Terms of Service

1. Acceptance of Terms

These Terms and Conditions (“Terms”) govern all use of the Monitorctl products, including the web application, mobile applications (iOS and Android), APIs, status pages, and all related content, services, and products (collectively, the “Services”).

The Services are owned and operated by Infocellent Technologies Inc., a corporation duly incorporated under the laws of the State of Delaware, United States (“Infocellent”).

Monitorctl® is a trademark and service mark of Infocellent Technologies Inc. The Monitorctl platform and Services are provided and maintained by Infocellent under the Monitorctl brand and may be accessed and consumed globally, subject to these Terms and applicable local laws.

By accessing or using any part of the Services, you agree to be bound by these Terms. If you do not agree, you may not access or use the Services.

2. Definitions

• “Infocellent” refers to Infocellent Technologies Inc., a Delaware corporation.
• “Monitorctl” refers to the Monitorctl® brand, trademark, and Services operated by Infocellent.
• “User”, “you”, or “Customer” refers to any individual or entity using the Services.
• “Services” refers to all monitoring software, applications, APIs, dashboards, and related offerings provided under the Monitorctl name.

3. Changes to Terms

Monitorctl may modify these Terms from time to time. Updated Terms will be posted on the website and will become effective no earlier than the date of posting, unless required by law.

Material changes will be communicated via reasonable means such as email, in-app notices, or website announcements. Continued use of the Services constitutes acceptance of the updated Terms.

4. Account Responsibility

You are responsible for maintaining the confidentiality and security of your credentials, API keys, and access permissions. You are fully responsible for all activity conducted under your account.

Monitorctl is not liable for losses caused by unauthorized use resulting from your failure to secure your account.

5. Responsibility of Contributors

You agree to:

• Provide accurate and lawful information
• Maintain only one account unless authorized
• Not use the Services for illegal, abusive, or misleading purposes

Monitorctl may suspend or terminate accounts at its sole discretion without refund for violations.

6. Services Provided

Monitorctl provides automated monitoring services, including:

• HTTP(S) and website monitoring
• Keyword monitoring
• Ping monitoring
• Port monitoring
• Heartbeat (cron) monitoring
• Status pages

Paid plans may include enhanced monitoring frequency, increased limits, SMS or voice notifications, custom domains, and SSL certificates.

7. Free Plan – Permitted Use

The Free Plan is strictly for personal, non-commercial use. Commercial use without a paid plan is prohibited and may result in termination.

8. Sponsored Subscriptions

Monitorctl may offer sponsored subscriptions to eligible non-profits, charities, or open-source projects at its discretion.

9. Payments, Billing, and Refunds

Paid Services are billed in advance. Fees are non-refundable except where required by law.

Subscriptions renew automatically unless canceled prior to renewal.

10. Delivery of Services

Services are deemed delivered once access and functionality are enabled.

11. Intellectual Property

All intellectual property rights in the Services are owned by Infocellent or its licensors.

Monitorctl®, logos, and branding elements are trademarks or service marks of Infocellent Technologies Inc. Unauthorized use is prohibited.

12. Advertisements

Monitorctl may display advertisements within the Services unless explicitly excluded by plan terms.

13. Termination

Monitorctl may suspend or terminate access at any time for violations, abuse, fraud, or legal requirements. Termination does not entitle the User to a refund.

14. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MONITORCTL SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.

TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

16. Indemnification

You agree to indemnify and hold harmless Infocellent, Monitorctl, and their officers, directors, employees, and agents from claims arising out of your use of the Services or violation of these Terms.

17. No Resale or Redistribution

You may not resell, sublicense, or commercially exploit the Services without written consent.

18. Affiliate Program

Affiliate participation is subject to additional rules. Payments are made monthly via PayPal and subject to minimum thresholds.

19. Referral Program

Referral rewards are non-monetary, subject to availability, and may be revoked for abuse or fraud.

20. Communications

Email is not guaranteed or secure. Only written confirmations issued by Monitorctl are binding.

21. Data Protection and Privacy

Monitorctl processes personal data in accordance with applicable U.S. privacy laws and, where applicable, the EU General Data Protection Regulation (GDPR).

A Data Processing Agreement (DPA) is available upon request.

The Services are not intended for individuals under sixteen (16) years of age.

22. California Privacy Rights (CCPA / CPRA)

If you are a California resident, you have the right to:

• Know what personal data we collect and why
• Request access to or deletion of personal data
• Correct inaccurate personal data
• Opt out of the sale or sharing of personal data (Monitorctl does not sell personal data)
• Not be discriminated against for exercising privacy rights

Requests may be submitted by emailing support@monitorctl.com.
Identity verification may be required.

23. DMCA / Copyright Policy

Monitorctl respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA).

If you believe content hosted on the Services infringes your copyright, submit a notice including:

• Identification of the copyrighted work
• Identification of the infringing material
• Your contact information
• A good-faith statement
• A statement under penalty of perjury
• Your physical or electronic signature

DMCA notices should be sent to:
Email: support@monitorctl.com
Subject: DMCA Notice

24. Binding Arbitration & Class Action Waiver

Arbitration Agreement

Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration, administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Arbitration shall take place in Delaware, USA, unless otherwise agreed.

Class Action Waiver

YOU AND MONITORCTL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

If this waiver is found unenforceable, the arbitration provision shall be null and void.

25. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles.

26. Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

27. Entire Agreement

These Terms constitute the entire agreement between you and Monitorctl regarding the Services.

Service Provider

Infocellent Technologies Inc.
A Delaware Corporation, USA

Operating under the trademark and brand name Monitorctl®

📧 support@monitorctl.com