Effective Date: May 1, 2025

1. Acceptance of Terms

By using the erty platform, the User fully accepts these Terms and Conditions.

 

2. Description of Service

erty is an uptime monitoring multi-tool that checks the availability and performance of the User's digital assets (websites, apps, e-commerce platforms, proprietary platforms, servers, domains, SSL certificates), providing immediate notifications in case of issues and tools to demonstrate service reliability through Status Pages.

 

3. Use of the Platform

The User undertakes to use the erty platform in accordance with these Terms and Conditions and applicable laws. The User agrees not to use erty for illegal, fraudulent, or harmful purposes, nor for activities that may interfere with the operation of the platform or the experience of other users.

 

4. User Account

To access and use erty, the User must create an account. The User is responsible for the truthfulness and accuracy of the information provided during registration and undertakes to keep it updated. The User is also responsible for the security of their login credentials and all activities that occur through their account.

 

5. Intellectual Property

The erty platform, software, design, logos, and all content provided by erty are the property of erty and are protected by copyright and intellectual property laws. The User retains ownership of the specific data of their digital assets monitored through the platform.

 

6. Limitation of Liability

To the maximum extent permitted by applicable law, erty shall not be liable for any indirect, consequential, incidental, special, or punitive damages arising out of or in connection with the use or inability to use the erty platform.

 

7. Disclaimer of Warranties

The erty platform is provided on an "as is" and "as available" basis, without any warranties of any kind, whether express or implied, including, but not limited to, warranties of accuracy, reliability, fitness for a particular purpose, or non-infringement.

8. Amendments to Terms

erty reserves the right to modify these Terms and Conditions at any time. Changes will be communicated to Users with two (2) weeks' prior notice via email and publication on the platform, with an updated effective date of this document. The User's continued use of the erty platform after the effective date of the changes shall constitute acceptance thereof.

 

9. Termination of Service and Account Closure

9.1 Free Trial Period: The right of withdrawal provided by consumer protection legislation is replaced by a free trial period of fourteen (14) days, during which the User has the right to terminate the service or delete their account at any time, without the need to provide reasons and without any cost, through the "User Panel -> Account -> Delete Account" section, after entering their password for confirmation.

9.2 Account Deletion by the User: The User has the right to delete their account at any time, regardless of the presence or absence of an active subscription, by accessing the "User Panel -> Account -> Delete Account" section and confirming the operation by entering their password.

9.3 Subscription Cancellation (Automatic Renewal Block): Subscriptions are subject to payment and automatic renewal. The User can cancel their subscription at any time to block automatic renewal. In this case, the User will be able to use the subscription features until the scheduled expiration date.

9.4 Consequences of Account Deletion and Subscription Cancellation: Account deletion results in the permanent removal of all data pertaining to the User from the erty platform. With the exception of the cases expressly provided for in section 9.5, no refunds are provided in case of account deletion, regardless of the date or the presence of an active subscription. Subscription cancellation only blocks automatic renewal. No refunds are provided for subscription periods already paid for and used. The User will continue to have access to the Service until the natural expiration of the subscription. No closing costs are applied.

9.5 Termination for Objective Technical Breaches by erty: In the event of objective technical breaches attributable to erty, consisting of the substantial failure to provide the functionalities described in the offered services, the User has the right to request termination of the contract by sending a written communication to the email address , specifying in detail the nature of the breach found. Upon receipt of the request, erty reserves the right to carry out appropriate technical verifications. If the termination request is deemed justified, erty will refund the amount relating to the subscription paid by the User, proportionally to the days not used of the Service from the date of the complaint.

 

10. Indemnification

The User agrees to indemnify and hold harmless erty, its affiliates, officers, employees, and collaborators from any claim, damage, loss, cost, or expense (including reasonable legal fees) arising out of or in connection with:

• (i) the User's improper or unauthorized use of the erty platform;
• (ii) the User's violation of these Terms and Conditions;
• (iii) any content, data, or information provided, transmitted, or stored by the User through the erty platform;
• (iv) any action taken by erty in good faith in response to a report of alleged violation of these Terms or applicable laws by the User;
• (v) the User's failure to adopt adequate security measures to protect their accounts and data.

 

11. Technical Limitations and Service Interruptions

The User acknowledges and agrees that, despite erty's commitment to providing a reliable and continuous service, temporary interruptions or limitations in access to the platform may occur due to various causes, including, but not limited to: scheduled maintenance, platform updates, unforeseen technical problems related to hardware, software, or communication networks, or events of force majeure. erty undertakes to promptly communicate to Users, through the channels deemed most appropriate (such as, by way of example, email or announcements on the platform), any scheduled maintenance that may involve significant interruptions of the Service. The User agrees that erty shall not be held liable for any losses, damages, or inconveniences arising from such temporary interruptions or limitations of the Service, unless caused by willful misconduct or gross negligence on the part of erty.

 

12. Modifications to the Service

erty reserves the right to modify the functionalities, features, or user interface of the platform at any time, as well as to add new functionalities or services, or to suspend or discontinue (even permanently, with reasonable notice where possible) the provision of part or all of the service. The User agrees that such modifications will not give rise to any right to compensation or refunds, except as expressly provided in section 9.5

 

13. Communications

Official communications between erty and Users will primarily take place via email to the address provided during registration or through notifications on the platform. It is the User's responsibility to ensure that their contact information, particularly their email address, is always up-to-date and valid for receiving important communications from erty.

 

14. Assignment of Contract

The User may not assign their account or their rights and obligations arising from these Terms and Conditions to third parties without the prior written consent of erty. erty reserves the right to assign this contract at any time.

 

15. Applicable Law and Jurisdiction

These Terms and Conditions are governed by the laws of Italy. Any dispute arising out of or in connection with these Terms and Conditions shall be under the exclusive jurisdiction of the Court of Pordenone, Italy.