Terms of Service

1. Acceptance of Terms

By accessing or using PerkyDash ("Service"), operated by Teamlab S.r.l. (P.IVA IT03992200133), a company incorporated under the laws of Italy, you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Teamlab S.r.l.

"You" refers to any individual, company, or legal entity that accesses or uses the Service, including account holders, team members, and workspace client users.

If you do not agree to these Terms in their entirety, you must not access or use the Service. If you are agreeing to these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2. Description of Service

PerkyDash is an uptime monitoring and incident management platform. The Service provides the following capabilities, which may vary by plan:

• HTTP/HTTPS uptime monitoring and performance checks
• SSL certificate expiry tracking
• Domain/WHOIS expiry tracking
• Ping and TCP port monitoring
• Heartbeat (cron job) monitoring
• Multi-step process monitoring
• AI-powered visual diff change detection
• Incident management and timeline analysis
• Alert notifications (email, Slack, Discord, webhooks)
• Public status pages with subscriber notifications
• AI-generated weekly monitoring summaries
• White-label dashboard and branding (Agency plans)
• Client workspaces and workspace client user access (Agency plans)
• Multi-region monitoring

Features, functionality, and the scope of the Service may change at any time. We will make reasonable efforts to notify users of material changes, but we reserve the right to modify, add, or discontinue features without prior notice.

3. Account Types

PerkyDash offers the following account types, each with different capabilities and responsibilities:

3.1. Individual Accounts (Pro, Pro Plus)

Individual accounts are designed for personal or single-organization monitoring. The account holder is responsible for all activity on the account. Individual accounts do not include multi-user, workspace, or white-label capabilities.

3.2. Agency Accounts (Starter, Pro, Business)

Agency accounts are designed for companies and agencies that monitor infrastructure on behalf of multiple clients. Agency accounts may include multi-user team management, client workspaces, and white-label capabilities depending on the plan. The agency account owner ("Agency Owner") is responsible for all activity on the account, including actions performed by team members and workspace client users.

3.3. Workspace Client User Accounts

Workspace client user accounts are created and managed by an agency. These accounts are scoped to a single workspace and have permissions determined by the agency. Workspace client users are not direct customers of Teamlab S.r.l. and do not have an independent contractual relationship with Teamlab S.r.l. The agency is solely responsible for managing, supporting, and communicating with its workspace client users.

4. Accounts & Authentication

When creating and maintaining an account, you must:

• Provide accurate, current, and complete account information
• Authenticate using email and password, Google, or GitHub as provided by the Service
• Maintain the security and confidentiality of your account credentials
• Immediately notify us of any unauthorized access to your account
• Be responsible for all actions performed through your account

If you are an Agency Owner, you are additionally responsible for:

• All actions performed by team members you invite to your account
• All actions performed by workspace client users created under your account
• Ensuring that all users under your account comply with these Terms
• Managing permissions, access levels, and resource allocations for your users

5. Acceptable Use

You may not use PerkyDash to:

• Monitor systems you do not own or have explicit permission to access
• Perform abusive scanning or excessive high-frequency probing
• Interfere with or disrupt the Service or its infrastructure
• Circumvent rate limits, security features, or access controls
• Attempt unauthorized access to any system, network, or data
• Use the Service for unlawful, fraudulent, or harmful purposes
• Reverse-engineer, decompile, or replicate core Service functionality
• Misrepresent PerkyDash as your own proprietary software in legal documents, contracts, regulatory filings, or court proceedings (white-label branding for client-facing purposes is permitted; claiming intellectual property ownership is not)
• Use the Service to provide monitoring-as-a-service or any other service in violation of applicable laws or regulations

We reserve the right to suspend or terminate accounts that violate these rules, with or without prior notice depending on the severity of the violation.

6. White-Label & Agency Terms

This section applies to all Agency account holders. By subscribing to an Agency plan, you agree to the following additional terms.

6.1. White-Label License

Agency plans that include white-label capabilities grant the Agency Owner a non-exclusive, non-transferable, revocable license to rebrand the PerkyDash user interface—including logo, colors, fonts, custom domain, and email branding—for the sole purpose of offering monitoring services to the agency's own clients.

This license does not transfer any intellectual property rights. The underlying software, source code, algorithms, architecture, technology, and infrastructure remain the exclusive property of Teamlab S.r.l. The white-label license is valid only for the duration of an active, paid Agency subscription. Upon cancellation, termination, or downgrade to a non-Agency plan, the white-label license is immediately revoked.

6.2. Agency-Client Relationship

The agency is the sole party responsible for its relationship with its clients. Teamlab S.r.l. has no contractual, legal, commercial, or support relationship with the agency's clients or their end users.

The agency's clients are not customers of Teamlab S.r.l. or PerkyDash. Teamlab S.r.l. does not provide support, warranties, representations, or guarantees of any kind to the agency's clients, whether directly or indirectly.

If the agency's clients experience any issues—including but not limited to downtime, missed or delayed alerts, data loss, inaccurate monitoring results, service interruptions, or any other problem—the agency is solely and entirely responsible for handling such issues with its clients. The agency agrees that Teamlab S.r.l. shall bear no liability whatsoever toward the agency's clients.

6.3. Agency Obligations

As an Agency account holder, you are required to:

• Maintain your own terms of service and privacy policy governing the relationship between you and your clients
• Not represent, claim, or imply in any legal document, contract, proceeding, or public statement that PerkyDash or its underlying technology is your proprietary software or intellectual property
• Be responsible for the accuracy, completeness, and legality of data provided by your team members and workspace client users
• Ensure that your clients and all users under your account comply with the acceptable use policy set forth in Section 5
• Communicate the limitations and disclaimers of the monitoring service (as described in Sections 7 and 8) to your own clients
• Not use the white-label branding to deceive, mislead, or defraud your clients or any third party

6.4. Client User Accounts

Workspace client user accounts are created, managed, and controlled exclusively by the agency. The agency determines client user permissions, workspace assignments, and resource quotas.

Teamlab S.r.l. is not responsible for any actions taken by workspace client users, including but not limited to misconfiguration of monitors, unauthorized access, or data modifications.

If an agency account is terminated, suspended, or cancelled for any reason, all associated workspaces, team members, workspace client user accounts, monitors, incidents, status pages, and data are subject to termination and deletion in accordance with Section 14 of these Terms.

6.5. Custom Domain & Branding

Agencies using custom domain functionality are solely responsible for DNS configuration, domain ownership, and domain renewal. Teamlab S.r.l. is not liable for DNS misconfigurations, expired domains, or domain ownership disputes.

SSL certificates for custom domains are auto-provisioned via Let's Encrypt. Teamlab S.r.l. does not guarantee continuous or uninterrupted SSL certificate availability. Certificate issuance, renewal, and availability are subject to Let's Encrypt's policies and operational status.

Branded emails are sent on behalf of the agency using the agency's configured branding. The agency is responsible for its email deliverability reputation and compliance with applicable email regulations (including but not limited to CAN-SPAM and GDPR). Teamlab S.r.l. is not responsible for emails being marked as spam, rejected, or undelivered.

7. Service Levels & Availability

The Service is provided on an "as is" and "as available" basis. Teamlab S.r.l. does not provide any Service Level Agreement (SLA) and makes no guarantees regarding uptime, availability, or performance of the Service.

We do not guarantee:

• Continuous, uninterrupted, or error-free availability of the Service
• Accuracy, completeness, or timeliness of monitoring results
• Timely or guaranteed delivery of notifications and alerts
• Compatibility with all infrastructures, configurations, or third-party services
• Availability or performance of specific monitoring probe regions

Multi-region monitoring is provided on a best-effort basis. Probe availability, distribution, and coverage may vary over time and are subject to change without notice.

8. Monitoring Disclaimer (Critical)

PerkyDash performs automated uptime checks, performance measurements, and incident notifications on endpoints you choose to monitor.

You explicitly acknowledge and agree that:

1. PerkyDash does not guarantee that monitoring checks will run without interruption, delay, data loss, or errors.
2. PerkyDash does not guarantee that incident notifications (email, webhook, Slack, Discord, or any other form of alert) will be delivered, received, or acted upon in a timely manner.
3. Monitoring results may be delayed, incomplete, or unavailable due to factors including (but not limited to):
   • Network issues or routing problems
   • DNS propagation or resolution failures
   • Infrastructure outages or degradation
   • Hosting disruptions
   • Rate limiting or IP blocking by target servers
   • Misconfiguration of monitors by the user
   • Third-party provider issues (OVH, Brevo, Stripe, Google, GitHub, Let's Encrypt, OpenAI)
   • DDoS attacks or cybersecurity incidents
4. You remain solely responsible for the uptime, security, maintenance, configuration, and operation of your own servers, APIs, websites, and infrastructure.
5. PerkyDash is not responsible or liable for:
   • Downtime of your servers, APIs, or any monitored endpoints
   • Financial loss, revenue loss, or business interruption
   • Security breaches or data loss on your infrastructure
   • Consequences of missing, delayed, or failed notifications
   • False positives or false negatives in monitoring
   • Misconfigured checks, incorrect thresholds, or user errors
   • Outages caused by third-party dependencies
   • Damage to reputation or client relationships
6. Monitoring and notifications are provided on a best-effort basis only. They do not replace adequate DevOps, observability, or security practices on your side.

For Agency accounts: This disclaimer applies equally to monitoring performed on behalf of your clients. As an agency, you acknowledge that you are responsible for communicating these limitations and disclaimers to your own clients. White-label branding does not change the nature of the Service, does not create any additional guarantees, and does not establish any relationship between Teamlab S.r.l. and your clients.

9. Indemnification

You agree to indemnify, defend, and hold harmless Teamlab S.r.l., its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees and court costs) arising from or related to:

1. Your use of the Service, including any monitoring activity performed through your account
2. Your violation of these Terms or any applicable law or regulation
3. Any claims made by your clients, end users, or third parties in connection with your use of the Service, including but not limited to claims arising from:
   • Missed, delayed, or inaccurate monitoring alerts
   • Service interruptions or downtime
   • Data loss, data inaccuracy, or data breaches
   • The white-label presentation of the Service
   • Any promises, representations, warranties, or guarantees you make to your clients about the Service's capabilities, accuracy, or reliability
4. Your failure to maintain adequate terms of service, privacy policies, or other legally required agreements with your own clients
5. Any dispute between you and your clients, end users, team members, or any third party
6. Your failure to comply with applicable laws regarding data protection, email communication, or any other regulatory requirement

This indemnification obligation survives termination of your account and these Terms.

10. Limitation of Liability

To the fullest extent permitted by applicable law:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise.
• Teamlab S.r.l. expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.
• Teamlab S.r.l. shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to your use of or inability to use the Service.

This includes (but is not limited to) damages arising from:

• Downtime of your servers, APIs, or monitored endpoints
• Lost revenue, profit, business opportunities, or goodwill
• Missed, delayed, or failed alerts and notifications
• Damage to reputation or client relationships
• Loss or corruption of data
• Service interruptions or degraded performance
• Third-party service failures
• Configuration errors or user mistakes
• False positives or false negatives in monitoring
• Claims by your clients, end users, or third parties

Even if Teamlab S.r.l. has been advised of the possibility of such damages.

Aggregate Liability Cap: In no event shall the total aggregate liability of Teamlab S.r.l. for all claims arising out of or related to these Terms or the Service exceed the amounts actually paid by you to Teamlab S.r.l. in the twelve (12) months immediately preceding the event giving rise to the claim. If you have not paid any amounts to Teamlab S.r.l., the maximum aggregate liability shall be one hundred euros (€100).

This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and regardless of whether Teamlab S.r.l. has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the liability of Teamlab S.r.l. shall be limited to the maximum extent permitted by applicable law.

Your use of PerkyDash is at your own risk.

11. Force Majeure

Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms due to circumstances beyond its reasonable control ("Force Majeure Event"), including but not limited to: acts of God, natural disasters, pandemics, epidemics, war, armed conflict, terrorism, riots, civil unrest, government actions or regulations, embargoes, sanctions, power failures, internet or telecommunications failures, DDoS attacks, cyberattacks, ransomware, infrastructure provider outages (including but not limited to OVH, Cloudflare, Let's Encrypt, and other third-party providers), fire, flood, earthquake, or any other event beyond the reasonable control of the affected party.

During a Force Majeure Event, the affected party's obligations shall be suspended for the duration of the event. The affected party shall make reasonable efforts to mitigate the impact and resume performance as soon as practicable.

12. Pricing & Plans

PerkyDash offers the following plans:

Individual Plans

• Free Trial — limited features, time-limited
• Pro — €9/month
• Pro Plus — €29/month

Agency Plans

• Starter — €49/month (2 workspaces included, +€10/extra workspace)
• Pro — €149/month (15 workspaces included, +€10/extra workspace)
• Business — €299/month (50 workspaces, +€10/extra workspace)

All prices are exclusive of applicable taxes, including VAT. You are responsible for paying any applicable taxes in your jurisdiction.

Prices may change with at least 30 days' prior notice. Notice will be provided via email or in-app notification. Continued use of the Service after a price change constitutes acceptance of the new pricing.

Feature availability varies by plan and may change over time. Refer to the pricing page for current plan details.

13. Payment & Billing

All payments are processed by Stripe. Teamlab S.r.l. does not store your credit card numbers or payment details. Your payment information is handled in accordance with Stripe's terms and privacy policy.

By subscribing to a paid plan, you authorize Stripe to charge recurring payments based on your billing cycle (monthly or annual). Charges are processed automatically on each billing date.

If a payment fails, we may attempt to retry the charge. Persistent payment failures may result in suspension or termination of your account and access to paid features.

No refunds will be issued for partial billing periods, unused time, or plan downgrades, unless otherwise required by applicable law.

14. Cancellation & Termination

14.1. User Cancellation

You may cancel your plan at any time through your dashboard.

Upon cancellation:

• Your subscription will remain active until the end of the current billing period
• Monitoring data will follow the retention rules in Section 15
• You may delete your account entirely at any time through your account settings

14.2. Suspension or Termination by Teamlab S.r.l.

We may suspend or terminate accounts for:

• Abuse or prohibited use as described in Section 5
• Security risks to the Service or other users
• Non-payment or persistent payment failures
• Violation of these Terms
• Actions that harm the stability, integrity, or reputation of the Service
• Any other reason, with at least 30 days' prior notice

14.3. Effect of Agency Account Termination

Upon termination or cancellation of an Agency account, all associated workspaces, team member accounts, workspace client user accounts, monitors, incidents, status pages, and all related data will be scheduled for permanent deletion.

A 30-day grace period will be provided following termination, during which the Agency Owner may request data export. After the grace period expires, all data will be permanently and irreversibly deleted. Teamlab S.r.l. is not responsible for any loss resulting from account termination.

15. Data Retention

Monitoring logs, incident history, and historical data are automatically deleted according to your plan's retention policy:

• Free Trial — 30 days
• Pro / Pro Plus — 90 days
• Agency plans (Starter, Pro, Business) — 365 days

After the retention period expires, data is permanently and irreversibly deleted. Teamlab S.r.l. cannot restore deleted data under any circumstances. It is your responsibility to export any data you wish to retain before the retention period expires.

16. Intellectual Property

All software, source code, object code, algorithms, design, user interface, trademarks, trade names, service marks, logos, branding, documentation, and all other technology and intellectual property embodied in or related to the Service are and shall remain the exclusive property of Teamlab S.r.l.

You may not copy, modify, distribute, sell, license, reverse-engineer, decompile, disassemble, or create derivative works of any part of the Service without the express prior written permission of Teamlab S.r.l.

The white-label license granted under Section 6.1 does not transfer any intellectual property rights. The white-label license is limited to the visual rebranding of the user interface and does not grant any rights to the underlying technology, code, or infrastructure.

User-generated content—including monitor configurations, status page content, incident descriptions, and team settings—remains the property of the user who created it. You grant Teamlab S.r.l. a limited license to store, process, and display such content solely for the purpose of providing the Service.

17. Third-Party Services

PerkyDash relies on third-party services and providers, including but not limited to:

• OVH — hosting and infrastructure
• Stripe — payment processing and billing
• Google — authentication and analytics
• GitHub — authentication
• Brevo — transactional email delivery
• Let's Encrypt — SSL certificate provisioning
• OpenAI — AI-powered summaries and analysis

Teamlab S.r.l. is not responsible for the availability, performance, accuracy, or security of these third-party services. Issues caused by third-party providers are outside our control and do not constitute a breach of these Terms.

18. Modifications to Terms

Teamlab S.r.l. reserves the right to modify these Terms at any time. For material changes, we will provide at least 30 days' notice via email or in-app notification before the changes take effect.

Updated Terms will be posted on this page with a revised "Last Updated" date. Your continued use of the Service after the effective date of any modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the Service.

19. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of Italy, without regard to its conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the Tribunale di Como, Italy.

For consumers residing in the European Union: nothing in these Terms shall affect your rights under mandatory consumer protection laws of your country of residence. If mandatory local consumer protection law provides you with broader protections, those protections shall apply.

20. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect, and the invalidity of any single provision shall not affect the validity of the remaining Terms.

21. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Teamlab S.r.l. with respect to the Service and supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral, relating to the Service. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

22. Contact

For questions, concerns, or legal matters regarding these Terms, please contact us at:

Teamlab S.r.l.

P.IVA IT03992200133

Email: support@perkydash.com