Terms and Conditions

These Terms and Conditions (“Terms”) govern your use of the Heyping uptime monitoring platform (the “Service”) and its website heyping.io. The Service is provided by an Austrian sole proprietor (the “Operator”) offering uptime monitoring for websites, APIs and HTTP endpoints. By registering, clicking “Accept” or otherwise using the Service, you confirm that you have read and agree to these Terms. If you do not agree, do not register or use the Service.

In these Terms, “we”/“us”/“Operator” means the Service provider; “you”/“User” means anyone using or registering for the Service. We distinguish Consumers (natural persons using the Service for non-business purposes) from Business Users (companies or persons acting in their commercial capacity). The Service refers to our SaaS uptime monitoring platform. “Free Trial” means the 14-day trial period offered to new users.

Heyping provides automated monitoring (“ping”) of user-specified web endpoints at regular intervals and records their up/down status. We make status data available in your account dashboard (subject to system limitations). Uptime is not guaranteed; we make no warranty of uninterrupted or error-free service. We reserve the right to modify, suspend or discontinue the Service (or any feature) at any time, with notice. We use reasonable efforts to maintain the Service, but you acknowledge that downtime or data loss may occur (e.g. due to technical issues, maintenance, or third-party outages). In no case will we be liable for losses caused by temporary interruptions or for any indirect damages (see Section 9).

To use the Service you must register an account by providing your name, email address and a password. You agree to supply accurate, up-to-date information and to keep your password secure. You are solely responsible for all activity under your account and for safeguarding your login credentials. Do not share or transfer your account to others. We may suspend or terminate your account if you violate these Terms, or if false or unlawful information is provided. We will not disclose your password to anyone, and you must notify us immediately of any unauthorized use of your account.

The Service is offered on a subscription basis (monthly or annual plans), billed via Paddle (a third‑party payment processor). We provide a 14-day free trial to new users. During the trial, you may use the Service at no charge and without providing any payment information. At the end of the trial, your access to the Service will automatically expire unless you actively choose to start a paid subscription. No charges will be made unless and until you manually subscribe. Before subscribing, you will be clearly informed of the applicable pricing and renewal terms.

By starting a paid subscription, you expressly request that the digital service be provided immediately and acknowledge that you thereby lose your statutory 14-day right of withdrawal under EU consumer protection law. This means that once the subscription begins, no withdrawal or refund is possible unless required by law due to a defect or non-performance.

Pricing and VAT: All fees are listed in Euro (EUR) and include applicable Austrian/EU VAT when required. Paddle handles invoicing and VAT collection. You grant Paddle permission to charge your payment method for subscription fees. We do not see or store your payment card details. If you are a VAT-registered business in the EU, you may provide your VAT ID to Paddle for reverse-charge or VAT handling.

Cancellation: You may cancel your subscription at any time via your account dashboard. Cancellations take effect at the end of the current billing period. Please cancel at least 48 hours before that date. We do not provide prorated refunds for partial periods or for elapsed free trials. Heyping does not provide refunds after the free trial period. Once your paid subscription has started, no refunds (full or partial) will be given for any unused subscription time.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not (a) use the Service to monitor any content or endpoint without authorization, (b) interfere with the Service or other users (e.g. by sending abusive traffic or exploiting vulnerabilities), or (c) use the Service to commit illegal acts. You shall comply with all applicable laws (data protection, intellectual property, export controls, etc.) in using the Service. You are responsible for the content of the endpoints you monitor and must ensure you have the right to ping those endpoints. We reserve the right to suspend or terminate the accounts of users who misuse the Service or threaten its operation.

We (or our licensors) retain all intellectual property rights in the Service, website and software. You are granted a limited, non-exclusive license to access and use the Service solely to monitor your own websites/endpoints. You may not copy, modify, distribute or reverse-engineer our platform. The Heyping name, logo and any branding are our trademarks. You may not use our marks without permission. All user content (e.g. endpoints you provide, monitoring configurations) remains your property, but you grant us a license to process it as needed to provide the Service.

While we strive to provide accurate uptime monitoring data, the uptime percentages displayed in our services may not always reflect the actual availability of your services. Various factors, such as missed ping intervals, network latency, or third-party outages, may influence the accuracy of the calculated uptime. Therefore, we do not guarantee the correctness or completeness of any uptime data presented.

We do not guarantee that every scheduled ping request or monitoring event will be executed without failure or delay. External influences, system maintenance, and unforeseen outages may affect the timely execution of these operations. Users acknowledge that missed pings may occur and should not be solely relied upon for critical operations or decisions.

Fair Use Policy: Our platform allows users to set up unlimited users, status pages, and alert rules. However, this is subject to a Fair Use Policy intended to ensure system stability and equitable service for all customers. Excessive use of these features that negatively impacts platform performance or degrades service availability for others is not permitted. We reserve the right to: Impose technical limits on the number of monitors, alerts, or status pages per account; Throttle or restrict usage that violates this policy; Suspend or terminate accounts that significantly exceed reasonable usage levels.

Fair use is determined at our sole discretion. We will make reasonable efforts to notify users before taking action unless urgent intervention is required.

We will treat any non‑public information you provide as confidential and will not disclose it except to our service providers (see Privacy Policy) or as required by law. Similarly, any data or feedback we provide to you is for your use only. You agree not to share or publish any technical details of our Service without permission.

THE SERVICE IS PROVIDED “AS IS”. We make no guarantees regarding accuracy, uptime or error-free operation. We disclaim all warranties, express or implied, to the fullest extent permitted by law. This includes any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability: Under no circumstances will we be liable for any indirect, incidental, special, consequential or punitive damages (including lost profits or data), even if advised of the possibility. Our total liability for any claim arising from or related to the Service is limited to the subscription fees you have actually paid to us in the last 6 months. This limitation applies to all claims, whether based in contract, tort or statute, except where law does not allow such limitations. For example, in cases of gross negligence or willful misconduct (to the extent permitted by applicable law), liability may not be limited. We encourage you to maintain backup or alternative monitoring in case of service failure.

These Terms take effect when you accept them and remain in force as long as you have an account. You may terminate your subscription at any time (see Section 5). We may terminate or suspend your account without notice if you breach these Terms or for non-payment. Upon termination, your access to the Service ends and we may delete your data (except as required for legal records). Termination does not affect obligations accrued before termination (e.g. unpaid fees).

We may modify these Terms from time to time. If changes are material, we will notify you (e.g. by email or a notice on our site) at least 30 days before they take effect. Your continued use of the Service after the change means you accept the new Terms. We encourage you to review the Terms periodically.

These Terms are governed by Austrian law (excluding its conflict-of-law rules). Any dispute arising hereunder will be subject to the exclusive jurisdiction of the Austrian courts in Vienna, unless mandatory local consumer protection law provides otherwise. If you are a consumer residing in the EU, you may also bring claims under your home country’s mandatory rules. We are not obliged to participate in any specific alternative dispute resolution forum. Consumer Disputes: European consumers may file complaints via the EU Online Dispute Resolution (ODR) platform (https://ec.europa.eu/consumers/odr).

Headings are for convenience and do not affect interpretation. If any provision is held invalid, the remainder survives. No waiver of any right is effective unless in writing. These Terms (and any policies or documents expressly incorporated by reference, such as our Privacy Policy) constitute the entire agreement between you and us regarding the Service. In case of conflict between any individual agreement you make with us and these Terms, the individual agreement prevails.