Terms of Service

1. Definitions

• "Account" means the account you create to access the Service.
• "Customer Data" means data, content, and information submitted by you to the Service, including monitor configurations, incident data, and team information.
• "User" means any individual who accesses the Service through your Account.
• "Subscription" means the paid or free plan you select for the Service.
• "Monitored Endpoints" means the URLs, servers, or services you configure the Service to monitor.

2. Description of Service

Encompass provides infrastructure monitoring and incident management services, including:

• Uptime Monitoring: HTTP, HTTPS, TCP, and DNS checks at configurable intervals
• Heartbeat Monitoring: Tracking of cron jobs and scheduled tasks via check-in URLs
• Incident Management: Creation, tracking, and resolution of service incidents
• On-Call Scheduling: Rotation schedules and escalation policies for team alerting
• Status Pages: Public-facing pages to communicate service health to your users
• Integrations: Alert delivery via Slack, Discord, Microsoft Teams, email, SMS, webhooks, and other channels

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an Account. You agree to provide accurate, current, and complete information during registration and to update such information as needed. You must be at least 18 years old to create an Account.

3.2 Account Security

You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to:

• Use a strong, unique password for your Account
• Enable two-factor authentication when available
• Notify us immediately at security@encompass.gg of any unauthorized access
• Not share your credentials with third parties

3.3 Organization Accounts

If you create an organization Account, you may invite team members to access the Service. You are responsible for the actions of all Users within your organization and for ensuring they comply with these Terms.

4. Subscription Plans and Billing

4.1 Plans

We offer free and paid Subscription plans with different features and usage limits. Current plan details and pricing are available at encompass.gg/pricing. We may modify our plans and pricing with at least 30 days' notice to existing subscribers.

4.2 Free Plan

The free plan is provided at no cost with limited features. We reserve the right to modify or discontinue the free plan at any time. Free plan Accounts that remain inactive for more than 12 months may be deleted after notice.

4.3 Paid Subscriptions

Paid Subscriptions are billed in advance on a monthly or annual basis. All fees are stated in US dollars and are non-refundable except as expressly stated in these Terms or as required by applicable law. Payment is processed securely through Stripe.

4.4 Free Trials

We may offer free trials of paid features. At the end of the trial period, you will be automatically moved to the free plan unless you provide payment information and select a paid Subscription. We will not charge you without explicit consent.

4.5 Cancellation and Refunds

You may cancel your paid Subscription at any time through your Account settings. Cancellation takes effect at the end of the current billing period. We offer a 30-day money-back guarantee for first-time subscribers of annual plans. To request a refund, contact billing@encompass.gg within 30 days of your initial purchase.

4.6 Taxes

All fees are exclusive of taxes. You are responsible for paying any applicable taxes based on your location. We will collect and remit taxes where legally required.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes. You shall not:

• Monitor endpoints, systems, or services you do not own or have explicit permission to monitor
• Use the Service to conduct denial-of-service attacks, security testing, or vulnerability scanning against third parties
• Exceed the usage limits of your Subscription plan in a manner that degrades service for other users
• Attempt to probe, scan, or test the vulnerability of the Service or bypass security measures
• Use automated means to scrape, collect, or harvest data from the Service beyond normal API usage
• Resell, sublicense, or redistribute the Service without our written consent
• Use the Service to transmit malware, spam, or malicious content
• Impersonate another person or entity or misrepresent your affiliation
• Violate any applicable laws, regulations, or third-party rights

We reserve the right to suspend or terminate Accounts that violate this Acceptable Use Policy without prior notice.

6. Service Level Agreement

6.1 Uptime Commitment

For paid Subscriptions, we commit to 99.9% monthly uptime for the core monitoring platform, measured as the percentage of time the Service is available to receive API requests and perform scheduled checks.

6.2 Exclusions

The uptime commitment excludes: (a) scheduled maintenance with at least 24 hours' notice, (b) force majeure events, (c) issues caused by factors outside our reasonable control, (d) issues resulting from your actions or inactions, and (e) issues with third-party services.

6.3 Service Credits

If we fail to meet the 99.9% uptime commitment, you may be eligible for service credits. Credits must be requested within 30 days of the incident by emailing support@encompass.gg. Credits are calculated as a percentage of your monthly fees and may not exceed one month's fees.

7. Customer Data and Privacy

7.1 Your Data

You retain all rights to your Customer Data. By using the Service, you grant us a limited, non-exclusive license to process your Customer Data solely to provide, maintain, and improve the Service.

7.2 Data Processing

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7.3 Data Export

You may export your Customer Data at any time through the Service or by contacting support. Upon Account termination, we will retain your data for 30 days to allow for export, after which it will be deleted.

7.4 Aggregated Data

We may use aggregated, anonymized data derived from your use of the Service for analytics, benchmarking, and service improvement purposes. Such data will not identify you or your organization.

8. Intellectual Property

8.1 Our Rights

The Service, including its software, design, features, documentation, and all related intellectual property, is owned by Encompass and protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any rights to our trademarks, service marks, or logos.

8.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your Subscription period.

8.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without obligation to you.

9. Third-Party Services

The Service integrates with third-party services (Slack, Discord, PagerDuty, etc.). Your use of these integrations is subject to the terms and privacy policies of those third parties. We are not responsible for the availability, functionality, or practices of third-party services.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT GUARANTEE THAT OUR MONITORING WILL DETECT ALL ISSUES WITH YOUR SYSTEMS OR PREVENT DOWNTIME OR DATA LOSS. YOU ACKNOWLEDGE THAT NO MONITORING SYSTEM CAN PROVIDE 100% COVERAGE OR ACCURACY.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENCOMPASS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, REVENUE, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

12. Indemnification

You agree to indemnify, defend, and hold harmless Encompass and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or third-party rights
• Your Customer Data or Monitored Endpoints

13. Termination

13.1 Termination by You

You may terminate your Account at any time by canceling your Subscription and deleting your Account through the Service settings, or by contacting support@encompass.gg.

13.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice, if:

• You breach these Terms or the Acceptable Use Policy
• Your payment method fails and is not resolved within 7 days
• We are required to do so by law
• We discontinue the Service (with at least 30 days' notice)

13.3 Effect of Termination

Upon termination, your right to use the Service will cease immediately. You may request an export of your Customer Data within 30 days of termination. Sections that by their nature should survive termination will survive, including intellectual property, disclaimers, limitations of liability, and indemnification.

14. Dispute Resolution

14.1 Informal Resolution

Before filing any formal dispute, you agree to first contact us at legal@encompass.gg to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days.

14.2 Arbitration

If informal resolution fails, any dispute shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in English and take place in Wilmington, Delaware, or remotely at your election. The arbitrator's decision shall be final and binding.

14.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive the right to participate in a class action, collective action, or representative proceeding.

15. General Provisions

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

15.2 Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes by email or through the Service at least 30 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms.

15.3 Entire Agreement

These Terms, together with the Privacy Policy and any order forms or agreements referencing these Terms, constitute the entire agreement between you and Encompass regarding the Service.

15.4 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

15.5 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.6 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

16. Contact Information

For questions about these Terms, please contact us: