Terms of Service

Last updated: January 9, 2025

From everyone at FailWarn.com, thank you for using our product! We build FailWarn to help you achieve your best work. Because we don’t know every one of our customers personally, we have to put in place some Terms of Service to help keep things running smoothly.

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to FailWarn.com. We are based in Poland and focus solely on maintaining and improving FailWarn.

When we say “Services”, we mean our website, FailWarn.com, and the FailWarn product, whether accessed through a web browser, desktop application, mobile application, or another format.

When we say “You” or “your”, we are referring to the individuals or organizations that own an account with FailWarn.

We may update these Terms of Service ("Terms") in the future. Whenever we make a significant change to our policies, we will refresh the date at the top of this page and take appropriate steps to notify account holders.

When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times when we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability.

If you violate any of the Terms, we may terminate your account. This means you need to place a lot of trust in us. We strive to deserve that trust by being transparent and keeping an open door to your feedback.

Account Terms

  1. You are responsible for maintaining the security of your account and password and for ensuring that any of your users do the same. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  2. You may not use the Services for any of the following purposes:
    • Engaging in illegal activities or distributing illegal content.
    • Distributing malware or other harmful software.
    • Spamming or sending unsolicited communications.
    • Infringing on the intellectual property rights of others.
    Additionally, you may not permit any of your users to engage in these activities, either.
  3. You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account.
  4. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Payment, Refunds, and Plan Changes

  1. We offer a free trial for our Services. We explain the length of the trial when you sign up. After the trial period, you need to pay in advance to continue using FailWarn. If you do not pay, we will freeze your account, making it inaccessible until you make payment. If your account remains frozen for an extended period, we will queue it for auto-cancellation.

  2. If you are upgrading from a trial to a paid plan, we will charge your card immediately, and your billing cycle starts on the day of the upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.

  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit them accordingly. Otherwise, you are responsible for payment of all taxes, levies, or duties.

  4. Refund Policy

    We want you to be completely satisfied with your experience using FailWarn. If for any reason you are not happy with your purchase, you can request a refund within 30 days of your purchase date. To initiate a refund, please contact us with your account details and reason for the refund request. Our team will review your request and respond promptly. Please note that refunds are subject to our review and are granted at our discretion based on the circumstances.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. Within FailWarn, we provide a simple no-questions-asked cancellation link. You can find instructions for how to cancel your account in account settings. If you need help canceling your account, you can always contact us.
  2. All of your content will be inaccessible from FailWarn immediately upon account cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted.
  3. If you cancel the Service before the end of your current paid month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle.
  4. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. This clause exists because, statistically, among all our accounts, some may engage in prohibited activities. We staunchly oppose certain behaviors, such as:
    • Engaging in illegal or unauthorized activities.
    • Distributing harmful or malicious content.
    • Harassing or abusing other users or Company employees.
    • Attempting to gain unauthorized access to our systems.
    This clause allows us to enforce that stance.
  5. Verbal, physical, written, or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.

Modifications to the Service and Prices

  1. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
  2. Occasionally, we may change the pricing structure for FailWarn. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days' notice and will notify you via the email address on record. We may also post a notice about changes on our website or within FailWarn itself.

Uptime, Security, and Privacy

  1. Your use of the Services is at your sole risk. We provide FailWarn on an “as is” and “as available” basis. We do not offer service-level agreements for FailWarn but we take the uptime of our application seriously.

  2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of FailWarn. Of course, we’ll reach out to the account owner before taking any action, except in rare cases where the level of use may negatively impact the performance of the Service for other customers.

  3. We take numerous measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted.

  4. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that FailWarn may process your data as described in our Privacy Policy and for no other purpose. We, as humans, can access your data for the following reasons:

    • To help you with support requests you make. We’ll ask for express consent before accessing your account.
    • On the rare occasions when an error occurs that stops an automated process partway through. We receive automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause to prevent the errors from recurring.
    • To safeguard FailWarn. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
    • To the extent required by applicable law. As a company based in Poland with all data infrastructure located within the EU, we only preserve or share customer data if compelled by a government authority with a legally binding order or proper request under applicable data protection laws, or in limited circumstances in the event of an emergency request. If a non-EU authority approaches FailWarn for assistance, our default stance is to refuse unless the order has been approved by the relevant EU government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If FailWarn is audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.

  5. We use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run FailWarn. You can see a list of all sub-processors who handle personal data for FailWarn here.

  6. Under the General Data Protection Regulation (“GDPR”), FailWarn is a “data processor” with respect to your use of the Services. This means we process any data you share with us only for the purpose you signed up for and as described in these Terms, the Privacy Policy. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. On the flip side, you agree to comply with your requirements under the GDPR and not use FailWarn in a way that violates the regulations.

  7. These Terms incorporate the FailWarn Data Processing Addendum (“DPA”) when the EU General Data Protection Regulation (“GDPR”) or other applicable data protection laws apply to your use of FailWarn to process Customer Data as defined in the DPA. The DPA linked above supersedes any previously agreed data processing addendum between you and FailWarn relating to your use of the FailWarn Services.

Copyright and Content Ownership

  1. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of FailWarn, use of FailWarn, or access to FailWarn without the express written permission of the Company.

Features and Bugs

We design FailWarn with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that FailWarn will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, FailWarn inevitably has some bugs. We track the bugs reported to us and prioritize fixing them, especially any related to security or privacy. Not all reported bugs will get fixed, and we don’t guarantee completely error-free Services.

API Terms

We offer Application Programming Interfaces (“API”s) for FailWarn. Any use of the API, including through a third-party product that accesses FailWarn, is bound by these Terms plus the following specific terms:

  1. You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
  2. Third parties may not access and employ the API if the functionality is part of an application that remotely records, monitors, or reports a Service user’s activity, both inside and outside the applications. The Company, in its sole discretion, will determine if an integration service violates this bylaw. A third party that has built and deployed an integration for the purpose of remote user surveillance will be required to remove that integration.
  3. Abuse or excessively frequent requests to FailWarn via the API may result in the temporary or permanent suspension of your account’s access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account’s access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use FailWarn; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from FailWarn; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to these Terms or FailWarn, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use FailWarn does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our utmost to be a safe bet through careful management of the business, investments in security, infrastructure, and talent, and in general caring deeply. If you choose to use FailWarn, thank you for betting on us.

If you have a question about any of these Terms, please contact us.