Terms of Service Agreement for PingPlotter Cloud

These Terms of Service ("Terms") govern your use of the cloud-based internet service status and reliability data services ("Services") provided by Pingman Tools, LLC, an Idaho limited liability company ("Company," "we," or "us").

By accessing or using the Services, the User acknowledges that they have read, understood, and do hereby agree to be bound by the terms and conditions set forth in this Agreement.

1. User Obligations

(a) Account Registration. The User must provide accurate and complete information during the registration process and maintain the confidentiality of their account credentials. The User understands and acknowledges that they are responsible for any information they provide, and they, not the Company, have full responsibility for such information, including its legality, reliability, and accuracy. The Company is not responsible or liable to any third party for the content or accuracy of any information provided by the User.

(b) Compliance. The User agrees to comply with all applicable laws and regulations in connection with their use of the Services. The Company has the right, in its sole discretion, to take all appropriate legal action, including without limitation, referral to law enforcement for any non-compliance by the User in connection with their use of the Services.

(c) Prohibited Activities. The User shall not engage in any activity that interferes with or disrupts the Services, including but not limited to unauthorized access, data mining, or any form of network abuse.

2. Service Limitations

(a) Availability. The Company strives to provide continuous access to the Services but does not guarantee uninterrupted availability. Scheduled maintenance and unforeseen technical issues may result in temporary service disruptions.

(b) Modifications. The Company reserves the right to modify or discontinue the Services, in whole or in part, at any time, with or without notice to the User.

3. Data Usage

(a) Data Collection. The Company may collect and use data related to the User's access and use of the Services for the purpose of improving service quality and user experience.

(b) Privacy. The Company is committed to protecting the User's privacy and will handle personal data in accordance with its Privacy Policy, which may be found on our Privacy Policy page on our website.

4. Payment Terms

The User agrees to pay all applicable subscription fees as specified at the time of registration. Fees are subject to change, and the Company will notify the User before any change to the fees. Failure to make timely payments may result in suspension or termination of the User's access to the Services.

5. Termination

(a) Termination by User. The User may terminate this Agreement at any time by providing written notice to the Company and ceasing all use of the Services.

(b) Termination by Company. The Company may terminate this Agreement and the User's access to the Services at any time for any reason, including but not limited to breach of this Agreement or non-payment of fees.

(c) Effect of Termination. Upon termination, the User's right to access the Services will immediately cease, and any outstanding fees shall become due and payable.

6. Liability Disclaimers

(a) No Warranties. The Services are provided "as is" and "as available," without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

(b) Limitation of Liability. To the fullest extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to the User's use of the Services.

(c) Indemnification. The User agrees to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to the User's violation of this Agreement or the User's use of the Services.

7. Ownership

The Company retains all rights, title and interest in the Services, including, but not limited to, any and all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, settings, artwork, and any other rights not mentioned or registered or not and all applications thereof.

8. Limitation on Use

The user may not:

(a) Permit others to access the Services using their account information;

(b) Permit concurrent access to the Services not otherwise permitted by the Company;

(c) Reverse engineer, decompile, decrypt, or create derivative works based on the Services; and

(d) Sell or otherwise transfer their rights to the Services.

9. General Provisions

(a) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Idaho, without regard to its conflict of law principles.

(b) Entire Agreement. This Agreement and the Privacy Policy constitute the entire agreement between the parties and supersedes all prior or contemporaneous understandings, agreements, or representations, whether written or oral, regarding the subject matter herein.

(c) Amendments. The Company reserves the right to amend this Agreement at any time at its sole discretion and all changes are effective immediately. The User will be notified of any material changes, and continued use of the Services by the User constitutes acceptance of the amended terms. You are expected to check all notifications sent by the Company so you are aware of any changes, as they are binding on you.

(d) Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

(e) Waiver. The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.