Terms & Conditions

Last updated: June 24th, 2025
Effective date: June 24th, 2025

1. Company Information

These Terms & Conditions govern your use of services provided by:
Immutable VOF
Hemelshoek 277
2590, Berlaar, Belgium
VAT number: BE 0699.594.682
Email: [email protected]
Website: https://ohdear.app

2. Definitions

• "Service" means the Oh Dear website monitoring platform and related services
• "User" or "You" means the individual or entity using our Service
• "Account" means your Oh Dear user account
• "Content" means data, information, and materials uploaded or monitored through our Service
• "Consumer" means an individual acting for purposes outside their trade, business, or profession

3. Service Description

Oh Dear provides website monitoring services including:

• Uptime monitoring and alerts
• Performance monitoring
• SSL certificate monitoring
• Mixed content detection
• Broken link checking
• DNS monitoring
• Application health checks

4. Account Registration and Use

To use our Service, you must:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Be at least 18 years old or have parental consent
• Use the Service in compliance with applicable laws

You are responsible for all activities that occur under your account.

5. Acceptable Use Policy

You agree not to:

• Use the Service for illegal activities or to violate any laws
• Monitor websites without proper authorization
• Attempt to disrupt or overwhelm our infrastructure
• Reverse engineer or attempt to extract source code
• Share account credentials with unauthorized parties
• Use the Service to infringe intellectual property rights
• Engage in activities that harm our reputation or operations

6. Subscription Plans and Pricing

Our Service is offered through various subscription plans with different features and pricing. Current pricing is available on our website. Prices are quoted in EUR and include applicable Belgian VAT where required.

7. Payment Terms

Billing: Subscriptions are billed monthly or annually in advance.
Payment Methods: We accept major credit cards and other payment methods as indicated.
Failed Payments: Service may be suspended for non-payment after reasonable notice.
Price Changes: We will provide 30 days' notice of price increases.

8. Refund Policy

30-Day Money Back Guarantee: New customers can request a full refund within 30 days of their first payment.

Consumer Rights (EU): EU consumers have a 14-day withdrawal right from the date of purchase, unless you have expressly requested immediate service delivery and acknowledged loss of withdrawal rights.

Refund Process: Contact [email protected] to request a refund. Processing may take 5-10 business days.

9. Service Level Agreement

We strive to maintain 99.9% uptime for our monitoring service. While we work diligently to provide reliable service, we do not guarantee uninterrupted availability and are not liable for brief outages due to maintenance or circumstances beyond our control.

10. Data and Privacy

Your privacy is important to us. Our data processing practices are detailed in our Privacy Policy, which forms part of these terms. We process monitoring data as necessary to provide our services and in accordance with GDPR requirements.

For information about third-party services that process data on our behalf, please see our Subprocessors page.

11. Intellectual Property

Our Rights: Oh Dear retains all rights to our Service, software, trademarks, and proprietary technology.
Your Content: You retain ownership of data you provide, but grant us necessary rights to deliver our services.
Feedback: Any feedback or suggestions you provide may be used by us without obligation.

12. Limitation of Liability

Service Provision: Our Service is provided "as is" without warranties of any kind, whether express or implied.

Liability Cap: Our total liability to you for any claims arising from these terms is limited to the amount you paid us in the 12 months preceding the claim.

Excluded Damages: We are not liable for indirect, incidental, special, or consequential damages, including lost profits or data.

Consumer Rights: Nothing in these terms limits liability for death, personal injury, fraud, or other rights that cannot be excluded under Belgian/EU consumer protection law.

13. Indemnification

You agree to indemnify and hold us harmless from claims arising from your use of the Service, violation of these terms, or infringement of third-party rights, except where prohibited by consumer protection laws.

14. Account Suspension and Termination

By You: You may cancel your account at any time through your account settings or by contacting support.

By Us: We may suspend or terminate accounts for violation of these terms, non-payment, or to protect our Service integrity.

Effect of Termination: Upon termination, your access ends and we may delete your data according to our retention policy, except where required by law to retain it.

15. Modifications to Terms

We may update these terms from time to time. For material changes, we will provide 30 days' notice via email or through our Service. Continued use after changes take effect constitutes acceptance.

16. Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, government actions, network failures, or other force majeure events.

17. Dispute Resolution

Governing Law: These terms are governed by Belgian law.

Jurisdiction: Disputes will be resolved in the competent courts of Antwerp, Belgium.

Consumer Rights: EU consumers may also bring proceedings in their country of residence and have access to online dispute resolution platforms.

Alternative Resolution: We encourage resolving disputes through direct communication before formal proceedings.

18. Severability

If any provision of these terms is found unenforceable, the remaining provisions will continue in full force and effect.

19. Contact Information

For questions about these terms, please contact us:

• Email: [email protected]
• Support: [email protected]
• Address: Immutable VOF, Hemelshoek 277, 2590 Berlaar, Belgium

20. Entire Agreement

These terms, together with our Privacy Policy and any referenced policies, constitute the entire agreement between you and Oh Dear regarding the Service.