Terms of Service for PageLantern

1. The Agreement, the Parties, and Acceptance

These Terms, together with the documents incorporated into them and any order or plan selection you complete, are the entire agreement between you and PageLantern about the Service. They replace any prior version of our terms and any prior understanding, proposal, demonstration or representation about the Service.

Where the documents conflict, the order of precedence is: (a) a written order form or enterprise agreement signed by both parties; (b) these Terms; (c) the Data Processing Terms (which prevail over these Terms only as to the processing of personal data); (d) the Refund and Cancellation Policy and the Service Level Statement; (e) the Acceptable Use Policy; and (f) the product documentation.

Any additional or conflicting terms you send us — in a purchase order, a vendor portal, a supplier questionnaire, an email, or a click-through of your own — have no effect and are void, even if we acknowledge or sign a document containing them, unless we agree to them in a writing that identifies these Terms and says expressly that it changes them.

We record your acceptance, including the account, the date and time, and the version identifier of each document accepted. The version of these Terms is stated in the sidebar of this page.

2. Accounts, Organizations, and Users

You must be at least 16 years old and legally able to enter into a contract to use the Service. The Service is designed primarily for business and professional use, but we also offer it to individuals monitoring their own personal sites and side projects. If you are using it as a consumer, Section 27 excludes you from arbitration and from the class-action and jury waivers, and nothing in these Terms takes away a right your local consumer law gives you.

A PageLantern account belongs to an organization (a workspace). The account owner controls the workspace and may invite other users, assign roles, and remove access. You are responsible for everything that happens in your workspace, including the acts and omissions of everyone you invite, and for making sure each of them complies with these Terms. Users you invite accept these Terms when they accept the invitation.

You must keep your account email address current and accurate. We send operational, billing, security and legal notices to the addresses on the account, and you cannot opt out of those messages while the account is open. If a notice fails because your address is out of date, it is still effective when we send it.

You are responsible for maintaining the confidentiality of your credentials, API keys, integration secrets, webhook URLs and heartbeat tokens, and for all activity conducted with them. Actions taken with your credentials or keys are treated as authorized by you until you revoke them or tell us in writing that they are compromised. Notify us promptly at security@pagelantern.com if you believe any credential, key or destination has been compromised, and rotate it. We strongly recommend enabling multi-factor authentication on every account with administrative rights.

3. Authorized Monitoring — Your Representation and Warranty

This is the most important obligation in these Terms. PageLantern sends requests to the targets you choose, from our infrastructure and our network addresses. When you configure a monitor, we act on your instruction, and the traffic that reaches your target is traffic you caused.

You represent and warrant, on a continuing basis and separately for every target you configure, that: (a) you own or control that target, or you have obtained prior, documented and verifiable authorization to monitor it from a person entitled to grant it; (b) your configuration — including check frequency, concurrency, request method, headers, request bodies, payloads, assertions, authentication and browser scripts — is within the scope of that authorization; and (c) any credentials, tokens, API keys or authentication profiles you supply for a check are yours to supply and may lawfully be used for that purpose.

Monitoring a system you are not authorized to monitor may violate computer-access laws, including the U.S. Computer Fraud and Abuse Act (18 U.S.C. § 1030) and analogous state statutes, the UK Computer Misuse Act 1990, and equivalent laws elsewhere. It may also breach your contract with the target's operator, the target's own terms of use, and the acceptable-use policies of the infrastructure providers hosting it, including Amazon Web Services, Microsoft Azure, Google Cloud and Cloudflare, with which you must also comply.

You must keep records of your authorization for as long as you monitor the target and for two years afterwards, and provide them to us within five business days of a written request.

We may throttle, pause, disable or delete any monitor, and suspend any account, where we reasonably believe authorization is absent or exceeded, or that a configuration is abusive, unlawful, or a threat to the security or availability of any system. We may require proof of authorization as a condition of restoring it. We will notify the account owner promptly after taking such action and will tell you what we need in order to restore the monitor. If we terminate an account for suspected unauthorized monitoring and you subsequently substantiate your authorization, we will refund prepaid fees for the unused remainder of the then-current billing period.

We do not verify authorization before running a check, and we do not warrant that any monitoring you configure is lawful or permitted. That determination is yours. Section 21 (Indemnification) applies to claims arising from a breach of this Section.

4. Your Content and the Licence You Grant Us

"Customer Content" means everything you or your users submit to, configure in, or cause the Service to generate on your behalf: monitor configurations, URLs, hosts, request methods, headers, request bodies, environment variables, assertions, browser scripts, authentication profiles, heartbeat tokens, alert destinations, webhook URLs, integration settings, incident and report text, status-page configuration, branding, logos and subscriber lists, and the probe results, screenshots, HAR captures and console logs generated from the targets you specify.

As between you and us, you retain all right, title and interest in Customer Content. You represent and warrant that you own or are licensed to use all of it — including every logo, mark, name and other material you publish on a status page — and that our processing and publication of it as you configure will not infringe or misappropriate anyone's rights.

You grant PageLantern a worldwide, non-exclusive, royalty-free licence, for the term of your account, to host, store, cache, back up, process, reproduce, transmit, and adapt for formatting and display, and — for content you designate for publication on a status page or send through a notification channel — publicly display and distribute Customer Content, in each case solely to: (a) provide, maintain, secure and support the Service; (b) publish your status pages and deliver your notifications as you configure them; and (c) investigate suspected abuse or violation of these Terms or the Acceptable Use Policy. This licence continues after your account ends only as necessary to complete deletion under Section 18, to the extent content has already been transmitted to destinations you configured, and for records we must keep for tax, accounting, security and legal-defence purposes.

We may sublicense these rights only to sub-processors acting on our behalf to provide the Service, as described in our Privacy Notice and Sub-Processors page. We will not use Customer Content for our own marketing or commercial purposes without your consent.

5. Prohibited Data

The Service is not designed or offered for regulated or specially protected categories of data. You must not submit to the Service, or configure a check that captures, any of the following ("Prohibited Data"):

• Special categories of personal data and criminal-offence data under the GDPR or UK GDPR (Articles 9 and 10).
• Protected health information subject to the U.S. Health Insurance Portability and Accountability Act (HIPAA).
• Cardholder data or sensitive authentication data as defined by the PCI Data Security Standard.
• Non-public personal information subject to the Gramm-Leach-Bliley Act.
• Government-issued identification numbers, biometric identifiers, or precise geolocation of individuals.
• Personal data of children subject to COPPA or Article 8 of the GDPR.
• Credentials, private keys and access tokens, other than credentials you deliberately supply so that a check can authenticate to your own target.

Browser checks capture screenshots, HTTP archive (HAR) records and console output of the pages and responses they exercise, and response-body excerpts are stored for other check types. It is your responsibility to make sure the flows and targets you configure do not cause Prohibited Data to be captured. Configure checks against test environments or non-sensitive endpoints wherever possible.

PageLantern does not enter into Business Associate Agreements and the Service is not offered for use with protected health information. We have no liability arising from Prohibited Data submitted to or captured by the Service, and Section 21 (Indemnification) applies to claims arising from it. We may delete Prohibited Data on discovery, without notice and without liability.

6. How the Service Works and What It Does Not Guarantee

Please read this section. It describes real and known limits of monitoring, and it is the basis on which the Service is offered to you.

Monitoring produces evidence of what our probes observed from our vantage points at a point in time. It is not, and cannot be, an authoritative statement about the actual state of your systems. Specifically:

• We do not guarantee that we will detect, or detect within any particular time, every outage, error, certificate or domain expiry, DNS change, content change, performance degradation or other condition affecting your targets.
• We may report a target as failing when it is in fact healthy. Causes include network conditions between our probes and your target, DNS resolution behaviour, rate limiting, bot protection, geographic routing, and your own security controls treating our probes as unwanted traffic.
• Checks execute from a limited number of network vantage points, which may change. A result reflects reachability from those vantage points at that moment and is not a statement about global availability or about availability from your users' networks.
• Results are materially accurate only where a monitor is configured in accordance with our documentation. Configuring intervals, timeouts, assertions, expected content, headers, authentication or retry behaviour incorrectly is your responsibility and defeats any expectation of accuracy.
• DNS, WHOIS and RDAP, registry and certificate-transparency data are sourced from third parties and may be stale, cached, rate-limited or wrong. Certificate and domain expiry warnings are informational.
• Browser checks are best-effort. Screenshots, HAR captures and console logs may be partial, may omit or mis-render dynamic content, and are not a forensic record.
• Monitoring records are retained for the periods described in our Privacy Notice and by your plan. We have no obligation to preserve them beyond those periods except where a legal hold applies.

You remain responsible for your own backups, independent verification, incident response, and for any business, operational, security or safety decision you make. The Service is an operational tool, not a fail-safe, high-availability, safety-critical or emergency-response system. You must not rely on PageLantern as the sole means of detecting a condition where failing to detect it would cause material harm, and you must not use it where the failure, delay or inaccuracy of monitoring data could lead to death, personal injury, or severe environmental or property damage.

7. Notifications and the Delivery Chain

PageLantern sends alerts, incident updates, summaries, reports and lifecycle messages to the destinations you configure, which may include email, SMS, Slack, Microsoft Teams, Discord, PagerDuty and webhook endpoints.

PageLantern SMS Alerts is a recurring automated transactional messaging program for monitor downtime and recovery, incident status, and SSL certificate or domain expiration. By selecting the separate SMS consent box, you confirm that you are the subscriber for the number provided or have that subscriber's prior express permission to receive recurring automated transactional SMS alerts from PageLantern about monitor downtime and recovery, incident status, and SSL certificate or domain expiration. Consent to SMS is not a condition of purchasing or using PageLantern.

Message frequency varies based on monitor events. Message and data rates may apply. Reply STOP to unsubscribe at any time. Reply HELP or email support@pagelantern.com for assistance. Carriers are not liable for delayed or undelivered messages. A workspace can also stop future messages by disabling or deleting the SMS integration. Our Privacy Notice explains how we handle mobile information, and our SMS consent and message-flow page publicly depicts the opt-in control.

Our responsibility for a notification ends when the notification is accepted by the applicable delivery provider — your email provider, the SMS carrier, Slack, Microsoft Teams, Discord, PagerDuty, or the endpoint you configure for a webhook. We are not responsible for delivery, ordering, timing, retention, formatting or display by that provider or by any downstream system, spam filter, mail rule, firewall, carrier or device.

We do not warrant deliverability. Email is subject to shared sending infrastructure, reputation-based blocking, greylisting and the SPF, DKIM and DMARC configuration on the receiving side; SMS is subject to carrier filtering, throughput limits and regional availability. We recommend that you configure at least two independent channel types for anything you rely on, and that you test them regularly.

We have no liability for a notification that is not delivered, is delayed, or is delivered to the wrong place, where the cause is: your configuration departing from our documentation; a stale or incorrect destination address, phone number, webhook URL, channel identifier, integration key or on-call routing rule; your own filtering, suppression or blocking; or an act or omission of a delivery provider or carrier.

SMS notifications are metered and included in some plans in limited monthly allowances. If you configure a number for someone else, you represent that you obtained and retain that subscriber's prior express consent before checking the SMS consent box. You must keep numbers current, honour recipient choices, and comply with the Telephone Consumer Protection Act, CTIA messaging principles, carrier requirements and equivalent laws where recipients are located. We may suspend SMS delivery for an account on carrier complaint, on an elevated opt-out or error rate, or where required by a carrier or regulator. SMS delivery is expressly excluded from any statement we make about availability.

8. Public Status Pages and Subscribers

Status page configuration, branding, incident text, updates and history are Customer Content, and you are the publisher of everything that appears on your status page. Status page subscribers are your users, not ours. You are the sender of, and responsible for, every communication sent to them through the Service, including compliance with CAN-SPAM, the GDPR and UK GDPR, PECR, CASL and equivalent laws.

You represent and warrant that you are authorized to publish about each service named on your status page, that you own or are licensed for every mark and logo you use, that you do not impersonate any person or organization, and that your statements are accurate and not misleading or defamatory.

You must not import purchased, harvested, scraped or otherwise non-consenting subscriber lists. Our sending infrastructure and domain reputation are shared across all customers, so one non-consenting list degrades deliverability for everyone. We may suspend sending for a status page, remove subscribers, or unpublish a page, where complaint rates, bounce rates or abuse reports warrant it.

Status-page email we send on your behalf includes a one-click unsubscribe link and the corresponding List-Unsubscribe headers. You must not disable, obscure or work around them, and you must promptly honour any unsubscribe request you receive directly.

We may unpublish or remove any status page, page content or subscriber list, without prior notice, where we reasonably believe it is unlawful, infringing, deceptive, impersonating, or in breach of these Terms or the Acceptable Use Policy. Where we do, we will tell the account owner what we removed and why, and how to contest it. Section 21 (Indemnification) applies to claims arising from your published content and your subscriber communications.

Status pages published on a free plan may display a PageLantern attribution mark, which you must not remove or alter.

9. Acceptable Use and Restrictions

Your use of the Service is governed by our Acceptable Use Policy, which is part of these Terms. In addition, you must not, and must not permit anyone else to:

• Reverse engineer, decompile or disassemble the Service, or attempt to derive its source code, algorithms or non-public interfaces, except to the extent this restriction is prohibited by applicable law.
• Use our non-public documentation, pricing, security details or roadmap — the Confidential Information described in Section 15 — to build or assist in building a competing monitoring service. Nothing in these Terms restricts what you may build using your own knowledge, publicly available information, or the published interfaces of the Service.
• Use the Service to monitor, scan, load-test or probe PageLantern's own infrastructure, except for good-faith security research conducted under our Security Policy and Vulnerability Disclosure Policy, which authorizes that testing on the terms it states.
• Resell, sublicense, white-label or provide the Service to third parties as a service, without a written reseller agreement with us.
• Circumvent or attempt to circumvent rate limits, plan limits, quotas, entitlements or technical guardrails, including by operating multiple accounts in coordination.
• Remove or obscure any proprietary notice, or scrape the Service or its API outside the documented interface.

You are free to publish benchmarks, reviews, performance comparisons and evaluations of the Service. We ask only that you tell us first so we can check the facts and, where we disagree, say so publicly alongside you. We will not treat an unfavourable comparison as a breach of these Terms or as a reason to change or end your service.

Plan quotas, rate limits and technical limits are described in our documentation and pricing page and are part of these Terms. We may relax them at any time with immediate effect. We will give at least 30 days' notice before a change that materially reduces the limits applying to your paid plan during a period you have already paid for, and you may cancel before it takes effect.

10. Plans, Fees, Renewal, Taxes, and Non-Payment

Paid plans are sold as monthly or annual subscriptions at the prices shown on our pricing page when you subscribe. Payment is processed by Stripe under Stripe's own terms; we do not receive or store your full card number.

Your subscription renews automatically at the end of each billing period, for a further period of the same length and at the then-current price for your plan, until you cancel. Before you subscribe, the checkout screen states the recurring amount, the billing frequency, the fact that it renews automatically until cancelled, and how to cancel; you accept those terms as part of the purchase. For subscriptions that renew for a year or more, we email you a reminder before each renewal with the amount, the renewal date, and a link to cancel.

You may cancel at any time from the billing screen in your account, without contacting us. Cancellation takes effect at the end of the current billing period; your plan continues until then and does not renew. Fees already paid are non-refundable, including where you cancel part-way through a period, notwithstanding any subsequent request for termination — except as set out in our Refund and Cancellation Policy, which also covers plan changes and proration, failed payments and chargebacks, and which grants withdrawal and refund rights we do provide.

Fees are exclusive of taxes. You are responsible for all sales, use, value-added, goods-and-services and similar taxes on your subscription, other than taxes on our income. If you are required to withhold any amount from a payment, you will gross up the payment so that we receive the full amount stated.

We may change our prices. We will give you at least 30 days' notice by email before a price change takes effect for you, and the change applies from the start of your next billing period. Your remedy if you do not accept a price change is to cancel before it takes effect. Renewals are charged at the then-current price for your plan regardless of any discount applied to a prior period, unless we have agreed otherwise in writing.

If a payment fails or an amount is overdue, we may suspend your paid features 10 days after the amount falls due, and charge interest on the overdue amount at 1.5% per month or the maximum permitted by law, whichever is lower, together with our reasonable costs of collection including attorneys' fees. Your data is retained during suspension in accordance with Section 18.

If you believe a charge is wrong, please email billing@pagelantern.com first. Where we charged you in error we refund it in full without argument, and that is faster than a chargeback. Nothing in these Terms limits any right you have to dispute a charge with your bank, card issuer or payment provider, and we will not treat the exercise of that right as a breach. We may suspend or terminate an account, and recover the disputed amount together with any fees our payment processor charges us, where a dispute is fraudulent or is raised in bad faith.

11. Free Plans, Trials, and Beta Features

The Free plan, any trial, and any feature we identify as alpha, beta, preview, early access or experimental (together, "No-Charge Features") are provided as is, with no warranty of any kind, no support commitment, and no availability commitment. Beta features may be incomplete, may change, and may be withdrawn at any time.

Our total aggregate liability for all claims relating to No-Charge Features is US $100, notwithstanding any other provision of these Terms.

We may modify, suspend or discontinue a No-Charge Feature, or terminate an individual account's access to one: immediately, where you breach these Terms or the Acceptable Use Policy, or where your use threatens the security, integrity or capacity of the Service; and otherwise at our discretion — including where we discontinue the feature generally — on at least 30 days' notice by email so that you can export your data first.

Free plan accounts stay active while a member signs in at least once every 45 days. We email reminders after 30, 40 and 44 days without a sign-in. If no member signs in for 45 consecutive days, monitoring and notifications for that account are paused. Any sign-in resumes monitoring immediately and restarts the period. The pause itself does not delete Customer Content. We may, however, terminate a Free plan account under this Section 11 or Section 17 — including for convenience on 30 days' notice, for example where an account remains inactive for an extended period or where we need to reclaim capacity — and Section 18 then governs export and deletion. This section does not apply to a paid plan while fees are current.

12. Service Levels

PageLantern does not offer a service level agreement, an uptime guarantee, or service credits. We operate the Service with reasonable care and publish our own status information, but we make no commitment as to availability, and no availability target, uptime figure, response time or alert-latency number stated anywhere — including on our website, in our documentation, in a comparison page, or in marketing material — forms part of these Terms or creates a remedy.

Our full position, including what we do commit to and what would have to change before we offered a contractual service level, is set out in our Service Level Statement.

We may modify, add to or discontinue features of the Service. Where we discontinue a material feature of a paid plan during a period you have paid for, we will give at least 30 days' notice, and you may cancel and receive a pro-rata refund of prepaid fees for the unused remainder of that period.

13. Third-Party Services and Integrations

The Service connects to third-party services you choose, including Slack, Microsoft Teams, Discord, PagerDuty, generic webhook endpoints, identity providers you sign in with, and Stripe for payment. Those services are not controlled by us.

Your use of each third-party service is governed by that provider's own terms, and you authorize us to transmit your content to the destinations you configure. We are not responsible for a third-party service's security, availability, functionality, changes, deprecations, inoperability, or for what its provider does with content you direct us to send there.

We do not warrant that any integration will continue to be available or to interoperate, and we may add, change, suspend or remove an integration at any time without liability. Where we remove an integration that is material to a paid plan, Section 12 applies.

14. Data Protection and Aggregated Data

Where we process personal data on your behalf as part of the Service, we do so as your processor (or service provider) under our Data Processing Terms, which are incorporated into these Terms and take effect automatically when you accept them — no signature or separate request is required. Those terms include the content required by Article 28(3) of the GDPR and UK GDPR, the Standard Contractual Clauses and UK Addendum for international transfers, and CCPA/CPRA service-provider commitments. Our Privacy Notice explains what we process as a controller in our own right, and our Sub-Processors page names the providers we use.

You are the controller for the personal data you configure into the Service or cause it to capture. You are responsible for having a lawful basis for it, for giving any notice individuals are entitled to, and for the instructions you give us through your configuration.

We may create and use aggregated and de-identified data derived from operation of the Service — including monitoring results, response times, error rates and usage statistics — to operate, secure, troubleshoot and improve the Service, and to produce statistical research and industry benchmarks. We will de-identify by methods reasonably designed to make re-identification of you, your users or your targets technically infeasible; we will not attempt to re-identify it; we will require recipients not to attempt re-identification; and we will not disclose it in a form that identifies you or your targets. Consistent with our Privacy Notice, we do not sell personal information and we do not use Customer Content to train or develop machine-learning models. This right survives termination.

15. Confidentiality

Each party may receive information of the other that is marked confidential or that a reasonable person would understand to be confidential from its nature or the circumstances of disclosure ("Confidential Information"). Your Customer Content, and your infrastructure topology, internal hostnames and authentication material, are your Confidential Information. Our non-public documentation, pricing, security details and product roadmap are ours.

Each party will protect the other's Confidential Information with at least the same care it uses for its own, and never less than reasonable care, and will use it only to perform under these Terms. Confidential Information does not include information that is or becomes public without breach, was already known to the recipient without a duty of confidence, is received from a third party free to disclose it, or is independently developed without use of the other's Confidential Information.

A party may disclose Confidential Information where compelled by law or legal process, provided it gives the other prompt notice where legally permitted and reasonably cooperates in any effort to limit the disclosure.

These obligations last for the term of the agreement and three years afterwards, and for so long as information remains a trade secret.

16. Security and Credentials

We maintain technical and organizational measures designed to protect the Service and the data in it. Those measures are described, accurately rather than aspirationally, on our Security page and in our Privacy Notice, and they include the specific limits stated there. The credential-bearing monitor-configuration fields you fill in — request headers and their values, request bodies, environment variables, API step definitions, browser scripts and alert webhook URLs — are encrypted at rest with AES-256-GCM on every plan. Heartbeat tokens are the exception: they are stored unencrypted because an inbound ping is matched by token value, so treat a heartbeat URL as a bearer secret and rotate it if it is exposed. We do not provide transparent, database-wide encryption at rest.

No method of transmission or storage is completely secure and we do not warrant absolute security.

You must protect, and promptly rotate, any credential you supply to the Service, and must tell us at security@pagelantern.com as soon as you suspect a compromise. We will notify affected account owners without undue delay after confirming a compromise of authentication material we hold. Notification of personal data breaches is governed by the Data Processing Terms.

Good-faith security research on our own systems is welcome and is governed by our Security Policy and Vulnerability Disclosure Policy, which provides a safe harbour on the terms it states.

17. Suspension and Termination

You may stop using the Service at any time, and may cancel a paid subscription as described in Section 10.

We may suspend or limit access to the Service, or to part of it, immediately and without prior notice, where we reasonably believe it is necessary to protect the Service, another customer, a third party or ourselves — including for suspected unauthorized monitoring, abuse, unlawful activity, a security or capacity threat, or a legal or regulatory requirement. Where we suspend without prior notice, we will notify the account owner promptly afterwards, tell you the reason so far as we lawfully can, and tell you what we need in order to lift it. We will restore access promptly once the cause is resolved.

We may terminate these Terms and your account: (a) on 30 days' notice for convenience, in which case we will refund prepaid fees for the unused remainder of the then-current period; (b) immediately, for a material breach that you do not cure within 10 days of notice; or (c) immediately and without a cure period, for a breach of Section 3 (Authorized Monitoring), Section 5 (Prohibited Data), or the Acceptable Use Policy, or where required by law.

You may terminate these Terms immediately if we materially breach them and do not cure within 30 days of your written notice, in which case we will refund prepaid fees for the unused remainder of the then-current period. That refund is your exclusive remedy for termination under this paragraph and remains subject to Section 20.

18. Effect of Termination; Export and Deletion

On termination or expiry of your account: access to the Service ends and any public status pages are unpublished immediately; for 30 days afterwards you may sign in to export your monitoring data, incident history and configuration through the interface and the API; after that period we delete Customer Content from active systems within 30 days and from backups within 90 days; and status-page subscriber lists are deleted with the account.

You can only export data that still exists. Retention periods continue to apply during the export window — browser-check artifacts are retained for approximately 14 days from capture, and probe history is limited by your plan — so some data will already have been deleted in the ordinary course. Exporting is your responsibility. We do not guarantee that data will be exportable or restorable after the export window and we have no obligation to recover deleted data.

Where we terminate for a breach of Section 3, Section 5 or the Acceptable Use Policy, we may delete Customer Content immediately with no export window.

We may retain records we need for tax, accounting, security and legal-defence purposes, and aggregated or de-identified data as permitted by Section 14. We may suspend scheduled deletion of any data we reasonably believe is subject to a legal hold or preservation obligation.

Sections 1, 3, 4, 5, 6, 9, 10, 13, 14, 15, 18, 19, 20, 21, 22, 23, 24, 26, 27 and 28 survive termination, together with any other provision that by its nature should survive.

19. Disclaimer of Warranties

To the maximum extent permitted by law, the Service is provided "as is" and "as available," and PageLantern and its licensors and suppliers disclaim all warranties of any kind, whether express, implied, statutory or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from a course of dealing or usage of trade.

Without limiting that disclaimer, and consistent with Section 6, we do not warrant that the Service will be uninterrupted, timely, secure or error-free; that it will detect any particular condition or detect it within any particular time; that its results will be accurate, complete or free of false positives; that any notification will be delivered; that defects will be corrected; or that the Service will meet your requirements or comply with any law that applies to you.

No advice or information, whether oral or written, obtained from us or through the Service creates any warranty not expressly stated in these Terms.

20. Limitation of Liability

To the maximum extent permitted by law, and regardless of the form of action — whether in contract, tort (including negligence), strict liability, statute, indemnity, or otherwise, and even if we have been advised of the possibility of the loss:

• Neither party will be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, goodwill, business opportunity, anticipated savings, data, or the cost of substitute services.
• PageLantern will not be liable for any indirect or consequential loss arising from a failure to detect a condition, a delay in detecting it, an incorrect report of one, or the non-delivery or delayed delivery of a notification. Direct loss from those causes remains subject to the aggregate cap below.
• PageLantern's total aggregate liability for all claims arising out of or relating to these Terms or the Service will not exceed the fees you paid to us in the twelve months preceding the first event giving rise to the liability, or US $100 if you have paid us nothing.
• Our total aggregate liability for all claims relating to No-Charge Features is US $100, as stated in Section 11.
• These limits and exclusions apply to PageLantern and to its members, managers, employees, contractors, agents, licensors and suppliers, each of whom may rely on and enforce this Section.
• Claims arising under the Data Processing Terms are subject to this Section, as an allocation of risk between you and us. This does not limit any right an individual has directly against either party under data-protection law.

These limits apply notwithstanding the failure of the essential purpose of any limited remedy. You and we agree that the fees for the Service reflect this allocation of risk, and that PageLantern would not provide the Service on these terms without it.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence, or for wilful misconduct or gross negligence. Nothing in this Section limits PageLantern's liability for its own fraud, its own wilful misconduct, or its breach of Section 15 (Confidentiality).

If you are a consumer under the law of your country of residence, you keep any mandatory rights that law gives you — including any right to bring proceedings there — and these Terms apply only so far as that law permits.

21. Indemnification

You will defend, indemnify and hold harmless PageLantern and its members, managers, employees, contractors, agents, licensors and suppliers from and against any claim, demand, investigation or proceeding, whether or not well-founded, that arises out of or is alleged to arise out of: your targets and monitoring activity; your breach of Section 3 (Authorized Monitoring), Section 5 (Prohibited Data), Section 8 (Public Status Pages and Subscribers), Section 9 (Acceptable Use and Restrictions) or Section 24 (Export Control and Sanctions); Customer Content; the destinations and recipients you configure; your status-page content and subscriber communications; or your violation of law or of the rights of a third party. This includes any claim by the operator of a target, by an upstream or infrastructure provider, or by a law-enforcement or regulatory authority. You will pay the resulting losses, liabilities, penalties, fines, damages, costs and expenses, including reasonable attorneys' fees.

We will give you prompt written notice of a claim and reasonable cooperation at your expense, and you will assume the defence with counsel reasonably acceptable to us. You may not settle a claim in a way that admits fault by, imposes any obligation on, or restricts, PageLantern without our prior written consent. We may participate with our own counsel at our own expense.

We may instead control the defence, at your expense, where the claim seeks injunctive or other equitable relief against us, alleges criminal conduct or a regulatory violation, or where you have not assumed the defence within 15 days of notice. We may require reasonable security for defence costs and may set them off against fees or credits owed to you.

Your obligations under this Section are not subject to the limitation of liability in Section 20.

Our indemnity to you. We will defend you against any third-party claim that the Service, as we provide it and when used in accordance with these Terms, infringes that third party's patent, copyright, trademark or trade secret, and we will pay the damages finally awarded or the settlement we agree. This is our only indemnity and it is subject to the aggregate cap in Section 20. It does not apply to a claim arising from Customer Content, from the targets or destinations you configure, from your combination of the Service with anything we did not supply, from your use of the Service in breach of these Terms, or from a version or configuration we asked you to stop using. To rely on it, tell us promptly, let us control the defence, and give us reasonable cooperation at our expense. If a claim is made or we reasonably believe one will be, we may procure the right for you to continue, modify the Service so it is non-infringing, or terminate the affected part and refund prepaid fees for the unused remainder of the period; those are your exclusive remedies for infringement.

22. No Reliance on Statements Outside These Terms

You represent that in deciding to use the Service you have not relied on any statement, representation, warranty, demonstration, benchmark, roadmap, documentation, comparison or marketing material other than the express terms of this agreement.

Nothing in this Section limits liability for fraudulent misrepresentation, and nothing in it affects any right you have as a consumer under mandatory law.

23. Legal Process and Records

If we receive a subpoena, discovery request, preservation demand, regulatory inquiry or other legal process relating to your account, your targets, or your use of the Service, we will notify you where we are lawfully permitted to do so, so that you can seek protective relief.

Unless we are a party adverse to you in the matter, you will reimburse our reasonable costs of responding, including staff time at our then-standard rate and outside counsel fees. We may suspend deletion of relevant data while a hold or preservation obligation applies.

24. Export Control and Sanctions

You represent that you are not, and are not owned or controlled by or acting on behalf of, a person subject to economic sanctions administered by the United States, the European Union, the United Kingdom or the United Nations, and that you are not located in a jurisdiction subject to comprehensive sanctions or a US embargo.

You will comply with all applicable export control, sanctions, and anti-corruption laws, and you will not use the Service, or permit its use, in violation of them. We may suspend or terminate access where we reasonably believe it is necessary to comply with those laws.

25. U.S. Government Users

The Service is a "commercial product" and "commercial computer software" as those terms are used in 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation." It is licensed to U.S. Government end users only with the rights granted to all other end users under these Terms, in accordance with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4.

26. Changes to These Terms

We may change these Terms. When we do, we will post the revised Terms with a new version number and effective date, and for a material change we will give at least 30 days' notice by email to account owners and in the product.

A change takes effect: for monthly plans, on the first day of the billing period beginning at least 30 days after notice; for annual plans, on your next renewal; and for free plans, 30 days after notice. A change required for legal compliance or to address a security issue may take effect immediately on notice.

If you do not accept a material change, your remedy is to stop using the Service and cancel before it takes effect; for an annual plan you may cancel and receive a pro-rata refund of prepaid fees for the unused remainder of the period. We may ask you to accept a materially revised version at your next sign-in.

Changes apply prospectively only. We will not apply a change retroactively, and we will not use this Section to change the terms governing a dispute that has already arisen.

27. Governing Law, Arbitration, and Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. It affects how disputes between you and PageLantern are resolved. It requires most disputes to be resolved by individual arbitration rather than in court, it waives your right to participate in a class action, and it waives your right to a trial by jury. You may opt out of arbitration and the class-action waiver within 30 days, as described below.

Consumers are excluded from arbitration. We market PageLantern to individuals running personal sites and side projects as well as to businesses, so we do not ask consumers to give up their day in court. If you are a consumer — an individual using the Service primarily outside your trade, business, craft or profession — then the arbitration agreement, the class-action waiver and the jury-trial waiver in this Section do not apply to you at all. Your disputes are governed by the "Court proceedings" and "Consumers" paragraphs below, you keep every right your home law gives you, including the right to bring proceedings in the courts of your country of residence, and you keep any right to participate in a collective or representative action that law provides. The rest of this Section, and Sections 19, 20 and 21, continue to apply so far as your law permits.

Governing law. These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Texas, excluding its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.

Informal resolution first. Before starting an arbitration or a court proceeding, you and we will try to resolve the dispute informally. The party raising it will send a written notice of dispute — to legal@pagelantern.com if you are raising it, or to your account email address if we are — describing the dispute and the relief sought. Neither party may begin a formal proceeding for 60 days after that notice, and any limitation period is paused for that time.

Binding individual arbitration (business customers only — see the consumer exclusion above). This arbitration agreement evidences a transaction involving interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., which governs its interpretation and enforcement notwithstanding the choice of state law above. If the dispute is not resolved within 60 days, it will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Travis County, Texas, in English. The arbitrator decides all issues except that a court decides whether the class-action waiver below is enforceable. Judgment on the award may be entered in any court of competent jurisdiction. Each party bears its own attorneys' fees except where a statute or the arbitrator's award provides otherwise.

Class-action waiver. You and PageLantern each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of representative proceeding. If this waiver is held unenforceable as to a particular claim, that claim — and only that claim — must proceed in court under the venue provision below, and the remainder of this Section stays in force.

How to opt out of arbitration. You may opt out of arbitration and the class-action waiver by emailing legal@pagelantern.com with the subject line "Arbitration Opt-Out," from the address on your account, within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms, and we will not treat it as a reason to change or end your service.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property, confidential information, or the security or integrity of the Service.

Court proceedings. For any dispute not subject to arbitration, the exclusive venue is the state and federal courts located in Travis County, Texas. Both parties consent to personal jurisdiction there and waive any objection to venue and any argument of forum non conveniens. To the fullest extent permitted by law, each party irrevocably waives any right to trial by jury.

Time limit for claims. Any claim arising out of or relating to these Terms or the Service must be brought within two (2) years after the cause of action accrues, except where a shorter period is prohibited by applicable law, in which case the shortest period the law permits applies. A claim about monitoring accuracy or notification delivery must additionally be notified to us within 30 days of the event, while the relevant logs still exist.

Consumers. If you are a consumer under the law of your country of residence, nothing in this Section deprives you of the protection of mandatory provisions of that law or of any right to bring proceedings in the courts of your country of residence.

28. General

Severability. If a provision of these Terms is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable and to give effect to the parties' intent, and the rest of the Terms remain in full force.

Assignment. You may not assign or transfer these Terms without our prior written consent, which we will not unreasonably withhold. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, or to an affiliate. Any attempted assignment in breach of this paragraph is void.

Third parties. Except as expressly stated, these Terms do not create any right in any third party, and no non-party may enforce them. The exception is that PageLantern's members, managers, employees, contractors, agents, licensors and suppliers are intended third-party beneficiaries of, and may enforce and rely on, Sections 19, 20 and 21, including under the Contracts (Rights of Third Parties) Act 1999 where that Act applies.

Force majeure. Neither party is liable for a delay or failure to perform caused by circumstances beyond its reasonable control, including internet, DNS, BGP, cloud-provider, carrier or utility failures, denial-of-service and other cyberattacks, natural disaster, epidemic or pandemic, labour disruption, war, and government action. This does not excuse an obligation to pay. The affected party will use reasonable efforts to mitigate and will resume performance as soon as practicable.

Notices. Notices to us must be in writing to legal@pagelantern.com and to PO Box 340351, Lakeway, TX 78734. Notices to you are given by email to the addresses on your account and by in-product notice, and are effective when sent.

Electronic communications. You consent to receive communications from us electronically, and you agree that electronic records and signatures satisfy any legal requirement that a communication be in writing or signed.

Publicity. We will not use your name or logo to identify you as a customer, and will not publish a case study, quotation or press release about you, without asking you first and getting your agreement. If you agree and later change your mind, tell us at legal@pagelantern.com and we will stop within 30 days.

Feedback. If you send us ideas, suggestions or feature requests, you grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use and incorporate them, without obligation, attribution or compensation. This does not apply to Customer Content.

Relationship, waiver, headings, language. The parties are independent contractors and these Terms create no partnership, agency, employment or joint venture. A failure to enforce a provision is not a waiver of it. Headings are for convenience only. The English-language version of these Terms controls.