Terms of Service
Ce document est publié uniquement en anglais. Le texte anglais fait foi.
1. Parties
These Terms of Service ("Terms") govern the use of the Pingsured monitoring platform ("Service") provided by comci technology UG (haftungsbeschränkt) ("Pingsured", "we", "us", or "our"), a limited-liability company under German law, registered at Dreieichstr. 53, 63128 Dietzenbach, Germany, registered with the Amtsgericht Offenbach under HRB 59238, VAT ID DE464319421.
The other party to these Terms ("Customer", "you", or "your") is the business — a company, a sole trader or a self-employed professional — for which an account is created on the Service. By confirming at signup that you are signing up for your business or self-employed work and not as a consumer, you confirm that you are an entrepreneur (Unternehmer) within the meaning of §14 BGB — i.e., you are entering into this contract in the exercise of your commercial or independent professional activity. The Service is not offered to consumers (Verbraucher per §13 BGB), and we may refuse or close accounts that do not meet this requirement.
2. Agreement and changes
By ticking the box at signup that accepts these Terms, or otherwise affirmatively using the Service, you agree to be bound by these Terms and by the Data Processing Agreement ("DPA") published at https://pingsured.eu/legal/dpa, which is incorporated into these Terms by reference.
We may update these Terms or the DPA where there is a legitimate reason to do so — in particular changes in law or case law, changes to the Service or its technical basis, or the closing of gaps in these Terms — provided the change does not alter the essential balance of the contract. We notify the customer's account owner(s) of material changes by email at least thirty (30) days before the new version takes effect for existing customers. The notice states the effect of not objecting.
If you do not agree with a change, you may decline it by closing your account with effect no later than the date the new version takes effect, regardless of your current subscription period; prepaid fees for the unused remainder of the subscription period are refunded pro rata. If you continue to use the Service after the new version takes effect, the new version applies. New customers signing up after a new version is published accept that new version directly.
3. The Service
The Service is a software-as-a-service uptime and availability monitoring platform. You configure monitoring tasks (HTTP, ICMP, and similar checks); Pingsured executes those checks from distributed worker nodes and reports results, alarms, and aggregated availability metrics through the platform UI and notification channels you configure.
The features available to you depend on your subscription tier. Tier definitions and per-tier limits are documented separately. We may add new tiers, retire existing ones, or adjust what new customers see in our catalogue over time. Existing customers stay on the tier they booked through the end of their current subscription period; we will not silently downgrade what a paying customer receives during a paid period. If a tier you are on is being retired, we give reasonable advance notice and offer migration to the closest equivalent tier at renewal.
We do not commit to a particular uptime percentage, latency, or availability target in these Terms. Where we offer service-level commitments, they are set out in a separate, signed service-level agreement. Our warranty obligations are set out in section 11.
Where we offer a free tier, trial, or beta feature, it is provided free of charge for evaluation purposes. Sections 11 and 12 apply, but no service-level commitment applies, either party may end a free tier or trial at any time without notice, and Customer Data associated with it is returned and deleted in accordance with the DPA after it ends.
4. Account registration
To use the Service you must create an account. You agree to provide information that is accurate, complete, and current — including company name, registered address, VAT ID where applicable, and a valid contact email — and to keep that information up to date. Failure to do so is a material breach of these Terms and may result in suspension or termination of your account.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at security@pingsured.eu if you suspect unauthorised access.
5. Acceptable use
You may use the Service only to monitor systems for which you have authority to perform such monitoring — your own systems, or systems whose operator has authorised you. In particular, you may not use the Service to:
- monitor or probe systems without the operator's permission;
- conduct denial-of-service, security testing, or load testing dressed as monitoring against systems you do not control;
- circumvent rate limits, quotas, or access controls of any third party;
- transmit malware, infringing content, or content that violates applicable law;
- reverse-engineer, decompile, or attempt to extract the source code of the Service except where such action is permitted by mandatory law;
- resell or sublicense access to the Service without our prior written consent;
- otherwise use the Service in a manner that violates applicable law, infringes the rights of third parties, or interferes with the integrity or performance of the Service or its use by other customers.
For non-egregious violations of this section we will notify you and give you a reasonable opportunity to cure — typically seven (7) days — before suspending or terminating. For severe or imminent violations — active abuse of third-party systems, malware distribution, content that violates applicable law, or conduct that creates immediate risk to other customers or to us — we may suspend or terminate immediately without prior notice.
6. Customer data and the DPA
In the course of providing the Service we process personal data on your behalf as described in the DPA. The DPA establishes us as your data processor under Article 28 GDPR for that processing.
You are responsible for ensuring that the systems you monitor and the data they emit (response bodies, headers, etc., where you have configured the Service to capture them) do not include personal data that you are not entitled to process. The Service does not filter response content; whatever your monitored endpoint returns is what we capture.
You retain all rights in the configuration data, monitoring results, and account data associated with your use of the Service ("Customer Data"). For us to operate the Service for you, we need your permission to host, store, process, and transmit Customer Data on our infrastructure. By using the Service, you give us that permission, limited to what is necessary to deliver the Service. We do not claim any ownership in your Customer Data and we do not use it for any purpose beyond delivering the Service to you.
7. Fees and billing
Fees are set out in your subscription plan. Unless agreed otherwise, fees are quoted net of VAT. For EU business customers outside Germany providing a valid VAT ID, the reverse-charge procedure applies.
Invoices are issued electronically and sent by email to the invoice address you provide; you can also download them from your account. By accepting these Terms you agree to receive invoices in this form.
Fees are invoiced in advance for each subscription period and are due immediately on the invoice date, without deduction. Payment is made by automatic collection from the payment method on file, which we may carry out on or after the invoice date. Where an amount cannot be collected that way, for example because no usable payment method remains, it may be paid by bank transfer to the account shown on the invoice. If a collection fails or a payment is reversed, we may collect again. If an amount remains unpaid at least fourteen (14) days after the invoice date, we may suspend the Service until it is paid; we will tell you before we do. You are in default at the latest thirty (30) days after receipt of the invoice if no payment has been received (§286(3) BGB), and default interest at the statutory rate applies (§288 BGB). Currency, accepted payment methods, and tier-specific terms are set out in the subscription / checkout flow.
You may set off against our claims, or withhold payment, only on the basis of counterclaims that are undisputed or have been established by a final court judgment.
We may change the fees for a subscription with effect from the start of the next subscription period by notifying you by email at least thirty (30) days before that period begins. If you do not wish to continue at the changed fees, you may terminate the contract with effect from the end of the current subscription period; your ordinary termination right under section 13 is otherwise unaffected. Fees do not change during a subscription period that has already been paid.
8. Intellectual property
The Service and all software, designs, trademarks, documentation, and content that we make available through it are and remain our exclusive property or that of our licensors. Nothing in these Terms transfers any intellectual property rights to you except for the limited right to use the Service as specified in these Terms.
You may not use our trademarks, logos, or trade dress in any context without our prior written consent.
9. Indemnification
Our indemnity to you
We will defend you against any third-party claim alleging that the Service, when used by you in accordance with these Terms, infringes that third party's patent, copyright, trademark, or trade-secret rights, and we will pay the damages and reasonable legal fees that a court finally awards (or that we agree in settlement) for such a claim, provided that you:
- give us prompt written notice of the claim;
- allow us to control the defence and any settlement negotiations;
- do not admit liability or settle without our prior written consent (which we will not unreasonably withhold);
- cooperate with us at our reasonable expense.
If the Service is held to infringe — or if we reasonably believe it may be held to infringe — we may, at our option and expense: (i) modify the Service so that it no longer infringes; (ii) procure for you the right to continue using it; or (iii) if neither (i) nor (ii) is commercially reasonable, terminate the affected portion of the Service and refund the pro-rata fees you paid for the unused remainder of the subscription period.
This indemnity does not apply to claims arising from: (a) your use of the Service in violation of these Terms or applicable law; (b) Customer Data or any content you provided; (c) modifications to the Service made by anyone other than us; (d) combination of the Service with products, services, or processes not provided or recommended by us, where the claim would not have arisen but for that combination; or (e) your continued use of the Service after we have provided a non-infringing alternative.
This is your sole and exclusive remedy, and our sole liability, for IP infringement claims relating to the Service. Our maximum aggregate liability under this indemnity is subject to the limitation set out in section 12; this section does not lift the cap.
Your indemnity to us
You will indemnify and hold us harmless against any third-party claim arising from: (a) your use of the Service in breach of these Terms or applicable law (including the acceptable-use clause); (b) Customer Data or content you submitted to the Service; or (c) the systems you monitored through the Service — in particular, claims that you monitored systems without authorisation. The notice, control, and cooperation conditions described above apply equally to claims under this paragraph.
10. Confidentiality
Each party may receive non-public information from the other in connection with the Service. Each party agrees to protect the other's confidential information with at least the same degree of care it uses for its own confidential information of similar importance, and not less than reasonable care, and to use such information only for the purposes of these Terms.
This obligation does not apply to information that (a) was already known without an obligation of confidentiality, (b) becomes publicly known through no fault of the receiving party, (c) is independently developed without reference to the disclosing party's information, or (d) must be disclosed by law. The obligations in this section continue for three (3) years after termination of the contract.
11. Warranties
We provide the Service with reasonable skill and care and the standard of quality customary for software-as-a-service products of this kind. The statutory provisions on defects in rental agreements (§§535 et seq. BGB) apply within the limits set out in this contract. No-fault liability for defects that existed at the time the contract was concluded (§536a(1), first alternative, BGB) is excluded. We do not warrant that the Service will be uninterrupted, error-free, or secure against every conceivable threat, that every defect will be corrected, or that the Service will produce results that meet your specific requirements.
12. Limitation of liability
We are liable without limitation for damages caused by intent or gross negligence, for damages resulting from injury to life, body, or health, and for liability under the German Product Liability Act (Produkthaftungsgesetz).
For damages caused by simple negligence (leichte Fahrlässigkeit), we are liable only for the breach of essential contractual obligations (Kardinalpflichten — obligations whose fulfilment is a precondition for the proper performance of the contract and on whose observance the customer typically relies). In that case our liability is limited to typical and foreseeable damages, capped at the fees paid by you for the Service in the twelve (12) months preceding the event giving rise to the claim.
Except in the cases described in the first paragraph of this section, we are not liable for indirect, consequential, special, or punitive damages, including lost profits, lost goodwill, or business interruption.
For loss of data, our liability is limited to the cost of restoring the data from the backups that would have existed had you performed regular backups appropriate to the importance of the data. The preceding limitations apply in addition.
These limitations apply to all claims arising out of or relating to the Service, regardless of the legal theory under which they are brought, and also apply in favour of our legal representatives, employees, and agents (Erfüllungsgehilfen).
Claims against us that are not covered by the first paragraph of this section become time-barred twelve (12) months after the statutory limitation period would otherwise begin to run.
13. Term and termination
These Terms apply for as long as you have an account on the Service.
A subscription runs for the period selected at checkout (monthly or annual). It renews automatically for a further period of the same length unless terminated in accordance with this section before the end of the current period. Renewal periods do not exceed twelve (12) months.
You may terminate the contract at any time with effect from the end of the current subscription period; no notice period applies. The Service continues until then, and fees already paid for that period are not refunded except as sections 2 and 9 provide. You may withdraw a termination until it takes effect. Customers terminate via the in-app cancellation control in their account settings; if that control is unavailable, notice in text form per §126b BGB (email is sufficient) is accepted as a fallback, with effect from the end of the subscription period in which it reaches us.
We may terminate the contract at the end of the current subscription period by giving at least thirty (30) days' notice.
Either party's right to terminate for cause (außerordentliche Kündigung) under §314 BGB is unaffected.
We may suspend or terminate your account immediately for cause if you materially breach these Terms — including, without limitation, non-payment beyond thirty (30) days, violation of the acceptable-use clause, or breach of confidentiality.
On termination:
- your right to use the Service ends immediately;
- Customer Data is returned and deleted in accordance with the DPA;
- accrued fees remain payable, and we may continue to collect them from the payment method on file, including after the account has been closed or deleted;
- sections 9, 10, 12, 15, and 16 continue to apply.
14. Force majeure
Neither party is liable for failure to perform its obligations (other than payment obligations) where such failure is caused by circumstances beyond the party's reasonable control — including natural disasters, pandemics or other public-health emergencies, war, terrorism, labour disputes, sweeping internet or power outages of regional or wider scope, or governmental action — for as long as those circumstances persist and to the extent they prevent performance. Service interruptions limited to a single provider we use, including our hosting provider, are not force majeure events; they are governed by our service obligations under sections 3 and 11.
15. Governing law and venue
These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding conflict-of-law rules that would lead to the applicability of another jurisdiction.
The exclusive venue (Gerichtsstand) for all disputes arising from or in connection with these Terms is Frankfurt am Main, to the extent permitted by law.
16. General
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force. The invalid provision is replaced by a provision that comes closest to the economic intent of the original.
These Terms and the DPA constitute the entire agreement between us regarding the Service and supersede any prior agreements, written or oral. In the event of a conflict, the following order of precedence applies: (1) a signed order form or service-level agreement; (2) these Terms; (3) the plan and tier terms shown at checkout; (4) the DPA — except that the DPA prevails on all matters concerning the processing of personal data. The privacy policy describes how we handle personal data; it is referenced from these documents but is not itself part of the contractual agreement — it is a unilateral commitment we make to data subjects under data-protection law.
We may transfer our rights and obligations under these Terms to a successor in connection with a merger, acquisition, or sale of substantially all of our assets. You may not transfer your rights or obligations without our prior written consent.
A failure to enforce any provision of these Terms is not a waiver of the right to enforce that provision later or to enforce any other provision.
17. Contact
comci technology UG (haftungsbeschränkt) Dreieichstr. 53 63128 Dietzenbach Germany
Email: support@pingsured.eu Privacy and data-protection requests: privacy@pingsured.eu Security disclosures: security@pingsured.eu
Change log
v1.0 (2026-09-15) — initial
Initial publication.