Uptent — Terms of Service (AGB)
Effective: October 2025
1. Scope of Application
(1) These Terms of Service (“ToS”) apply to all agreements between Felix Raffelsberger, hereinafter referred to as “Uptent,” and its customers (hereinafter “User” or “Client”) regarding the use of the online platform Uptent (accessible at https://uptent.io).
(2) Uptent provides a web-based monitoring and maintenance tool tailored for web agencies and similar service providers. The platform enables, among other things, monitoring of websites (uptime checks, SSL monitoring, notifications, status pages).
(3) These ToS apply exclusively. Deviating, conflicting, or supplementary terms and conditions of the customer shall only become part of the contract if Uptent expressly agrees to their validity in writing.
2. Subject of the Agreement
(1) Uptent grants the Client access to the platform and its included features for the duration of the agreement.
(2) The exact scope of features is based on the service description valid at the time of contract conclusion on the Uptent website or the selected pricing plan.
(3) Uptent does not guarantee a specific level of availability or error-free operation unless explicitly agreed otherwise.
3. Registration and User Account
(1) Registration is required to use the platform.
(2) The Client agrees to provide accurate and complete information during registration and to update such information without delay in the event of changes.
(3) The Client is responsible for the security of login credentials and must keep them confidential. Disclosure to third parties is prohibited.
(4) Uptent reserves the right to suspend or delete user accounts in case of violations of these ToS or applicable law.
4. Services, Availability, and Modifications
(1) Uptent strives for high technical availability of the service (generally >99% monthly average), but cannot guarantee this.
(2) Maintenance work, enhancements, or technical issues may temporarily limit platform availability. Uptent will notify users of such interruptions where reasonably possible.
(3) Uptent may modify or further develop the platform’s features or design at any time, provided that the core functionality for the Client is not significantly affected.
5. Prices, Billing, and Payment Conditions
(1) The applicable prices are based on the price list valid at the time of contract conclusion or on the selected pricing plan on the Uptent website.
(2) All prices are exclusive of statutory value-added tax unless explicitly stated otherwise.
(3) Billing occurs monthly or annually in advance, depending on the selected plan.
(4) Payments shall be made using the payment methods offered on the platform (e.g. credit card, SEPA, Stripe).
(5) If the Client defaults on payment, Uptent is entitled to suspend access to the service until outstanding fees are settled.
6. Term and Termination
(1) The agreement is concluded for an indefinite period and may be terminated by either party with 14 days’ notice to the end of the billing period.
(2) The right to extraordinary termination for good cause remains unaffected.
(3) After termination, Client data will be deleted within 30 days, unless statutory retention obligations apply.
7. Obligations of the Client
(1) The Client agrees to use the service only within the scope of applicable laws and these Terms of Service.
(2) The Client must not upload or distribute unlawful, offensive, or security-threatening content via the platform.
(3) The Client is solely responsible for all content and data provided via its monitors or status pages.
(4) Uptent is not liable for damages caused by improper use or incorrect configuration.
8. Liability
(1) Uptent is liable without limitation only in cases of intent or gross negligence.
(2) In cases of slight negligence, Uptent is only liable for breach of essential contractual obligations (cardinal duties), limited to foreseeable and typical damages.
(3) Liability for indirect damages, lost profits, data loss, or consequential damages is excluded.
(4) Mandatory statutory liability (e.g. under product liability law, GDPR) remains unaffected.
9. Intellectual Property
(1) All rights to the software, design, and content of the platform are owned by Uptent or its licensors.
(2) The Client receives only a simple, non-transferable right of use for the duration of the agreement.
(3) Any reproduction, distribution, or use beyond the purpose of the contract is prohibited.
10. Data Protection
Processing of personal data takes place exclusively in accordance with the Privacy Policy of Uptent, available at
https://uptent.io/legal/privacy.
Uptent acts as the data controller under the GDPR and complies with all applicable data protection regulations.
11. Availability of Third-Party Services
(1) Uptent may rely on third-party providers for certain features (e.g. hosting, notifications, payment processing).
(2) Uptent assumes no liability for the availability or functionality of external services that are outside Uptent’s control.
12. Changes to the Terms of Service
(1) Uptent reserves the right to amend these ToS at any time.
(2) Changes will be communicated to the Client in text form (e.g. via email or in-app notification).
(3) If the Client does not object within 14 days after notification, the changes are deemed accepted. Uptent will explicitly inform the Client of this right to object.
13. Governing Law and Jurisdiction
(1) These ToS are governed exclusively by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) For all disputes arising out of or in connection with this agreement, the exclusive jurisdiction of the courts of Vienna shall apply, to the extent permitted by law.
(3) If any provision of these ToS is invalid, the remaining provisions shall remain in full force and effect.
14. Final Provisions
(1) Any side agreements, amendments, or additions must be made in written form.
(2) Uptent may transfer rights and obligations under this agreement in whole or in part to third parties, provided the Client’s legitimate interests are not unreasonably impaired.
(3) The German version of these Terms of Service is legally binding. The English translation is provided for convenience only.
Contact
Felix Raffelsberger
Wilhelminenstraße 123, 1160 Vienna
Austria
E-Mail: [email protected]
Website: https://uptent.io