API Monitor Terms and Conditions

Last updated: November 20, 2024

1. Acceptance of Terms

By downloading, installing, or using API Monitor ("the App"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not use the App.

1.1 Agreement Acknowledgment

These Terms constitute a legal agreement between you (the end-user) and Peter Minwegen ("we", "us", or "our"), not Apple Inc. or any of its subsidiaries (collectively "Apple"). Apple is not a party to these Terms and has no responsibility for the App or its content.

1.2 Compliance with Apple Media Services Terms

These Terms do not conflict with the Apple Media Services Terms and Conditions. Your use of the App must comply with the App Store Terms of Service. We reserve the right to modify these Terms at any time without prior notice.

2. License Grant and Scope

2.1 License Grant

Subject to your compliance with these Terms, Peter Minwegen grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for personal or commercial monitoring purposes solely on Apple-branded products that you own or control and as permitted by the Usage Rules in the Apple Media Services Terms.

2.2 License Restrictions

This license permits use of the App through Family Sharing or volume purchasing. The license is non-transferable; however, any product sold through Family Sharing or volume purchasing may be transferred to another family member or end-user through legitimate transfer mechanisms.

2.3 App Functionality

API Monitor is a monitoring application that allows users to:

• Monitor API endpoints and web services for availability and performance
• Receive notifications when monitored services experience issues or recover
• Track historical performance data and uptime statistics
• Configure monitoring intervals and alert preferences

3. App Store Subscriptions and Billing

3.1 Subscription Tiers

API Monitor offers the following subscription options through the App Store:

• Seats Plan: Multi-user monitoring capabilities with shared access
• Pro Plan: Advanced monitoring features and enhanced capabilities

3.2 Payment Processing

All subscription payments are processed exclusively through Apple's App Store. We do not:

• Store or process credit card information
• Handle payment processing directly
• Have access to your financial data
• Retain payment method details

Your subscription is managed entirely by Apple through your Apple ID account.

3.3 Refunds and Cancellations

All refund requests must be processed through Apple:

• Request Refunds: Visit reportaproblem.apple.com or contact Apple Support
• Cancel Subscriptions: Manage in Settings > Apple ID > Subscriptions on your device
• Refund Eligibility: Determined solely by Apple's refund policies
• Our Role: We cannot process refunds directly and will direct all refund requests to Apple

Subscription cancellations take effect at the end of the current billing period. You retain access to premium features until the subscription expires.

4. Service Limitations and Disclaimers

4.1 Monitoring Accuracy

NO GUARANTEE OF ALERT DELIVERY: We make no guarantee that monitoring alerts will be delivered timely, accurately, or at all. Monitoring services may experience delays, failures, or interruptions due to:

• Network connectivity issues
• Third-party service outages (Firebase, email providers)
• Device or operating system limitations
• App or server maintenance
• Force majeure events or circumstances beyond our control

4.2 Service Availability

The App is provided "as is" without warranty of any kind. We do not guarantee:

• Continuous or uninterrupted service availability
• That the App will be free from errors, bugs, or defects
• That monitoring results are complete or accurate
• Compatibility with all devices or operating system versions

5. Maintenance and Support

5.1 Developer Responsibility

Peter Minwegen is solely responsible for providing any maintenance and support services for the App as specified in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

6. Warranty

6.1 Developer Warranty

Peter Minwegen represents and warrants that the App conforms to any applicable specifications or descriptions. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

7. Product Claims and Intellectual Property Rights

7.1 Product Claims

Peter Minwegen acknowledges that we, not Apple, are responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including but not limited to:

• Product liability claims
• Any claim that the App fails to conform to any applicable legal or regulatory requirement
• Claims arising under consumer protection, privacy, or similar legislation

7.2 Intellectual Property Rights

Peter Minwegen acknowledges that, in the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Peter Minwegen, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

8. Legal Compliance

8.1 End-User Compliance

You must comply with applicable third party terms of agreement when using the App. You represent and warrant that:

• You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country
• You are not listed on any U.S. Government list of prohibited or restricted parties

8.2 Contact Information

You must acknowledge that Peter Minwegen, and not Apple, is responsible for addressing any questions or complaints relating to the App, including but not limited to:

• Product performance
• Legal compliance or regulatory issues
• Data protection and privacy concerns

8.3 Third Party Beneficiary

You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

9. Limitation of Liability

9.1 No Liability for Service Failures

CRITICAL DISCLAIMER: You acknowledge and agree that:

• WE ARE NOT LIABLE for any damages, losses, or consequences resulting from failed, delayed, or missed monitoring alerts
• WE ARE NOT RESPONSIBLE for any business losses, downtime, or service interruptions to your monitored endpoints
• YOU USE THE APP AT YOUR OWN RISK and should not rely solely on this App for critical monitoring needs
• YOU ARE RESPONSIBLE for implementing backup monitoring solutions for mission-critical services

9.2 Maximum Liability

In no event shall our total liability to you exceed the amount you paid for the App (if any) in the twelve (12) months preceding the claim. This limitation applies regardless of the legal theory upon which the claim is based.

10. User Responsibilities

10.1 Appropriate Use

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

• Monitor endpoints you do not own or lack permission to monitor
• Use the App to overload, attack, or harm third-party services
• Attempt to reverse engineer, decompile, or extract source code
• Use the App for any illegal or unauthorized purposes
• Share your account credentials with unauthorized parties

10.2 Data Accuracy

You are responsible for ensuring the accuracy of all information you provide, including API endpoints, contact information, and monitoring configurations. We are not responsible for monitoring failures due to incorrect or outdated information.

11. Data and Privacy

11.1 Data Modification Rights

We reserve the right to:

• Modify, update, or delete your monitoring data for technical, legal, or operational reasons
• Implement data retention policies that may result in automatic deletion of historical data
• Migrate or restructure data to improve service performance or security
• Remove or modify data that violates these Terms or applicable laws

11.2 Data Backup

You are responsible for maintaining backups of your monitoring configurations and any critical data. We do not guarantee data preservation and recommend regular exports of your monitoring settings.

12. Service Modifications and Termination

12.1 Right to Modify Service

We reserve the right to:

• Modify, suspend, or discontinue the App or any features at any time
• Change monitoring intervals, limits, or capabilities
• Update the App's functionality, user interface, or underlying technology
• Implement usage limits or restrictions

12.2 Account Termination

We may terminate or suspend your access to the App immediately, without prior notice, if you violate these Terms, engage in prohibited activities, or for any reason in our sole discretion.

13. Third-Party Services

The App relies on third-party services including Firebase and email providers. We are not responsible for:

• Third-party service outages, failures, or limitations
• Changes to third-party terms of service or pricing
• Data loss or security breaches at third-party providers
• Third-party compliance with privacy or security standards

14. Intellectual Property

The App and all related materials, including but not limited to software, design, text, graphics, and trademarks, are owned by Peter Minwegen and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the App for personal or business monitoring purposes only.

15. Indemnification

You agree to indemnify, defend, and hold harmless Peter Minwegen from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the App, violation of these Terms, or infringement of any third-party rights.

16. Additional Protective Clauses

16.1 Force Majeure

We shall not be liable for any failure or delay in performance due to events beyond our reasonable control, including but not limited to:

• Natural disasters, pandemics, or acts of God
• Government actions, regulations, or restrictions
• Internet outages, cyberattacks, or infrastructure failures
• Third-party service interruptions or dependencies
• Labor disputes, supply chain disruptions, or economic conditions

16.2 Beta Features and Experimental Functionality

The App may include beta, experimental, or preview features. These features are provided "AS-IS" without any warranties and may:

• Contain bugs, errors, or incomplete functionality
• Be removed or significantly modified without notice
• Cause data loss or service interruptions
• Not be suitable for production or critical use

Use of beta features is at your own risk.

16.3 No Professional Advice

API Monitor is a tool for monitoring purposes only and does not provide:

• Technical consulting or professional services
• Security assessments or vulnerability analysis
• System architecture or performance recommendations
• Business or operational advice

You should consult qualified professionals for technical or business decisions.

16.4 Data Export and Portability

While we provide reasonable means to export your monitoring data, we make no guarantee regarding:

• Format compatibility with other monitoring tools
• Completeness or accuracy of exported data
• Availability of export features in future versions
• Technical support for data migration

16.5 Age and Capacity Requirements

By using the App, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the App on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

17. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved through:

• Good faith negotiation first
• Binding arbitration if negotiation fails
• Courts of competent jurisdiction in the United States as a last resort

18. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Peter Minwegen regarding the App.

19. Contact Information

For questions about these Terms and Conditions:

Developer: Peter Minwegen

Address: 9254 Tiffany Lane, Fox River Grove, Illinois 60021

Email: shwayzelazy@yahoo.com

Website: Contact Us