Terms of Service.

1. Acceptance of Terms

By accessing or using the Uptriva platform (available at shxrk.systems and app.shxrk.systems), you agree to be bound by these Terms of Service. If you do not agree, you may not use the service. These terms apply to all users including free, paid, and enterprise plan subscribers.

2. Description of Service

Uptriva provides an infrastructure monitoring platform including: uptime monitoring, server agent metrics, status pages, alerting (email, SMS, phone calls, Slack, Telegram, Discord, and generic webhooks), and related features. The platform is currently in pre-launch / beta. Features may change, be removed, or be added at any time without prior notice.

3. Eligibility

You must be at least 16 years old to use this service (DSGVO Art. 8). By registering, you confirm that you meet this age requirement. Business users (companies) may use the service on behalf of their organization if they have the authority to bind it to these terms.

4. Account Registration and Security

You are responsible for maintaining the security of your account credentials. You must not share your password or API keys. We offer and recommend enabling two-factor authentication (2FA). Notify us immediately at [email protected] if you suspect unauthorized access to your account.

Beta Registration: During the beta phase, registration may require a valid beta invite code. Invite codes are non-transferable, may be revoked at any time, and are linked to your account upon use. Sharing or selling invite codes is prohibited. We reserve the right to disable accounts registered with codes that were shared publicly or obtained through abuse.

5. Permitted and Prohibited Use

You may use Uptriva to monitor infrastructure and services that you own or are authorized to monitor.

You may not:

  • Use the platform to monitor infrastructure you are not authorized to access
  • Attempt to circumvent rate limits, probe infrastructure without permission, or conduct unauthorized network scanning
  • Resell, sublicense, or redistribute the service without a written agreement
  • Use the service for illegal activities under German or EU law
  • Abuse the agent binary to collect data beyond its intended metrics scope
  • Interfere with other users or the platform infrastructure

6. Agent Software and Auto-Updates

The optional Uptriva monitoring agent is a self-hosted binary that you install on your own servers. By installing the agent, you agree to the following terms:

  • The agent connects exclusively to api.shxrk.systems for registration and metrics ingestion.
  • Every 30 minutes the agent queries download.shxrk.systems for available updates.
  • If a newer version is detected, the agent downloads and replaces its binary automatically, then exits so your service manager (e.g. systemd) can restart it.
  • You may disable auto-updates by setting the AGENT_DISABLE_UPDATE environment variable to true. When disabled, you may run shxrk-agent --update manually at any time.
  • The agent requires root or equivalent privileges to install and run system-level metrics collection.
  • We are not liable for any impact the agent may have on your server performance, stability, or configuration.

7. Plans, Billing and Subscriptions

Paid plans are billed via Polar.sh. Prices are shown in EUR as final prices. No VAT is currently charged under the German small business regulation (Kleinunternehmerregelung, §19 UStG); should the statutory turnover thresholds be exceeded, applicable VAT will be shown separately at checkout. Subscriptions auto-renew unless cancelled before the renewal date. Free tier usage is subject to plan limits as described in the pricing page. We reserve the right to modify pricing with 30 days notice. No refunds are provided for partial billing periods unless required by applicable law.

Cancellation periods for consumers (Kündigungsfristen): For consumers (Verbraucher): monthly subscriptions may be cancelled at any time with effect to the end of the current billing month. Annual subscriptions may be cancelled effective at the end of the initial contract term; if the contract renews beyond that term, it continues for an indefinite period and may be cancelled with a maximum notice period of one month (§ 309 No. 9 BGB in conjunction with the German Fair Consumer Contracts Act). Cancellation is available directly in your customer account via the cancellation button (§ 312g BGB).

Referral Credits: If offered, referral credits have no cash value and cannot be redeemed for money. Credits are applied to future billing cycles only and expire automatically when the account is closed or deleted. Referral credits are non-transferable and may not be exchanged, withdrawn, or paid out.

8. Right of Withdrawal

For EU consumers only.

You have the right to withdraw from this contract within 14 days of the subscription start date, without giving any reason.

The withdrawal period expires 14 days after the day the contract is concluded.

To exercise your right of withdrawal, you may use the withdrawal function available in your account dashboard, or contact us at [email protected].

Effect of withdrawal: If you withdraw, we will reimburse all payments received from you, minus a proportional amount (Wertersatz) for the service used up to the point of withdrawal. The Wertersatz is calculated on an hourly basis: (hours used ÷ total hours in billing period) × plan price. The remaining amount will be refunded within 14 days of receiving your withdrawal declaration, using the same payment method as the original transaction.

Loss of withdrawal right for digital content: If you purchase a one-time digital product (e.g. a single download), and you have expressly consented to immediate delivery and acknowledged the loss of your withdrawal right, the withdrawal right expires upon commencement of performance.

Withdrawal function: In accordance with § 356a BGB, you can exercise your right of withdrawal electronically via the withdrawal function in your account. After clicking "Widerruf bestätigen", you will receive an electronic confirmation of your withdrawal declaration to the email address you provided.

The withdrawal function pursuant to § 356a BGB is available in your customer account under "Subscriptions" → "Withdraw / Widerruf". It remains permanently accessible throughout the entire withdrawal period.

9. Service Availability (SLA)

Free and paid plans are provided as-is without formal uptime guarantees. Business and Enterprise plans include SLA guarantees only as specified in a separate agreement. We perform maintenance during low-traffic periods and provide advance notice for planned downtime where possible.

10. Intellectual Property

All platform code, design, branding, and documentation is owned by Timothy Hessel, operating as Uptriva. You retain ownership of your monitoring configurations, status page content, and data. You grant us a limited license to process your data solely to provide the service.

11. Service Characteristics

Monitoring is a best-effort service. We do not warrant that every outage, incident, performance degradation, or other event will be detected or reported, and detection may be subject to false positives, false negatives, or delays. Alert delivery depends on third-party infrastructure (SMS providers, email servers) which may be subject to delays or failures outside our control. For free (unpaid) plans the service is provided without any warranty of availability or fitness for a particular purpose; statutory rights remain unaffected. For paid plans we warrant a commercially reasonable level of service in accordance with these terms.

12. Limitation of Liability

Uptriva is liable without limitation for damages caused by intent or gross negligence, for injury to life, body, or health, under the German Product Liability Act (Produkthaftungsgesetz), and to the extent a guarantee was assumed.

For slight negligence (leichte Fahrlässigkeit), Uptriva is liable only for breach of material contractual obligations (Kardinalpflichten) — obligations whose fulfillment makes proper performance of the contract possible and on whose compliance the customer may regularly rely. In that case liability is limited to the contract-typical, foreseeable damage, and shall not exceed the total fees paid by the customer to Uptriva during the three (3) months immediately preceding the event giving rise to the claim.

In all other cases of slight negligence, liability is excluded. In particular, Uptriva is not liable for indirect or consequential damages such as loss of profit or business interruption to the extent permitted by law, nor for failures of third-party infrastructure outside our control (including Cloudflare, Hetzner, SMS gateways, or email providers). For free (unpaid) plans, liability for slight negligence is excluded entirely except for injury to life, body, or health.

These limitations apply equally to the personal liability of our employees, representatives, and vicarious agents. Nothing in this section limits mandatory statutory liability.

13. Account Termination

You may delete your account at any time from the account settings. Consumers may additionally terminate ongoing contracts via the cancellation button ("Verträge hier kündigen") provided in the customer account (§ 312g BGB); after confirming, you will receive an electronic confirmation of termination at your registered email address. We may suspend or terminate accounts that violate these terms, without refund. Upon termination, your data will be deleted within 30 days except where retention is required by law.

14. Changes to Terms

We may update these terms. We will notify you of material changes by email to your registered address at least 30 days before the planned effective date. You may object to the change within 4 weeks of receiving the notice; if you do not object — or continue to use the service after this period — the change is deemed accepted, provided we expressly informed you in the notice of your right to object, the deadline, and the significance of your silence. If you object, either party may terminate the contract effective at the date the change takes effect.

15. Governing Law and Jurisdiction

These terms are governed by the laws of the Federal Republic of Germany. The place of jurisdiction is Krefeld, Germany, to the extent permitted by applicable law.

Consumer dispute resolution (Verbraucherstreitbeilegung): We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle, § 36 VSBG).

17. Contact

For legal matters: [email protected]
For support: [email protected]

18. Subscription Lifecycle and Data Retention

Subscription Expiration: When a paid subscription expires or is canceled, your account will be automatically downgraded to the Free plan. Resources exceeding Free plan limits (monitors, status pages, agents) will be archived but not immediately deleted.

Grace Period: Expired subscriptions enter a 14-day grace period during which you can reactivate your subscription and restore full access to all resources. During this period, monitoring continues but may be limited.

Resource Archiving: Archived resources are retained for 60 days after subscription expiration. During this period, you can reactivate your subscription to restore access to all archived resources. After 60 days, archived resources are permanently deleted and cannot be recovered.

Status Pages: Archived status pages remain accessible but display an "archived" notice instead of monitoring data. This ensures transparency while protecting your historical uptime information.

Right of Withdrawal (Widerrufsrecht): Under EU consumer protection law, you have the right to withdraw from your subscription within 14 days of purchase. Upon withdrawal, your paid subscription is canceled and refunded in accordance with section 8, and your account reverts to the Free plan; the standard archiving and retention process described in this section then applies. You may delete your account entirely at any time from your account settings.

Data Export: You may export your monitoring data and configurations at any time from your dashboard. We recommend doing this before subscription expiration if you wish to retain your data independently.

19. Abuse Reporting and Suspension

We reserve the right to suspend or terminate any status page, custom domain, or account that violates applicable law or these Terms of Service, including upon receipt of a valid legal complaint or abuse report. Such action may be taken without prior notice where necessary to comply with legal obligations, protect the rights of third parties, or ensure the integrity and security of the platform.

Abuse reports and legal complaints may be submitted to [email protected]. Please include sufficient information to identify the reported page or domain, the specific legal basis or violation, and any supporting documentation. We will review and respond to valid reports as promptly as practicable.

Last Updated: September 2026