Terms of Service

1. Acceptance of Terms

By accessing or using the Upscano website at upscano.com and any associated services, APIs, or applications (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you may not access or use the Services. These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Upscano ("Company," "we," "our," or "us").

2. Eligibility

You must be at least 16 years of age to use the Services. By using the Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

3. Account Registration

To access certain features of the Services, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that contain inaccurate information or violate these Terms.

4. Description of Services

Upscano provides website uptime monitoring, Dynamic Application Security Testing (DAST) scanning, site reliability tracking, public status pages, and related analytics and alerting tools. The specific features available to you depend on your subscription plan. We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice.

5. Subscription Plans and Billing

5.1 Plans

The Services are offered under various subscription tiers, including Free, Teams, Pro, and Enterprise plans. Each plan has specific feature limits, monitoring intervals, and usage quotas as described on our Pricing page. We reserve the right to modify plan features and pricing with reasonable advance notice.

5.2 Payment

Paid subscriptions are billed in advance on a monthly or annual basis. All fees are non-refundable except as expressly stated in these Terms or required by applicable law. You authorize us to charge your designated payment method for all applicable fees.

5.3 Renewals and Cancellation

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. Upon cancellation, you will retain access to your paid plan until the end of the current billing period. Downgrading may result in loss of access to certain features or data.

5.4 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying any taxes, duties, or levies imposed by taxing authorities in connection with your use of the Services.

6. Acceptable Use

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party rights
• Monitor websites or systems you do not own or have authorization to test
• Conduct any form of unauthorized penetration testing or exploitation
• Transmit malware, viruses, or other harmful code
• Interfere with or disrupt the integrity or performance of the Services
• Attempt to gain unauthorized access to the Services or related systems
• Use the Services for competitive analysis or to build a competing product
• Resell, sublicense, or redistribute the Services without prior written consent
• Send unsolicited communications or spam using data obtained from the Services
• Abuse the DAST scanning features to target systems without proper authorization

We reserve the right to investigate and take appropriate action, including suspension or termination of your account, for any violation of this section.

7. Intellectual Property

7.1 Our Rights

The Services, including all content, features, functionality, software, designs, text, graphics, logos, and trademarks, are owned by Upscano or its licensors and are protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Services except for the limited license to use them as provided herein.

7.2 Your Content

You retain ownership of any data, configurations, or content you submit through the Services ("Your Content"). By using the Services, you grant us a limited, non-exclusive license to process Your Content solely to provide and improve the Services. We will not share Your Content with third parties except as described in our Privacy Policy.

7.3 Feedback

If you provide suggestions, ideas, or feedback about the Services ("Feedback"), you grant us a perpetual, irrevocable, royalty-free license to use and incorporate such Feedback without any obligation to you.

8. Data and Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Services, you consent to the data practices described in our Privacy Policy.

9. Service Level and Availability

While we strive to maintain high availability of the Services, we do not guarantee uninterrupted or error-free operation. Scheduled maintenance windows will be communicated in advance when possible. Pro and Enterprise customers may be eligible for Service Level Agreements (SLAs) with specific uptime guarantees and remedies as detailed in their separate agreement.

Except where a customer has a separate, signed SLA expressly stating otherwise, the Services are provided without any uptime, response time, delivery, or accuracy guarantee of any kind. No statement on our website, documentation, marketing materials, dashboards, or support channels shall be construed as a warranty, guarantee, or service level commitment.

9A. Monitoring, Alerts, and Notifications — No Liability

You expressly acknowledge and agree that the Services, including uptime monitoring, status checks, security scanning, status pages, dashboards, alerts, and notifications (via email, SMS, webhook, push, chat integrations, or any other channel), are provided on a best-effort basis and may, at any time and for any reason, be delayed, degraded, inaccurate, incomplete, missed entirely, or fail to be sent or received. Upscano and its officers, directors, employees, contractors, agents, partners, suppliers, and affiliates shall have no liability whatsoever arising out of or relating to, including but not limited to:

• any failure, delay, error, or omission in detecting, reporting, or alerting on downtime, outages, performance degradation, vulnerabilities, certificate issues, DNS issues, or any other event;
• any false positive, false negative, missed check, missed alert, duplicate alert, or misclassified incident;
• any inability to reach, scan, or evaluate your endpoints, systems, or third‑party dependencies for any reason;
• any failure or delay of email, SMS, voice, push, webhook, chat (e.g. Slack, Teams, Discord), PagerDuty, Opsgenie, or any other delivery channel, including failures caused by our upstream providers;
• any inaccuracy, incompleteness, or unavailability of status pages, dashboards, metrics, logs, reports, reliability scores, or scan results;
• any loss of data, configuration, alert history, or historical metrics;
• any downtime, revenue loss, customer loss, reputational harm, regulatory exposure, contractual penalty, SLA breach with your own customers, or any other direct, indirect, incidental, special, consequential, exemplary, or punitive damages suffered by you or any third party as a result of, or in connection with, your use of or reliance on the Services;
• any actions you take, or fail to take, based on information, alerts, or the absence of alerts from the Services.

The Services are an informational tool only and are not a substitute for your own monitoring, redundancy, incident response, security, backup, or business continuity practices. You are solely responsible for the operation, security, availability, and reliability of your systems, and for maintaining independent and redundant means of detecting and responding to incidents. You agree not to rely solely on the Services for any safety‑critical, life‑critical, mission‑critical, financial, regulatory, or compliance purpose.

10. Third-Party Services

The Services may integrate with or contain links to third-party services, tools, or websites. We do not control and are not responsible for the content, privacy practices, or availability of such third-party services. Your use of third-party services is governed by their respective terms and policies.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

Security scan results and reliability scores provided by the Services are informational only and should not be considered a comprehensive security assessment. You are solely responsible for the security of your own systems and applications.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT (A) MONITORING CHECKS WILL BE PERFORMED AT ANY PARTICULAR INTERVAL OR AT ALL; (B) ALERTS OR NOTIFICATIONS WILL BE GENERATED, DELIVERED, OR RECEIVED IN A TIMELY MANNER, IN THE CORRECT ORDER, OR AT ALL; (C) ANY OUTAGE, INCIDENT, VULNERABILITY, OR ANOMALY WILL BE DETECTED OR REPORTED; (D) STATUS PAGES, DASHBOARDS, OR REPORTS WILL BE ACCURATE, CURRENT, OR AVAILABLE; OR (E) THE SERVICES WILL BE FREE FROM INTERFERENCE BY THIRD‑PARTY NETWORKS, PROVIDERS, OR FORCE MAJEURE EVENTS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UPSCANO, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARTNERS, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, BUSINESS, CUSTOMERS, DATA, USE, GOODWILL, REPUTATION, OR OTHER INTANGIBLE LOSSES, OR ANY DAMAGES ARISING FROM DOWNTIME, OUTAGES, MISSED OR DELAYED ALERTS, FAILED OR INACCURATE MONITORING CHECKS, UNDETECTED VULNERABILITIES, INCORRECT STATUS REPORTING, THIRD‑PARTY SERVICE FAILURES, OR YOUR RELIANCE (OR THE RELIANCE OF ANY THIRD PARTY) ON THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNT YOU ACTUALLY PAID TO UPSCANO FOR THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). FOR USERS ON A FREE PLAN, OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED ZERO U.S. DOLLARS ($0). THIS LIMITATION APPLIES IN THE AGGREGATE TO ALL CLAIMS OF EVERY KIND AND IS AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law, and nothing in these Terms is intended to exclude or limit any liability that cannot lawfully be excluded or limited.

12A. Force Majeure and Third‑Party Dependencies

Upscano shall not be liable for any failure or delay in performance, or any failure of the Services (including missed checks, missed or delayed alerts, inaccessible dashboards, or unavailable status pages), caused in whole or in part by any event beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, civil unrest, government action, pandemics, labor disputes, internet or telecommunications outages, DNS failures, BGP routing issues, DDoS attacks, cyberattacks, power failures, cloud provider outages (including AWS, GCP, Azure, Cloudflare, or any other infrastructure provider), failures of email, SMS, voice, or push delivery providers, failures of third‑party integrations (including Slack, Microsoft Teams, Discord, PagerDuty, Opsgenie, webhooks, or similar), or any other third‑party system or network we depend on or that is required to deliver the Services.

13. Indemnification

You agree to indemnify, defend, and hold harmless Upscano and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) your use of DAST scanning features on systems without proper authorization.

14. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services will immediately cease. You may terminate your account at any time by contacting us or using the account settings. Provisions that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnity, and limitations of liability.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Upscano is incorporated, without regard to conflict of law principles. Any disputes arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with applicable arbitration rules, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Services after any modifications constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18. Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly referenced herein, constitute the entire agreement between you and Upscano regarding your use of the Services and supersede all prior agreements, understandings, and communications, whether written or oral.

19. Contact Us

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