Terms of Service

These Terms of Service (“Terms”) govern your use of Nines, a hosted uptime-monitoring and status-page service operated by Jeremy Bush, a sole proprietor based in the State of Illinois, United States (“Nines”, “we”, “us”). By creating an account or using the service, you agree to these Terms. If you do not agree, do not use the service.

1. The Service

Nines is a software-as-a-service product that:

• monitors HTTP, TCP, UDP, ICMP, SSL, and heartbeat endpoints you configure;
• records check results, calculates uptime and SLO metrics, and opens incidents when checks fail;
• delivers notifications via email and webhooks;
• publishes optional public status pages for the systems you monitor.

We may add, remove, or change features over time. We will not remove a feature that is core to your paid plan without reasonable notice (see section 11).

2. Your Account

You may sign up as an individual or on behalf of an organisation. By creating an account you confirm:

• the information you provide is accurate;
• you are at least 18 years old, or have the legal capacity to enter into these Terms in your jurisdiction;
• you are responsible for everything that happens under your account;
• you will keep your password and API keys confidential and notify us promptly at [email protected] if you suspect they have been compromised.

One human per account. Sharing a single login between multiple people is not permitted.

3. Acceptable Use

You agree to use Nines only for lawful purposes and in good faith. In particular:

• You may only use Nines to monitor systems you own or have explicit written permission to monitor. Configuring monitors against third-party systems without authorisation may violate computer-fraud laws in your jurisdiction and is grounds for immediate termination.
• You will not attempt to circumvent rate limits, plan limits, authentication, or our SSRF protections.
• You will not use Nines to send spam, harass anyone, distribute malware, or facilitate unauthorised access to any system.
• You will not reverse engineer, scrape, resell, or attempt to extract our source code beyond what is permitted by applicable law.
• You will not upload or transmit content you do not have the right to share, or content that infringes the intellectual-property or privacy rights of others.

We reserve the right to suspend or terminate any account that we reasonably believe is violating this section, without prior notice when the violation is ongoing or causes harm to other users or third parties.

4. Subscription, Billing, and Refunds

4.1 Plans

Nines offers a free tier and paid plans. The features and limits of each plan are described on our pricing page. Paid plans are billed in advance, on a recurring monthly or annual cycle, depending on the plan you choose.

4.2 Payments

All payments are processed by Stripe, Inc. We do not see, store, or process your payment-card details — Stripe handles them under its own terms and PCI-DSS compliance. By subscribing, you also accept Stripe’s terms of service. You authorise us (via Stripe) to charge your chosen payment method on each billing date until you cancel.

4.3 Cancellation

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. You retain access to paid features until that date. We do not pro-rate or refund partial billing periods.

4.4 Refunds

Subscription fees are non-refundable except where required by law. If you believe you have been billed in error, contact [email protected] within 30 days of the charge and we will investigate in good faith.

4.5 Price Changes

We may change subscription prices at any time. We will give you at least 30 days’ advance notice by email before a price change takes effect on your subscription. If you do not accept the new price, you may cancel before it takes effect; otherwise the new price applies on your next renewal.

4.6 Taxes

Prices on our pricing page are exclusive of any applicable sales tax, VAT, or similar transaction taxes, unless stated otherwise. You are responsible for any taxes that apply to your purchase.

5. Service Availability

We work hard to keep Nines available, but we do not commit to a specific uptime percentage in these public Terms. We commit only to using commercially reasonable efforts to keep the service running and to fix problems promptly.

The service may be unavailable from time to time for maintenance, upgrades, or reasons outside our control (provider outages, DDoS, force majeure). A formal service-level agreement, including uptime targets and credits, is available only as part of a separately negotiated enterprise contract.

6. Intellectual Property

6.1 Our IP

The Nines software, website, documentation, brand, and all related intellectual property are owned by us or our licensors. These Terms grant you a limited, revocable, non-exclusive, non-transferable right to use the service during the term of your subscription. They do not grant you any ownership right in our software or trademarks.

6.2 Your Content

You retain ownership of all data you submit to Nines, including monitor configurations, status-page content, logos, and notification messages (“Customer Data”).

You grant us a limited licence to host, copy, transmit, and display your Customer Data only as needed to provide the service to you (for example, to run checks, generate alerts, and render your public status pages). We do not sell your Customer Data, and we do not use it to train machine-learning models.

6.3 Feedback

If you send us suggestions or feedback, you grant us a perpetual, royalty-free licence to use that feedback to improve the service. We are not obliged to keep feedback confidential.

7. Data Processing and Privacy

How we collect and process personal data is described in our Privacy Policy, which is incorporated into these Terms by reference. We process Customer Data on your behalf as described there and, where applicable, under a separate Data Processing Addendum (DPA).

You are responsible for ensuring you have a lawful basis to send us the data you submit, including any end-user email addresses you collect for status page subscriptions.

8. Third-Party Services

Nines depends on third-party providers, including Fly.io (hosting), Stripe (billing), Postmark (transactional email), and Cloudflare (CAPTCHA and analytics). We list these and what data they receive in our Privacy Policy.

We are not responsible for the acts, omissions, or service interruptions of third-party providers, but we will choose providers with reasonable care and will notify you of material changes that affect your data.

9. Termination

9.1 By You

You may stop using Nines and cancel your subscription at any time through your account settings.

9.2 By Us

We may suspend or terminate your account if:

• you materially breach these Terms (including section 3 Acceptable Use);
• your payment method fails and you do not cure the failure within 14 days after we notify you;
• we are required to do so by law or by a competent authority;
• you have not used the free tier for an extended period and we are retiring or discontinuing it (we will give reasonable advance notice).

We will give you reasonable advance notice before terminating an account in good standing for non-billing reasons, where doing so would not harm other users or third parties.

9.3 Effect of Termination

On termination, your right to use the service ends immediately. We may delete your Customer Data after a reasonable retention period. You can request an export of your Customer Data before termination by contacting [email protected]; we will provide it in a structured, machine-readable format where reasonably practicable.

Sections that by their nature should survive termination — including section 6 (Intellectual Property), section 10 (Limitation of Liability), section 11 (Changes), section 12 (Governing Law), and any payment obligations already accrued — will survive.

10. Disclaimers and Limitation of Liability

10.1 Disclaimers

To the maximum extent permitted by law, the service is provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or that monitor results will be perfectly accurate.

You should not rely on Nines as the sole monitor for life-safety, medical, financial-trading, or other systems where a missed alert could cause serious harm. Use independent monitoring as a safety net.

10.2 Liability Cap

To the maximum extent permitted by law, our total cumulative liability arising out of or related to these Terms or the service — whether in contract, tort, or any other theory — is limited to the fees you actually paid us in the twelve (12) months immediately preceding the event giving rise to the claim. For free-tier users, our total liability is limited to one hundred U.S. dollars (USD 100).

10.3 Excluded Damages

To the maximum extent permitted by law, we will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if we have been advised of the possibility of such damages.

10.4 Customer Indemnity

You agree to defend and indemnify us against third-party claims that arise from your Customer Data, your use of the service in breach of these Terms, or your monitoring of systems you do not own or have permission to monitor (see section 3).

11. Changes to These Terms

We may update these Terms from time to time. When we make a material change, we will:

• update the “Last updated” date at the top of this page; and
• notify active account holders by email at least 30 days before the change takes effect.

Non-material changes (typo fixes, formatting, clarifications that do not expand your obligations) take effect immediately on publication.

If you continue to use the service after a material change takes effect, you accept the updated Terms. If you do not accept them, you may cancel your subscription before the effective date.

12. Governing Law and Venue

These Terms are governed by the laws of the State of Illinois, United States, without regard to its conflict-of-laws principles. The federal and state courts located in Cook County, Illinois have exclusive jurisdiction over any dispute arising out of or related to these Terms or the service, and you consent to that jurisdiction and venue.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and any DPA you have signed with us, are the entire agreement between you and us about the service.
• Severability. If any part of these Terms is held unenforceable, the rest stays in effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our consent. We may assign them to a successor in connection with a merger, acquisition, or sale of substantially all of our assets.
• No partnership. Nothing in these Terms creates a partnership, agency, joint venture, or employment relationship between us.

14. Contact

Questions about these Terms? Email [email protected].