Terms of Service

1. Parties

These terms ("Terms") constitute an agreement between you ("User", "you") and notiduck ("notiduck", "we", "us"), operated by GIJA HUB MB, registered at Polocko g. 4B-20, Vilniaus m., Lithuania. By creating an account or using our services, you accept these Terms in full. If you do not agree to these Terms, you must not use our services.

2. Service Description

notiduck provides two main services:

• Uptime Monitoring (ping.notiduck.com) – Automated website availability checks with email alerts when your site goes down.
• Price Monitoring (notiduck.dk) – Automated price tracking for e-commerce products with alerts when prices change.

Both services use automated systems to access publicly available web data on your behalf.

3. Acceptable Use Policy

By using notiduck, you agree to use our services responsibly and legally:

• Your Responsibility: You are solely responsible for ensuring that monitoring a particular website complies with that website's terms of service, robots.txt directives, and applicable laws.
• Publicly Available Data Only: Our services only access publicly available information. We do not bypass authentication, paywalls, or access restricted areas.
• No Malicious Use: You may not use our services to harm, disrupt, or negatively impact any website or its operations.
• No Competitive Intelligence Abuse: You may not use our price monitoring service to systematically undercut competitors in an anti-competitive manner.
• Compliance: You must comply with all applicable laws, including GDPR, when using data obtained through our services.

We reserve the right to suspend or terminate accounts that violate these policies without refund.

4. Service Limitations & No Guarantee

No website monitoring service works on 100% of all websites. Some websites employ anti-bot measures, frequently change their structure, or may block automated access. We make our best effort to provide accurate monitoring, but we cannot guarantee:

• That our service will work with every website you wish to monitor
• That price data will always be 100% accurate (websites may display different prices based on location, time, or user)
• Uninterrupted service availability
• That notifications will be delivered instantly (email delivery depends on third-party providers)

5. Credits and Billing

• Free Tier: One website monitored daily is free forever for uptime monitoring.
• Initial Check Free: When you add a new monitor, the first verification check is always free. This allows you to confirm our service works for your target website before committing credits.
• Credits Charged on Success: We only deduct credits when a monitoring check successfully completes. If our system fails to check a website due to technical issues on our end, no credits are charged.
• No Refunds for Used Credits: Credits that have been used for successful checks are non-refundable.
• Credit Expiration: Purchased credits do not expire.

6. Data Processing

When you add a website to monitor, we process:

• The URL and any custom selectors you provide
• Response times, availability status, and price data collected from public web pages
• Historical monitoring data for your dashboard

We use third-party services including BrightData for proxy infrastructure. These services only access publicly available data and comply with their own acceptable use policies. See our Privacy Policy for details.

7. Intellectual Property

Data collected through our service belongs to you. However, you acknowledge that:

• The original content on monitored websites belongs to their respective owners
• You may not redistribute collected data in a way that violates copyright or the source website's terms
• notiduck's software, interface, and systems remain our intellectual property

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

To the maximum extent permitted by applicable law, we expressly disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranty that the service will be uninterrupted, timely, secure, or error-free
• Any warranty regarding the accuracy, reliability, or completeness of any data or information obtained through the service
• Any warranty that the service will meet your specific requirements or expectations

You acknowledge that website monitoring involves accessing third-party websites that may change their structure, implement anti-bot measures, or become unavailable at any time. We have no control over these third-party websites.

9. Limitation of Liability

To the maximum extent permitted by law:

• notiduck is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill
• We are not responsible for missed notifications, inaccurate data, delayed alerts, or service interruptions regardless of the cause
• Our total aggregate liability for all claims arising from your use of the service is limited to the lesser of (a) the amount you paid for credits in the preceding 12 months, or (b) EUR 100
• We are not liable for any actions taken by third-party websites against you for using our service
• We are not liable for any decisions you make based on data obtained through our service

These limitations apply even if we have been advised of the possibility of such damages and even if any remedy fails of its essential purpose.

10. Indemnification

You agree to indemnify, defend, and hold harmless notiduck, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the service
• Your violation of these Terms
• Your violation of any third-party rights, including any website's terms of service or robots.txt directives
• Any claim by a third-party website owner related to your monitoring activities
• Your violation of any applicable laws or regulations

11. Force Majeure

notiduck shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, acts of war or terrorism, pandemics, power outages, internet or telecommunications failures, government actions, third-party service provider failures, or cyberattacks.

12. Account Termination

You may delete your account at any time. We may suspend or terminate accounts that:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent activity
• Abuse our free tier (e.g., creating multiple accounts)

Upon termination, unused credits are forfeited unless termination was due to our breach.

13. Changes to Terms

We may update these Terms with 30 days' notice via email or in-app notification. Continued use after changes take effect constitutes acceptance.

14. Governing Law & Disputes

These Terms are governed by the laws of the Republic of Lithuania. Any disputes arising from or relating to these Terms shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved by the courts of Vilnius, Lithuania.

For EU consumers: Nothing in these Terms affects your statutory rights under mandatory consumer protection laws in your country of residence.

15. Contact

Questions about these Terms? Contact us at info@notiduck.com