Terms of Use

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER "YOU" OR "YOUR") USE OF WEAVEBIT WEB MONITOR SERVICE (HEREINAFTER "WEAVEBIT").

Description of Service

Weavebit currently offers Weavebit Service as both free and paid service. The Service enables you to monitor whether your website is accessible in mainland China, You agree to obtain prior verifiable permission from the owners of such resources that are being monitored using the Service.

Use Weavebit Service

You may pay to use Weavebit Service by completing the registration process at the Weavebit website. Weavebit reserves the right to modify or discontinue, at any time and from time to time, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that Weavebit shall not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of the Service for any reason.

Personal Information and Privacy

Personal information you provide to Weavebit through the Service is governed by Weavebit Privacy Policy and applicable laws related to personal information. Your election to use the Service indicates your acceptance of the terms of the Weavebit Privacy Policy. You are responsible for maintaining the confidentiality of your Account information and other sensitive information. You are responsible for all activities that occur in your Account and you agree to notify Weavebit immediately of any unauthorized Account use at [email protected]. Weavebit is in no way responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Account, or otherwise.

Fees and Payments

When you subscribe to Weavebit's paid Account, you agree to pay for the Weavebit Service in accordance with Weavebit's price schedule. You can pay for Weavebit service either by credit card, Paypal account or by USDT. Please keep your account balance sufficient. You will be responsible for the consequences if the monitoring service is stopped due to arrears.

In the event any tax such as GST, VAT, sales tax or the like is chargeable by Weavebit in accordance with any local, state, provincial or foreign laws with respect to your subscription to our Services ("Taxes"), Weavebit will invoice you for such Taxes. You agree to pay Weavebit such Taxes in addition to the subscription fees. Weavebit shall provide you with an invoice in the format prescribed by the applicable local, state, provincial or foreign laws to help you avail the applicable input tax credit for the Taxes so paid.

Restrictions on use

In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the services; (ii) provide any service based on the services without any prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post any third party link sites including their logo, company name, etc. without their prior written permission; or (v)use the for illegal purposes; vi) allow user licenses to be shared or used by more than one individual other than by way of reassigning the user license to a new user; (vii) except as permitted under applicable law, attempt to disassemble, reverse engineer or decompile the Service; (viii) attempt to gain unauthorized access to the Service or its related systems or network; (ix) use the Service to send or store material containing software viruses, worms or other harmful computer codes, files, scripts or programs; (x) use the Service in any manner that interferes with or disrupts the integrity, security or performance of the Service, its components and the data contained therein; (xi) host, display, upload, modify, publish, transmit, store, update or share any information that belongs to another person or entity and to which you do not have any right, including personal or confidential information of any person or entity with respect to which you do not have consent or permission from such person or entity; (xii) use the Service for transmitting information that is false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; (xiii) violate any applicable local, state, national or international law; (xiv) use the Service for any form of competitive or benchmarking purposes; and (xv) remove or obscure any proprietary or other notices contained in the Service.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. Weavebit EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Weavebit MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF THE SERVICE WILL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM Weavebit, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Weavebit BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF Weavebit HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL Weavebit’S ENTIRE LIABILITY TO YOU IN RESPECT OF THE SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED ONE THOUSAND DOLLARS ($1000) OR THE FEES PAID BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS HIGHER. THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY TO YOU IF YOUR STATE DOES NOT PERMIT SUCH EXCLUSION OR LIMITATION OF LIABILITY.

Indemnification

You agree to indemnify and hold harmless Weavebit, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Service in violation of another party's rights, in violation of any law, in violations of any provisions of these Terms of Service, or any other claim related to your use of the Service.

Termination

You agree that Weavebit may terminate your Account and access to the Service for reasons including, but not be limited to, breaches or violations of these Terms of Service or the Weavebit Privacy Policy, a request by you to terminate your Account, discontinuance or material modification to the Services, unexpected technical issues or problems, extended periods of inactivity and requests by law enforcement or other government agencies. Termination of your Weavebit Account includes termination of access to the Service, deletion of your Account information such as your e-mail ID and Password and deletion of data in your Account as permitted or required by law.

Modification of Terms of Services

Weavebit may modify these Terms of Service upon notice to you at any time. You will be provided notice of any such modification by electronic mail or by publishing the changes on the web page. In the event Weavebit modifies these Terms of Service, you may terminate your use of the Service. Your continued use of the Service after notice of any change to the Terms of Service will be deemed to be your agreement to the amended Terms of Service.

TERMS FOR USE OF Weavebit API

Integration of Weavebit with Third Party Applications using APIs provided by Weavebit requires technical skill. You understand that errors or defects in the integration may cause loss and corruption of data. You must make sure that You use the services of technically skilled persons for the integration. You agree that Weavebit is not liable for any loss and corruption of data caused due to errors or defects in the integration.

You must not try to access any functionality that is not exposed in the documentation for the API. You understand and agree that Weavebit will not be liable for the consequences of accessing or using any unexposed functionality of the API.

API Deprecation

Weavebit, in its discretion, may cease providing the current version of the API either as a result of discontinuation of the API or upgradation of the API to a newer version. In both cases, the current version of the API will stand deprecated and become the deprecated version of the API (hereinafter "Deprecated Version"). When Weavebit decides to deprecate the current version of the API, You will be informed about such deprecation through a service announcement. For a period of six months following announcement of deprecation (hereinafter the "Deprecation Period"), Weavebit will use commercially reasonable efforts to support the Deprecated Version. You understand that Weavebit is not obliged to provide the features of the newer version in the Deprecated Version.

Weavebit in its discretion may cease supporting the Deprecated Version during the Deprecation Period if i) Weavebit is required to do so by law or ii) You have breached any provision of these Terms or the General Terms of Service or iii) Weavebit determines that supporting the API is likely to result in a security risk to Weavebit.

API Usage Limits

Weavebit may prescribe usage limits, including limits on the number of calls, number of records per call, bandwidth usage and frequency of calls. You are required to adhere to the usage limits prescribed by Weavebit in order to avail uninterrupted service. You understand that Weavebit may restrict an activity if You reach the usage limit corresponding to such activity and that an API call may either fail or be partially executed if the usage limits are reached before or during an API call.

Governing Law and Jurisdiction

The governing law and jurisdiction that will apply in case of any dispute or lawsuit arising out of or in connection with this Agreement, will depend on your billing address if you are a paid customer and your state or country of domicile in all other cases. Accordingly, each party agrees to the governing law (without regard to choice or conflicts of law rules) and to the exclusive jurisdiction of the courts mentioned herein in case of any dispute or lawsuit arising out of or in connection with this Agreement.