FailoverPro Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Grand Canyon Computer LLC ("Company," "we," "our," or "us") regarding your use of the FailoverPro service monitoring and alerting platform available at failoverpro.ai (the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

Description of Service

FailoverPro is a professional service monitoring and alerting platform that provides:

• Service Status Monitoring: Real-time monitoring of external service status pages
• Multi-Channel Alerting: Email, SMS, and voice call notifications based on your subscription tier
• Dashboard and Analytics: Service status dashboards and uptime analytics
• Team Collaboration: Shared monitoring and incident management features

Service Tiers and Features

Free Plan

• Monitor up to 10 services
• Email alerts only (up to 50 per month via SendGrid)
• Basic dashboard access
• Community support

Professional Plan ($29/month)

• Monitor up to 100 services
• Email alerts (up to 10,000 per month via SendGrid)
• SMS alerts (up to 100 per month via Twilio)
• Voice call alerts (up to 10 per month via Twilio)
• Professional status pages
• Team collaboration (up to 5 members)
• Priority support

Enterprise Plan ($299/month)

• Unlimited service monitoring
• Unlimited email, SMS, and voice alerts
• Custom branding and white-label options
• API access and integrations
• SSO integration
• Dedicated support
• Service Level Agreement (SLA)
• Advanced team management

Account Registration and Security

Account Creation

• You must provide accurate and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You must be at least 18 years old to create an account
• Business accounts may be created by authorized representatives

Account Security

• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account
• We may implement multi-factor authentication (MFA) in the future for enhanced security

Acceptable Use Policy

You agree not to use the Service to:

Prohibited Activities

• Monitor services without proper authorization
• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit malicious code or conduct security attacks
• Attempt to reverse engineer or compromise our Service
• Use the Service for competitive intelligence against us

Monitoring Limitations

• You may only monitor publicly available status pages
• You must respect rate limits and monitoring intervals
• You may not use our Service to overload or attack third-party services

Communication Compliance

• SMS and voice alerts must comply with applicable telecommunications regulations
• You are responsible for obtaining proper consent for communications sent through our Service
• You must respect opt-out requests and do-not-call registrations

Subscription Terms and Billing

Subscription Plans

• Subscriptions are billed monthly or annually in advance
• All fees are non-refundable except as expressly stated
• We may change pricing with 30 days' notice to existing subscribers

Payment Terms

• Payment is due immediately upon subscription or renewal
• We use third-party payment processors and do not store payment card information
• Failed payments may result in service suspension or termination

Upgrades and Downgrades

• You may upgrade your plan at any time with immediate effect
• Downgrades take effect at the next billing cycle
• Usage limits apply immediately upon downgrade

Service Level Agreement (Enterprise Only)

Uptime Commitment

Enterprise customers receive a 99.9% uptime SLA for our monitoring service:

• Uptime Calculation: Measured monthly, excluding scheduled maintenance
• Service Credits: Available for verified downtime exceeding SLA thresholds
• Exclusions: Third-party service outages, force majeure events, customer-caused issues

Support Response Times

• Critical Issues: 1 hour response time
• High Priority: 4 hour response time
• Standard Issues: 24 hour response time

Data and Privacy

Your Data

• You retain ownership of your monitoring configurations and data
• We process your data in accordance with our Privacy Policy
• You may export your data at any time through your dashboard

Service Data

• We collect monitoring data to provide our Service
• We may use aggregated, anonymized data for service improvement
• We implement appropriate security measures to protect your data

Third-Party Services

Integration Partners

We integrate with third-party services to provide our features:

• SendGrid: Email delivery service
• Twilio: SMS and voice call delivery
• External Status Pages: Services you choose to monitor

Third-Party Terms

• Your use of integrated services is subject to their respective terms
• We are not responsible for third-party service availability or performance
• Changes to third-party services may affect our Service functionality

Intellectual Property

Our Rights

• We retain all rights to the FailoverPro platform and technology
• Our trademarks, logos, and brand elements are our property
• You may not use our intellectual property without written permission

Your Rights

• You retain rights to your monitoring configurations and data
• You grant us a license to use your data to provide the Service
• You may not claim ownership of our platform or technology

Limitation of Liability

Service Availability

• We strive for high availability but do not guarantee uninterrupted service
• We are not liable for damages caused by service interruptions
• Your sole remedy for service issues is service credits under applicable SLAs

Monitoring Accuracy

• We provide monitoring services on a "best effort" basis
• We are not liable for missed alerts or monitoring failures
• You should implement redundant monitoring for critical services

Maximum Liability

• Our total liability to you is limited to the amount paid for the Service in the 12 months preceding the claim
• We are not liable for indirect, consequential, or punitive damages
• These limitations apply to the fullest extent permitted by law

Indemnification

You agree to indemnify and hold us harmless from claims arising from:

• Your use of the Service in violation of these Terms
• Your monitoring of services without proper authorization
• Communications sent through our Service on your behalf
• Your violation of applicable laws or third-party rights

Termination

Termination by You

• You may terminate your account at any time through your dashboard
• Termination is effective at the end of your current billing period
• You remain responsible for all charges incurred before termination

Termination by Us

We may terminate your account for:

• Violation of these Terms or our Acceptable Use Policy
• Non-payment of fees
• Fraudulent or illegal activity
• Extended periods of inactivity

Effect of Termination

• Your access to the Service will be discontinued
• We may delete your data after a reasonable retention period
• Surviving provisions include payment obligations, limitation of liability, and indemnification

Dispute Resolution

Governing Law

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

Dispute Process

1. Informal Resolution: Contact us at legal@failoverpro.ai to resolve disputes informally
2. Mediation: If informal resolution fails, disputes will be resolved through binding mediation
3. Arbitration: Unresolved disputes will be settled through binding arbitration

Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions or collective proceedings.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

Modifications

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be communicated via email or Service notification.

Severability

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

Assignment

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, government actions, or third-party service outages.

Contact Information

For questions about these Terms:

• Email: legal@failoverpro.ai
• Support: support@failoverpro.ai
• Mail: Grand Canyon Computer LLC, Legal Department, 11880 W Sherman Street, Avondale AZ 85323

Effective Date

These Terms of Service are effective as of January 1, 2025.