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 (notiduck.com) – Automated website availability and performance checks with email alerts when changes are detected.
Price Monitoring (price.notiduck.com) – 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. Monitoring is performed on a best-effort basis from our available infrastructure.

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.
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. No guarantee of detection or accuracy

notiduck does not guarantee that it will detect all outages, performance degradations, price changes, or any other monitored events.

Monitoring is inherently probabilistic and subject to factors beyond our control, including but not limited to:

Network conditions, routing changes, and internet infrastructure failures
Anti-bot measures, firewalls, rate limiting, or IP blocking by monitored websites
Geographic variability - a site may be accessible from one location but not another
Third-party service provider outages (hosting, DNS, CDN, email delivery)
Changes to website structure that break selectors or prevent data extraction
Transient errors that resolve between monitoring intervals

Our service is not a substitute for direct server monitoring, infrastructure alerting, or professional incident response tools.You should not rely solely on notiduck for critical business operations, SLA compliance, or financial decisions.

We reserve the right to block, restrict, or discontinue monitoring of any website at our sole discretion, without notice or refund. This includes websites that request removal, present technical challenges, or where continued monitoring poses risk to our service.

5. No service level agreement

notiduck does not provide any service level agreement (SLA). We do not guarantee:

Specific monitoring frequency or uptime of our own service
Timely delivery of notifications (email and SMS delivery depends on third-party providers)
Uninterrupted, error-free, or secure operation of the service
That monitoring intervals will be exact (scheduled checks may vary due to system load, queue depth, or infrastructure issues)

The service is provided "as available." Scheduled maintenance, unplanned outages, and infrastructure upgrades may temporarily interrupt monitoring without prior notice.

6. Account & credits

Your notiduck account gives you access to both platforms: uptime monitoring (ping.notiduck.com) and price monitoring (notiduck.com), with a single shared credit balance.

Starter Credits: New accounts may receive a one-time starter credit grant at our discretion. This is a promotional benefit, not a contractual obligation.
Credits Charged on Success: Credits are deducted only 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 for that attempt.
No Refunds: Credits are non-refundable once purchased or granted. This includes unused credits upon account termination.
Credit Expiration: Purchased credits do not expire. Starter credits may expire at our discretion, as communicated at the time of grant.
Free Trial Checks: The first verification check when adding a new monitor is free. This is a one-time courtesy per monitor to confirm compatibility.

7. Data processing

When you add a website to monitor, we process:

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

We use third-party infrastructure providers to collect publicly available data from websites you specify. These providers operate under their own compliance programs and acceptable use policies. See our Privacy Policy for details.

8. Intellectual property

Monitoring data collected on your behalf is accessible to you through your account. However:

The original content on monitored websites belongs to their respective owners. We do not claim ownership of third-party content.
You may not redistribute collected data in a way that violates copyright or the source website's terms.
notiduck's software, interface, detection algorithms, and systems remain our intellectual property.

9. 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, completeness, or timeliness of any data or information obtained through the service
Any warranty that the service will detect all outages, performance issues, or price changes
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.

10. 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, revenue, or goodwill
We are not responsible for missed notifications, undetected outages, 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 business, financial, or operational 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.

11. 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

12. 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.

13. Account termination

You may delete your account at any time by emailing agne@gijahub.com with the subject line "Account Deletion Request". We will process your request within 30 days. We may suspend or terminate accounts that:

Violate these Terms or our Acceptable Use Policy
Engage in fraudulent activity
Create multiple accounts to abuse promotional credits

Upon termination, all unused credits are forfeited.

14. Service discontinuation

We reserve the right to permanently discontinue notiduck or any of its services. In such an event, we will provide reasonable notice via email to all registered users. During any wind-down period, services will remain operational to the extent technically feasible and credits may continue to be used normally.

Upon discontinuation, any remaining unused credits are forfeited. We will not issue refunds for unused credits.

15. Changes to terms

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

16. 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.

17. Contact

Questions about these Terms? Contact us at agne@gijahub.com

Terms of Service