Terms of Service
By using Proberix (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Service reserves the right to update and change these Terms of Service without notice. Violation of any of the terms below may result in the termination of your account.
Account Terms
- You are responsible for maintaining the security of your account and password. The Service cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all activity that occurs under your account (even when done by others who have their own logins under your account).
- You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
API Terms
Customers may access their Service data via the Application Program Interface ("API"). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that the Service shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account's access to the API. The Service, in its sole discretion, will determine abuse or excessive usage of the API. The Service will make a reasonable attempt via email to warn the account owner prior to suspension.
Payment, Refunds, Upgrading and Downgrading Terms
- The Service is offered with a free trial for 14 days. If you need more than 14 days, you will only be able to continue using the Service by paying in advance for additional usage. If you fail to pay for additional usage, your account will be suspended. For any upgrade or downgrade in plan level, will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles.
- Downgrading your Service may cause the loss of features of your account. The Service does not accept any liability for such loss.
- Refunds are processed according to our refund policy.
Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by going to the Terminate Account tab in the Account Settings. The Account screen provides a simple no-questions-asked cancellation link.
- All of your data will be inaccessible from the Service immediately upon cancellation.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.
- The Service, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Service reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- The Service reserves the right to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
- Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Service website or the Service itself.
- The Service shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
The look and feel of the Service is copyright© to the Service. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Service.
General Conditions
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only provided via email.
You understand that the Service uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service.
You must not modify another website so as to falsely imply that it is associated with the Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission.
We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violate any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, employee or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
The Service does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that the Service shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Service has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of the Service to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Service provider and governs your use of the Service, superseding any prior agreements between you and the Service Provider (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent to support@cloudprobes.com.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
SMS and Messaging
Proberix Notifications SMS program
Program Description
By opting into the Proberix Notifications SMS program, you consent to receive automated text messages related to the monitoring services we provide. These messages may include but are not limited to, notifications about your monitoring setup, status updates, and notifications of detected issues.
Opting Out
You may cancel your subscription to our SMS service at any time by textingSTOP
or by withdrawing directly through the Proberix user interface. Upon receiving your request, we will send you an SMS confirmation that you have been unsubscribed. After this, you will no longer receive SMS messages from us. Should you choose to reactivate your subscription at a later time, this can be achieved by adding a new notification channel through the Proberix SaaS application, at which point we will resume sending SMS messages to you.Help and Assistance
For assistance or more information about our SMS program, reply withHELP
to any message you receive or contact our support team. Carrier and Liability Disclaimer
Please be aware that carriers are not liable for delayed or undelivered messages.Message and Data Rates
Message and data rates may apply for any messages sent to you from us and to us from you. The frequency of messages may vary according to your notifications settings and the conditions being monitored. For questions about your text or data plan, please contact your wireless provider.Privacy Policy
To learn more about how we handle your data, please visit our Privacy Policy.Consent and Compliance
By opting into the Proberix Notifications SMS program, you affirm that you are the owner of the mobile number provided and that you have the authority to agree to receive text messages at this number. Our service complies with all applicable laws and regulations governing text messaging and telecommunications.Limitation of Liability for SMS Messaging
Proberix shall not be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from the use or the inability to use the SMS notification services.Questions about the Terms of Service should be sent to support@proberix.com.