Terms of Service - Sitepulse

1. Acceptance of Terms

By accessing, installing, activating, or using the SitePulse WordPress performance monitoring plugin and related services (collectively, the "Service"), you accept and agree to be bound by the terms and provisions of this agreement.

These Terms of Service ("Terms") govern your use of our Service operated by Nilbug LLC ("Company", "us", "we", or "our"), doing business as SitePulse. If you do not agree to these Terms, please do not install, activate, or use our Service.

You represent that you are at least 18 years of age and have the legal authority to enter into this agreement. If you are accepting these Terms on behalf of an organization, you represent that you have the authority to bind that organization.

2. Description of Service

SitePulse provides comprehensive WordPress performance monitoring services including:

Real-time website performance monitoring
Plugin and theme performance analysis
Database query optimization insights
Error tracking and debugging tools
Performance reporting and analytics

3. User Accounts and Registration

3.1 Account Creation

To access certain features of our Service, you must register for an account. You agree to:

Provide accurate, current, and complete information
Maintain and update your account information
Maintain the security of your password
Accept responsibility for all activities under your account

3.2 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms or engage in activities that harm our Service or other users.

4. Acceptable Use Policy

You agree to use our Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

Violate any applicable laws or regulations
Transmit malicious code or engage in cyber attacks
Attempt to gain unauthorized access to our systems
Interfere with or disrupt our Service or servers
Use automated systems to access the Service without permission
Reverse engineer or attempt to extract source code
Resell or redistribute our Service without authorization

5. Data Collection and Privacy

Our collection and use of personal information is governed by our Privacy Policy, available at sitepulse.me/privacy. By using our Service, you acknowledge that you have read and understood our Privacy Policy.

All data collection features in SitePulse are optional and require your explicit opt-in consent. The free version of the plugin operates entirely on your server with no data transmitted to us. You may disable any data collection feature at any time.

5.1 Local Performance Data

By default, performance data is stored locally on your server and never transmitted to SitePulse or any third party. This includes:

Page load times and response codes
Server performance metrics
Plugin and theme performance data
Database query information
Error logs and debugging information

5.2 Your Responsibility for Data

You are solely responsible for the security and backup of any data stored on your own server by the plugin. SitePulse, Nilbug LLC, and its developer(s) bear no liability for loss or corruption of locally stored data.

6. Payment Terms

6.1 Subscription Plans

SitePulse offers various subscription plans with different features and limitations. Payment terms include:

Subscriptions are billed in advance on a monthly or yearly basis
All fees are non-refundable except as required by law
Price changes will be communicated 30 days in advance
Failed payments may result in service suspension

6.2 Free Trial and Cancellation

We may offer free trials for new users. You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period.

7. Intellectual Property Rights

The Service, including but not limited to its source code, object code, design, architecture, documentation, logos, trademarks, trade names, and all original content, features, and functionality, are and will remain the exclusive property of Nilbug LLC and its licensors. The Service is protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the United States and international jurisdictions.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. This license does not grant you any right to:

Modify, adapt, translate, or create derivative works of the Service
Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code
Remove, alter, or obscure any proprietary notices or labels
Sublicense, lease, rent, or transfer the Service to any third party
Use our trademarks, logos, or trade names without prior written consent

Your performance data generated by the plugin belongs to you. We claim no intellectual property rights over your website content or metrics.

8. Disclaimers and Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NILBUG LLC, ITS DEVELOPER(S), OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS DEVELOPER(S) MAKE ANY WARRANTY OR REPRESENTATION THAT:

The Service will be uninterrupted, timely, secure, or error-free
Defects will be corrected in any particular time frame
The Service is free of viruses, malware, or other harmful components
The results, data, or recommendations obtained will be accurate, complete, or meet your specific requirements
Any performance recommendations, optimization suggestions, or insights will produce specific results on your website

8.1 No Guarantee of Performance Improvement

SITEPULSE PROVIDES PERFORMANCE MONITORING DATA AND MAY OFFER RECOMMENDATIONS OR INSIGHTS. THESE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND IMPLEMENTING ANY CHANGES TO YOUR WEBSITE. WE DO NOT GUARANTEE THAT FOLLOWING ANY RECOMMENDATION WILL IMPROVE YOUR WEBSITE PERFORMANCE, SEARCH ENGINE RANKINGS, USER EXPERIENCE, OR BUSINESS OUTCOMES.

8.2 Third-Party Dependencies

The Service operates within the WordPress ecosystem and may be affected by your hosting environment, other plugins, themes, or server configurations. We are not responsible for issues caused by third-party software, hosting providers, or your server environment.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NILBUG LLC, ITS DEVELOPER(S), OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

Loss of profits, revenue, or business opportunities
Loss of data, goodwill, or other intangible losses
Business interruption or downtime
Cost of procurement of substitute goods or services
Any damage to your website, server, or digital infrastructure
Any unauthorized access to or use of your data
Any bugs, viruses, or errors transmitted through the Service

THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT ACTUALLY PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50.00 USD).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless Nilbug LLC, its developer(s), officers, directors, employees, affiliates, agents, contractors, licensors, service providers, subcontractors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to reasonable attorney's fees and court costs) arising from or related to:

Your use of, or inability to use, the Service
Your violation of these Terms or any applicable law
Your violation of any rights of a third party
Any content you submit, post, or transmit through the Service
Any changes you make to your website based on recommendations or data provided by the Service
Any claim by a third party related to your website's performance or availability

This indemnification obligation will survive the termination of these Terms and your use of the Service.

11. Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will cease immediately. All provisions that by their nature should survive termination shall survive.

12. Governing Law and Dispute Resolution

These Terms shall be interpreted and governed by the laws of the State of New York, United States, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved within thirty (30) days, either party may submit the dispute to binding arbitration in Albany, New York, administered by a mutually agreed-upon arbitrator. The arbitration shall be conducted in English and the decision shall be final and binding.

For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Albany County, New York.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect via email notification or a prominent notice on the Service.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service and uninstall the plugin.

14. Severability

If any provision of these Terms is held to be unenforceable or invalid by a court of competent jurisdiction, such provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

15. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, pandemics, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, failure of telecommunications or internet infrastructure, hacking, spam, or any failure of any third-party computer hardware or software.

16. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Nilbug LLC regarding the use of the Service. These Terms supersede any prior agreements, communications, or proposals, whether electronic, oral, or written, between you and us regarding the Service.

A waiver of any provision of these Terms shall not be deemed a further or continuing waiver of such provision or any other provision.

17. Contact Information

Questions about these Terms of Service?

Business Entity: Nilbug LLC
Address: 418 Broadway, #5716 Albany, NY 12207
Email: hello@sitepulse.me
Website: Contact Page
GitHub: github.com/frederickgzmn