Terms of Service

Last Updated: [DATE]

These Terms of Service (“Terms”) govern your access to and use of the services, software, APIs, websites, dashboards, applications, and related offerings (collectively, the “Service”) provided by [COMPANY NAME] (“Company,” “we,” “our,” or “us”).

By creating an account, accessing, or using the Service, you agree to be bound by these Terms.

1. Definitions

Account means a registered account used to access the Service.

Customer means the individual or entity that creates an Account or otherwise uses the Service.

Customer Data means data, content, logs, files, records, metadata, configurations, or other information submitted to, processed by, or stored through the Service.

Documentation means the technical and operational documentation provided by the Company.

Subscription Term means the period for which the Customer has purchased access to the Service.

2. Eligibility

You must be at least 18 years old and capable of entering into a legally binding agreement.

If you are using the Service on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.

3. Account Registration

You agree to:

• Provide accurate and complete information.
• Maintain the security of your credentials.
• Promptly update account information.
• Notify us of any unauthorized account activity.

You are responsible for all activity occurring under your Account.

4. Description of Service

The Service provides cloud-based software and related functionality, including but not limited to:

• Data collection
• Data processing
• Data storage
• Analytics
• Monitoring
• Reporting
• API access
• Integrations with third-party platforms

Features may change from time to time.

We reserve the right to modify, improve, replace, suspend, or discontinue portions of the Service.

5. Customer Data Ownership

As between the parties, Customer retains all ownership rights to Customer Data.

We do not claim ownership of Customer Data.

Customer grants the Company a limited, worldwide, non-exclusive license to:

• Host Customer Data
• Store Customer Data
• Process Customer Data
• Transmit Customer Data
• Display Customer Data

solely as necessary to provide, maintain, secure, and improve the Service.

6. Customer Responsibilities

Customer is solely responsible for:

• The legality of Customer Data
• Obtaining required permissions and consents
• Maintaining backups of important data
• Configuring retention settings where applicable
• Compliance with applicable laws and regulations

Customer represents that it has all necessary rights to provide Customer Data to the Service.

7. API Usage

If the Service includes APIs, the following terms apply.

Permitted Use

Customers may access and use APIs solely for lawful purposes and in accordance with the Documentation.

Restrictions

You may not:

• Reverse engineer API functionality
• Circumvent rate limits
• Abuse or overload systems
• Scrape or harvest data not intended for you
• Resell API access without written authorization
• Attempt unauthorized access to Company systems

Rate Limits

We may impose rate limits, usage quotas, or technical restrictions to protect platform stability.

Exceeding limits may result in:

• Request throttling
• Temporary suspension
• Additional usage fees
• Account termination

API Changes

We may modify APIs, endpoints, authentication methods, or technical requirements at any time.

Reasonable efforts will be made to provide advance notice for material changes.

8. Data Retention

The Service may provide configurable retention periods.

Unless otherwise specified in a paid plan, we do not guarantee indefinite retention of Customer Data.

Customer is responsible for reviewing retention policies and exporting data when necessary.

Data Deletion

We may delete Customer Data:

• Upon Customer request
• Upon account closure
• Following expiration of retention periods
• As required by law

Account Termination

Following termination, Customer Data may be deleted after a reasonable retention period.

We are not obligated to retain Customer Data indefinitely following account closure.

9. Security

We implement reasonable administrative, technical, and organizational safeguards designed to protect Customer Data.

However, no system is completely secure.

Customer acknowledges and accepts the risks inherent in internet-based services.

10. Subscription Plans and Billing

Certain portions of the Service require payment.

Fees

Customer agrees to pay all fees associated with its selected subscription plan.

Fees are exclusive of taxes unless otherwise stated.

Auto-Renewal

Subscriptions automatically renew unless canceled before the renewal date.

Payment Authorization

Customer authorizes us and our payment processors to charge all applicable fees.

Failed Payments

If payment fails, we may:

• Suspend Service access
• Restrict features
• Delete data according to retention policies
• Terminate the Account

11. Price Changes

We may modify pricing at any time.

Price changes will generally apply upon renewal of the Subscription Term.

Reasonable advance notice will be provided for material pricing changes.

12. Refunds

Except where required by law, all fees are non-refundable.

Partial-month usage, unused subscriptions, and prepaid fees are generally not refundable.

13. Service Availability

We strive to make the Service available at all times but do not guarantee uninterrupted availability.

The Service may experience interruptions due to:

• Maintenance
• Upgrades
• Infrastructure failures
• Third-party outages
• Security incidents
• Force majeure events

14. Service Level Objective (SLO)

Unless otherwise stated in a separate written agreement, the Service is provided on a commercially reasonable efforts basis.

Target uptime objectives, if published, are goals only and not guarantees.

15. Service Credits

If Company offers service credits under a published Service Level Agreement (“SLA”), the following conditions apply:

• Credits are Customer’s sole remedy for covered downtime.
• Credits have no cash value.
• Credits cannot be redeemed for refunds.
• Credits must be requested within thirty (30) days of the applicable incident.
• Credits may only be applied to future invoices.

Specific eligibility requirements may be described in a separate SLA.

16. Acceptable Use Policy

Customer may not use the Service to:

• Violate laws or regulations
• Distribute malware
• Conduct unauthorized scanning
• Launch denial-of-service attacks
• Facilitate fraud
• Infringe intellectual property rights
• Interfere with Service operations

We may investigate and take action against violations.

17. Third-Party Services

The Service may integrate with third-party providers.

We are not responsible for:

• Third-party services
• Third-party downtime
• Third-party security practices
• Third-party data handling

Use of third-party services is governed by their own terms.

18. Confidentiality

Each party agrees to protect the other’s non-public confidential information using reasonable care.

Confidential information may only be used for purposes related to performance under these Terms.

This obligation survives termination for three (3) years.

19. Intellectual Property

The Service, including software, designs, code, trademarks, interfaces, and documentation, remains the exclusive property of the Company and its licensors.

No ownership rights are transferred to Customer.

20. Feedback

If Customer provides suggestions, ideas, or feedback regarding the Service, Company may use such feedback without restriction or compensation.

21. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY
• RELIABILITY
• AVAILABILITY

WE DO NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED
• THE SERVICE WILL BE ERROR-FREE
• THE SERVICE WILL BE COMPLETELY SECURE
• DATA WILL NEVER BE LOST

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR:

• INDIRECT DAMAGES
• INCIDENTAL DAMAGES
• SPECIAL DAMAGES
• CONSEQUENTIAL DAMAGES
• LOST PROFITS
• LOST REVENUE
• LOST DATA
• BUSINESS INTERRUPTION

COMPANY’S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

23. Indemnification

Customer agrees to defend, indemnify, and hold harmless Company and its affiliates from claims arising out of:

• Customer Data
• Customer’s use of the Service
• Violations of these Terms
• Violations of applicable law
• Infringement of third-party rights

24. Suspension and Termination

We may suspend or terminate access if:

• Fees remain unpaid
• Customer violates these Terms
• Customer presents a security risk
• Required by law

Termination does not relieve Customer of outstanding payment obligations.

25. Export Compliance

Customer agrees to comply with all applicable export control and sanctions laws.

Customer may not use the Service in violation of such laws.

26. Governing Law

These Terms shall be governed by the laws of the State of Texas, excluding conflict-of-law rules.

27. Dispute Resolution

Any dispute arising from these Terms shall first be addressed through good-faith negotiations.

If unresolved, disputes shall be resolved through binding arbitration in Collin County, Texas, except where prohibited by law.

Each party waives participation in class actions and class arbitrations.

28. Changes to These Terms

We may modify these Terms from time to time.

Material changes will be communicated through the Service, email, or other reasonable means.

Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

29. Contact Information

Realmbit LLC

Website: https://www.metrickeeper.com

Email: support@metrickeeper.com

Address: 1207 Delaware Ave #3618, Wilmington, DE 19806, USA

Additional Cloudflare Data Terms

Cloudflare API Authorization

By connecting a Cloudflare account to the Service, Customer authorizes the Service to access and process Cloudflare data and logs that Customer has permission to access.

Customer may revoke authorization at any time by disconnecting integrations or revoking API credentials.

Customer Data Export Rights

Customers may export their data using available export tools and APIs during an active subscription period.

Data Residency

Customer Data may be processed and stored in one or more jurisdictions where the Company or its service providers operate.

Subprocessors

The Company may engage third-party subprocessors to provide hosting, storage, monitoring, payment processing, customer support, and related services.

A current list of subprocessors will be made available upon request.

Backup and Disaster Recovery

The Company maintains reasonable backup and disaster recovery procedures but does not guarantee that data loss will never occur.

Retention Guarantee

Where a subscription plan explicitly includes “indefinite retention” or similar language, the Company will use commercially reasonable efforts to retain Customer Data for the duration of the Customer’s active subscription, subject to:

• Compliance with these Terms
• Payment of applicable fees
• Technical limitations
• Legal obligations
• Force majeure events

No retention guarantee survives account termination or non-payment unless otherwise specified in a separate written agreement.