Terms of service.

These Terms of Service (the “Terms”) govern the contractual relationship between:

• You as a User of the website https://foundersdeck.dev (the “Website”) and/or as a Customer (hereinafter referred to together as “User”, “Customer”, “you” or “your”) on the one hand, and
• Engin Yildirim, Jägerstrasse 20, 78054 Villingen-Schwenningen, Germany (hereinafter referred to as “FoundersDeck”, “we” or “our”) on the other hand,

collectively hereinafter referred to as the “Parties” and individually as a “Party”.

These Terms describe your rights and responsibilities as a User of our Website and Customer of our Services (as defined below). You indicate your agreement to these Terms by accessing the Website, by using our Services, or by checking the “I agree” checkbox at the time you register an account with FoundersDeck (whichever is relevant).

“Registration Data”

means email address and password.

“Status Page(s)”

are pages hosted by FoundersDeck that display current and historical status and uptime information of your products and services.

“Monitoring Service”

means the uptime monitoring services provided by FoundersDeck, including HTTP/HTTPS checks, incident detection, response-time measurement and alert notifications as further described on the Website.

“Services”

means the Monitoring Service, Status Pages, alert channels, uptime badges and all other services provided by FoundersDeck to Customer through the Website.

“Subscription Term”

means the period during which the Customer’s paid subscription is active (monthly or yearly, depending on the plan selected).

“Entrepreneur”

is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial, business or independent professional activity (§ 14 BGB).

“Consumer”

is any natural person who completes a transaction for purposes which cannot be predominantly classified as being for the purpose of a commercial or self-employed professional occupation (§ 13 BGB).

By using the Website and the Services, you represent and warrant that:

• All registration information you submit is true, accurate, current and complete;
• You will maintain the accuracy of such information and promptly update it as necessary;
• You have the legal capacity to agree to these Terms;
• You are not a minor in the jurisdiction in which you reside;
• You will not access the Website through automated or non-human means (bots, scripts) except for our public, documented API endpoints;
• You will not use the Website for any illegal or unauthorised purpose;
• Your use of the Website will not violate any applicable law or regulation.

If you provide information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website.

You shall not:

• Use the Services to monitor websites and systems you do not own, operate or to which you have not been given authorised access;
• Engage in actions that may have an adverse effect on the stability and performance of the Services or other customers (FoundersDeck may set limits through quotas, rate limits and other mechanisms);
• Engage in any activity intended to harm FoundersDeck’s systems, other customers, other systems or end-users of other services;
• Distribute, publish, send or facilitate the sending of unsolicited mass email or other messages;
• Use, or facilitate use of, the Services in a manner which violates any applicable law or regulation;
• Impersonate any person or entity, or misrepresent your affiliation with a person or entity;
• Collect personal information about other users, or intimidate, threaten, stalk or otherwise harass other users;
• Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Services, users or third parties.

FoundersDeck reserves the right to suspend or terminate your account if, in its reasonable discretion, you are engaging in activities that violate these Terms.

The Services allow you to post monitor configurations, status-page content, custom logos and related material (“Your Content”). You are responsible for Your Content, including its legality, reliability and appropriateness.

You grant FoundersDeck a limited, non-exclusive, royalty-free licence to use Your Content solely to the extent necessary to operate, provide and display the Services. FoundersDeck will not edit or revise the substance of Your Content.

You retain all rights to Your Content. You may remove Your Content by deleting it; copies may remain in backup systems for a limited period before automatic expiry.

You may not post or otherwise make available through the Services:

• Content that is libellous, defamatory, fraudulent or deceptive;
• Content that is illegal or unlawful or would otherwise create liability;
• Content that infringes any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual-property right;
• Mass or repeated promotions, political campaigning or commercial messages directed at users who do not follow you (spam);
• Private information of any third party (addresses, phone numbers, email addresses, payment-card numbers);
• Viruses, corrupted data or other harmful or destructive files or code.

FoundersDeck provides Services on a subscription basis to Customers as follows: the Free plan is available to every registered user; the paid plans are available to Entrepreneurs only (see Section 14). The Services include:

• The Monitoring Service (HTTP/HTTPS uptime checks at configurable intervals, incident detection, response-time measurement);
• Status Pages (public pages displaying monitor status, uptime history and incident timeline, optionally served on a custom domain);
• Alert notifications via email, Slack, Discord and generic webhooks;
• Embeddable SVG uptime badges (paid plans only);
• Data export and account self-service in your dashboard.

The specific features and limits of each plan are described on our pricing page and may be updated in accordance with Section 11 of these Terms.

6.1 Plans

FoundersDeck offers one permanent free plan (“Free”) and paid plans (currently: Starter, Pro and Scale) as described on the Website. FoundersDeck does not offer a time-limited free trial; the Free plan is available to every registered user without time restriction and without requiring a payment method.

6.2 Payment

Payment for paid plans is handled by Polar Software, Inc. (“Polar”) as our Merchant of Record and authorised reseller. Polar is the seller in the purchase transaction; the purchase is additionally governed by Polar’s Checkout Buyer Terms, which are presented at checkout. FoundersDeck provides the Services and these Terms govern their use. Polar accepts payment via credit card and other methods listed on its checkout page. Prices shown on the Website include VAT. The applicable tax is calculated by Polar based on the billing address and shown before payment is completed.

6.3 Subscription term and renewal

Unless otherwise agreed, each paid plan is offered for a Subscription Term of one (1) month or one (1) year (depending on the billing cycle selected) and comes into force upon successful payment. Each paid subscription automatically renews for a Subscription Term of the same duration as the previous Subscription Term, unless cancelled by the Customer before the end of the then-current term.

6.4 Cancellation and account deletion

You may cancel a paid subscription at any time from your account settings or via the Polar customer portal. Cancellation takes effect at the end of the then-current Subscription Term; no refunds or credits are provided for the remaining period unless required by mandatory applicable law. Refunds and chargebacks are handled by Polar in accordance with its Checkout Buyer Terms.

You may close your FoundersDeck account at any time by sending an email from your registered email address to info@foundersdeck.dev. We will delete the account and all associated data within thirty (30) days; please cancel any paid subscription beforehand.

You may configure your Status Pages with your company name, brand, logo or other trademark, as well as images, text and other look-and-feel elements (collectively, “Your Configurations”). You are solely responsible for Your Configurations and for any rights required to use them.

The Free plan displays a discreet “Powered by FoundersDeck” attribution on public Status Pages. Paid plans may remove this attribution as further described on the Website.

You may create a hyperlink to the Services. However, you may not frame or use framing techniques to enclose any FoundersDeck trademarks, logos or other proprietary information without our prior written consent.

FoundersDeck makes no claim or representation regarding, and accepts no responsibility for, (i) third-party websites accessible by hyperlink from the Services, or (ii) websites linking to the Services.

Both Parties shall comply with applicable data-protection laws and regulations, in particular Regulation (EU) 2016/679 (“GDPR”).

Where Customer uses the Services to process personal data of third parties (including end-users of Customer’s websites and status-page subscribers), Customer acts as Controller and FoundersDeck acts as Processor within the meaning of Art. 4 GDPR. The corresponding processor obligations are governed by our Data Processing Agreement (DPA), which forms an integral part of these Terms and is automatically entered into between the Parties upon acceptance of these Terms.

FoundersDeck may immediately suspend the Services if there is a reasonable suspicion that Customer’s use violates applicable law or the rights of third parties. FoundersDeck will notify Customer and lift the suspension once the suspicion no longer exists.

Information on how we process personal data is available in our Privacy Policy.

Customer is responsible for (i) maintaining the security of their account, and (ii) all activities that occur under their account. In particular, Customer shall:

• Keep their access credentials confidential and protect them against access by third parties;
• Inform FoundersDeck immediately at info@foundersdeck.dev if there is a suspicion that access credentials have become known to unauthorised persons;
• Obtain the necessary consents from any data subjects whose personal data Customer processes via the Services, where no other legal basis applies;
• Notify FoundersDeck of defects in the provision of the Services without undue delay after becoming aware of them.

FoundersDeck reserves the right to modify, add to or discontinue Services provided free of charge at any time. We will take the legitimate interests of Customers into account when making such changes.

FoundersDeck may amend these Terms at any time. Customers will be informed of material changes by email at least thirty (30) calendar days before the planned entry into force of the changes, provided that the change entails a restriction on the usability of previously generated data or other not-insignificant disadvantages. For Customers who are Entrepreneurs, the changes are deemed to have been agreed if Customer does not object within thirty (30) days of receipt of the notification; we will point out this consequence in the notification. Customers who are Consumers (Free plan) will be asked to agree to the changes expressly. If Customer objects or, in the case of Consumers, does not agree, FoundersDeck may terminate the contractual relationship with a notice period of one (1) month.

Each Party shall take appropriate steps to protect the other Party’s intellectual property and confidential information, in particular by keeping copies of such information secure and preventing unauthorised use or access.

The confidentiality obligations do not apply to information that (i) was known or generally accessible before the date of receipt, (ii) became known to the Party lawfully and without confidentiality obligations after the date of receipt, or (iii) became known to the public after the date of receipt without the receiving Party being responsible.

Customer may not use information about an intended or existing contractual cooperation with FoundersDeck for reference or marketing purposes without FoundersDeck’s prior written consent. The confidentiality obligations survive termination of the contract indefinitely as long as no exception applies.

FoundersDeck shall be liable only:

• In the event of intent or gross negligence;
• According to the provisions of the German Product Liability Act (ProdHaftG);
• In the event of injury to life, body or health;
• In the event of the assumption of a guarantee, where applicable.

In the event of any other negligent damage to property or financial assets, FoundersDeck and its affiliates shall be liable only for a breach of an essential contractual obligation (“Kardinalpflicht”), and in that case only up to the amount of the damage that is foreseeable and typical for the nature of the Services provided under these Terms. Essential contractual obligations are those whose fulfilment is a prerequisite for the proper performance of the contract and on which Customer regularly relies.

FoundersDeck is not liable for the loss of Customer data to the extent that such loss is due to Customer’s failure to back up the data and thereby ensure that lost data can be restored with reasonable effort.

The above limitations also apply (i) in the event of fault by any FoundersDeck affiliate, (ii) to the personal liability of any FoundersDeck employees or representatives.

Insofar as Services are provided free of charge (Free plan), FoundersDeck assumes no liability for damages resulting from Customer’s use of the Services, unless in the case of gross negligence or wilful misconduct, and except for injury to life, body or health. Liability under the German Product Liability Act is not excluded even when Services are provided free of charge.

Paid plans are offered to Entrepreneurs only. The paid plans (Starter, Pro and Scale) are directed exclusively at Entrepreneurs within the meaning of § 14 BGB. Before the subscription is booked, you must confirm that you are concluding the contract in the exercise of your commercial, business or independent professional activity. Consumers within the meaning of § 13 BGB cannot book paid plans; the Free plan remains available to everyone.

No right of withdrawal. Because paid plans are concluded exclusively with Entrepreneurs, the statutory right of withdrawal for consumer contracts (§§ 312g, 355 BGB) does not apply. Your right to cancel at the end of the then-current Subscription Term (Section 6.4) and any statutory rights that cannot be excluded remain unaffected.

Incorrect confirmation. If you confirm that you are acting as an Entrepreneur although you are in fact a Consumer, we may terminate the paid subscription; payments already made will be handled in accordance with Section 6.4.

You agree to indemnify and hold harmless FoundersDeck, its contractors and its licensors, and their respective directors, officers, employees and agents, from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of your breach of these Terms or your violation of third-party rights, to the extent that you are responsible for such breach or violation.

These Terms and any dispute arising out of or in connection with them, their subject matter or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

For Customers who are Entrepreneurs within the meaning of § 14 BGB, legal persons under public law or special public funds, the place of jurisdiction for all disputes arising from or in connection with these Terms is Villingen-Schwenningen, Germany. FoundersDeck remains entitled to bring an action at the Customer’s general place of jurisdiction.

We are not willing or obliged to participate in dispute-resolution proceedings before a consumer arbitration board.

Should individual provisions of these Terms be ineffective, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by the Parties with a legally effective provision that comes as close as possible to the economic sense and purpose of the ineffective provision.

Questions about these Terms may be directed to info@foundersdeck.dev.

See also our Imprint, Privacy Policy, Data Processing Agreement and Trust & Transparency pages.