlands and is being registered with the Dutch Chamber of Commerce (KvK). The legal name, KvK number, VAT identification number and business address of the party you contract with will be stated here before any paid subscription is offered.

In these terms, "Lunolyte", "we", "us" and "our" mean that party. It is the party you enter into the Agreement with.

You can reach us at [email protected].

In these terms the following words have the meaning given here.

• Service: the Lunolyte monitoring service, including the Platform, Checks, alerts, Status Pages and every related feature we make available.
• Platform: the web applications through which we provide the Service, including the customer portal and the Status Pages we host.
• Customer, you: the business or organisation that enters into the Agreement with us.
• Account: the Customer's environment on the Platform.
• User: a person to whom the Customer has given access to its Account, in any role, including a read-only viewer.
• Monitored Service: a single address (URL) that you add to your Account to be checked, such as a web page or an API endpoint.
• Check: an automated request we send to the address of a Monitored Service, and the result we record for it.
• Downtime: a period during which a Check reports a Monitored Service as unavailable. Downtime as recorded by Lunolyte is an observation made from our monitoring infrastructure. It is not a statement of fact about your systems.
• Incident: a record on the Platform that is opened automatically when a Check fails or degrades, or that you create or update yourself.
• Status Page: a page hosted by us that shows the state of your Monitored Services, your Incidents and your planned maintenance.
• Subscription: the paid plan you have chosen, together with any add-ons.
• Billing Period: the period you pay for in advance, being one month or one year.
• Third-Party Services: services of other providers that we rely on to deliver the Service, or that you choose to connect to it.
• Agreement: the contract between you and us, made up of the documents listed in section 3.4.

These terms apply to every offer we make, to every Subscription and to all use of the Service.

You accept these terms when you create an Account, start a Subscription or use the Service, whichever happens first.

Your own purchasing or other general terms do not apply, even if you refer to them in an order or a message, unless we have agreed to them in writing.

The Agreement consists of the documents below. If they contradict each other, the one higher in the list takes precedence:

• anything we have agreed with you individually in writing;
• the Data Processing Agreement, for the subjects it covers;
• these terms;
• the description of your plan and add-ons on our pricing page as it stood when you ordered or last renewed.

Where these terms require something to be done in writing, email is sufficient.

The Service is meant for businesses and professionals. By entering into the Agreement you confirm that you act in the course of a business or profession, and not as a consumer. See also section 29.

You must be at least 18 years old and legally able to enter into contracts.

If you enter into the Agreement on behalf of a company or other organisation, you confirm that you are authorised to bind it. "You" then means that organisation.

You may not use the Service if providing it to you would breach sanctions that apply to us. See section 28.

You must give us accurate and complete information when you sign up, including your billing and VAT details, and keep it up to date.

Signing in works through a link that we send to a User's email address. There are no passwords. This means that whoever controls that mailbox can sign in. You are responsible for keeping your Users' mailboxes secure and for everything that is done through your Account.

Every User must have their own access. A sign-in link is personal and must not be forwarded or shared.

You decide who gets access to your Account and in which role. You are responsible for your Users complying with these terms, and for removing Users who should no longer have access.

Tell us without delay if you suspect that someone has gained access to your Account who should not have it.

If you use the Service for your own clients, for example as an agency, you remain our Customer. Your clients have no agreement with us, and you are responsible for their use of the Status Pages and access you give them.

Requests made outside the Platform. A User who is signed in has shown who they are. If you ask us to do something with an Account in any other way, for example by email, we may first ask you to show that you are entitled to act for the Customer. We decide what is needed for that in the circumstances. It can include showing that you control an email address registered on the Account, giving the name of the Customer and of a User, giving the last four digits of the card or bank account that the Subscription is or was paid with, and any other information we can check against our own records. We will never ask for a full card or bank account number, and you must not send us one.

If you do not give us what we ask for, or it does not match our records, we may refuse the request, and we are not obliged to explain which part did not match. Within the limits of section 25, we are not liable for the consequences of refusing a request we could not verify, nor for carrying out a request that was verified in this way.

Lunolyte checks the Monitored Services you add and reports on what it observes. Depending on your plan and add-ons, the Service includes:

• HTTP status checks, which verify that a Monitored Service responds and returns the expected status;
• response-time checks, which measure how long a Monitored Service takes to respond;
• SSL certificate checks, which warn before a certificate lapses and report one that browsers refuse;
• DNS checks, which verify that the domain name of a Monitored Service resolves, tell you when it starts pointing somewhere new and, where its registry publishes this, warn before its registration ends;
• content checks, which verify that a page of a Monitored Service still shows a text you have chosen;
• alerts by email and, where your plan includes them, to Slack, Microsoft Teams or a webhook address of your choice;
• Status Pages, public or private, including branded pages for your own clients where your plan includes them;
• Incidents with a status workflow and a timeline, and the scheduling of planned maintenance;
• uptime and response-time history, analytics and reports.

Which features and limits apply to you depends on your plan and add-ons, as described on our pricing page at the time you order or renew.

Lunolyte observes your Monitored Services from the outside. We do not access, manage, change or repair your websites, servers or other systems, and nothing on the Platform should be read as a statement that we have fixed something.

Lunolyte only does what is described in this section. A Check requests one address and looks at the response it gets. It does not, for example, sign in, follow a sequence of steps, call the functions of an API, or monitor the security of your systems, the correctness of their content or the registration of your domain names.

We provide the Service with reasonable care and skill, on a best-effort basis. We do not commit to a particular result.

We do not guarantee that every failure or slowdown of a Monitored Service is detected, or that it is detected within a particular time.

We do not guarantee that an alert is sent, that it arrives, or that it arrives promptly. Delivery depends on email providers, messaging platforms, spam filters and, for webhooks, on the address you give us being reachable.

The check interval of your plan is a target. The actual moment of a Check varies. A failure that begins and ends between two Checks, or that is shorter than the interval, may never be seen.

Checks are sent from our own monitoring infrastructure, which may be a single location. A result shows whether your Monitored Service could be reached from there at that moment, and nothing more.

As a consequence, results can be wrong in both directions:

• a Monitored Service can be reported as down or slow while it works normally for your visitors or in other parts of the world;
• a Monitored Service can be reported as available while some or all of your visitors cannot reach or use it.

Results are affected by circumstances outside our control, such as internet routing, DNS, content delivery networks, firewalls, and rate limiting or blocking of our requests by your systems or your providers.

Incidents and Status Pages are updated automatically from Check results, including when a result is wrong. You decide whether a Status Page is public or private, and you are responsible for reviewing what it shows.

If an Incident was opened although the Monitored Service was in fact available, you can ask us to retract it and tell us why. If we agree, the Incident no longer appears on your Status Page, in reports or in your uptime figures. We keep a record of the Incident and of the reason, and your audit log shows that it was retracted. We do not retract an Incident for an outage that took place.

Our Checks are real requests to your Monitored Services. You need to allow them to reach those services, and they may appear in your logs and statistics and count towards usage that your own providers measure.

Lunolyte is not a substitute for backups, disaster recovery, security monitoring or your own supervision of your systems. Do not rely on it as the only safeguard for anything whose failure could lead to death, personal injury or serious damage.

We aim to keep the Service available at all times, but we do not guarantee that it will be uninterrupted or free of errors.

We carry out maintenance from time to time. Where reasonably possible we announce planned maintenance in advance, for example on our own Status Page. Urgent maintenance, for instance to fix a security problem, can take place without notice.

During maintenance or a disruption, Checks, alerts and Status Pages can be delayed or unavailable, and measurements for that period can be missing.

No service level agreement applies. Uptime figures that we publish on our website or our own Status Page are information, not commitments. You are only entitled to service levels or service credits if we have agreed them with you in a separate written agreement.

You confirm that, for every Monitored Service you add, you own it or have the explicit permission of its owner to have it checked by us. On request you will show us that this is the case.

You must not:

• add websites, endpoints or systems that you are not entitled to have monitored;
• use Checks, alone or in combination, to overload, disrupt or attack any system, or configure them so that they amount to a denial-of-service attack;
• use the Service to probe, scan or test the security of systems, including ours, without written permission from their owner;
• add addresses that host or distribute malware, phishing or other unlawful content, or use the Service for fraud or any other unlawful purpose;
• access the Platform by automated means other than the features we provide for that purpose, scrape it, or place an unreasonable load on it;
• bypass or attempt to bypass plan limits, access controls or other security measures of the Service;
• publish content on a Status Page that is unlawful, or that falsely suggests it comes from another organisation;
• resell or sublicense the Service, other than by giving your own clients access to Status Pages as your plan allows.

If we reasonably believe that you are in breach of this section, or if a third party complains about Checks you have configured, we may pause or remove the Monitored Service concerned, limit your Checks, or act under section 16. We will tell you when we do, unless the law prevents us.

Every plan has limits, for example on the number of Monitored Services, Status Pages, Users and viewers, on the check interval, on the alert channels and on how long history is kept. The Platform enforces these limits.

Monitoring history is kept for the retention period of your plan and is then deleted automatically. As measurements age, detailed results are condensed into hourly and daily summaries. Data that has been deleted or condensed cannot be restored.

We do not offer a public API. Outgoing alerts to a webhook address are the only programmatic interface of the Service.

We may apply reasonable technical limits, such as rate limiting, to protect the Service and its other users. If your use is persistently excessive compared with what your plan is meant for, we will contact you to find a solution before we restrict it, unless the stability or security of the Service requires us to act at once.

We offer the plans and add-ons shown on our pricing page. Your Subscription starts when your first payment has succeeded.

A Subscription is billed in advance, per month or per year, as you choose when ordering.

A Subscription renews automatically for a new Billing Period of the same length, each time, until it is cancelled under section 15 or ended under section 16.

We do not currently offer a free plan or a free trial. If we offer a trial in the future, its duration and conditions will be stated when it is offered.

Where the Platform lets you change plan, the change takes effect as described at the moment you make it. Moving to a smaller plan is only possible when your use at that moment fits within the limits of that plan.

Add-ons are part of your Subscription. They follow the same Billing Period and renew with it.

Our prices are in euros and exclude VAT and other taxes, unless we state otherwise.

We add VAT or a comparable tax to our prices where the law requires us to. If you are a business established in another EU member state and give us a valid VAT identification number, the reverse-charge mechanism may apply, in which case you account for the VAT yourself.

You must give us your correct country of establishment, business details and, where you have one, VAT identification number. Any tax, interest or penalty that results from details you gave us being incorrect is for your account.

Taxes, duties and levies that are due in your own country because of your purchase are your responsibility. You pay our invoices without deduction or set-off.

We may change our prices. We will tell you by email at least 30 days in advance. A new price applies from the first renewal after that notice period, and you can cancel before then under section 15 if you do not want to continue.

Payments are processed by our payment provider, Stripe. We do not receive or store your full card details. Stripe's own terms apply to the processing of your payment.

By starting a Subscription you authorise us to charge your payment method automatically at the start of every Billing Period, until the Subscription ends.

If a payment fails, we let you know by email and the payment is attempted again several times over the following period. You can also pay the open invoice yourself through the link in that email. Your access continues while these attempts are made.

If the invoice is still unpaid after those attempts, we may suspend your Account or end the Agreement under section 16. Checks, alerts and Status Pages may then stop.

We send invoices electronically, to the email address of your Account.

If you disagree with a charge, contact us first so that we can look into it before you dispute it with your bank or card issuer.

Payments are not refundable. This also applies when you cancel during a Billing Period, change to a smaller plan, or do not use the Service. We do not refund part of a Billing Period.

Disruptions of the Service, and alerts that were missed, late or incorrect, do not entitle you to a refund or a credit.

By way of exception, we refund the part of your prepaid fees that relates to the period after the Agreement ends when:

• we end the Agreement without this being due to you, under section 16.4;
• you cancel because a change to the Service or to these terms is materially to your disadvantage, under section 24.3 or section 30.3;
• the Agreement is ended because of force majeure, under section 27.3.

If we have charged you twice or by mistake, tell us and we will correct it.

This section does not limit any right to a refund that mandatory law gives you.

You can cancel your Subscription at any time, through your Account where that option is available, or by emailing us from the address of an owner of the Account.

A cancellation takes effect at the end of the Billing Period you have already paid for. Until then you keep access and the Service continues. You are not charged again.

This applies to yearly Subscriptions in the same way: the Subscription runs until the end of the year paid for.

This section does not limit any right to end the Agreement that mandatory law gives you.

We may suspend all or part of the Service for your Account, with immediate effect where necessary, if:

• an invoice remains unpaid after the attempts described in section 13.3;
• you breach section 9, or otherwise seriously breach the Agreement;
• your use of the Service creates a risk to the security or stability of the Service or to others;
• we are required to do so by law, by a court or by a competent authority, or because of sanctions;
• you are declared bankrupt, are granted a suspension of payments, or cease your business.

Where it is reasonable to do so, we tell you beforehand and give you the opportunity to put things right. We may act without prior notice when the situation is urgent.

We may end the Agreement in writing, without owing you compensation, if you have not remedied a breach within 14 days after we asked you to, or with immediate effect if the breach is serious or cannot be remedied.

We may also end the Agreement for other reasons, for example if we stop offering the Service, by giving you at least 30 days' notice in writing. In that case section 14.3 applies.

A suspension or termination that is due to you does not release you from payments already due and does not entitle you to a refund.

When the Agreement ends, access to your Account ends, Checks and alerts stop and your Status Pages go offline.

We keep the data in your Account for 30 days after the Agreement ends. During that period you can ask us for a copy of your configuration and stored monitoring data in a common electronic format.

If you start a new Subscription within those 30 days, using the same email address, you get your Account back as it was. This is only possible on a plan that covers what the Account holds at that moment, such as its number of Monitored Services, Status Pages and Users. If the plan you want does not cover it, contact us before you sign up.

If you cannot complete the sign-up yourself, contact us within the 30 days. We can then restore the Account for you, on a plan that covers it and once the new Subscription has been paid for. Because you cannot sign in to an Account that has ended, such a request is one made outside the Platform: we will verify it under section 5.7 before we act on it, and if you cannot provide what we ask for we may not be able to help you. The same applies to a request for a copy of your data.

The 30 days keep running while a request is open. A request that we have not been able to verify by the end of them does not postpone deletion.

After those 30 days we delete the data in your Account. Copies in our backups are overwritten on a rolling schedule and are gone within about 90 days after that.

We keep what the law requires us to keep, such as invoices and financial records, for which Dutch tax law prescribes seven years, and the limited records we need to establish, exercise or defend legal claims.

Deletion is permanent. Data that has been deleted cannot be restored, also not if you later start a new Subscription.

The Service, the Platform, the software behind them, our documentation, and the name and branding of Lunolyte are and remain our property or that of our licensors.

For the duration of your Subscription we give you a non-exclusive, non-transferable right to use the Service for your own business purposes, within the limits of your plan and of these terms.

You may not copy, modify, decompile or reverse engineer the Service or the software behind it, except to the extent that mandatory law allows you to, and you may not remove or obscure notices of ownership.

Where your plan includes white-label Status Pages, you may present those pages under your own name and branding. This gives you no other right to our software or our brand.

Everything you enter into the Platform, and the monitoring results for your Monitored Services, remain yours. In these terms we call this your data.

You give us the right to host, process, transmit and display your data to the extent needed to provide the Service to you, including publishing on your Status Pages what you have configured to be shown there.

We may use data that does not identify you, your Users or your Monitored Services, such as aggregated statistics about Checks, to operate, secure and improve the Service.

You are responsible for your data and for being entitled to give it to us. This includes the email addresses of the Users and viewers you invite.

Our Privacy Policy describes how we handle personal data for which we are the controller. Where we process personal data on your behalf as a processor, the Data Processing Agreement applies. It forms part of the Agreement, and you accept it together with these terms.

If you send us ideas, suggestions or other feedback about the Service, we may use them freely and without any obligation to you. Do not send us anything as feedback that you consider confidential.

To deliver the Service we rely on Third-Party Services, including providers of hosting and infrastructure, network and security services, email delivery, and payment processing.

You can connect the Service to Third-Party Services of your own choice, such as Slack, Microsoft Teams or a webhook destination. Your use of those services is governed by their terms, and you are responsible for the addresses and credentials you configure.

We select the providers we rely on with care. Their services are nevertheless outside our control, and to the extent the law allows we are not liable for their failures or for their acts and omissions.

We take appropriate technical and organisational measures to protect the Service and your data against loss and against unauthorised access.

No system is completely secure. We do not guarantee that the Service is free of vulnerabilities or that unauthorised access can never happen.

You are responsible for the security on your side. This includes the mailboxes your Users sign in with, and keeping webhook addresses and other secrets you configure confidential.

If we become aware of a security incident that affects your data, we will inform you without undue delay.

If you believe you have found a vulnerability in the Service, report it to us at [email protected] and give us a reasonable time to fix it before telling anyone else.

We may offer features that are marked as beta, preview or experimental. These are provided as they are. They can change, be limited or be withdrawn at any time, and we make no commitments about how well they work. Use them at your own risk.

The Service develops over time. We may add, change or remove features, and change how the Platform looks and works.

If we intend to remove or substantially reduce a feature that is part of your paid plan, we will tell you at least 30 days in advance where reasonably possible. Changes that are needed urgently, for security or legal reasons, can be made without notice.

If such a change is materially to your disadvantage, you may cancel your Subscription in writing with effect from the date the change takes effect. In that case section 14.3 applies.

This section applies to every liability we may have towards you in connection with the Agreement or the Service, whatever its legal basis, including breach of contract and unlawful act.

We are only liable for direct damage that results from a failure to perform the Agreement that is attributable to us. Direct damage means only:

• reasonable costs to establish the cause and the extent of the damage;
• reasonable costs to prevent or limit the damage;
• reasonable costs to have our performance conform to the Agreement.

We are not liable for indirect or consequential damage. This includes lost profit, lost revenue, lost savings, business interruption, loss of or damage to data, damage to reputation or goodwill, and claims of third parties against you.

In particular, and in line with section 7, we are not liable for damage that results from:

• a failure or slowdown of a Monitored Service that was not detected, or was detected late;
• an alert that was not sent, did not arrive or arrived late;
• an incorrect result, including one shown on a Status Page;
• your own websites or systems being unavailable or malfunctioning;
• decisions you take, or do not take, on the basis of information from the Service.

In all cases our total liability is limited to the amount, excluding VAT, that you paid us for the Service in the 12 months before the event that caused the damage. A series of connected events counts as one event.

The exclusions and limits in this section do not apply to damage caused by intent or deliberate recklessness on our part, or to the extent that liability cannot be excluded or limited under mandatory law.

We are only liable if you have given us written notice of the failure without delay after discovering it, with a reasonable period to put it right, and we have still not performed after that period. This notice is not required if performance has become permanently impossible.

Any claim against us lapses 12 months after you discovered, or could reasonably have discovered, the damage.

You indemnify us against claims of third parties, including the reasonable costs of defending them, that arise from:

• Checks on websites or systems you were not entitled to have monitored;
• your data, or content you publish on a Status Page;
• your use of the Service in breach of the Agreement or of the law;
• claims of your own clients or Users in connection with the Service.

We will inform you of such a claim without delay and give you the opportunity to take part in its defence.

We are not in breach of the Agreement, and not liable, when we cannot perform because of circumstances beyond our reasonable control.

These include, in any case: failures of the internet, telecommunications or electricity; failures at data centres, hosting providers or other Third-Party Services; DNS and routing problems; cyberattacks such as denial-of-service attacks and malware; fire, flood and other natural disasters; epidemics; war, terrorism and civil unrest; measures of governments or authorities; strikes; and illness of people who are essential to operating the Service.

If such a situation lasts longer than 60 days, either of us may end the Agreement in writing. Neither of us then owes the other compensation, and section 14.3 applies.

You may not use the Service in breach of export control or sanctions rules that apply to you or to us, including those of the European Union, the Netherlands and the United Nations.

You confirm that neither you nor the organisation you represent is the subject of such sanctions.

We may refuse, suspend or end the Service where we are legally required to, without owing compensation.

The Service is offered to businesses and professionals only, see section 4.1. Rules that protect consumers, including a statutory right of withdrawal, therefore do not apply to the Agreement, to the extent the law allows this.

If mandatory consumer protection law nevertheless applies to you, nothing in these terms limits the rights you have under that law.

We may change these terms.

We will announce a change by email or in the Platform at least 30 days before it takes effect. Changes that only correct or clarify the text, that are required by law, or that only concern new features can take effect sooner.

If you do not agree with a change, you can cancel your Subscription before the change takes effect. If the change is materially to your disadvantage and you cancel for that reason, section 14.3 applies.

If you continue to use the Service after a change has taken effect, you accept the changed terms.

The current version of these terms is always on our website, with the date of that version. You can ask us for an earlier version.

The Agreement is governed by the law of the Netherlands. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

If you have a complaint or a dispute with us, contact us first. We will try to resolve it with you in good faith.

Disputes that we cannot resolve together are submitted exclusively to the competent court in the Netherlands for the district in which Lunolyte is established. We may instead bring a claim before the court of the place where you are established.

If the mandatory law of your own country gives you rights that cannot be excluded by contract, those rights remain in place.

Language. These terms are written in English. If we provide a translation, it is for convenience only, and the English version prevails.

Transfer. You may not transfer the Agreement, or rights and obligations under it, without our written consent. We may transfer the Agreement to a party that takes over the Service or our business. You agree to this in advance, and we will inform you when it happens.

Severability. If a provision of these terms turns out to be invalid or unenforceable, the other provisions remain in force. The invalid provision is replaced by a valid one that comes as close as possible to what was intended.

No waiver. If we do not enforce a provision, or do so late, that does not mean we give up the right to enforce it later.

Entire agreement. The Agreement contains everything we have agreed about the Service and replaces earlier arrangements, statements and proposals about it.

Notices. We send notices under the Agreement to the email address of the owner of your Account. You are responsible for keeping that address current.

Survival. Provisions that by their nature are meant to continue after the Agreement ends do so. These include section 14, section 17, section 18, section 20, section 25, section 26 and section 31.

Questions about these terms, and all notices to us under the Agreement, can be sent to [email protected].