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.

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 pageviews, 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 outcomes resulting from the implementation of consultation 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 users to access the Service, use our workspace team member feature to invite additional users 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, which shall be forfeited as a penalty for violation of these Terms.

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 pageview 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 processing 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
• Bot traffic does not count toward 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 sampling rates and data masking) 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 configurable sampling rates, text masking, query parameter filtering, and Do Not Track (DNT) header respect. You are responsible for enabling these features as appropriate for your legal requirements.

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 cancelled before the renewal date
• Refunds are not provided; we encourage you to use our Free plan to evaluate the Service before upgrading

If your subscription expires or is cancelled, your account will enter read-only mode for a 90-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.

9. Data Retention

Data retention periods vary by subscription plan:

• RUM and Analytics event data: Retained according to your plan's data retention setting (typically 1-12 months, up to 24 months for enterprise plans)
• Account data: Retained while your account is active and for 90 days after deletion request
• Audit logs: Retained for 12-24 months 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 90 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 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)
• Amazon Web Services (AWS) - Cloud infrastructure services
• Bird.com (MessageBird) - Transactional email delivery
• Cloudflare - Content delivery, security services, and cloud storage
• Google Cloud Platform - Analytics, Search Console, CrUX, and PageSpeed Insights APIs
• Stripe - Payment processing and subscription management
• MaxMind - IP geolocation services
• Anthropic - AI-powered analysis features

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.

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.

15. Service Availability

Beta Period Notice: Until March 1, 2026, the Service is in active development and operates in beta. During this beta period, we cannot guarantee the availability or stability of the Service. Additionally, some data may be dropped or deleted from our database as part of development activities, system updates, or infrastructure changes. By using the Service during the beta period, you acknowledge and accept these limitations.

We strive to provide reliable service but do not guarantee uninterrupted access or any specific level of uptime. While our Service generally maintains availability of 99.9% or higher, this is not a guarantee, 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 provided at our sole discretion and are the exclusive remedy for service unavailability.

16. Disclaimer of Warranties

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

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.

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

Our total liability for any claims arising from 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.

18. Indemnification

You agree to indemnify, defend, and hold harmless mountain explorer, s. r. o. and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable laws or third-party rights
• Your failure to obtain necessary consents from your website visitors
• Data collected through your use of our tracking scripts

19. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms.

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 a limited period 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.

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

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.

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.

26. 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 prior to any new terms taking effect via email or prominent notice on the Service.

Your continued use of the Service after any changes constitutes acceptance of the new Terms.

27. 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.

28. 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.

29. Account Inactivity

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

• 12 Months Inactivity: After 12 months of no login activity, we will send a warning email to your registered email address
• 18 Months Inactivity: After 18 months of no login activity, we reserve the right to delete your account and all associated data
• Paid subscriptions with active billing 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.

30. Data Export

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

• Data export functionality is available through your dashboard or via our API (where available)
• Upon account termination, you will have 30 days to export 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.

31. General Provisions

31.1 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.

31.2 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.

31.3 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.

31.4 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.

31.5 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.

31.6 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.

31.7 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.

31.8 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.

31.9 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.

31.10 Survival

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

31.11 Headings

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