Terms and Conditions for SiteVitals

1. About Us

SiteVitals is operated by 18a Productions Limited, a company registered in the United Kingdom. Our registered office is at 1 Cornhill, Ilminster TA19 0AD. You can contact us at [email protected].

2. The Service

SiteVitals provides tools that allow businesses to:

1. Monitor website uptime and performance.
2. Scan for security vulnerabilities and SSL issues.
3. Track essential technical SEO metrics, including broken pages, metadata, indexing, and Core Web Vitals.
4. Generate automated reports on website health, speed, and availability.
5. Provide status pages to communicate uptime and incidents with customers.

The Service is provided on a subscription basis.

3. Eligibility

To use the Service, you must:

1. Be at least 18 years old.
2. Be acting on behalf of a business or organisation.
3. Ensure that all information you provide to us is accurate and complete.
4. Use the Service solely for business and professional purposes. The Service is not intended for consumers as defined under the Consumer Rights Act 2015.

4. Subscription and Payment

1. The Service is offered on multiple subscription plans, billed annually (+ VAT if applicable).
2. Payments are processed securely via Stripe.
3. Subscriptions automatically renew unless cancelled via your account dashboard.
4. You may cancel your subscription at any time.
5. No refunds are provided for partial billing periods.

5. Your Responsibilities

1. Provide accurate and lawful business information.
2. Not use the Service for illegal, misleading, or harmful purposes.
3. Ensure you have the necessary rights to publish any content you upload.
4. You are solely responsible for the content of your website and any data submitted for monitoring.

6. Service Availability and Reliability

1. No Guarantee of Uninterrupted Service. While we aim to provide a reliable and high-quality service, we do not warrant or guarantee that the Service will be uninterrupted, timely, secure, or error-free.
2. Maintenance and Downtime. Access to the Service may be suspended, limited, or interrupted from time to time, including for scheduled or emergency maintenance, updates, system failures, network or hosting issues, or events beyond our reasonable control.
3. Accuracy of Outputs. The Service may generate reports, metrics, analyses, or other outputs based on automated processes and third-party data. We do not guarantee the accuracy, completeness, or reliability of any such outputs, and they should not be relied upon as the sole basis for business, technical, or financial decisions.
4. No Service Level Commitment (Unless Agreed). Except where expressly agreed in writing (for example, in a separate service level agreement), we make no commitment regarding uptime, availability, or performance levels of the Service.
5. Use at Your Own Risk. You acknowledge that use of the Service is at your own risk and that the Service is provided on an “as is” and “as available” basis, to the fullest extent permitted by law.

7. Intellectual Property

1. All intellectual property rights in the Service (including software, design, and branding) remain ours or our licensors’.
2. You retain ownership of any content you provide, but grant us a licence to use it to deliver the Service.

8. User Content and Moderation

1. You are solely responsible for all content you submit or publish via the Service.
2. We reserve the right, but are not obligated, to review, moderate, or remove any content that we consider, in our sole discretion, to be:
   1. Illegal, offensive, defamatory, obscene, or harmful.
   2. In violation of intellectual property or privacy rights.
   3. Inconsistent with our brand, values, or these Terms.
3. We may suspend or terminate access to the Service if content you submit violates these Terms.
4. While we make reasonable efforts to monitor content, we are not liable for user-generated content and the presence of inappropriate content does not imply endorsement.
5. Users may report inappropriate content via [email protected]. We will review reports in accordance with our moderation policy.

9. Termination

1. We may suspend or terminate your access if you breach these Terms or use the Service unlawfully or in a way that may damage our reputation.
2. You may cancel your subscription at any time via your account dashboard.

10. Limitation of Liability

To the maximum extent permitted by law, we are not liable for any indirect, incidental, or consequential losses. Our total liability to you for any claim will not exceed the amount you have paid us in the last 12 months. Nothing in these Terms limits liability for death, personal injury, fraud, or anything else that cannot be excluded under UK law.

10A. Monitoring Accuracy and Indemnity

While we take reasonable care to ensure that our monitoring systems operate correctly and provide timely alerts, the Service depends on numerous technical factors beyond our control. We do not guarantee that any scan, report, or alert will identify every issue or risk affecting your website.

You acknowledge that missed detections, false positives, or failures to send or receive alerts may occur for reasons including (but not limited to) network conditions, server downtime, configuration errors, software bugs, or third-party service interruptions. You are responsible for maintaining your own independent monitoring, backups, and security processes to protect your business.

To the fullest extent permitted by law, we are not liable for any loss, damage, cost, or consequence arising from:

1. Any issue or outage not detected or reported by the Service;
2. Any alert, notification, or report that is delayed, inaccurate, incomplete, or not delivered;
3. Any reliance you place on scan results, alerts, or data provided by the Service.

You agree to indemnify and hold harmless SiteVitals and its officers, employees, and affiliates against all claims, damages, losses, and expenses (including legal fees) arising out of or in connection with your use of the Service, except to the extent caused by our wilful misconduct or fraud.

The Service and all outputs are provided on an "as-is" and "as-available" basis. Except as expressly stated, we make no warranties or representations, express or implied, including any warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

This section supplements and does not limit the general limitation of liability set out in Section 10 above.

11. Data Protection

We process personal data in accordance with UK GDPR and the Data Protection Act 2018. Please see our Privacy Policy for details.

12. Changes to the Service or Terms

We may update these Terms from time to time. We will notify you of any material changes by email or through the Service. Continued use of the Service after changes means you accept the new Terms.

13. Use of Anonymous, Aggregated Data

13.1 Anonymisation and Aggregation. To help us improve our services and better understand trends, we may compile data derived from the operation of the Service that has been anonymised and aggregated so that it no longer identifies you or any individual user. Any such anonymisation will be undertaken in accordance with applicable data protection law so that the data cannot reasonably be used to re-identify any person.

13.2 Permitted Uses. We may use Anonymous Data for benchmarking, statistical analysis, research, product and service development, business insights, performance trends, and other lawful business purposes. Anonymous Data may be used internally or shared publicly and with third parties, provided that no personally identifiable information is included.

13.3 No Personal Data. Anonymous Data does not include any information that could reasonably be used to identify you or a specific individual or business. The use of Anonymous Data under this clause does not constitute processing of personal data under UK GDPR or data protection law as long as individuals are not identifiable.

14. Governing Law

These Terms are governed by the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

15. Force Majeure

We are not liable for any delay or failure to perform our obligations under these Terms if caused by events beyond our reasonable control, including but not limited to natural disasters, power failures, internet disruptions, or third-party service outages.

16. Severability

If any provision of these Terms is found invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.