Terms and Conditions
Welcome to endpnts.io, provided by Kinexus Internet Limited, a company registered in England and Wales under number
3926786 (VAT number GB718342242) with its registered office at Windmill Hill Business Park, Whitehill Way, Swindon,
Wiltshire, SN5 6QU (“Company”, “we”, “us”, or “our”). These Terms and Conditions (“Terms”) govern your access to and use of the
endpnts.io services (“Services”).
By using the Services, you agree to these Terms. If you are entering into this agreement on behalf of a company or other legal entity,
you represent that you have authority to bind that entity. Please review each section below for the details of your rights and obligations.
1. Eligibility and Account Registration
You must be at least 18 years old (or the age of majority in your jurisdiction) and capable of entering into binding contracts. When registering,
you agree to provide accurate, current, and complete information. You are responsible for keeping your login credentials secure and for all
activities that occur under your account. Notify us immediately if you suspect unauthorised use of your account.
2. Scope of Services
The Services enable you to monitor the availability, performance, and health of websites, APIs, and other endpoints. Monitoring results are
provided on a best-effort basis and may be affected by external factors outside our control. We may add, modify, or discontinue features at
any time, giving reasonable notice where practicable.
3. Subscription Plans, Payments, and Taxes
Certain features require a paid subscription. Fees are charged in advance on a recurring basis and are non-refundable except where required by
law. Prices and plan features may change with notice, and you are responsible for all applicable taxes.
3A. Free vs. Paid Use
Free Use
We may offer a free tier of the Services (“Free Plan”), provided at our sole discretion. Free Plans may include limitations such as:
- A limited number of monitored endpoints.
- Reduced monitoring frequency or slower check intervals.
- Limited data history or shorter retention of monitoring results.
- Restricted access to certain features or integrations.
- No guaranteed support response times.
We reserve the right to modify or discontinue Free Plans at any time, with or without notice.
Paid Use
Paid subscription plans (“Paid Plans”) provide additional features and higher limits as described on our website or within the Service. Paid Plans may include:
- Increased monitoring limits and frequency.
- Longer data retention periods.
- Access to premium features such as advanced alerts, custom dashboards, and team management.
- Priority or enhanced customer support.
Heads up: Downgrading from a Paid Plan to a Free Plan may result in the loss of features, data, or historical records.
Fair Usage
Whether on a Free Plan or Paid Plan, you agree to use the Services within reasonable operational limits. We may throttle, restrict, or suspend accounts that:
- Generate excessive traffic or system load.
- Abuse alerting functions, including spamming notifications.
- Circumvent plan limitations through multiple accounts or other methods.
4. Acceptable Use Policy
When using the Services, you must not:
- Use the Services for unlawful or abusive purposes.
- Monitor systems you do not own or have permission to test.
- Interfere with, disrupt, or overload our systems.
- Attempt to reverse-engineer or modify the Services.
- Misuse alerts for spam or nuisance communications.
5. Intellectual Property
All rights, title, and interest in the Services, including software, designs, and trademarks, remain with the Company or its licensors. You are granted a
limited, non-exclusive, revocable licence to use the Services for your internal business purposes. You retain ownership of your data but grant us a licence
to process it as needed to provide the Services.
6. Customer Data and Privacy
We process data in accordance with our Privacy Policy. You are responsible for ensuring you have a lawful basis for any personal data you provide. A Data
Processing Addendum (DPA) is available for customers who require one under GDPR or similar regulations.
6A. Data Retention and Deletion
Retention Periods
Data collected through the Services (monitoring results, logs, response times, and alert history) is retained according to your subscription plan:
- Free Plans may have shorter retention periods, such as 30 days.
- Paid Plans may retain data for 90 days, 12 months, or longer, depending on tier.
- Aggregated or anonymised data may be retained indefinitely for improvement, analytics, and reporting.
Deletion
- Data may be automatically deleted or aggregated once it reaches the end of the applicable retention period.
- After account cancellation or termination, we may permanently delete your data after a reasonable period (for example, 30 days) unless a longer retention period is required by law.
- Deleted data cannot be recovered once removed from our systems.
Backups
Backup copies may persist for a limited time after deletion for security, continuity, and disaster recovery purposes.
User Responsibility
You are responsible for exporting or backing up any data you wish to retain before your retention period ends or before closing your account.
7. Third-Party Services
The Services may integrate with third-party tools such as Slack, Teams, or SMS providers. Your use of third-party services is subject to their own terms, and we are not responsible for their availability, performance, or data handling practices.
8. Service Availability and Support
We strive to keep the Services available, but downtime may occur due to maintenance or unforeseen issues. Support levels vary according to your subscription plan, and priority support may only apply to certain tiers.
9. Beta Features
We may provide experimental or beta features. These Beta Features are provided “as is,” may change or be withdrawn at any time, and do not carry warranties.
10. Disclaimer of Warranties
The Services are provided “as is” and “as available.” We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
11. Limitation of Liability
To the maximum extent permitted by law, we are not liable for indirect, incidental, or consequential damages. Our total liability is limited to the greater of (a) the fees you paid in the preceding 12 months or (b) £100. Nothing in these Terms limits liability for fraud or negligence resulting in death or personal injury.
12. Indemnification
You agree to indemnify and hold us harmless from claims, damages, and expenses arising from your use of the Services, breach of these Terms, or violation of law.
13. Termination
You may cancel your account at any time. We may suspend or terminate access for non-payment, breach of these Terms, or unlawful use. Upon termination, your right to use the Services ceases immediately.
14. Changes
We may update these Terms from time to time. If material changes occur, we will notify you via email or through the platform. Continued use of the Services after changes become effective constitutes acceptance.
15. Governing Law and Jurisdiction
These Terms are governed by the laws of England and Wales. Disputes shall be resolved exclusively in the courts of England and Wales.
16. Export Controls and Sanctions
You must comply with applicable export and sanctions laws. You represent that you are not subject to sanctions and will not use the Services for prohibited purposes.
17. Anti-Bribery and Corruption
You must comply with anti-bribery and corruption laws, including the UK Bribery Act 2010. You must not offer or accept bribes in connection with the Services.
18. Publicity
We may identify you as a customer (name and logo) in marketing materials unless you opt out in writing. Any other publicity requires mutual consent.
19. Assignment
You may not assign or transfer your rights without our consent. We may assign our rights and obligations freely, provided we remain responsible for service delivery.
20. Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, internet outages, strikes, or government actions.
21. Notices
We may send notices via email or through the platform. Formal notices may also be sent to our registered office. You are responsible for keeping your contact details up to date.
22. Entire Agreement and Severability
These Terms, together with the Privacy Policy and any Data Processing Addendum, constitute the entire agreement between you and the Company. If any provision is unenforceable, the remaining provisions remain in effect. Failure to enforce a right does not waive it.