Terms and Conditions

1. Introduction

Welcome to VitalSentinel. These Terms and Conditions ("Terms") govern your use of the VitalSentinel website, application, tracking scripts, and related services (collectively, the "Service") operated by mountain explorer, s. r. o. ("we", "us", or "our").

By accessing or using our Service, including installing our tracking scripts on your websites, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Service.

1.1 Consumers and Business Customers

In these Terms, "Consumer" means a natural person who uses the Service wholly or mainly outside their trade, business, craft, or profession. "Business Customer" means any other customer.

Nothing in these Terms limits or excludes any right you have under mandatory consumer protection law that cannot be limited or excluded by agreement. If you are a Consumer resident in the European Union or the European Economic Area, you keep the protections of the mandatory law of your country of residence, and Sections 16, 17, 18, 20, and 21 apply to you only to the extent that law permits. Where any provision of these Terms conflicts with such a right, that right prevails.

2. Company Information

mountain explorer, s. r. o.

Karpatske namestie 7770/10A

83106 Bratislava

Slovakia (European Union)

Company ID: 53226119

VAT ID: SK2121306704

3. Description of Service

VitalSentinel is a web performance monitoring and analytics platform that provides:

• Real User Monitoring (RUM) via JavaScript tracking scripts installed on your websites
• Web Analytics tracking for page views, events, and user behavior
• Uptime monitoring and SSL certificate expiration tracking
• Core Web Vitals monitoring (LCP, CLS, INP, TTFB, FCP)
• Chrome User Experience Report (CrUX) data integration
• Synthetic monitoring and Lighthouse performance testing
• Google Analytics and Google Search Console data integration
• SEO monitoring, page indexing status, and robots.txt monitoring
• Real-time alerting and notification systems
• Team workspaces with role-based access control
• Expert consultation and professional services (available separately)

3.1 Consultation Services

We may offer optional consultation and professional services including web performance optimization, technical audits, and expert guidance. These services:

• Are provided on a best-effort basis and do not guarantee specific outcomes
• May require separate agreements and pricing
• Include recommendations that are advisory in nature
• Do not create any ongoing obligation beyond the agreed scope

Implementation of any recommendations remains your responsibility. We are not liable for the results of acting on that advice.

4. Account Registration and Security

To use the Service, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and enable two-factor authentication (2FA) when available
• Immediately notify us if you discover or suspect any security breaches
• Not share your account credentials with unauthorized parties

You are responsible for all activities that occur under your account. We reserve the right to suspend or terminate accounts that violate these Terms or show signs of unauthorized access.

4.1 One User, One Account

Each account is licensed for use by a single individual. Account credentials are personal and non-transferable. You may not:

• Share your login credentials with other individuals
• Allow multiple people to access the Service using a single account
• Create accounts on behalf of others using false or misleading information

Team Access: If you need multiple people to access the Service, invite them to your workspace as team members with their own accounts. Each team member must have their own unique login credentials.

Enforcement: If we detect account credential sharing (including but not limited to simultaneous logins from multiple locations, unusual access patterns, or other indicators of shared access), we reserve the right to immediately suspend or terminate the account without prior notice. In such cases, no refund will be provided for any remaining prepaid subscription period.

5. Tracking Scripts and Data Collection

Our Service requires you to install JavaScript tracking scripts on your websites to collect performance and analytics data. By using these scripts, you acknowledge and agree that:

• The RUM script collects performance metrics, device information, and user interaction data from visitors to your websites
• The Analytics script collects page view data, custom events, and optional user identifiers
• Data is collected from your website visitors and transmitted to our servers for processing
• You are the Data Controller for data collected from your website visitors
• We act as a Data Processor and process this data on your behalf

5.1 Script Installation Requirements

When installing our tracking scripts, you must:

• Use the script code provided through your VitalSentinel dashboard without modification
• Not minify, obfuscate, or alter the script functionality
• Keep the script updated when we release new versions
• Remove the scripts promptly upon account termination

5.2 Synthetic Monitoring

Our synthetic monitoring service uses automated bots to test your websites. By enabling synthetic monitoring:

• You authorize our bots to access and test your monitored URLs
• Screenshots may be captured for performance analysis
• You are responsible for ensuring monitored URLs do not require authentication or contain sensitive data visible on the page
• Traffic from our monitoring bots is excluded from your analytics data

6. Your Compliance Obligations

As the operator of websites using our tracking scripts, you are responsible for:

• Obtaining appropriate consent from your website visitors where required by applicable law (including GDPR, CCPA, and similar regulations)
• Disclosing the use of VitalSentinel tracking in your website's privacy policy
• Configuring appropriate privacy settings (such as the RUM sampling rate and the Web Analytics storage consent level) for your jurisdiction
• Only monitoring websites and domains that you own or have explicit authorization to monitor
• Ensuring your use of the Service complies with all applicable data protection laws
• Responding to data subject requests from your website visitors

We provide privacy-friendly features including a configurable sampling rate for the RUM script, automatic redaction of sensitive URL parameters and personal data patterns, and automatic Do Not Track support in our Web Analytics script. You are responsible for configuring the sampling rate and storage consent level appropriately for your legal requirements.

6.1 Authorization to Monitor

You represent and warrant that, for every domain, website, or URL you add to the Service, you either own it or have obtained the explicit authorization of its owner or operator to monitor it, including authorization for the automated requests our monitoring bots will make to it.

We do not verify ownership or authorization before monitoring begins. We rely entirely on your representation above. You are solely responsible and solely liable for every monitoring configuration you create, for all requests our bots make to a monitored website as a result, and for any tracking script you install. We accept no liability for monitoring you configure without the necessary authorization.

If the owner or operator of a monitored website, or any other third party, brings a claim, complaint, or legal action in connection with monitoring you configured, that claim is your responsibility and you will indemnify us under Section 18. We may suspend or remove any monitoring configuration at any time, without notice and without liability to you, if we receive a credible report that you lack the necessary authorization.

7. Workspaces and Team Access

The Service supports team collaboration through workspaces:

• You may create workspaces and invite team members via email
• Workspace roles include Owner, Admin, and Member with different permission levels
• All workspace members can view monitoring data for domains within that workspace
• You are responsible for managing access and removing members who should no longer have access
• When you invite members, their email addresses are stored to manage workspace access
• Data is logically isolated between workspaces; members of one workspace cannot access data from other workspaces they are not part of
• When a team member is removed from a workspace, their access is revoked immediately; data they may have exported or viewed prior to removal remains their responsibility

8. Subscription Plans and Billing

VitalSentinel offers free and paid subscription plans:

• Free Plan: Limited features with usage caps on domains, page views, and data retention
• Paid Plans: Enhanced limits, longer data retention, and additional features
• Billing is processed through Stripe; we do not store your complete payment card details
• Subscriptions automatically renew unless canceled before the renewal date
• Except as set out in Section 8.1, refunds are not provided; we encourage you to use our Free Plan to evaluate the Service before upgrading

If your subscription expires or is canceled, your account will enter read-only mode for a 30-day grace period. After this grace period, your monitoring data may be deleted according to our data retention policies. You may reactivate your subscription at any time during the grace period to restore full access.

8.1 Right of Withdrawal (Consumers)

This Section 8.1 applies only to Consumers as defined in Section 1.1, and does not apply to Business Customers. A subscription bought for use in a trade, business, craft, or profession is a business purchase, whether the buyer is a company or an individual such as a sole trader or freelancer.

If you are a Consumer, you have the right to withdraw from a paid subscription within 14 days of entering into it, without giving any reason. To exercise it, tell us your decision in a clear statement by email to support@vitalsentinel.com. You may use the model withdrawal form set out in Annex I(B) of Directive 2011/83/EU, but you are not required to. Sending your notice before the 14-day period expires is enough.

If you withdraw in time, we will reimburse all payments received from you for that subscription without undue delay and no later than 14 days after we are informed, using the same means of payment you used, at no cost to you.

Because the Service is supplied digitally, you may ask us to begin supplying it during the withdrawal period. If you do, and you then withdraw, you owe us an amount proportionate to what was supplied up to the moment you told us, compared with the full subscription. Where you have expressly consented to immediate supply and acknowledged that you thereby lose the right of withdrawal once the Service has been supplied in full, the right of withdrawal does not apply, in accordance with Article 16(m) of Directive 2011/83/EU.

9. Data Retention

Data retention periods vary by subscription plan:

• RUM and Analytics event data: Retained according to your plan's data retention setting (between 6 and 24 months)
• Account data: Retained while your account is active and for 30 days after deletion request
• Audit logs: Retained for 30 days for security and compliance purposes
• Synthetic monitoring screenshots: Retained for up to 90 days

Upon account deletion, we will delete or anonymize your data within 30 days, except where retention is required by law.

10. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others, including privacy rights
• Monitor websites or domains you do not own or have authorization to monitor
• Collect sensitive personal data (health, financial, etc.) without appropriate safeguards
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service, servers, or networks
• Use the Service for any malicious, fraudulent, or illegal purposes
• Reverse engineer, decompile, or disassemble any part of the Service
• Exceed your plan's usage limits through automated means
• Resell or redistribute the Service without authorization
• Use the Service on behalf of businesses in prohibited industries (see Section 10.1)
• Modify, obfuscate, or tamper with our tracking scripts
• White-label or rebrand our Service or scripts without written authorization

10.1 Prohibited Industries

The Service may not be used by websites or businesses primarily engaged in:

• Illegal activities or promotion of illegal content
• Distribution of malware, phishing, or fraudulent schemes
• Violation of intellectual property rights
• Activities prohibited by applicable laws or regulations

We reserve the right to terminate accounts associated with prohibited activities without notice or refund.

10.2 Fair Use Policy

Usage must remain within reasonable bounds for your subscription tier. We may contact you if usage patterns appear abusive or significantly exceed normal patterns. Excessive automated requests, attempts to circumvent rate limits, or usage patterns designed to exploit our infrastructure may result in service restrictions or account termination.

11. Third-Party Services and Sub-processors

Our Service integrates with and relies on third-party services:

• Contabo – Server hosting and infrastructure (Germany, EU)
• Bird.com (MessageBird) – Email delivery
• Cloudflare – CDN, security, bot protection, and cloud storage
• Google Cloud Platform – Google Analytics, Google Search Console, CrUX, and PageSpeed Insights APIs
• Stripe – Payment processing and subscription management
• MaxMind – IP geolocation services
• Anthropic – AI-powered analysis features
• Ahrefs – Web analytics for our marketing website

Your use of features involving these third-party services is subject to their respective terms and privacy policies.

Third-Party API Dependency: Features that rely on third-party APIs (including Google Analytics, Google Search Console, and CrUX data) are subject to the availability and functionality of those APIs. We are not responsible for changes, discontinuation, or data accuracy issues originating from third-party services. If a third-party service becomes unavailable or changes its API, affected features may be modified or discontinued.

12. API Access

If we provide API access to the Service:

• API access is subject to rate limits based on your subscription plan
• API credentials must be kept confidential and not shared
• You may not use the API to build a competing service
• We may modify or discontinue API features with reasonable notice
• Automated API usage must comply with our fair use policy

13. Intellectual Property

The Service and its original content, features, tracking scripts, and functionality are and will remain the exclusive property of mountain explorer, s. r. o. and its licensors. The Service is protected by copyright, trademark, and other laws.

Subject to these Terms and to payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence, for the term of your subscription, to access and use the Service and to reproduce and serve our tracking scripts, unmodified, on websites you are authorized to monitor under Section 6.1, within the limits of your plan. All rights not expressly granted are reserved. This licence terminates automatically on suspension or termination of your account, at which point you must remove our tracking scripts from your websites.

You retain ownership of any data you submit to the Service and data collected from your websites. By using the Service, you grant us a limited license to use, store, process, and display your data solely to provide and improve the Service.

14. Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect personal information.

The Privacy Policy also details what data our tracking scripts collect from your website visitors and how that data is processed.

14.1 Data Processing Terms

This Section 14.1 is the data processing agreement required by Article 28(3) of the GDPR. It applies to every customer on every plan, including the Free Plan, and takes effect when you accept these Terms. No separate signature is required, and these terms give you the full protection of Article 28 without one. A countersigned standalone data processing agreement is available on Enterprise and custom plans only; contact us at privacy@vitalsentinel.com.

Scope. For personal data collected from your website visitors through our tracking scripts and monitoring services, you are the Data Controller and we are the Data Processor. The subject matter is the provision of the Service; the duration is the term of your subscription plus the retention periods in Section 9; the nature and purpose is website performance monitoring, analytics, and alerting; the personal data is the categories listed in Sections 4.1 and 4.2 of the Privacy Policy; and the data subjects are visitors to the websites you monitor. For your own account, billing, and support data we act as Data Controller, as described in the Privacy Policy.

As Data Processor, we will:

• Process only on your documented instructions. Your instructions are these Terms, the Privacy Policy, and the configuration choices you make in the Service, including sampling rate, storage consent level, which domains you monitor, and which integrations you enable. We will tell you if we believe an instruction infringes data protection law, and we will not process the data for our own purposes. If we are required by EU or member state law to process otherwise, we will inform you first unless that law prohibits it.
• Ensure confidentiality. Personnel authorized to process the data are bound by a duty of confidentiality.
• Implement Article 32 security measures, including encryption in transit, access controls, and the measures described in the Privacy Policy.
• Engage sub-processors on the same terms. You give general authorization for the sub-processors listed in Section 11 and in the Privacy Policy. We will give at least 30 days' notice before adding or replacing one, and you may object on reasonable data protection grounds, in which case you may terminate the affected part of the Service and receive a pro rata refund. We remain liable for our sub-processors' performance.
• Assist with data subject rights, taking into account the nature of the processing, by appropriate technical and organizational measures, so far as is possible.
• Assist with Articles 32 to 36, including security, breach notification, data protection impact assessments, and prior consultation, taking into account the nature of the processing and the information available to us.
• Delete or return the data at the end of the Service, at your choice, except where EU or member state law requires storage, and delete existing copies in accordance with the retention periods in Section 9.
• Make available the information needed to demonstrate compliance with Article 28 and allow for and contribute to audits, including inspections, conducted by you or an auditor you mandate. Audits are limited to once in any twelve-month period unless required by a supervisory authority or following a personal data breach, must be reasonable in scope and timing, must not compromise the security or confidentiality of other customers' data, and are at your cost.

International transfers.Where we transfer personal data outside the EEA, we do so under an adequacy decision or the European Commission's Standard Contractual Clauses, as described in the Privacy Policy. Where the Standard Contractual Clauses apply, they take precedence over any conflicting term in these Terms.

15. Service Availability

We strive to provide reliable service but do not guarantee uninterrupted access or any specific level of uptime, and we make no warranty regarding uptime, availability, or continuous operation of the Service.

The Service may be temporarily unavailable due to:

• Scheduled maintenance and updates
• Technical issues or system failures
• Third-party service outages
• Circumstances beyond our reasonable control

We will make reasonable efforts to notify users of planned maintenance when possible.

Service Credit for Extended Outages: In the event of an unplanned service outage lasting longer than 12 consecutive hours, affected users with an active paid subscription may request a one-month free extension of their current subscription plan. To claim this service credit, you must submit a request to our support team within 30 days of the outage. Service credits are the exclusive remedy for service unavailability, to the maximum extent permitted by applicable law.

15.1 Changes to the Service

We continue to develop the Service and may add, modify, or discontinue features at any time. Where a change is material and adversely affects a feature you rely on as a paid subscriber, we will give you at least 30 days' notice by email or by a prominent notice in the Service.

If you do not accept such a change, you may terminate your subscription before it takes effect and we will refund any prepaid subscription fees covering the period after termination on a pro rata basis.

Features we describe as beta, preview, early access, or experimental are provided for evaluation, may be changed or withdrawn without notice, are excluded from any service commitment in these Terms, and are provided without warranty of any kind.

16. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be error-free, secure, or uninterrupted
• Data collected will be 100% accurate or complete
• The Service will meet your specific requirements
• Any defects will be corrected
• Every issue affecting your website will be detected, or that every alert will be generated and delivered

Data Accuracy Disclaimer

Performance metrics, analytics data, and monitoring results are provided for informational purposes. Data accuracy depends on many factors including script installation, visitor browser capabilities, network conditions, ad blockers, sampling rates, and third-party API availability. Data should be used as one of many inputs for decision-making, not as the sole basis for critical business decisions. We are not responsible for decisions made based on data provided by the Service.

Monitoring and Alert Disclaimer

Monitoring checks run at the intervals defined by your plan, not continuously. An issue that starts and ends between two checks may never be detected, and detection is never instantaneous. We do not guarantee that every problem affecting your website will be detected, that every alert will be generated, or that any alert will reach you on time or at all. Alert delivery also depends on systems outside our control, including email providers and spam filtering, and our own infrastructure can fail. We make reasonable efforts to keep monitoring and alerting running, but the Service is a best-effort early-warning tool, not a guarantee.

The Service does not protect, preserve, or guarantee your search rankings, organic traffic, conversions, or revenue. You remain responsible for supervising your own website, keeping your own safeguards and backups in place, and acting on the information the Service provides. We are not liable for any loss resulting from an issue we did not detect, an alert that was delayed or never delivered, or any action you did or did not take as a result.

Marketing Language Disclaimer

Marketing phrases used on our website and in promotional materials, including but not limited to "Your website's revenue insurance," are metaphorical marketing slogans intended to describe the protective value of proactive website monitoring. VitalSentinel is a website monitoring and analytics software service. We are not an insurance provider, we do not offer insurance products of any kind, and nothing in our marketing constitutes an insurance policy, guarantee, indemnity, or financial protection against lost revenue, downtime, or any other loss. No contract of insurance is created by your use of the Service.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOUNTAIN EXPLORER, S. R. O. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers or any personal information
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, or similar harmful code transmitted through the Service
• Inaccuracies in collected data, metrics, or analytics
• Actions taken based on data or recommendations provided by the Service
• Changes in search engine rankings or website performance
• Business losses, including lost profits, revenue, or business opportunities
• Third-party service outages affecting data collection or integrations

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, our total aggregate liability for all claims arising from or relating to the Service shall not exceed the amounts paid by you to us in the twelve (12) months preceding the claim, or EUR 100, whichever is greater.

The exclusions and limitation in this Section 17 apply to mountain explorer, s. r. o. and to its affiliates, officers, directors, employees, agents, licensors, and suppliers, and operate as a single aggregate cap across all of them and all claims, whether in contract, tort (including negligence), or otherwise.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for wilful misconduct, or for any other liability that cannot lawfully be excluded or limited. If you are a Consumer, this Section applies only to the extent permitted by the mandatory law of your country of residence.

18. Indemnification

If you are a Business Customer, you agree to indemnify, defend, and hold harmless mountain explorer, s. r. o. and its officers, directors, employees, and agents from third-party claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

• Your breach of these Terms
• Your violation of any applicable laws or third-party rights
• Your monitoring of any website or domain that you do not own or are not authorized to monitor, including any claim brought by that website's owner or operator, and including claims relating to the requests our monitoring bots make to it
• Your failure to obtain necessary consents from your website visitors
• Data collected through your use of our tracking scripts

This indemnity does not apply to the extent a claim is caused by our own negligence, wilful misconduct, or breach of these Terms.

We will notify you promptly of any claim for which we seek indemnity, give you the right to control the defense and settlement with counsel of your choosing, and provide reasonable cooperation at your expense. You may not settle any claim in a way that admits fault on our part, imposes any obligation on us, or fails to release us unconditionally, without our prior written consent.

If you are a Consumer, this Section 18 does not apply to you; your liability to us is governed by the general law of your country of residence.

19. Termination

Termination for cause. We may suspend or terminate your account and access to the Service immediately, without prior notice and without liability, if you breach these Terms, fail to pay when due, use the Service unlawfully or in a way that risks harm to us, to the Service, or to a third party, or if we are required to do so by law. Where the breach is capable of being cured and does not present an immediate risk, we will normally give you notice and a reasonable opportunity to cure first.

Termination for convenience.We may terminate your account for any other reason on at least 30 days' notice, in which case we will refund any prepaid subscription fees covering the period after termination on a pro rata basis.

You may terminate your account at any time through account settings or by contacting us. Upon termination:

• Your right to use the Service will immediately cease
• You must remove our tracking scripts from your websites
• Your data will be retained for 30 days before deletion
• Refunds are not provided for unused subscription periods

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Slovakia and applicable European Union regulations, without regard to conflict of law provisions.

For Business Customers, any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts in Bratislava, Slovakia.

If you are a Consumer, the choice of Slovak law above does not deprive you of the protection of provisions that cannot be derogated from by agreement under the law of your country of habitual residence, and the exclusive jurisdiction clause above does not apply to you. You may bring proceedings against us in the courts of your country of residence or in Slovakia, and we may bring proceedings against you only in the courts of your country of residence.

21. Dispute Resolution

Before initiating any legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at support@vitalsentinel.com. We will attempt to resolve the dispute within 30 days.

If the dispute cannot be resolved informally, either party may pursue legal remedies as outlined in the Governing Law section.

Consumers: this informal step is optional for you and is not a precondition to taking legal action. If we cannot resolve your complaint, you may refer it to the Slovak Trade Inspection (Slovenska obchodna inspekcia), Bajkalska 21/A, 827 99 Bratislava, Slovakia, which is the competent alternative dispute resolution body for consumer disputes with us. Referring a dispute to that body does not affect your right to go to court.

22. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to: natural disasters, wars, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, pandemics, strikes, power outages, internet outages, or failures of third-party services and infrastructure providers. During such events, our obligations under these Terms will be suspended for the duration of the force majeure event.

23. Age Requirement

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

24. Export Compliance

You agree to comply with all applicable export control and trade sanctions laws. You may not use the Service if you are located in, or a resident of, a country subject to comprehensive sanctions, or if you are on any restricted party list. The Service may not be used in connection with the development of weapons, nuclear activities, or other prohibited end uses.

25. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice by email or by a prominent notice on the Service before the new terms take effect.

Material changes take effect on the date stated in the notice unless you terminate your account before that date. If you do not accept a material change, you may terminate before it takes effect and we will refund any prepaid subscription fees covering the period after termination on a pro rata basis, notwithstanding Sections 8 and 19.

Your continued use of the Service after a change takes effect constitutes acceptance of the new Terms.

26. Pricing and Taxes

All prices are displayed in United States Dollars (USD) unless otherwise specified. Prices are exclusive of applicable taxes except where required by law.

• VAT for EU Customers: Value Added Tax (VAT) is collected via Stripe for customers in the European Union where applicable
• Other Taxes: You are responsible for paying any other applicable taxes, duties, or governmental fees in your jurisdiction
• Price Changes: We may change subscription prices with at least 30 days' advance notice. Price changes will take effect at the start of your next billing cycle after the notice period

If you believe you qualify for a tax exemption, please contact us with valid exemption documentation before your purchase.

27. Free Tier

We offer a free tier of the Service with limited features and usage caps. Regarding the free tier:

• Free tier features, limits, and availability may be modified or discontinued at any time without prior notice
• We make no guarantees regarding the continued availability of the free tier
• Free tier accounts are subject to stricter usage limits and may have reduced data retention periods
• We may prioritize support and resources for paid customers

The free tier is provided for evaluation purposes. For production use or business-critical monitoring, we recommend upgrading to a paid plan.

28. Account Inactivity

We may take action on accounts that remain inactive for extended periods:

• 21 Days of Inactivity: If you have not logged in for 21 days, we may send a reminder email to your registered email address
• 83 Days of Inactivity: If you have not logged in for 83 days, we send a deletion warning email to your registered email address
• 90 Days of Inactivity: If you have not logged in for 90 days, we reserve the right to delete your account and all associated data
• Accounts with an active paid subscription are not considered inactive, regardless of login activity
• You may reactivate your account at any time before deletion by logging in

We will make reasonable efforts to contact you before deleting an inactive account, but we are not liable for any data loss resulting from account inactivity.

29. Data Export

You have the right to export your data from the Service:

• You may request an export of your data at any time by contacting us at privacy@vitalsentinel.com
• Upon account termination, you will have 30 days to request an export of your data before it is deleted
• Exported data will be provided in standard formats (CSV, JSON, or similar)
• Large data exports may be subject to processing time and reasonable limitations

We recommend regularly exporting critical data as part of your backup strategy.

30. General Provisions

30.1 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

30.2 Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

30.3 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and mountain explorer, s. r. o. regarding the Service. These Terms supersede any prior agreements, communications, or understandings, whether written or oral, relating to the subject matter herein.

30.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law. Any attempted assignment in violation of this section shall be void.

30.5 No Partnership or Agency

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and mountain explorer, s. r. o. Neither party has the authority to bind the other or to incur obligations on behalf of the other.

30.6 Electronic Communications

By using the Service, you consent to receive electronic communications from us, including emails, in-app notifications, and notices posted on our website. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

30.7 Notices

All notices to you will be sent to the email address associated with your account. Notices are deemed delivered when sent. You are responsible for keeping your email address current. Notices to us must be sent to legal@vitalsentinel.com and are deemed delivered upon confirmed receipt.

30.8 Feedback and Suggestions

If you provide us with feedback, suggestions, ideas, or other submissions regarding the Service ("Feedback"), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, publish, distribute, and sublicense such Feedback for any purpose without compensation or attribution to you.

30.9 Subcontractors

We may use subcontractors, sub-processors, and third-party service providers to help operate the Service. We remain responsible for our subcontractors' compliance with our obligations under these Terms.

30.10 Confidentiality

"Confidential Information" means non-public information disclosed by one party to the other that is identified as confidential or that a reasonable person would understand to be confidential from its nature or the circumstances of disclosure, including your monitoring data and infrastructure details, and our non-public technical, security, and commercial information. Each party will keep the other's Confidential Information confidential, use it only to perform or use the Service, and protect it with at least the care it applies to its own confidential information.

These obligations do not apply to information that is or becomes public without breach, was already known to the recipient without a duty of confidence, is independently developed without use of the Confidential Information, or is lawfully received from a third party. A party may disclose Confidential Information where required by law or a competent authority, giving the other party reasonable prior notice where legally permitted. On termination, each party will on request return or destroy the other's Confidential Information, except for copies retained in routine backups or as required by law. These obligations survive for three years after termination, and indefinitely for anything that constitutes a trade secret.

30.11 Survival

The following sections shall survive any termination or expiration of these Terms: Intellectual Property, Privacy, Disclaimer of Warranties, Limitation of Liability, Indemnification, Confidentiality, Governing Law, Dispute Resolution, and General Provisions. Any other provisions that by their nature should survive will also remain in effect.

30.12 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.