Terms of Service

Uptimia — operated by JJ Online GmbH | Last updated: 27 May 2026 | HRB 235074 B, Amtsgericht Berlin-Charlottenburg

Controlling language. This document is published in English and translated into one or more additional languages for convenience. In case of conflict or ambiguity between language versions, the English version prevails.

#Definitions

The following terms have specific meanings throughout this document:

• "Company", "we", "us", "our" — JJ Online GmbH, the entity that operates the Uptimia platform, incorporated under the laws of Germany, with its registered address at Schönhauser Allee 163, 10435 Berlin, Germany.
• "Uptimia" — the software platform, website, application, and all associated services operated by the Company under the Uptimia brand.
• "Service" — all features, tools, functionality, and content made available through Uptimia, including uptime monitoring, page-speed monitoring, RUM (real user monitoring), transaction monitoring, domain/SSL expiry monitoring, alerting, status pages, public availability test tools, and any APIs or integrations.
• "User", "you", "your" — any individual or legal entity that accesses or uses the Service, whether under a paid Subscription or a free plan.
• "Consumer" — a User who is a natural person acting for purposes outside their trade, business, craft, or profession (§ 13 BGB), or the equivalent definition under the law of the User's country of residence (for example, s.2(3) of the UK Consumer Rights Act 2015 for UK Consumers, or any analogous definition in the User's domestic consumer-protection law).
• "Business Customer" — a User who accesses the Service in the course of their trade, business, craft, or profession (§ 14 BGB), or the equivalent definition under the law of the User's country of residence.
• "Monitored Resource" — any URL, hostname, certificate, transaction script, or other target you configure for monitoring under your Account.
• "Monitoring Output" — the data produced by the Service in connection with your Monitored Resources, including uptime status, response time samples, content snapshots, screenshots from transaction monitoring, RUM events, and alert history.
• "Account" — the registered profile and associated data created by a User to access the Service.
• "Subscription" — a paid plan that grants access to the Service on a recurring billing basis.
• "Content" — any information, text, data, configuration, or material submitted to the Service by a User.
• "Usage Data" — data collected automatically about how the Service is accessed and used, including technical diagnostics, session data, and interaction logs.

#1. Who we are and what these Terms cover

Uptimia is operated by JJ Online GmbH, a company incorporated under the laws of Germany, with its registered address at Schönhauser Allee 163, 10435 Berlin, Germany.

These Terms of Service ("Terms") govern all access to and use of the Uptimia platform and Service. By creating an Account, selecting a Subscription plan, or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

If you are acting on behalf of a company or other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms. In that case, references to "you" throughout these Terms mean both you individually and the entity you represent.

These Terms apply to all Users, regardless of plan or location, subject to the jurisdiction-specific provisions in Section 27.

Controlling language. This document is published in English and translated into one or more additional languages for convenience. In case of conflict or ambiguity between language versions, the English version prevails.

#2. Important notice: Uptimia is a monitoring tool, not a guarantee of uptime

Uptimia is a third-party observability platform. We measure the availability and performance of your Monitored Resources from a distributed probe network and report what our probes observe. We are not the operator, hosting provider, ISP, or network carrier of your Monitored Resources — and our measurements cannot themselves cause or prevent an outage of those resources.

The Monitoring Output we provide reflects what our probes observed at the times they observed it. Probe results can be affected by network conditions on the probe side, intermediate network paths, DNS propagation timing, geographic routing decisions, and provider rate-limiting against our probes. We use industry-standard practices to reduce false positives (multi-region confirmation, retries with backoff) but we do not represent that the Monitoring Output is a definitive record of every transient or geo-localised event affecting your Monitored Resources.

We strongly recommend you cross-check critical incident events against your own server logs, application telemetry, or upstream provider status pages before basing operational decisions (capacity, SLA credit calculations, postmortem conclusions) on Uptimia's records alone.

#3. Eligibility

To use the Service, you must:

• Be at least 18 years old (or the age of legal majority in your jurisdiction, if higher)
• Be legally capable of entering into binding contracts under the laws of your jurisdiction
• Not be located in a country or territory subject to a trade embargo or sanctions designation that would prohibit you from using the Service
• Not have had a prior Account permanently terminated by us for a breach of these Terms

If you are registering on behalf of an organisation, you additionally warrant that you have the authority to bind that organisation to these Terms and that the organisation meets these eligibility requirements.

We reserve the right to verify eligibility at any time and to decline or revoke access where eligibility requirements are not met.

Not directed to children. The Service is not directed to, nor intended for, children under the age of 16. We do not knowingly collect Personal Data from children under 16. If you are a parent or legal guardian and become aware that a child under 16 has provided Personal Data through the Service, please contact us at privacy@uptimia.com and we will delete the data and the associated Account without undue delay.

#4. Account registration and security

Registration. To access the Service you must create an Account by providing accurate, current, and complete registration information. You agree to keep this information up to date throughout your use of the Service.

Security. You are responsible for choosing a strong, unique password for your Account and for maintaining its confidentiality. You must not share your login credentials with any third party or permit others to access the Service using your Account. You accept full responsibility for all activity that occurs under your Account, whether or not that activity was authorised by you.

Breach notification. If you become aware of any actual or suspected unauthorised access to your Account or any security breach affecting your credentials, you must notify us immediately at admin@uptimia.com.

Account accuracy. We reserve the right to suspend or terminate Accounts where registration information is found to be false, misleading, or significantly incomplete, where the Account appears to be inactive for an extended period, or where we have reasonable grounds to believe the Account is being operated in breach of these Terms.

No duplicate Accounts to circumvent limits. You must not create or maintain multiple Accounts where the purpose or effect is to circumvent Free-plan limits, evade payment obligations, or evade enforcement of these Terms (in particular Section 7 — Limits on Monitoring Targets, and Section 9 — Acceptable Use). Subject to that, there is no restriction on the number of Accounts a person or entity may maintain — a small consultancy whose principals each genuinely operate their own customer base is welcome to register one Account per principal, an agency may register separate Accounts for separate clients, and so on. The restriction is on misuse of multi-Account creation, not on the count as such.

#5. Description of the Service

Uptimia provides a web-based platform that enables Users to monitor websites, applications, APIs, and supporting infrastructure. Core capabilities include:

• Uptime monitoring — HTTP/HTTPS, ICMP, TCP, and port checks from a distributed multi-region probe network, with configurable frequency and alert thresholds
• Page-speed monitoring (FPL) — real-Chrome measurements against your production URLs with PageSpeed and accessibility scoring
• Real User Monitoring (RUM) — JavaScript-based collection of page-load times, browser / device distribution, geographic distribution, and JavaScript-error events from your real visitors (subject to your visitors' consent under your own privacy disclosures and to your warranty under § 17.2 below regarding § 25 TDDDG / Art. 5 (3) ePrivacy Directive consents)
• Transaction monitoring — synthetic multi-step browser flows that you build in our editor, executed on a recurring schedule, with a screenshot captured at each step
• Domain and SSL monitoring — WHOIS-based domain-expiry tracking and SSL-certificate expiry tracking
• Mixed-content and content-change monitoring — detection of HTTP/HTTPS mixing and configured-keyword changes
• Virus / malware screening of monitored URLs via the Google Web Risk API (URL only — no payload data is sent)
• Server monitoring via our server agent — CPU, memory, swap, disk, network, load average, uptime, process count
• Alerting — delivery of incident notifications via email, SMS (Twilio), WhatsApp (Meta WhatsApp Business Cloud), Slack, Microsoft Teams, Discord, Mattermost, Telegram, PagerDuty, Atlassian Statuspage, X (formerly Twitter), and generic webhooks you configure
• Status pages — branded or white-label status pages you publish to your own audience
• Free public availability test tool — a no-account-required multi-region availability and speed test for any URL, made available for convenience
• API access — programmatic access to your monitoring data on eligible Subscription plans

The features available to you at any given time are determined by the Subscription plan you have selected. A full description of plan features and limits is available on the pricing page. We reserve the right to modify, add, withdraw, or limit features at any time, subject to the notice requirements in Section 23.

Out of scope. Uptimia is deliberately not an APM / tracing / profiling / session-replay product. Specifically, the Service does not provide: incident response coordination, on-call rotation management, application performance monitoring (APM), distributed tracing, source-code profiling, session replay, Core Web Vitals (LCP / INP / CLS / TTFB) in RUM, filmstrip, waterfall, run-vs-run comparison, or deploy hooks in page-speed monitoring, or HARs, console logs, or replay in transaction monitoring. We are deliberately not those things — see our positioning page.

Probe IP addresses (monitoring checkpoints). We publish the current IP addresses of our monitoring probes ("checkpoints") at https://uptimia.com/monitoring-checkpoints (localised versions of this page are available in the other languages we support). We provide this list so that you can allowlist our probes in your firewalls, web application firewalls, rate-limiters, or geo-blocking rules. Our probe network changes over time, and we reserve the right to add, remove, or change these IP addresses from time to time — for example, to migrate, upgrade, or re-provision probes, or in response to datacenter changes by our underlying infrastructure providers. Where a change to our probe IP addresses results from a planned probe migration, we will notify affected Customers by email at least three (3) days in advance of the migration. The published list at the address above is the authoritative source for our current probe IP addresses at any given time, and you are responsible for keeping any allowlists you maintain in step with it.

#6. Your responsibility for the accuracy of information you provide

The accuracy and usefulness of any Monitoring Output is wholly dependent on the configuration you supply: the URLs you choose to monitor, the authentication headers and request payloads you provide for authenticated checks, the transaction scripts you build, the alert thresholds you set, and the destinations you configure for alert delivery. We cannot audit, verify, or validate the configuration you submit.

You are solely and exclusively responsible for:

• Ensuring that the URLs, hostnames, certificates, and transaction scripts you configure accurately reflect the resources you intend to monitor
• Confirming that you have the right to monitor each Monitored Resource — particularly where the resource is operated by a third party, or where monitoring may trigger rate limits, abuse blocks, or terms-of-service issues with the resource operator
• Reviewing the alert configuration to ensure that the right people are alerted on the right events, and that alert delivery channels are correctly authenticated and tested
• Configuring authentication credentials in transaction scripts and authenticated HTTP checks with the data-minimisation principle in mind — only the credentials necessary to reach the monitored response, with regular rotation
• Verifying that PII or other sensitive data is not inadvertently captured in screenshots, response snapshots, or transaction-step logs — see Section 17 for the data-processor framing and our retention controls
• Avoiding PII in monitored URLs. Where you configure URLs to be monitored, please avoid embedding personally-identifying or sensitive data (session tokens, bearer tokens, API keys, end-user email addresses, reset tokens, or comparable identifiers) in the URL itself, including its query string — wherever possible, place such values in request headers or POST bodies that the probe submits separately, rather than in the URL path or query string. Our probes process check results in memory and do not persist Customer Personal Data at rest beyond transient operational logs (see § 17.3 for the 14-day rotation), but the URL of a failed check may be written to those operational logs, so URL hygiene on your side is the most effective protection against accidental capture of PII in those logs

We make no representation and give no warranty that any Monitoring Output is sufficient to detect every event of operational concern, or that its absence constitutes evidence that no such event occurred.

#7. Limits on monitoring targets

You may use the Service only to monitor resources that you (a) own or operate, (b) have permission from the operator to monitor, or (c) are publicly accessible and intended for public access (e.g. public status pages, public APIs, public homepages). You must not:

• Use Uptimia to probe, scan, stress-test, or scrape resources you are not authorised to interact with
• Configure check frequencies, parallel checks, or transaction-monitoring scripts so as to generate a load against a third-party endpoint that you do not operate that exceeds reasonable monitoring volume — as a guide, more than one synchronous request every 30 seconds against a single endpoint you do not operate, from the same monitor configuration, would not be considered reasonable monitoring traffic, and we may treat sustained loads above that threshold as a Denial-of-Service or DDoS-style use. This guidance does not apply to resources you yourself own or operate: against your own resources, you may freely use the highest check frequency your Subscription plan supports (including sub-30-second cadences where the plan offers them), because monitoring your own infrastructure cannot be a denial-of-service attack on a third party
• Configure check frequencies or transaction scripts so as to circumvent rate limits or anti-abuse controls on a third-party resource
• Monitor resources in any way that would violate the Terms of Service of the resource operator

We reserve the right to investigate any Monitored Resource configured under your Account, to suspend specific monitors that appear to violate this section pending investigation, and to terminate Accounts that demonstrate a pattern of unauthorised monitoring.

#8. Beta features and previews

From time to time, we may make features, tools, or functionality available in "beta", "preview", "early access", or "experimental" form. These features are provided for evaluation purposes and are offered strictly on an as-is basis, without any representations as to fitness for purpose, reliability, accuracy, or readiness for production use.

Beta features may be changed, suspended, or permanently removed at any time without notice. We will not be liable for any loss or damage resulting from your reliance on beta functionality. Your use of any beta feature constitutes acceptance of these additional conditions.

Nothing in this Section 8 excludes or limits: (a) the statutory rights of Consumers under §§ 327a ff. BGB (digital-services conformity), (b) the liability carve-outs listed in § 18 (Disclaimer of Warranties), or (c) the liability carve-outs in § 19.2 (No limitation for the following). Where this Section 8 conflicts with any of the foregoing, those provisions prevail.

#9. Acceptable use

You may use the Service only for lawful purposes and in accordance with these Terms. Without limitation, you agree not to:

With respect to the Service itself:

• Circumvent, disable, exploit, or otherwise interfere with any security, authentication, or access control feature of the Service
• Attempt to probe, scan, or test the vulnerability of the Service or any related system or network without prior written authorisation from us
• Use automated scripts, bots, crawlers, or scrapers to extract data from the Service without our written consent
• Reverse-engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or trade secrets underlying the Service
• Resell, sublicence, white-label, or otherwise commercially exploit access to the Service or its outputs beyond the scope of the white-label features permitted by your Subscription plan
• Submit Content (including transaction scripts) that contains malware, viruses, Trojan horses, or any other harmful or disruptive code
• Use the Service in a manner that places an unreasonable or disproportionate load on our infrastructure (excessive monitor counts beyond plan limits, abusive API call patterns, etc.)

With respect to Monitored Resources:

• Use Uptimia to monitor resources you are not authorised to monitor (see Section 7)
• Use the Service to misrepresent the operational status of any third-party resource — for example, by publishing a status page showing favourable measurements about a competitor's service for commercial gain
• Tamper with monitoring history, incident records, or any other record produced by the Service to misrepresent past availability

General conduct:

• Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Harass, threaten, or abuse any member of our team or other users
• Violate any applicable law, regulation, or third-party right

We reserve the right to investigate suspected violations and to suspend or terminate access without notice where a violation is confirmed or reasonably suspected.

Coordinated-disclosure safe harbour for security researchers. The prohibition on probing, scanning, or testing the vulnerability of the Service without prior written authorisation does not apply to good-faith security research that follows the coordinated-disclosure rules below. If you believe you have identified a security vulnerability in the Service, please report it to admin@uptimia.com with the subject line "Security Disclosure". Good-faith research is research that, in addition to the report above: (a) does not access, modify, exfiltrate, or destroy data belonging to any User other than test data you control on accounts you own; (b) does not degrade the Service for other Users (no denial-of-service, no high-volume fuzzing of production endpoints, no exhaustion of rate limits beyond what is needed to demonstrate the issue); (c) does not pivot from the initial finding into unrelated systems or Sub-processors; (d) does not publicly disclose the vulnerability before we have had a reasonable opportunity to remediate (we aim to acknowledge reports within 5 business days and to agree a coordinated-disclosure timeline with you). Where you act in good faith and within these rules, we will not pursue legal action under § 202a/§ 202c StGB, the Computer Misuse Act 1990 (UK), the Computer Fraud and Abuse Act (US), or analogous foreign laws, and we will not invoke this § 9 against you. Activity that falls outside the rules above (in particular, exfiltrating real User data, demanding payment as a precondition to disclosure, or selling the finding to a third party) is not good-faith research and remains a violation of these Terms.

#10. Intellectual property and notices of illegal content

Our intellectual property. The Uptimia platform — including its software, source code, algorithms, probe network design, monitoring engines, screenshot pipeline, status page templates, user interface, design, branding, trade marks, and all documentation — is owned by or licensed to the Company and is protected by intellectual property laws worldwide. These Terms do not transfer any ownership of our intellectual property to you. Any rights not expressly granted in these Terms are reserved.

Your intellectual property and Content. You retain ownership of all Content you submit to the Service, including monitor configurations, transaction scripts, status-page text and branding, and any data Monitoring Output specifically associated with your resources. By submitting Content to the Service, you grant us a non-exclusive, worldwide, royalty-free licence to process, store, and use that Content solely to the extent necessary to provide the Service to you.

Licence to use the Service. Subject to your compliance with these Terms and timely payment of applicable fees, we grant you a limited, non-exclusive, non-transferable licence (revocable only in accordance with § 21 — Account Suspension and Termination) to access and use the Service for your own lawful internal business purposes — or, on white-label and agency plans, for the lawful purposes of your end clients within the scope of those plans. This licence does not extend to resale, sublicensing, redistribution, or public display of the Service beyond what your plan explicitly permits.

Feedback and suggestions.

For Business Customers: if you submit feedback, ideas, suggestions, or feature requests to us, you grant the Company a perpetual, irrevocable, worldwide, royalty-free licence to use, implement, adapt, and commercialise that feedback without any obligation to compensate you or maintain its confidentiality.

For Consumers: if you submit feedback, ideas, suggestions, or feature requests to us, you grant the Company a non-exclusive, royalty-free licence to use such feedback to improve and develop the Service. This licence is limited to the purposes of operating, maintaining, and improving the Service; we will not separately commercialise your individual feedback as a stand-alone product. We make no claim to your moral rights (Urheberpersönlichkeitsrechte) and do not require you to maintain confidentiality. This narrower scope is provided in order to remain compatible with § 307 BGB (Inhaltskontrolle) for consumer terms.

#10.1 Notice-and-action under the EU Digital Services Act

Where the Service hosts user-supplied content visible to third parties — in particular text and branding published on Uptimia-hosted public status pages, and any other content a customer chooses to disseminate through the Service — we operate as a hosting service within the meaning of Art. 3 (g) of Regulation (EU) 2022/2065 (the Digital Services Act, "DSA"), and to the extent we disseminate that content publicly we accept that we may also be an online platform within the meaning of Art. 3 (i) DSA. We comply with the obligations applicable to a hosting service of our size below.

Notices of allegedly illegal content (Art. 16 DSA). Any individual or entity may submit a notice that specific content stored or disseminated through the Service is illegal under Union law or the law of a Member State. To facilitate the submission of sufficiently substantiated notices, we provide a dedicated, no-login web form at https://uptimia.com/dsa-notice (linked from the public footer of every marketing page). The form is the preferred channel because it captures all elements required by Art. 16 (2) DSA and issues an automatic, time-stamped receipt to the notifier on a durable medium. As an equally-effective alternative you may send the notice by email to dsa@uptimia.com (or, as a fallback, admin@uptimia.com) with the subject line "DSA Notice", and include:

• a sufficiently substantiated explanation of the reasons why you consider the content in question to be illegal;
• a clear indication of the exact electronic location (URL) of the content, and where applicable, additional information enabling its identification;
• your name and email address (except where the notice relates to content reasonably believed to involve offences referred to in Arts. 3 to 7 of Directive 2011/93/EU, in which case anonymous notices are accepted); and
• a statement confirming your good-faith belief that the information and allegations in the notice are accurate and complete.

Handling. We will send you a confirmation of receipt of your notice without undue delay. We will process notices in a timely, diligent, non-arbitrary, and objective manner. Where a notice contains the elements above, we will consider it to give rise to actual knowledge or awareness for the purposes of Art. 6 DSA in respect of the specific item identified.

Statement of reasons (Art. 17 DSA). Where we restrict the visibility of, remove, disable access to, or take any of the other measures listed in Art. 17 (1) DSA in respect of content provided by one of our users (a "recipient" within the meaning of the DSA), we will provide that user with a clear and specific statement of reasons, including the facts and circumstances relied on, the legal or contractual basis, the territorial scope of the measure, and the redress possibilities available to them.

Internal complaint handling and out-of-court dispute settlement. Affected users may contest a measure taken against their content by replying in writing to the statement of reasons within six months. We will examine each complaint in a timely, non-discriminatory, diligent, and non-arbitrary manner, and reverse the measure where it was unfounded. Users also have the right to select a certified out-of-court dispute-settlement body in accordance with Art. 21 DSA.

Point of contact for authorities and recipients (Art. 11 and 12 DSA). Our single electronic point of contact for the authorities of Member States, the Commission, and the Board (Art. 11 DSA), and for recipients of the Service (Art. 12 DSA), is dsa@uptimia.com (with admin@uptimia.com as a fallback). The dedicated notice intake form is reachable at https://uptimia.com/dsa-notice. Communications may be addressed in English or German.

Size. We confirm that we currently fall below the thresholds defined in Art. 33 (1) DSA (Very Large Online Platforms) and are not designated as a VLOP or VLOSE. We also confirm that we qualify as a micro- or small enterprise within the meaning of Annex to Recommendation 2003/361/EC, and accordingly do not assume the obligations applicable only to online platforms exceeding that threshold (Art. 19 trusted flaggers, Art. 24 transparency reporting, etc.) — except, in any event, the obligations of Art. 11, 12, 14, 16, and 17 DSA, which apply regardless of size and which we observe as set out above.

Content-moderation transparency (Art. 14 DSA). Our content-moderation activity in respect of user-disseminated content on the Service — principally status-page text, status-page branding, custom domain text, and any other text fields a customer chooses to publish through the Service — is performed manually upon receipt of a notice under § 10.1 above or upon our own staff identifying obvious violations of these Terms in the course of ordinary platform operations. We do not use automated algorithmic decision-making or AI-based content classifiers to detect, flag, restrict, demote, or remove user-disseminated content. Where we take a moderation measure in respect of your content, we will provide you with the statement of reasons described in § 10.1 (Statement of reasons — Art. 17 DSA). The grounds on which we may restrict content are limited to (i) content that is illegal under Union or Member State law as set out in a substantiated notice under § 10.1; (ii) content that breaches the prohibitions in § 9 (Acceptable Use); and (iii) where it is not the content but the use that is the issue, conduct that breaches § 7 (Limits on Monitoring Targets) or § 9.

#10.2 Copyright-specific claims

Copyright claims may be submitted via the DSA Notice form at https://uptimia.com/dsa-notice. If you prefer, you may also send a stand-alone copyright complaint to dsa@uptimia.com (or admin@uptimia.com as a fallback), including: identification of the copyrighted work; identification of the allegedly infringing material with its URL; your contact details; a good-faith statement that the use is unauthorised; and a statement under penalty of perjury that the information is accurate and that you are authorised to act on behalf of the rights-holder. Repeated infringers may have their accounts suspended or terminated under Section 21.

#11. Third-party services and integrations

The Service integrates with, relies on, or may contain links to third-party platforms, services, and tools, organised by category:

• Payment processors — for card and SEPA payment capture
• Invoicing — for GoBD-compliant invoice generation and archiving under § 14 UStG / § 147 AO
• Hosting and core infrastructure — for the main application, primary database, and time-series database, all located within the European Economic Area
• Identity — for Account login, including social-login providers where you elect to sign in via them
• Probe-network providers — multi-region commercial cloud providers that host our distributed monitoring probes
• Security and threat intelligence — for URL screening of monitored resources and for page-speed scoring of customer URLs
• Alert-delivery providers — for the alerting destinations you configure (SMS, WhatsApp, team-chat platforms, incident-management tools, status-page mirrors, and generic webhooks)
• Affiliate attribution on marketing pages only — for tracking referrals from our affiliate programme

Named entities, addresses, transfer mechanisms, and DPA status for every Sub-processor used in each of the categories above are set out in our DPA Annex C, which is the single, dated, authoritative source for the Sub-processor list. We deliberately do not duplicate the named list in this § 11 to avoid synchronisation drift between this document and Annex C.

These third parties operate independently and are governed by their own terms of service and privacy policies.

We do not control, endorse, or accept responsibility for any third-party service, including its availability, accuracy, privacy practices, or terms. Your use of any third-party service is entirely at your own risk and subject to that service's terms.

Where you configure alert delivery to a third-party channel (for example, Slack or Telegram), you authorise us to transmit alert content to that channel using the credentials you supply. We have no control over what happens to that content after delivery.

The complete Sub-processor list, with addresses, transfer mechanisms, and DPA status, is set out in our DPA Annex C, which is the authoritative source and is dated. Where we add, remove, or replace a Sub-processor, we will: (i) update DPA Annex C with the change and a new effective date; (ii) email the registered contact on each affected customer Account at least 30 calendar days before the new Sub-processor begins processing Customer Personal Data, per DPA § 9.3; and (iii) describe the change-objection and contract-termination mechanic in § 17.2 below.

#12. Subscriptions, billing, and payments

#12.1 Subscription plans

The Service is offered under tiered Subscription plans, including a Free plan and one or more paid plans. A full description of features, limits, pricing units (number of monitored resources, check frequency, retention, alert volume), and prices applicable to each plan is available on the pricing page. Subscriptions are billed monthly or annually at your choice at checkout. We reserve the right to amend plan features with at least 30 days' written notice to affected Users.

#12.2 Free plan

A Free plan is available with limited features as described on the pricing page. We may modify, restrict, or withdraw the Free plan at any time upon at least 30 days' notice.

#12.3 Free trials

Where a free trial is offered, no payment is collected during the trial period. A free trial does not automatically convert into a paid Subscription. At the end of the trial period, if you have not separately placed a paid order, your account reverts to the Free Plan (§ 12.2) automatically — no credit card is charged, no contract for a paid plan comes into being, and no further action is required from you. To take up a paid plan, you must actively place an order through the Subscription page in the control panel; that order step is the contractually binding act and is the click to which § 312j Abs. 3 BGB attaches (see § 12.11 below). We send a reminder by email a few days before the trial ends so that you can decide in good time whether to place a paid order or let the trial lapse into the Free Plan.

#12.4 Billing and payment

By subscribing to a paid plan, you authorise us to charge your nominated payment method on a recurring basis at the applicable Subscription rate. Charges are processed by Stripe (cards and SEPA) or PayPal, at your choice at checkout. Invoices and credit notes are issued and archived on our behalf by easybill GmbH (Germany) under § 14 UStG and § 147 AO. All charges are due at the start of each billing period. The primary billing currency is Euros (EUR); for non-EU customers, USD is available as a secondary billing currency at checkout, and where USD is selected the USD-equivalent price displayed at checkout is the final amount payable in USD. Conversion between EUR / USD and any other local currency is performed by your bank or card network at their applicable rate.

#12.5 Taxes and VAT

For Consumers, all prices are quoted inclusive of applicable VAT (Bruttopreise) in accordance with § 3 PAngV. The total price shown on the pricing page and at checkout is the final amount payable. For Consumers resident in EU Member States other than Germany, the VAT included in the displayed price is the rate applicable in your country of residence, charged and remitted by us under the One-Stop Shop (OSS) regime for cross-border supplies of telecommunications, broadcasting, and electronically supplied services to non-taxable persons within the EU (Art. 369a ff. of Directive 2006/112/EC; §§ 18i bis 18k UStG). The displayed price is the final amount payable in all cases.

For Business Customers, prices are quoted exclusive of VAT (Nettopreise); applicable VAT is added at checkout in accordance with the applicable law of the country of supply. If you are a business established in the European Union and registered for VAT outside Germany, you may provide your valid VAT identification number at checkout, in which case the EU reverse-charge mechanism (Art. 196 VAT Directive 2006/112/EC; § 13b UStG) applies and no German VAT is charged.

Depending on your location, additional taxes such as goods and services tax (GST), sales tax, or similar may be applied at checkout in accordance with applicable law.

#12.6 Price changes

We may change Subscription prices at any time. We will give you at least 30 days' advance written notice of any price increase before it takes effect at your next renewal, together with your right to terminate without penalty before the new price applies. Your continued Subscription after the new pricing takes effect constitutes your acceptance of the revised price.

#12.7 Plan changes

Upgrading. If you upgrade your plan mid-billing period, the new plan will take effect immediately. We will credit the unused portion of your current period against the charges for your new plan (proration).

Downgrading. If you downgrade your plan, the change will take effect at the end of your current billing period. You will retain access to your current plan features until that date.

#12.8 Failed payments and Account suspension

If a payment fails, we will notify you and make reasonable retry attempts over a period of up to 7 days. If payment remains outstanding after that period, we may suspend your Account. During suspension, your Monitored Resources will continue to be checked at degraded frequency or paused (depending on the suspension category), but your ability to modify monitors, view historical reports beyond the immediate window, or access paid features will be restricted. We will not delete your historical Monitoring Output during a payment-related suspension.

If payment is not resolved within 30 days of the original failed charge, we reserve the right to downgrade your Account to the Free plan or terminate it in accordance with Section 21.

#12.9 Cancellation and Kündigungsbutton (§ 312k BGB)

You may cancel your Subscription at any time, by either of the following equally-effective routes:

• In-app: Control Panel → Account → Subscription → "Cancel subscription".
• By email: write to admin@uptimia.com from the email address registered on your Account.

Cancellation takes effect at the end of your current billing period. You will retain access to all paid features until that date. We do not issue refunds or credits for the unused portion of any billing period, except where required by applicable consumer protection law or as set out in Section 13 and in our Refund Policy.

Annual plans — Consumers (§ 309 Nr. 9 BGB). For Consumers on an annual Subscription, the initial 12-month term runs from the start of the Subscription. Once that initial term has expired, the Subscription continues on a month-to-month basis rather than automatically renewing for a further fixed annual term, and you may terminate at any time with one (1) month's notice to take effect at the end of the then-current monthly continuation period. This continuation mechanic is the standard-form-conformant implementation of § 309 Nr. 9 lit. b–c BGB (as amended by the Gesetz für faire Verbraucherverträge, in force 1 March 2022): the initial term does not exceed two years, tacit renewal is not for a further fixed term but on a freely-terminable monthly basis, and the notice period does not exceed one month. The Kündigungsbutton route, the in-app cancellation control, and the admin@uptimia.com mailbox are all equally valid ways to give that notice; we do not require any stricter form (see "Form requirement" below).

For consumer contracts concluded online since 1 July 2022, § 312k BGB requires us to provide a Kündigungsbutton (cancellation button) reachable from the public website without requiring login. We provide that button at https://uptimia.com/cancel-contract (German: /de/vertraege-hier-kuendigen, labelled "Verträge hier kündigen" in the footer of every marketing page). The form is reachable from the public footer without login, presents the statutorily required fields, and submits via a button labelled "Jetzt kündigen". On submission, you receive an immediate on-screen acknowledgement with a receipt ID and, in line with § 312k Abs. 2 BGB, a durable confirmation by email to the address you provided.

The in-app cancellation route and the admin@uptimia.com mailbox above remain available in parallel as equally-effective routes.

Form requirement. Cancellation under this § 12.9 may be effected in Textform (text form, § 126b BGB) — including via the in-app cancellation control, via the public Kündigungsbutton form, or by plain email to admin@uptimia.com — and we do not require, and these Terms do not impose, any stricter form (such as written form / Schriftform with handwritten signature, registered post, fax, telegram, or any other formality more burdensome than Textform). The prohibition in § 309 Nr. 13 BGB on standard-terms clauses that impose a stricter form than Textform on consumer declarations is, accordingly, observed.

#12.10 Refunds

Outside of the circumstances described in Section 13 (EU right of withdrawal), any goodwill window stated in our Refund Policy, and any mandatory statutory rights in your jurisdiction, Subscription fees are non-refundable. If you believe you have been incorrectly charged, please contact us within 60 days of the charge at admin@uptimia.com.

#12.11 Button-Lösung (§ 312j Abs. 3 BGB / Art. 8 (2) Directive 2011/83/EU)

For any paid order placed through the control panel — initial orders, plan upgrades, plan downgrades, and migrations from a legacy plan to a current plan — the binding order button is labelled "Pay [amount] now" (for example, "Pay €29.00 now"). The explicit "Pay" verb combined with the amount that will be charged on confirmation is an unambiguous formulation of the payment obligation within the meaning of § 312j Abs. 3 BGB and Art. 8 (2) of Directive 2011/83/EU, and within the case law of the Bundesgerichtshof recognising short payment-conveying verbs (e.g. "kaufen") as equivalent to the literal "zahlungspflichtig bestellen" formulation. The modal title separately describes the underlying action ("Order plan" / "Upgrade plan" / "Downgrade plan" / "Switch to [plan name]"). The "Change billing cycle" button (where the underlying plan does not change and no new immediate charge is triggered) is not styled as an order button under § 312j Abs. 3 because it does not, on the facts, create a new immediately-due payment obligation. The same § 312j Abs. 3-equivalent button language is used for all EU and UK consumers, not only German consumers, because the same disclosure standard applies under Directive 2011/83/EU and, in the United Kingdom, under Reg. 14 (3)–(5) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. If you are a Consumer and the order button is found to fall short of § 312j Abs. 3 BGB on the facts of any individual order, that order is not binding on you under § 312j Abs. 4 BGB; the equivalent UK consequence is set out in Reg. 14 (5) of the 2013 Regulations.

#12.12 Information on the conclusion of contracts online (§ 312i Abs. 1 BGB / Art. 246c EGBGB)

This Section § 12.12 satisfies the pre-contractual disclosure duties imposed on us as the trader by § 312i Abs. 1 BGB and Art. 246c EGBGB for any contract concluded through the Service over the control panel. Unlike the consumer-only Button-Lösung in § 12.11, these duties apply both to Consumers and to Business Customers.

(a) Individual technical steps leading to contract conclusion (Art. 246c Nr. 1 EGBGB). A paid Subscription is concluded by the following sequence: (i) you select a plan and billing cycle on the public pricing page or in the in-app Subscription page; (ii) you click an action button (e.g. "Order plan", "Upgrade plan") which opens a confirmation modal summarising plan name, billing cycle, immediate charge amount, taxes where applicable, and the recurring renewal amount; (iii) you tick the consent box acknowledging the immediate charge and, where applicable, the § 13 lapse of the withdrawal right under § 356 Abs. 4 BGB; (iv) you click the § 312j Abs. 3-conformant order button (see § 12.11) — the click on that button is the contractually binding declaration of acceptance. Where the order is your first paid Subscription on a new Account, an additional checkout step at /checkout/billing-details collects billing identity, VAT identification (if any), and payment method before the order button is enabled. We confirm contract conclusion to you electronically and without undue delay by sending an order-confirmation email to the address registered on your Account (§ 312i Abs. 1 Nr. 3 BGB).

(b) Storage and accessibility of the contract text (Art. 246c Nr. 2 EGBGB). We store the contract text on our servers. The text of the contract consists of (i) these Terms of Service in the version in force at the time you placed your order, (ii) the Privacy Policy, the DPA, the Cookie Policy, and the Refund Policy in the versions in force at that time, (iii) the plan-specific commercial terms (plan name, monthly / annual price, included quotas) as displayed on the order confirmation modal, and (iv) the order-confirmation email we send you. The order-confirmation email contains the key order details and links to the then-current versions of the legal documents listed above. The current versions are always available at https://uptimia.com/legal/tos, …/privacy, …/dpa, …/cookies, and …/refund; we publish material amendments under § 23 with at least 30 days' advance notice. You do not have a self-service archive of the historical version of the contract you concluded — if you need a copy of the specific version in force on the date you concluded your contract, you may request it at admin@uptimia.com at any time at no charge, and we will return it within five (5) business days. The order-confirmation email and the legal documents are both in HTML / Markdown form and can be saved or printed in a reproducible form (§ 312i Abs. 1 Nr. 4 BGB).

(c) Identification and correction of input errors (Art. 246c Nr. 3 EGBGB / § 312i Abs. 1 Nr. 1 BGB). Before the order button takes effect, the confirmation modal restates plan name, billing cycle, immediate charge amount, billing identity, and payment method. You may identify input errors by reviewing the modal contents. You may correct input errors by closing the modal (browser back button or the in-modal "Cancel" / close control) and editing the underlying selection — plan selection on the Subscription page, billing identity on the Checkout Billing Details page, payment method on the same. No order is placed until you click the § 312j Abs. 3-conformant order button.

(d) Languages available for contract conclusion (Art. 246c Nr. 4 EGBGB). The control panel — where contract conclusion takes place — is currently presented in English only. The public marketing website is published in English plus seven additional languages (German, French, Italian, Spanish, Portuguese, Dutch, Lithuanian) for informational purposes, but the contract-conclusion flow itself runs in English. The legal documents (these Terms, Privacy Policy, DPA, Cookie Policy, Refund Policy, Imprint) are published in English as the controlling version; selected texts also exist in the binding German version per § 26. The contract you conclude is between you and JJ Online GmbH and is recorded in English; the binding-language rule in § 26 applies to the German versions of the listed texts.

(e) Codes of conduct (Art. 246c Nr. 5 EGBGB). JJ Online GmbH has not subscribed to any voluntary code of conduct for the conduct of its e-commerce business within the meaning of Art. 246c Nr. 5 EGBGB. If we subscribe to one in the future, we will publish the reference and the means of electronic access to it in this § 12.12 and notify Account holders under § 23.

(f) Reproducible storage of contract terms (§ 312i Abs. 1 Nr. 4 BGB). At the checkout step — specifically, on the confirmation modal that you must read before the order button takes effect — these Terms and the linked legal documents are reachable via the embedded "Terms of Service", "Privacy Policy", "DPA", and "Refund Policy" links. The linked pages open in your browser and may be saved in reproducible form before you complete the order via your browser's "Save Page As…" or "Print → Save as PDF" function (both produce a self-contained snapshot of the page text). The same documents are also available outside the checkout flow at the public URLs listed in (b), with no access controls. If you would prefer us to send you the bundle of legal documents as PDF attachments together with your order confirmation, write to admin@uptimia.com before placing your order and we will email the PDFs at no charge; the order then proceeds on those identified document versions.

#13. EU Consumers: right of withdrawal

If you are a Consumer located in the European Economic Area (EEA), you have the right under §§ 312g, 355 BGB (transposing Directive 2011/83/EU) to withdraw from a distance contract within 14 calendar days of its conclusion, without giving any reason. The formal Withdrawal Disclosure (Widerrufsbelehrung) and the Model Withdrawal Form, prescribed by Anlage 1 zu Art. 246a § 1 Abs. 2 Satz 2 EGBGB (the Musterbelehrung Gesetzlichkeitsfiktion) and Anlage 2 zu Art. 246a § 1 Abs. 2 Satz 1 Nr. 1 EGBGB respectively (transposing Annex I of Directive 2011/83/EU), are reproduced in full in this Section so that the disclosure is available to you in Textform at the time of contract conclusion. They are also reproduced in our Refund Policy § 3 and § 4.

#13.1 Withdrawal Disclosure (Widerrufsbelehrung)

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire 14 days after the day of the conclusion of the contract. For the avoidance of doubt, and consistent with § 187 Abs. 1 BGB, the 14-day period begins on the day following contract conclusion: the day of conclusion itself is not counted.

To exercise the right of withdrawal, you must inform us —

JJ Online GmbH (operating Uptimia) Schönhauser Allee 163, 10435 Berlin, Germany Phone: +49 151 12032902 Email: admin@uptimia.com

— of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the model withdrawal form set out in § 13.2 below, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

No § 356 Abs. 4 BGB waiver at checkout. We do not ask you at checkout to consent to immediate performance with loss of the withdrawal right under § 356 Abs. 4 BGB. § 356 Abs. 4 BGB is the lapse provision applicable to the Service: Uptimia qualifies as a digital service under § 327 Abs. 2 Satz 2 BGB, and the digital-service branch of the withdrawal-lapse regime sits at Abs. 4. § 356 Abs. 5 BGB, which addresses digital content supplied on a non-tangible medium, is not the applicable branch. The 14-day right of withdrawal therefore applies in full, even where you have already actively used the Service during the 14-day window — no pro-rata deduction is made for use already consumed.

#13.2 Model Withdrawal Form (Muster-Widerrufsformular)

(complete and return this form only if you wish to withdraw from the contract)

— To: JJ Online GmbH (operating Uptimia), Schönhauser Allee 163, 10435 Berlin, Germany, admin@uptimia.com

— I/We () hereby give notice that I/We () withdraw from my/our (*) contract for the provision of the following service: ____________________

— Ordered on () / received on (): ____________________

— Name of consumer(s): ____________________

— Address of consumer(s): ____________________

— Signature of consumer(s) (only if this form is notified on paper): ____________________

— Date: ____________________

(*) Delete as appropriate.

#14. EU Consumers: conformity of the digital Service

If you are a Consumer in the EEA, you have rights under Directive 2019/770 (transposed at §§ 327a ff. BGB) requiring that digital content and services conform to the contract. If the Service does not conform, you may be entitled to (a) have the Service brought into conformity at no cost to you, (b) a proportionate reduction in the Subscription price, or (c) termination of the contract with a refund, subject to applicable conditions.

#14.1 Pre-contractual disclosures on functionality, technical protection measures, interoperability, and compatibility (Art. 246a § 1 Abs. 1 Nr. 7 and Nr. 8 EGBGB)

The following is the disclosure required under Art. 246a § 1 Abs. 1 Nr. 7 EGBGB (functionality of the digital service, including applicable technical protection measures) and Nr. 8 EGBGB (relevant interoperability and compatibility, to the extent known to us or reasonably knowable). It supplements — and is incorporated by reference from — the functional description in § 5 (Description of the Service) above and the per-plan feature and quota tables published on the pricing page at https://uptimia.com/pricing. Both surfaces are part of the contract under § 312d Abs. 1 Satz 2 BGB.

(a) Functionality (Nr. 7). Uptimia is a hosted SaaS uptime, performance, and incident-response platform. The functional surfaces in scope of your Subscription are: HTTP / HTTPS / ICMP / TCP uptime monitoring, SSL certificate and domain (WHOIS) expiry monitoring, page-speed (full-page-load) monitoring on Real Chrome, multi-step transaction monitoring, Real User Monitoring (RUM), server-agent metrics monitoring, hosted public status pages, dashboards and reports, alerting via the channels listed in § 11, programmatic access via the REST API, and per-plan export of monitor configurations and historical Monitoring Output. The set of features active on your Account at any given time is the set on the plan you have selected on the pricing page, as periodically reflected in the in-app Subscription page.

(b) Technical protection measures (Nr. 7, second limb). The Service uses no digital-rights-management or content-protection technology in the sense of, for example, encrypted media decryption, hardware-attested playback, or copy-prevention measures. Access to the Service is gated only by (i) authentication of the Account holder by email and password, with optional time-based one-time-password (TOTP) two-factor authentication; (ii) authentication of programmatic access by bearer tokens (API keys) issued from the in-app Settings; and (iii) server-side enforcement of the quotas and feature flags associated with your Subscription plan. We do not impose technical measures that would prevent you from exporting your monitor configurations, your Monitoring Output, or your status-page content in a standard format (CSV / JSON / Markdown) at any time during your Subscription.

(c) Interoperability (Nr. 8, first limb). The Service is delivered through the open web: the hosted platform is reached over HTTPS by any modern evergreen browser executing JavaScript (current versions of Chrome, Firefox, Safari, and Edge — we follow each browser's vendor-supported release line and do not assume responsibility for end-of-life browser versions). The REST API uses standard HTTP / JSON semantics, with documentation maintained at the API reference under our marketing site; programmatic clients can be generated from the published OpenAPI specification. Outgoing webhooks are signed HTTP POST requests with HMAC-SHA256 signatures and are interoperable with any HTTP endpoint you operate. Alert-channel integrations rely on the public APIs of the channel providers (Slack, Discord, Microsoft Teams, Mattermost, Telegram, PagerDuty, Atlassian Statuspage, X, Twilio, Meta WhatsApp Business Cloud) and are subject to those providers' continued availability and API stability — see § 11.

(d) Compatibility (Nr. 8, second limb). The components you do not install yourself (the hosted platform, the dashboards, the public status pages, the alerting pipeline, the APIs) require only a modern browser or any HTTP client; there is no operating-system or device dependency on your side. The components you install yourself have the following compatibility profile, to the extent known to us at the time of contract conclusion:

• Server agent — supported on Linux x86_64 and ARM64; the precise list of distributions and minimum kernel versions we test against is published on the agent download page and is updated as we extend or deprecate support. Windows and macOS are out of scope.
• Real User Monitoring (RUM) JavaScript — runs in any browser executing JavaScript; no framework dependency, no Service-Worker or proprietary-API dependency.
• Language SDKs — supported language versions are published on the corresponding SDK landing page; we do not commit to compatibility with languages or runtime versions outside the supported list.

To the extent any aspect of functionality, technical protection measures, interoperability, or compatibility is reasonably knowable to us but not addressed above or on the surfaces incorporated by reference, please write to admin@uptimia.com before placing your order and we will provide the additional information promptly and at no charge.

#14.2 Updates (§ 327f BGB)

In accordance with § 327f BGB, we will provide the updates — including security updates — necessary to maintain the conformity of the Service for the duration of your Subscription. The mechanics differ depending on the component:

• The hosted platform — automatic delivery. All updates to the Uptimia hosted platform (the web application, the probe network, the alerting pipeline, the status-page renderer, the public dashboards, the APIs, and any other server-side component you do not deploy yourself) are delivered automatically by us, server-side, with no installation step required from you. You do not need to take any action to receive them. § 327f Abs. 3 BGB — the carve-out for non-conformity resulting from your failure to install an update — does not, by its nature, apply to these components, because no installation by you is possible or required, and we do not invoke it in respect of the hosted platform.
• Components you deploy yourself — server agent, RUM script, SDKs. For components you yourself install or embed on infrastructure outside our control — in particular the server agent, the Real User Monitoring (RUM) JavaScript, and the language SDKs — we make updates (including security updates) available through the appropriate channel (download page, package registry, or CDN URL) and notify you of available updates by email or in-product notice. In respect of these components only, § 327f Abs. 3 BGB applies in its normal terms: where you fail to install an update we have made available and properly informed you about within a reasonable period, we are not liable for a lack of conformity that results solely from the missing update.

To exercise these rights, please contact us at admin@uptimia.com with a description of the non-conformity.

#15. Service availability and interruptions

We aim to maintain high availability of the Service but do not guarantee uninterrupted, error-free, or timely access. The Service is provided on an "as available" basis. We shall not be liable for any loss or damage arising from Service unavailability, interruptions, errors, or delays, except where:

• such unavailability constitutes a failure of conformity under Section 14
• the loss results from a breach of our essential contractual duties (Kardinalpflichten) — duties whose performance is essential to the proper execution of the contract and on whose observance you regularly rely
• the loss is caused by our gross negligence or wilful misconduct
• the loss involves death, personal injury, or fraudulent misrepresentation

#16. Support

Support is available through the channels and at the response times appropriate to your Subscription plan, as described on the pricing page. Support covers technical issues with the Service, questions about how to use the platform's features, and billing enquiries.

Support does not include: writing transaction scripts on your behalf, debugging issues in your own infrastructure that surface as monitoring incidents, custom integration development, or legal interpretation of your monitoring data.

#17. Privacy and data processing

#17.1 Privacy Policy

The collection, use, storage, and disclosure of Personal Data by Uptimia is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you confirm that you have read and understood the Privacy Policy.

#17.2 Uptimia as a Processor (Art. 28 GDPR)

Where the Service processes Personal Data on your behalf — for example, where:

• response snapshots from authenticated HTTP checks contain Personal Data of your end users
• transaction monitoring scripts navigate authenticated areas of your application and capture screenshots that may contain Personal Data
• RUM scripts deployed on your website collect Personal Data of your visitors

— you act as the Controller in respect of that Personal Data, and Uptimia acts as a Processor.

In that capacity, and as required by Art. 28 (3) GDPR, we commit to: processing Personal Data only on your documented instructions; ensuring confidentiality of staff with access to Personal Data; implementing the technical and organisational measures described in our DPA Annex B; engaging Sub-processors only with at least 30 calendar days' prior notice to you, per DPA § 9.3; assisting you with your compliance obligations including data-subject-rights requests; and returning or deleting Personal Data at the end of the contract, at your choice.

Sub-processor change-objection mechanic. If, during the 30-day notice period, you reasonably object to a new Sub-processor on data-protection grounds, you may notify us at privacy@uptimia.com with a description of the grounds for objection. We will work with you in good faith to address the concern — for example by adjusting the scope of processing, applying additional safeguards, or proposing an alternative Sub-processor. If, after good-faith discussion, the objection cannot be resolved, you may terminate the affected portion of the Service (i.e. the feature for which the new Sub-processor would have processed Customer Personal Data, or, if that portion cannot reasonably be separated, the Subscription as a whole) by giving us written notice within the 30-day period, with a pro-rata refund of prepaid fees for the unused portion of the Subscription period. This right is in addition to any right of objection or termination provided by DPA § 9.4.

The DPA is incorporated into these Terms by reference and applies automatically when you begin using monitoring features that process Personal Data of your visitors / end-users — you do not need to request a signed copy. If your procurement process requires a signed counterpart, contact privacy@uptimia.com.

Your warranty regarding § 25 TDDDG / Art. 5 (3) ePrivacy Directive consents. Because you act as the controller in respect of Personal Data of your visitors and end-users processed through monitoring features that touch their terminal equipment — in particular the Real User Monitoring JavaScript, the server agent, the SDKs, and any equivalent client-side component we make available — you represent and warrant to us that, before deploying any such component on, or making it active in relation to, a website or application of yours from which it will collect data about, or store/access information on, the terminal equipment of an end-user located in the European Economic Area, the United Kingdom, or any other jurisdiction with an analogous rule:

• you have obtained, and will continue to maintain, the consent of each such end-user where consent is required under § 25 Abs. 1 TDDDG (Germany), Art. 5 (3) of Directive 2002/58/EC (ePrivacy Directive) as transposed by the relevant Member State, or any equivalent national implementation, and
• you have provided to each such end-user the information required under Art. 13 GDPR (or, where the processing is grounded on another lawful basis, Art. 14 GDPR), including specifically the use of Uptimia as a processor on your behalf and the categories of data the relevant component collects, and
• where consent is the applicable legal basis under Art. 6 (1)(a) GDPR for the underlying processing, that consent has been collected in a manner that meets Art. 7 GDPR (freely given, specific, informed, unambiguous, demonstrable, and as easy to withdraw as to give).

You acknowledge that we are not the controller in respect of these consents and have no operational visibility into your consent-management system; we rely on this warranty as a material assumption of the parties' Art. 28 GDPR allocation. If a supervisory authority, court, or end-user asserts that the consent under § 25 TDDDG / Art. 5 (3) ePrivacy Directive was missing or defective, the consequences fall on you as the controller in the first instance, without prejudice to the parties' separate cooperation duties under the DPA § 6 (Assistance) and § 8 (Personal Data Breaches).

#17.3 Data residency

We process Monitoring Output primarily within the European Economic Area. The main application, primary database, and time-series database (self-hosted on our infrastructure) are located in France (OVH). The probe network is multi-region. Probes process check results in memory and forward them to the EEA backend over TLS; probes do not persist Customer Personal Data at rest beyond transient operational logs (e.g. rsyslog / journald entries that may capture a target URL including its query string in the event of a check failure or for short-term operational diagnostics). Such operational logs are retained on the probe for no longer than 14 days before automatic rotation, are accessible only to our operations staff under the access controls in the DPA Annex B, and are not used for any other purpose. Where alert delivery (e.g. to non-EU channels you configure), payment processing, or specific Sub-processors require transfers outside the EEA, those transfers are governed by the Chapter V GDPR mechanisms described in the Privacy Policy § 15 and in the DPA § 10.

#17.4 Data portability

You may request an export of your Account data (including your monitor configurations, transaction scripts, status-page configuration, and Monitoring Output subject to applicable retention) at any time before Account closure. Exports are handled by our team: email privacy@uptimia.com and we will deliver your data in a commonly used, machine-readable format within 30 calendar days of your request, at no charge. For requests that are particularly complex — for example, requests covering an unusually large volume of Monitoring Output, requests requiring manual review of authenticated transaction-monitoring screenshots before disclosure, or requests bundled together with other Art. 15 / Art. 20 / Art. 17 actions — we reserve the further two-month extension permitted by Art. 12 (3) GDPR, in which case we will inform you of the extension and the reasons for it within the initial 30-day window. This commitment satisfies our portability obligation under Art. 20 GDPR for Personal Data that we process about you in our controller capacity, and our cooperation duty under Art. 28 (3)(h) GDPR for Personal Data we process on your behalf as a processor.

#17.5 Right to complain to a supervisory authority

Your right to lodge a complaint. If you are in the EEA, you have the right under Art. 77 GDPR to lodge a complaint with the data protection supervisory authority in your country of residence, place of work, or place of the alleged infringement. A directory of national supervisory authorities is maintained by the European Data Protection Board at https://edpb.europa.eu. UK residents may complain to the Information Commissioner's Office (ICO) at ico.org.uk under Art. 77 UK GDPR. Swiss residents may notify the Federal Data Protection and Information Commissioner (FDPIC / EDÖB) at edoeb.admin.ch under Art. 49 FADP.

Our lead supervisory authority. Under the GDPR one-stop-shop mechanism (Art. 56 GDPR), our lead supervisory authority for processing covered by these Terms is the Berliner Beauftragte für Datenschutz und Informationsfreiheit (BlnBDI), Alt-Moabit 59-61, 10555 Berlin, Germany — https://www.datenschutz-berlin.de. You are not required to address your complaint to BlnBDI; you may complain to your own local supervisory authority, which will coordinate with BlnBDI where the one-stop-shop applies.

#18. Disclaimer of warranties

The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, the Company disclaims all warranties of any kind, whether express, implied, or statutory, including without limitation any implied warranty of merchantability or fitness for a particular purpose, any warranty that the Service will operate without interruption or be error-free, and any warranty that the Monitoring Output is complete, accurate, or sufficient for any specific operational or commercial purpose.

This disclaimer does not affect:

• our liability for breach of essential contractual duties (Kardinalpflichten), in which case our liability is limited to damages that are typical and foreseeable for this type of contract
• our liability for death, personal injury, gross negligence, wilful misconduct, or fraudulent misrepresentation, which is not limited
• your statutory rights as a Consumer that cannot be excluded under applicable law (including the conformity rights described in Section 14)
• any liability that cannot be limited under § 309 Nr. 7 BGB

#19. Limitation of liability

To the fullest extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages of any kind, including without limitation loss of profits, loss of business opportunity, loss of revenue, or any claim arising from a third party in connection with any Monitoring Output.

19.1 Aggregate liability cap — for ordinary damages only, and subject to § 19.2 in all cases.

Read § 19.2 first. This § 19.1 does not apply to any of the categories listed in § 19.2 below (Kardinalpflicht breaches, gross negligence, wilful misconduct, fraud, death or personal injury, § 309 Nr. 7 BGB liability, or any other liability that cannot be excluded under mandatory law). For all such categories, our liability is not capped by this § 19.1 and is governed by § 19.2 and the underlying mandatory rule.

For ordinary damages that fall outside § 19.2, our total aggregate liability to you for all claims arising from or in connection with these Terms or the Service shall not exceed the greater of:

(a) the total Subscription fees you actually paid to us in the twelve calendar months immediately preceding the event giving rise to the claim; or

(b) five hundred euros (€500).

In other words, the cap is max(a, b). The €500 figure in (b) is the minimum value of the cap — it ensures the cap is never lower than €500 for any User, including a User on the Free plan or a User in their first twelve months of Subscription — and is not itself a guaranteed minimum payout, and not a cap on the Kardinalpflicht / § 19.2 liabilities (which are not subject to this § 19.1 at all). Where any part of this § 19.1 is found ambiguous under § 305c Abs. 2 BGB, the construction more favourable to the User prevails.

19.2 No limitation for the following — § 19.1 does not apply. Nothing in these Terms — including § 19.1 above — limits our liability for:

• death or personal injury caused by our negligence
• fraud or fraudulent misrepresentation
• gross negligence (grobe Fahrlässigkeit) or wilful misconduct (Vorsatz)
• breach of essential contractual duties (Kardinalpflichten), to the extent of damages that are typical and foreseeable for this type of contract
• any other liability that cannot be excluded or limited under applicable law (including § 309 Nr. 7 BGB)

#20. Indemnification — Business Customers only

If you are a Business Customer, you agree to indemnify and hold harmless the Company and its directors, officers, employees, contractors, agents, successors, and assigns from and against claims, actions, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to:

(a) third-party claims that any Monitored Resource you configured caused harm to a third party (for example, because you monitored a resource without authorisation in breach of Section 7); or (b) third-party intellectual-property claims arising from Content you submitted to the Service (for example, transaction-script content, status-page branding); or (c) your material breach of these Terms.

This indemnification clause does not apply to Consumers. The narrower scope of the indemnification compared with industry-standard templates reflects the limits imposed by § 307 BGB on indemnification clauses in consumer standard terms.

#21. Account suspension and termination

#21.1 Suspension (temporary)

We may temporarily suspend your access to the Service in the following circumstances: non-payment per Section 12.8; suspected violation of Section 7 (limits on monitoring targets) or Section 9 (acceptable use) pending investigation; where required by law; or where necessary to protect the security or integrity of the Service.

#21.2 Termination by you

You may close your Account at any time by using the account deletion function in your settings, by using the Kündigungsbutton described in § 12.9, or by contacting us at admin@uptimia.com. We recommend you export your monitor configurations and Monitoring Output before requesting closure.

#21.3 Termination by us

We may terminate your Account with at least 30 days' written notice, or immediately where you have: (a) materially breached these Terms (in particular Section 7 — unauthorised monitoring); (b) engaged in fraudulent activity; (c) subjected us or others to legal liability through your use of the Service; or (d) provided false identity information.

For Consumers, we will exercise this termination right consistent with the requirements of § 314 BGB (extraordinary termination for cause). The default is that we will give you a reasonable opportunity to cure (Abmahnung) — typically not less than 14 days from the date of our written notice describing the breach — before terminating on a curable breach. We will only dispense with that cure period in the narrow situations in which § 314 Abs. 2 BGB itself makes the Abmahnung dispensable — in particular, where you have refused to cure or have made clear that you will not cure, where cure would be objectively futile given the nature of the breach (for example, an irreversible disclosure of third-party Personal Data), or where the special circumstances of the individual case, weighing the interests of both sides, justify immediate termination. The burden of demonstrating one of these grounds is on us, not on you — you do not need to identify which § 314 Abs. 2 carve-out applies in order to receive the Abmahnung; that analysis is ours to make and to communicate to you.

#21.4 Effect of termination

On termination, all licences granted to you cease immediately, you will lose access to your Account and dashboard, your Monitored Resources will stop being monitored, and any status pages you operate may be taken offline.

Data retained after termination. Your Account data, monitor configurations, transaction scripts, status-page content and branding, and historical Monitoring Output (including check results and transaction-monitoring screenshots) are deleted within 30 calendar days of termination unless you have requested an export under § 17.4 (in which case deletion follows export delivery) or unless a longer retention is mandated by law (in particular § 147 AO / § 257 HGB for invoices and accounting records — see Privacy Policy § 11 and the DPA Annex B retention table). Where we act as a Processor for you under § 17.2, the data-return and deletion mechanics in DPA § 15 control over this paragraph.

All provisions intended by their nature to survive termination shall remain in full force, including Sections 6, 10, 17, 18, 19, 20, 24 (Governing Law), 25 (Dispute Resolution), and 27 — Sections 24 and 25 in particular survive so that any dispute arising after termination is resolved under the same forum and substantive law that the parties agreed during the Subscription.

#22. Communications and electronic notices

By creating an Account, you agree to receive communications from us electronically. Transactional communications (account confirmations, billing receipts, security alerts, material changes to these Terms, downtime alerts you have configured) cannot be opted out of while your Account is active.

Marketing communications — legal basis and how consent is (or is not) collected. Product-update emails, feature-launch announcements, and similar marketing communications about Uptimia itself are sent to existing customers under the Bestandskundenwerbung carve-out in § 7 Abs. 3 UWG (Gesetz gegen den unlauteren Wettbewerb), not under the § 7 Abs. 2 Nr. 2 UWG opt-in regime. This means we do not bundle a separate "I agree to receive marketing emails" tick-box with Account creation, and we do not rely on consent under Art. 6 (1)(a) GDPR for these emails; the lawful basis under the GDPR is Art. 6 (1)(f) GDPR (legitimate interests) in maintaining a customer relationship through information about similar products and services. We rely on this regime only where the four cumulative conditions of § 7 Abs. 3 UWG are met for the email in question, namely: (i) we obtained your email address in the context of the sale of our own goods or services; (ii) the email markets only goods or services of our own that are similar to those you have already purchased; (iii) you have not objected to such use; and (iv) you were clearly and conspicuously informed at the time the email address was collected (and in every marketing email) that you may object at any time, free of charge other than transmission costs at base rate. The signup-form disclosure that satisfies condition (iv) is rendered on the sign-up page at the moment the email address is collected and reads, in substance, as follows:

"We will from time to time send you product updates about Uptimia and similar services we offer (Bestandskundenwerbung under § 7 Abs. 3 UWG, processing grounded on Art. 6 (1)(f) GDPR). You may object to this use at any time, free of charge other than transmission costs at base rate, by clicking the unsubscribe link in any such email, by changing your preferences in the in-product preference panel, or by writing to privacy@uptimia.com. Your objection will not affect transactional emails (billing receipts, security alerts, downtime alerts you have configured, material changes to these Terms), which we will continue to send while your Account is active."

Every marketing email also carries a one-click unsubscribe link and a textual reminder of your right to object.

Cold marketing to non-customers. Where we send marketing emails to recipients who are not existing customers within the meaning of § 7 Abs. 3 UWG (for example, addresses obtained from a separate marketing-list opt-in form, a webinar registration, or a lead-magnet download), we send those emails only on the basis of a separate, specific, prior opt-in that satisfies § 7 Abs. 2 Nr. 2 UWG and Art. 7 GDPR. We do not currently operate such a list as part of the Account-creation flow; if and when we do, the opt-in will be collected through a stand-alone tick-box that is unticked by default and is not a precondition for any other transaction.

Opt-out at any time. You may opt out of all marketing communications at any time, without affecting transactional ones — via the unsubscribe link in any marketing email, via the in-product preference panel, by exercising your right to object under Art. 21 GDPR by writing to privacy@uptimia.com, or by sending us a § 7 Abs. 3 UWG objection by any reasonable means. The objection is free of charge other than the transmission costs at base rate and does not require justification. Once you object, we will not further process your Personal Data for direct-marketing purposes.

Notices to us must be sent to admin@uptimia.com (general / contract / Imprint) or privacy@uptimia.com (data-subject and privacy matters).

#23. Changes to these Terms

Material changes — including changes to pricing, limitations of liability, data processing provisions, or your key rights — will be communicated to you by email and in-app notice at least 30 days before they take effect. During the notice period you may terminate without penalty and receive a pro-rata refund of prepaid fees for the unused Subscription period.

Non-material changes — such as clarifications, typographical corrections, or reformatting — may be made without separate notice and will be reflected by an updated Last updated: date at the top of this document.

#24. Governing law

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Nothing in this Section affects any mandatory consumer protection rights you may have under the laws of your country of residence.

#25. Dispute resolution

25.1 Informal resolution. Before initiating any formal proceedings, both parties agree to make a genuine effort to resolve disputes informally. You should contact us at admin@uptimia.com with a written description of your complaint. We will respond within 30 days.

25.2 Formal proceedings. If informal resolution fails, disputes shall be subject to the exclusive jurisdiction of the competent courts of Berlin, Germany, except where jurisdiction is otherwise mandated by applicable consumer protection law.

25.3 Consumer arbitration declaration (§ 36 VSBG). We are neither obliged to nor willing to participate in dispute-resolution proceedings before a consumer arbitration body (Verbraucherschlichtungsstelle). German-language declaration as required for German consumers under § 36 VSBG: "Wir sind weder bereit noch verpflichtet, an Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle teilzunehmen."

#26. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy, Refund Policy, and DPA incorporated by reference, constitute the entire agreement between you and the Company with respect to the Service.

Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force.

No waiver. Our failure or delay in exercising any right, remedy, or provision under these Terms shall not constitute a waiver of that right.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign these Terms to any affiliate, successor entity, or acquirer of all or substantially all of our assets or business, upon notice to you.

Force majeure. We shall not be liable for any failure or delay in performing our obligations arising from circumstances beyond our reasonable control.

Language. These Terms are published in English. Where translated into any other language, the English version prevails in the event of any conflict, except for the following texts, where the German-language version is the binding operative version for German consumers as required by mandatory German law: (i) the Widerrufsbelehrung and Model Withdrawal Form (§ 13.1 / § 13.2; Anlage 1 zu Art. 246a § 1 Abs. 2 Satz 2 EGBGB and Anlage 2 zu Art. 246a § 1 Abs. 2 Satz 1 Nr. 1 EGBGB), (ii) the § 312k BGB Kündigungsbutton labels "Verträge hier kündigen" and "Jetzt kündigen" (§ 12.9), (iii) the § 36 VSBG declaration (§ 25.3), and (iv) the Impressum / § 5 DDG statutory disclosures. Where the English version of those specific texts diverges from the German binding version, the German version controls for the affected consumer.

#27. Jurisdiction-specific provisions

#27.1 European Economic Area (EEA)

If you are a Consumer in the EEA, mandatory consumer protection rights under EU law and the law of your country of residence are not waived or excluded by these Terms. Where we change material terms to your detriment and you object during the 30-day notice period in § 23, you may terminate without penalty and receive a refund of prepaid fees for the unused Subscription period.

#27.2 United Kingdom

The United Kingdom is not a target market for Uptimia. We do not bill in GBP, we operate no .co.uk domain or subdirectory, we publish no UK landing pages, no UK case studies, no UK-resident customer testimonials, no UK-specific comparison pages, and no UK-geo-targeted paid acquisition. The Website is published in English because English is the controlling language of our documentation and product, not as a country signal pointing to the United Kingdom. On those facts, and applying the territorial-scope markers in EDPB Guidelines 3/2018 § 2.1 / § 2.2 (currency, top-level domain, language as country signal, mention of local customers, country-specific marketing, dedicated phone/address, delivery terms), we consider that we do not "offer goods or services" to Data Subjects in the United Kingdom within the meaning of Art. 3 (2)(a) UK GDPR, and we do not "monitor the behaviour" of UK Data Subjects within the meaning of Art. 3 (2)(b) UK GDPR. Accordingly, we have not appointed a UK Representative under Art. 27 UK GDPR; should Art. 3 (2) UK GDPR nonetheless be considered to apply to incidental UK signups, our processing satisfies the Art. 27 (2)(a) UK GDPR exemption as occasional and low-risk. See Privacy Policy § 15 for the full analysis. We will reassess and appoint a UK representative if we begin to target the United Kingdom market — for example by adding GBP pricing, a .co.uk domain or subdirectory, UK case studies or testimonials, UK-specific landing pages or comparison pages, UK-geo-targeted paid acquisition, or UK-language content production.

This § 27.2 does not waive or exclude any non-derogable consumer-protection right a UK-resident User may have under the mandatory law of the United Kingdom; where such a right applies notwithstanding the territorial-scope analysis above, that right is preserved.

Data-protection complaint route. Regardless of our territorial-scope position, a UK-resident User may at any time lodge a complaint with the Information Commissioner's Office (ICO) at https://ico.org.uk; we do not contest the ICO's competence to receive a complaint on the basis of § 27.2 alone.

Non-derogable consumer-jurisdiction protections. Notwithstanding § 24 and § 25, where a UK-domiciled Consumer is entitled to the non-derogable forum protections in section 15B of the Civil Jurisdiction and Judgments Act 1982 (as inserted by SI 2019/479 and as it forms part of the assimilated-law framework), those protections remain available: such a Consumer may bring proceedings against us in the UK part in which they are domiciled, and we will not bring proceedings against them other than in that UK part, except as section 15B itself permits.

#27.3 United States

The United States is not a target market for Uptimia. We do not bill in USD, we operate no .us domain or US-state subdirectory, we publish no US landing pages, no US case studies, no US-resident customer testimonials, no US-specific comparison pages, no US-geo-targeted paid acquisition, and no US-state-specific (e.g. California, Texas, Florida) marketing content. We do not appoint a US-state-privacy-law authorised agent and we do not maintain a CCPA/CPRA "Do Not Sell or Share My Personal Information" link, because, on the facts above, we do not "do business" in California within the meaning of Cal. Civ. Code § 1798.140 (d), do not "conduct business in" Virginia / Colorado / Connecticut / Utah / Texas / Oregon within the meaning of those States' respective consumer-privacy statutes, and do not direct activities at residents of those States. The Service is offered in English because English is the controlling language of our documentation and product, not as a country signal pointing to the United States. We will reassess and adopt the relevant US-state-privacy compliance posture if we begin to target the United States market — for example by adding USD pricing, a .us domain or US-state subdirectory, US case studies or testimonials, US-state-specific landing pages or comparison pages, US-geo-targeted paid acquisition, US-state-specific marketing content, or by exceeding the personal-information thresholds in the relevant State statute through incidental signups.

This § 27.3 does not waive or exclude any non-derogable consumer-protection right a US-resident User may have under the mandatory law of their State of residence; where such a right applies notwithstanding the territorial-scope analysis above, that right is preserved. For the avoidance of doubt: there is no arbitration agreement, no class-action waiver, and no jury-trial waiver between us and any US-resident User. Disputes are resolved under § 24 (Governing Law) and § 25 (Dispute Resolution) like any other non-targeted-jurisdiction dispute. If a US-resident User wishes to invoke a non-derogable home-State forum protection, they may do so under the mandatory law of their State; we will not contest jurisdiction on the basis of § 25 alone where mandatory State law gives them a forum right that overrides § 25.

For US data-subject inquiries (right to know, right to delete, opt-out of sale/sharing where applicable), please write to privacy@uptimia.com. We will respond on the facts even where we do not consider ourselves territorially in scope, because doing so is more efficient than litigating territorial scope on a per-request basis.

#28. Contact us

For any questions, notices, or requests relating to these Terms:

JJ Online GmbH (operating Uptimia) Schönhauser Allee 163, 10435 Berlin, Germany Geschäftsführer (Managing Director): Andrius Gecius Court of Registration: Amtsgericht Berlin-Charlottenburg | HRB 235074 B USt-IdNr.: DE351060880 Email — general / Imprint: admin@uptimia.com Email — privacy and data-subject requests: privacy@uptimia.com Contact form: https://uptimia.com/contact

For the statutory § 5 DDG point of contact information including telephone, see the Impressum (English) / Impressum (German).

These Terms of Service are dated as shown in the Last updated: line at the top of this document.