Terms of Service

1. Agreement to Terms

Welcome to Is It Down? ("is-it-down.app"). By accessing or using our website and services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and SnapIT Software ("Company," "we," "us," or "our"), the operator of Is It Down? and part of the HTTP Tiger family of products.

2. Description of Service

Is It Down? is a free website status checking tool that allows users to determine whether a website is down for everyone or just for them. Our Service provides:

• Real-time website availability checks from multiple global locations
• HTTP response time and status code reporting
• Quick-check access for popular websites (Facebook, YouTube, Netflix, etc.)
• Instant results typically delivered in under 2 seconds

Is It Down? is part of the HTTP Tiger family of monitoring products by SnapIT Software. For advanced monitoring features such as 24/7 automated checks, alert notifications, and uptime history, users may upgrade to paid plans powered by the HTTP Tiger platform.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. User Accounts

The basic website status checking functionality of Is It Down? does not require an account. However, if you choose to create an account for access to advanced features or paid plans (powered by HTTP Tiger), you agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access or use of your account

You must be at least 13 years of age to use the Service. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe pose a risk to our Service, infrastructure, or other users.

4. Acceptable Use

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

• Use the Service to conduct denial-of-service attacks, flood, or overwhelm any website or server
• Use automated scripts, bots, or tools to make excessive or abusive numbers of status check requests
• Attempt to circumvent any rate limits, security measures, or access controls
• Use the Service to monitor websites you do not own or have authorization to check in a manner that constitutes harassment or abuse
• Misrepresent the results or status information provided by the Service
• Use the Service in any way that violates applicable local, state, national, or international law or regulation
• Reverse engineer, decompile, or disassemble any part of the Service
• Interfere with or disrupt the integrity or performance of the Service
• Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service
• Use the Service to distribute malware, viruses, or any other harmful code

5. Payment Terms

Is It Down? offers a free tier for manual website status checks that requires no payment and no account creation. This free service is provided at our discretion and may be modified at any time.

For users who wish to access premium monitoring features, paid subscription plans are available through HTTP Tiger. The following terms apply to paid subscriptions:

• Payment Processing: All payments are processed securely through Stripe. We do not store your complete payment card information on our servers.
• Subscription Billing: Paid plans are billed in advance on a monthly or annual basis, depending on your selected plan.
• Automatic Renewal: Subscriptions automatically renew at the end of each billing cycle unless cancelled before the renewal date.
• Price Changes: We may adjust pricing with 30 days' advance notice. Existing subscriptions will honor current pricing until the next renewal date.
• Refunds: We offer a 30-day money-back guarantee for annual subscriptions. Monthly subscriptions may be cancelled at any time but are non-refundable for the current billing period.
• Failed Payments: If a payment fails, we may suspend access to premium features until payment is successfully processed.
• Taxes: Prices are exclusive of applicable taxes. You are responsible for any taxes associated with your subscription.

6. Intellectual Property

The Service and its original content, features, functionality, design, and branding are owned by SnapIT Software and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Is It Down?, HTTP Tiger, and Status Tiger names, logos, and related marks are trademarks of SnapIT Software. You may not use our trademarks or trade dress without our prior written consent.

You may not copy, modify, distribute, sell, lease, or create derivative works based on any part of the Service or its content without express written permission from SnapIT Software.

We respect the intellectual property rights of others. If you believe any content on the Service infringes your rights, please see our DMCA policy in Section 12 below.

7. Data & Privacy

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

By using the Service, you acknowledge and agree that:

• We may collect and process certain data related to your use of the Service, including URLs you check, IP addresses, browser information, and usage patterns
• Check results and website status data generated by the Service are not guaranteed to be accurate and should not be relied upon as the sole indicator of website availability
• We may collect anonymized, aggregated usage statistics to improve our Service and for analytical purposes
• We use cookies and similar tracking technologies as described in our Privacy Policy
• We do not sell your personal information to third parties

If you create an account for premium features, you retain ownership of any data you submit. By using the Service, you grant us a limited license to process your data solely for the purpose of providing and improving the Service.

8. Service Availability

We strive to maintain high availability of the Service, but it is provided on an "as-is" and "as-available" basis. We do not guarantee uninterrupted or error-free operation.

• Free Tier: No service level agreement (SLA) is provided. The free status checking service may be interrupted, throttled, or modified at any time for maintenance, updates, or any other reason.
• Paid Tiers: Paid plans provided through HTTP Tiger include commercially reasonable efforts to maintain uptime. Specific SLA terms, if applicable, are documented in your subscription agreement.

We are not liable for any downtime, inaccurate results, service interruptions, or data loss that may occur while using the Service. The Service depends on third-party infrastructure, internet connectivity, and the availability of the websites being checked, none of which are within our control.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED
• WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF RESULTS
• WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE
• WE ARE NOT RESPONSIBLE FOR LOSSES OR DAMAGES CAUSED BY RELIANCE ON STATUS CHECK RESULTS, INCLUDING BUT NOT LIMITED TO MISSED OUTAGES, INACCURATE STATUS REPORTS, OR DELAYED NOTIFICATIONS
• WE ARE NOT RESPONSIBLE FOR ANY ACTIONS TAKEN OR NOT TAKEN BASED ON INFORMATION PROVIDED BY THE SERVICE
• OUR TOTAL AGGREGATE LIABILITY 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)

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. In such jurisdictions, our liability shall be limited to the fullest extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless SnapIT Software, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any rights of a third party, including intellectual property rights
• Any content you submit to or through the Service

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

11. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms.

Upon termination:

• Your right to use the Service ceases immediately
• If you have a paid account, any active monitors and associated features will be deactivated
• We may delete your account data after 30 days following termination
• Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Intellectual Property, Limitation of Liability, Indemnification, and Governing Law

You may stop using the Service at any time. If you have a paid subscription, you may cancel it through your account settings or by contacting us. Cancellation will take effect at the end of the current billing period.

12. DMCA Notice & Takedown Policy

Is It Down? / SnapIT Software respects the intellectual property rights of others and expects users of the Service to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we will respond promptly to claims of copyright infringement committed using our Service.

Filing a DMCA Notice

If you believe that content available through our Service infringes your copyright, please submit a written notification containing:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing, with sufficient detail to allow us to locate it
• Your contact information, including your name, address, telephone number, and email address
• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
• A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner

Counter-Notification

If you believe your content was removed or disabled in error or misidentification, you may submit a counter-notification containing:

• Your physical or electronic signature
• Identification of the material that was removed or disabled and the location where it previously appeared
• A statement under penalty of perjury that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification
• Your name, address, telephone number, and a statement consenting to the jurisdiction of the federal court in your judicial district (or Travis County, Texas, if you are outside the United States)

Repeat Infringers

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, accounts of users who are deemed to be repeat infringers. We may also limit access to the Service or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

DMCA Contact

Send all DMCA notices and counter-notifications to: legal@snapitsaas.com

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will notify users of material changes by:

• Posting the updated Terms on our website at is-it-down.app/terms.html
• Updating the "Last Updated" date at the top of this page
• Sending email notification for significant changes (for registered users with paid accounts)

Your continued use of the Service after any changes to these Terms constitutes your acceptance of the modified Terms. If you do not agree to the updated Terms, you must stop using the Service.

We encourage you to review these Terms periodically to stay informed of any updates.

14. Governing Law

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

Any disputes arising from or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Travis County, Texas. You consent to the personal jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

15. Contact Information

If you have questions, concerns, or feedback about these Terms of Service, please contact us:

• Company: SnapIT Software
• Email: legal@snapitsaas.com
• Website: is-it-down.app
• Parent Service: HTTP Tiger (httptiger.com)
• Support: httptiger.com/support.html

For privacy-related inquiries, please see our Privacy Policy.