Terms of Service

1. Who we are and what this is

PingWise is operated by Alexandros Kyrlis (Αλέξανδρος Κυρλής του Γεωργίου), a sole proprietorship registered in Greece trading as Netlayer (General Commercial Registry no. 008078401000, VAT no. EL121157554, tax office KE.FO.DE. Attikis), with its registered seat at Eleftheriou Venizelou 31, 16675 Glyfada, Greece (“Netlayer”, “we”, “us”). You can reach us at hello@pingwise.com.

These Terms of Service (“Terms”) are a contract between Netlayer and the person or organisation that creates an account or uses the service (“you”). They apply to the website pingwise.com, the application at app.pingwise.com, the public API, status pages we host, the probe fleet and every other part of PingWise (together, the “Service”). The Privacy Policy, the Refund Policy, the Acceptable Use Policy and, where it applies, the Data Processing Agreement are part of these Terms.

If you use the Service on behalf of a company or another organisation, you confirm that you are authorised to bind it, and “you” means that organisation.

2. What the Service does

PingWise checks the availability of websites, hosts and services you tell us about, from probes in several cities on several continents, and alerts you through channels you configure when a problem is confirmed. It also offers status pages, maintenance windows, heartbeat monitors, TLS certificate and domain expiry warnings, integrations with hosting panels and Cloudflare, free public tools such as “Is it down?”, and a public API.

How we confirm an outage (how many probes must agree, from how many continents and networks, over how many rounds) is described on our website and may change as the fleet grows. Phrases like “down means down” describe how the Service is designed to behave. They are not a warranty that every outage will be detected, that every alert will be correct, or that an alert will arrive within a given time. Section 11 says more about this.

3. Your account

• You must be at least 16 years old, or the age of majority where you live if that is higher, to open an account.
• Give us a working email address and keep it current. We use it to verify the account, send alerts you have configured to email, warn you about your credit balance, and tell you about changes to the Service or these Terms.
• You are responsible for everything that happens under your account. Keep your password private, and turn on two-factor authentication; we recommend it for every account and may require it for some actions.
• You may invite other people into your account. They act on your behalf. You are responsible for their use of the Service and for removing them when they should no longer have access.
• Tell us at hello@pingwise.com as soon as you suspect unauthorised access.

4. What you may monitor

You may monitor only hosts, websites and services that you own, operate, or are authorised to monitor by their owner, with two exceptions described in the Acceptable Use Policy: ICMP ping to public addresses, and the free public tools on our website, both of which run at low rates and respect opt-out requests we receive at abuse@pingwise.com.

Some features (shorter intervals, custom HTTP requests, keyword checks on protected pages) are available only for domains you have verified through DNS, a file on the site, Cloudflare, or your nameservers. We may add, remove or change verification methods.

The Acceptable Use Policy is part of these Terms. Breaking it is a breach of these Terms.

5. Credits, prices and payment

5.1 How credits work

• One credit pays for one scheduled check of one monitor, whatever runs behind it. Confirmation rounds, Alert mode diagnostics, heartbeat pings, certificate and domain expiry checks, and status pages do not use credits unless our pricing page says otherwise.
• Every account receives 650,000 free credits on the first day of each calendar month. Free credits are used before bought credits. Unused free credits do not roll over and are not refundable, transferable or convertible to money.
• Bought credits are added to your balance when payment is confirmed and are valid for 24 months from the purchase date. When several purchases are in your balance, the credits that expire first are used first. Expired credits are removed from the balance.
• Credits are debited from your balance on a running basis, normally within an hour of the checks that used them. Your balance, your usage and an estimate of how long the balance will last are shown in the application.
• There is no subscription and nothing renews automatically. If we later offer automatic top-ups, they will apply only to accounts that turn them on.

5.2 Prices, tax and who sells the credits

Credit packs are priced in euro, exclusive of tax, at the prices shown on our website and at checkout. Purchases are made through Link, LLC, a Stripe company based in the United States, which sells the credits to you as the seller of record (your receipt says “sold through Link”). The agreement for the Service itself stays between you and Netlayer; Link’s part is the sale and the payment. Link calculates and adds the VAT, sales tax or GST that applies where you are, may show and charge the price in your local currency at its own exchange rate, and issues your receipt or invoice. Businesses in the EU that enter a valid VAT number receive an invoice without VAT under the reverse charge mechanism and account for the VAT themselves. Please give accurate billing details at checkout, including your country and, if you buy as a business, your business name and VAT number. We may change pack prices at any time; a change never affects credits you have already bought.

5.3 Payment

Payments are processed by Stripe and sold through Link. Your payment details go to Stripe and never reach our servers. Link’s purchase terms, shown at checkout, apply to the payment; these Terms apply to the Service. Link sends you the receipt or invoice, answers questions about the payment, and handles refunds it issues and disputes. Your card statement shows a charge from Link with the name PingWise. Link does not sell to customers in a few countries it does not serve; the free monthly credits are not affected by that. If a payment is refunded, reversed or disputed, we may pause purchases on your account until the matter is resolved and may remove the credits that payment bought.

5.4 Running low and running out

When your balance is expected to last about a week, we warn you by email. When it reaches zero, your monitors keep running for a grace period of 7 days while the balance goes negative. After that, monitoring pauses and we tell you on every alert channel you have configured. Nothing stops silently. When you buy credits, any negative balance is settled first. Paused monitors resume when the balance is positive again.

5.5 Refunds

Refunds are governed by the Refund Policy. In short, unused bought credits can be refunded on request within 14 days of purchase. Link may also refund a purchase on its own within 60 days of the purchase in certain cases, for example under a cooling-off right where you live or if a payment question we did not answer in time. If it does, we remove the credits that purchase bought that are still unused; if the refund also covers credits that were already used, we may deduct those too, which can take your balance negative.

6. Technical limits and fair use

To keep the Service fast and the probes welcome on the networks they check from, the Service applies limits, including:

• a shortest check interval (currently 15 seconds for verified domains and 60 seconds for unverified ones; ping 60 seconds on paid accounts and 300 seconds on free usage);
• a cap on how much of a response we read (currently 256 KB) and on request and response sizes for custom HTTP requests and heartbeats;
• rate limits on the API, on the public tools, on alert deliveries and on outbound emails to status page subscribers;
• per-account and per-target caps that protect third parties, such as a global limit on how often any single address is pinged by the whole fleet.

Current limits are documented in the application and in the API documentation. We may change them with reasonable notice, or immediately if needed to protect the Service or third parties. Using the Service in a way that circumvents a limit is a breach of these Terms.

7. Status pages, subscribers and custom domains

You may publish status pages that show the state of your monitors, post announcements and maintenance notices, let visitors subscribe to email updates, and serve the page on your own domain. You are responsible for everything you publish and for the people who subscribe. If visitors subscribe to your page, you are the data controller for their email addresses and we process them for you under the Data Processing Agreement. You must not add subscribers who have not asked for your updates, and you must honour unsubscribe requests, which we also process automatically.

To use a custom domain you must control it and point it at us as instructed. Certificates for custom domains are issued through our infrastructure provider. We may remove a custom domain that is no longer pointed at us, that we cannot issue a certificate for, or that is used in breach of these Terms. Status pages on free usage carry a “Powered by PingWise” line that can be removed on paid usage.

8. Integrations and credentials you give us

Some features ask you for credentials of other services: a Cloudflare API token, a hosting-panel API key, or a read-only key from another monitoring service when you import monitors. We store them encrypted, use them only for the feature you enabled and only in the way described in the application, and delete them when you remove the integration or the account. You remain responsible for the scope of the credentials you give us; use the narrowest scope that works, and revoke it at the other service if you stop using the integration.

Alert channels (email, Telegram, webhooks, chat tools, and others we may add) are services you choose. We hand the alert to them; what happens after that is between you and them.

9. Your data and content

You keep every right you have in the data you put into the Service: the targets you monitor, your configuration, your status page content, your branding. You give us the right to store, process, transmit and display that data as needed to provide the Service to you and to the people you share it with, and to produce aggregated statistics that do not identify you or your targets (for example, counts of checks or confirmed outages on our transparency page).

You promise that you have the right to give us that data and that your content, branding and custom domains do not infringe anyone’s rights or break any law.

We may keep and use operational data about how the Service is used (check results, probe measurements, delivery logs and similar) to run, protect and improve the Service. How long we keep what is described in the Privacy Policy.

10. Our intellectual property

The Service, its software, probe agents, design, name, logo and documentation belong to Netlayer or its licensors. These Terms give you a limited, non-exclusive, non-transferable right to use the Service while your account is in good standing. You may not copy, modify, resell or sublicense the Service, or reverse engineer it except where the law allows regardless of this clause. Publicly displaying PingWise badges, uptime figures or status pages we provide is allowed and encouraged, as long as you don’t alter the numbers.

Feedback you send us may be used freely, without obligation to you.

11. Availability, no SLA, and what the Service is not

We work hard to keep the Service running and the alerts right, and we publish our false-alert log and probe health openly. Even so:

• The Service is provided “as is” and “as available”. We do not currently offer a service level agreement, and we do not guarantee any uptime of the Service itself, any detection rate, any alert latency, or that any alert will be free of error.
• Monitoring depends on networks, providers and services we do not control, including the networks between our probes and your targets, and the email, messaging and webhook services that deliver alerts. A probe can be wrong; a message can be delayed or lost.
• We may change, suspend or stop any part of the Service, perform maintenance, quarantine or replace probes, and change the probe fleet, its locations and providers. We will give reasonable notice for changes that materially reduce what you get for your credits, and we will refund unused bought credits if we discontinue the Service as a whole.
• The Service is a tool that helps you notice problems. It is not a substitute for your own operations, backups or incident response, and it is not designed for situations where a missed or late alert could endanger life, health or safety.

To the extent the law allows, we disclaim all warranties not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Nothing in this section limits rights that consumer law gives you and that cannot be excluded by contract.

12. Liability

To the extent the law allows:

• Our total liability to you for all claims arising out of or connected with the Service or these Terms, in any twelve-month period, is limited to the amount you paid us for credits in the twelve months before the event giving rise to the claim, or €100 if you paid nothing.
• We are not liable for indirect or consequential loss, lost profit, lost revenue, lost data, lost business or reputational harm, or for any loss caused by an outage of your own systems that we did not detect, detected late or reported in error.
• These limits do not apply to liability for death or personal injury, for fraud, for intent or gross negligence, or to any liability that cannot be limited by law.

If you are a consumer, you also have the rights that Greek and EU consumer law gives you, and these Terms do not take them away.

13. Indemnity

If you use the Service for business purposes, you will defend and compensate Netlayer against claims by third parties, and the reasonable costs of handling them, that arise from your content, your custom domains, your subscribers, your monitoring of targets you were not authorised to monitor, or your breach of these Terms or of the law.

14. Ending the agreement

14.1 By you

You can delete your account at any time from the application. Deleting the account stops all monitoring and deletes your data on the schedule set out in the Privacy Policy. Bought credits remaining at that point are refundable only as described in the Refund Policy.

14.2 By us

We may suspend or pause your account, individual monitors or status pages, or terminate the agreement, if you materially breach these Terms or the Acceptable Use Policy, if your balance stays negative after the grace period, if a payment is refunded by Link, reversed or disputed, if we are required to by law or by a provider we depend on, or if continuing would put the Service or third parties at risk. Where it is reasonable, we warn you first and give you a chance to fix the problem. If we terminate for a reason other than your breach, we refund the unused bought credits in your balance.

14.3 After the end

Sections 9 to 13, this section and sections 16 to 18 survive the end of the agreement.

15. Resellers and hosting providers

Hosting providers and agencies may be offered a reseller arrangement with sub-accounts, pooled credits and white-label status pages and alerts. Reselling the Service requires that separate written agreement; until you have one, the Service is for your own use and that of your organisation.

16. Changes to these Terms

We may change these Terms. For changes that reduce your rights or add obligations we will email you at least 30 days before they take effect, and the new version will show its effective date at the top. If you do not agree, delete your account before that date; using the Service after it means you accept the new Terms. Changes required by law or that only add features or clarify wording can take effect immediately.

17. Governing law and disputes

These Terms are governed by Greek law, and the United Nations Convention on Contracts for the International Sale of Goods does not apply. The courts of Athens, Greece have exclusive jurisdiction, except that if you are a consumer you may also bring a claim in the courts of the EU member state where you live, and nothing here removes protections you have under the mandatory law of that state.

If you are a consumer in the EU you may use the European Commission’s online dispute resolution platform at ec.europa.eu/consumers/odr. Before going to court, please write to us at hello@pingwise.com; most problems are solved within a few days.

18. Other terms

• These Terms, with the documents they refer to, are the whole agreement between you and us about the Service and replace any earlier agreement or understanding.
• If a part of these Terms is found invalid, the rest stays in force and the invalid part is replaced by a valid one that comes closest to its purpose.
• Not enforcing a right is not a waiver of it.
• You may not transfer this agreement without our written consent. We may transfer it to a successor in the business of the Service, and will tell you if we do.
• Neither party is liable for delay or failure caused by events outside its reasonable control, except for payment obligations.
• These Terms exist in English and Greek. The English version governs; the Greek version is provided for convenience, except where mandatory consumer law requires otherwise.
• Notices to us go to hello@pingwise.com or to our postal address above. Notices to you go to your account email.

Contact

Alexandros Kyrlis, trading as Netlayer
Eleftheriou Venizelou 31
16675 Glyfada, Greece
General Commercial Registry no. 008078401000 · VAT no. EL121157554
hello@pingwise.com · abuse reports: abuse@pingwise.com · privacy: privacy@pingwise.com