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Terms of Service

Effective date: January 29, 2025

1. Acceptance of Terms

These Terms of Service ("Terms") govern your use of the FlareWarden website monitoring service operated by FlareWarden LLC ("FlareWarden," "we," "us," or "our"). By creating an account or using our services, you agree to be bound by these Terms.

You must be at least 18 years old or have the authorization of a parent or guardian to use FlareWarden. By using our services, you represent that you meet these requirements.

2. Service Description

FlareWarden provides website and service monitoring, including:

  • Uptime monitoring for websites and APIs
  • SSL certificate expiration tracking and change detection
  • DNS record monitoring
  • Content change detection
  • Dependency monitoring for third-party services
  • Public status pages for communicating with your customers
  • Email and webhook notifications

3. Account Registration

To use FlareWarden, you must create an account. You agree to:

  • Provide accurate and complete registration information
  • Maintain the security of your password
  • Promptly update your information if it changes
  • Accept responsibility for all activity under your account

You may not share your account credentials or allow others to access your account.

4. Pricing and Billing

FlareWarden offers multiple pricing tiers:

  • Free: Limited monitors and features, no credit card required
  • Starter: $10/mo/month or $100/yr/year
  • Business: $29/mo/month or $290/yr/year
  • Growth: $79/mo/month or $790/yr/year
  • Agency: $229/mo/month or $2290/yr/year

Paid subscriptions can be billed monthly or annually. Annual billing provides 2 months free (approximately 17% savings). You may cancel at any time. Upon cancellation, you will retain access to paid features until the end of your current billing period.

We do not provide refunds for partial months. If you downgrade to a plan with fewer monitors, you must first reduce your monitor count to fit within the new plan's limits.

Promotional and Founding Member Pricing

From time to time, we may offer promotional pricing, including "Founding Member" discounts for users who subscribe during our early launch period. If you receive promotional or founding member pricing:

  • Lifetime discount: Your discounted rate continues for as long as you maintain an active, continuous subscription in good standing.
  • Loss of promotional pricing: You will lose your promotional pricing and revert to standard rates if any of the following occur:
    • You cancel your subscription
    • Your payment fails and your subscription becomes past due
    • You resubscribe after cancellation (the promotional period will have ended)
  • No reinstatement: Once lost, promotional pricing cannot be reinstated, even if you resubscribe immediately. You will be charged the standard rate for your plan.

We reserve the right to modify or discontinue promotional pricing programs at any time. The availability and terms of any promotional pricing are determined solely at our discretion.

Free Trial

FlareWarden may offer a free trial period for new paid subscriptions. If a trial is offered, the following terms apply:

  • Trial eligibility: Free trials are available only to accounts that have not previously used a trial. Each account is limited to one trial period, regardless of how many times you upgrade or downgrade.
  • Trial duration: The length of the trial period will be displayed at checkout. Trial periods are subject to change and may be modified or discontinued at any time.
  • Payment method required: A valid payment method is required to start a trial. You will not be charged during the trial period.
  • Automatic conversion: At the end of the trial period, your subscription will automatically convert to a paid subscription and your payment method will be charged, unless you cancel before the trial ends.
  • Cancellation during trial: You may cancel your trial at any time before it ends through your billing settings. If you cancel during the trial, your account will be downgraded to the Free plan at the end of the trial period and you will not be charged.
  • Full access during trial: During the trial period, you have full access to all features of the subscribed plan.

We reserve the right to determine trial eligibility, modify trial terms, or discontinue trial offers at any time without notice.

5. Acceptable Use Policy

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

Prohibited Activities

  • Monitor without authorization: Only monitor websites and services that you own or have explicit permission to monitor
  • Attack reconnaissance: Use FlareWarden to gather information for DDoS attacks, hacking, or other malicious activities
  • Monitor private networks: Attempt to monitor internal IP addresses, localhost, or private network resources (these are blocked by our SSRF protection)
  • Circumvent limits: Attempt to bypass rate limits, plan restrictions, or other technical controls
  • Share credentials: Share your account login with others or sell access to your account
  • Illegal activities: Use the service for any activity that violates applicable laws
  • Abuse the service: Send spam, harass others, or interfere with other users' use of the service

Rate Limits

To ensure fair use and service quality, the following limits apply:

  • Check intervals: 30 seconds to 1 hour (plan-dependent)
  • API rate limits apply to status page and export endpoints
  • Webhook delivery retries are limited per event

6. Intellectual Property

Our Property: FlareWarden, including its name, logo, website, and service, is owned by FlareWarden LLC. You may not copy, modify, or create derivative works based on our service without permission.

Your Data: You retain ownership of all data you provide to FlareWarden, including monitor configurations, check results, and status page content. By using our service, you grant us a limited license to process your data solely for providing the service.

7. Disclaimer of Warranties

FLAREWARDEN IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE:

  • 100% uptime or availability of our service
  • That monitoring results will be accurate or complete
  • That the service will meet your specific requirements
  • That notifications will always be delivered promptly

Monitoring Accuracy Disclaimer

Website monitoring inherently involves uncertainty. You acknowledge and agree that:

  • False positives may occur: FlareWarden may report that a website or service is down when it is actually operational. This can result from network routing issues, temporary packet loss, firewall rules, geographic network differences, or other factors outside our control.
  • False negatives may occur: FlareWarden may fail to detect an actual outage or degradation of your monitored services. No monitoring system can guarantee detection of all incidents.
  • Detection delays: There will always be some delay between when an incident occurs and when it is detected and reported, based on your configured check intervals and validation settings.
  • Notification delivery: Email and webhook notifications depend on third-party services and network conditions. We cannot guarantee delivery or delivery timing of any notification.

Monitoring results are provided for informational purposes only. You should not rely solely on FlareWarden for critical business decisions, incident response, or SLA calculations without independent verification. FlareWarden is a tool to assist your operations, not a replacement for comprehensive monitoring strategies.

Status Page Disclaimer

If you use FlareWarden's public status pages to communicate with your customers, you are solely responsible for the accuracy and completeness of information displayed. FlareWarden is not responsible for any claims, damages, or losses arising from your customers' reliance on your status page, including automated status updates based on monitoring data.

No Service Level Agreement

FlareWarden does not offer any Service Level Agreement (SLA) or uptime guarantees. We do not provide credits, refunds, or compensation for service interruptions, regardless of duration or cause. The service is provided on a "best efforts" basis. You acknowledge that occasional service unavailability is inherent to any internet-based service.

Compliance Disclaimer

FlareWarden is not certified for or compliant with specific regulatory frameworks including but not limited to SOC 2, HIPAA, PCI-DSS, FedRAMP, or ISO 27001. You are solely responsible for ensuring your use of FlareWarden meets your compliance requirements. FlareWarden should not be used as the sole monitoring solution for systems requiring regulatory compliance without independent verification.

No Professional Advice

FlareWarden provides monitoring tools and data for informational purposes only. Nothing in our service constitutes professional, technical, legal, or business advice. You should consult appropriate professionals before making decisions based on monitoring data.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • FlareWarden is not liable for any indirect, incidental, special, consequential, or punitive damages
  • FlareWarden is not liable for any decisions you make based on monitoring data
  • FlareWarden is not liable for downtime or outages of third-party services
  • Our total liability is limited to the amount you paid us in the 12 months preceding the claim

Monitoring-Specific Limitations

Without limiting the above, FlareWarden is specifically not liable for:

  • Missed outages: Any failure to detect, report, or notify you of an outage or degradation of your monitored services
  • False alerts: Any false positive alerts that may cause you to take unnecessary action or cause alarm
  • Delayed notifications: Any delay in delivering alerts, regardless of cause
  • SLA impacts: Any impact to your service level agreements with your customers based on monitoring data or status page information
  • Lost revenue: Any revenue loss, business interruption, or lost profits resulting from monitoring failures, inaccuracies, or service unavailability
  • Third-party claims: Any claims from your customers or other third parties based on your status page content or monitoring data
  • Data loss: Loss of monitoring data, check history, or configuration data

Some jurisdictions do not allow limitations on implied warranties or liability, so these limitations may not apply to you.

9. Indemnification

You agree to indemnify and hold harmless FlareWarden LLC, its officers, employees, and agents from any claims, damages, or expenses (including reasonable attorney fees) arising from your use of the service, your violation of these Terms, or your violation of any third-party rights.

10. Third-Party Service Dependencies

FlareWarden relies on third-party services to operate, including but not limited to:

  • Fly.io: Cloud hosting and infrastructure
  • Turso: Database hosting and replication
  • Resend: Email delivery for notifications
  • Stripe: Payment processing

We are not liable for any failure, outage, degradation, or limitation of these third-party services. Changes to third-party services, including pricing changes, feature modifications, or service discontinuation, may affect FlareWarden functionality. We will make reasonable efforts to notify you of significant changes, but cannot guarantee uninterrupted service due to third-party dependencies.

You acknowledge that the availability and performance of FlareWarden is dependent on these third-party services, and you assume the risk associated with this dependency.

11. Termination

By You: You may delete your account at any time through your account settings. Account deletion is immediate and permanent. All your data, including monitors, team members, status pages, and historical data, will be permanently deleted.

By Us: We may suspend or terminate your account if you violate these Terms. For material violations, we may terminate immediately. For minor violations, we will provide notice and an opportunity to cure before termination.

We may also discontinue the service entirely with 30 days' notice.

12. Beta and Experimental Features

From time to time, we may offer beta, preview, or experimental features ("Beta Features"). If you choose to use Beta Features:

  • No Warranty: Beta Features are provided "as is" without any warranty of any kind, express or implied
  • Subject to Change: Beta Features may be modified, suspended, or discontinued at any time without notice
  • Limited Support: Beta Features may have reduced or no customer support
  • Data Loss Risk: Beta Features may result in data loss or corruption
  • Not for Production: Beta Features should not be relied upon for production or critical business operations

Your use of Beta Features is entirely at your own risk. We are not liable for any damages arising from your use of Beta Features.

13. Modifications to Terms

We may modify these Terms at any time. For material changes, we will notify you by email or by posting a prominent notice on our website at least 30 days before the changes take effect. Your continued use of FlareWarden after changes are effective constitutes your acceptance of the new Terms.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Indiana, USA, without regard to conflict of law principles.

Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at support@flarewarden.com and attempt to resolve the dispute informally for at least 30 days. Most disputes can be resolved quickly and amicably through direct communication.

Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or your use of FlareWarden shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Indianapolis, Indiana, USA, or remotely at the arbitrator's discretion.

The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Each party shall bear its own costs and attorney fees, unless the arbitrator determines that a claim was frivolous, in which case the losing party shall pay the prevailing party's reasonable costs and fees.

Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against FlareWarden. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Exceptions

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights. Additionally, claims within the jurisdiction of small claims court may be brought in such court.

Opt-Out

You may opt out of this arbitration agreement by sending written notice to support@flarewarden.com within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in the state or federal courts located in Indiana, and you consent to the personal jurisdiction of these courts.

15. Force Majeure

FlareWarden shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to:

  • Natural disasters, acts of God, or extreme weather events
  • Pandemics, epidemics, or public health emergencies
  • War, terrorism, riots, or civil unrest
  • Government actions, laws, or regulations
  • Internet or telecommunications failures not caused by FlareWarden
  • Cyberattacks, including DDoS attacks targeting our infrastructure
  • Failures of third-party services we rely on (cloud providers, email services, etc.)
  • Power outages or utility failures

During any such event, our obligations will be suspended for the duration of the event. We will use reasonable efforts to notify you of any force majeure event and resume normal service as soon as practicable.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17. Survival

The following sections survive termination of these Terms: Section 6 (Intellectual Property), Section 7 (Disclaimer of Warranties), Section 8 (Limitation of Liability), Section 9 (Indemnification), Section 10 (Third-Party Service Dependencies), Section 14 (Governing Law and Dispute Resolution), Section 15 (Force Majeure), and any other provisions that by their nature should survive termination.

18. Entire Agreement

These Terms, together with our Privacy Policy and Data Processing Agreement, constitute the entire agreement between you and FlareWarden regarding your use of the service.

19. Contact Us

If you have questions about these Terms, please contact us at:

FlareWarden LLC
Email: support@flarewarden.com