Terms of Service

1. Acceptance of Terms

By accessing or using Sysmos ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. These Terms constitute a legally binding agreement between you and Sysmos.

If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

2. Description of Service

Sysmos is a server monitoring platform that provides real-time visibility into your infrastructure, including servers, logs, metrics, and alerts. The Service includes:

• Server performance monitoring and metrics collection
• Log aggregation and analysis
• Alerting and notification systems
• Dashboard and visualization tools
• API access for integrations
• Agent software for data collection

3. Account Registration

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete registration 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 access or security breach

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our discretion.

4. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or its infrastructure
• Collect or harvest user data without consent
• Use the Service for illegal monitoring or surveillance activities
• Resell or redistribute the Service without authorization
• Reverse engineer, decompile, or disassemble the Service
• Use automated systems to excessively burden the Service

5. Your Data and Content

5.1 Ownership

You retain ownership of all data, content, and configurations you submit to the Service ("Your Content"). We do not claim ownership of Your Content.

5.2 License Grant

By using the Service, you grant us a limited, non-exclusive license to access, process, and display Your Content solely to provide and improve the Service.

5.3 Your Responsibilities

You are responsible for:

• Ensuring you have the right to submit Your Content
• Maintaining backups of Your Content
• Compliance with data protection laws regarding data you monitor
• Obtaining necessary consents for monitoring activities

6. Pricing and Payment

During our beta period, certain features may be available at no cost. Future pricing will be announced before general availability. For paid plans:

• Fees are billed in advance on a monthly or annual basis
• All fees are non-refundable unless otherwise stated
• We reserve the right to modify pricing with 30 days' notice
• Failure to pay may result in service suspension

7. Intellectual Property

The Service, including its design, features, and content (excluding Your Content), is owned by Sysmos and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express permission.

The Sysmos name, logo, and all related trademarks are our property. You may not use them without our prior written consent.

8. Third-Party Services

The Service may integrate with or link to third-party services (e.g., cloud providers, notification services). Your use of third-party services is subject to their respective terms and policies. We are not responsible for third-party services or their availability.

9. Disclaimer of Warranties

THE SERVICE IS 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:

• MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR COMPLETENESS OF THE SERVICE
• UNINTERRUPTED OR ERROR-FREE OPERATION
• SECURITY OF DATA OR TRANSMISSIONS

We do not warrant that the Service will meet your requirements or that any errors will be corrected. Use of the Service is at your own risk.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SYSMOS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL
• COST OF SUBSTITUTE SERVICES
• DAMAGES ARISING FROM SERVICE INTERRUPTION OR DATA LOSS
• DAMAGES EXCEEDING THE AMOUNT PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM

This limitation applies regardless of the legal theory and even if we have been advised of the possibility of such damages.

11. Indemnification

You agree to indemnify, defend, and hold harmless Sysmos and its affiliates from any claims, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your Content or data you submit to the Service

12. Service Modifications and Termination

We reserve the right to:

• Modify, suspend, or discontinue the Service at any time
• Change features, functionality, or pricing
• Impose limits on certain features or access
• Terminate your account for violation of these Terms

You may terminate your account at any time by contacting support. Upon termination, your right to use the Service ceases, and we may delete Your Content after a reasonable period.

13. Governing Law and Disputes

These Terms are governed by the laws of the jurisdiction in which Sysmos operates, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration, except where prohibited by law.

14. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms and revising the "Last updated" date. Your continued use of the Service after changes take effect constitutes acceptance of the new Terms.

15. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Sysmos regarding the Service.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Waiver: Failure to enforce any right does not waive that right.
• Assignment: You may not assign your rights under these Terms without our consent.

16. Contact Information

For questions about these Terms of Service, please contact us: