Terms of Service
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This English version is a translation provided for convenience only. In the event of any dispute, inconsistency or difference in interpretation, the Italian version is the only legally binding text and shall prevail.
These terms govern the use of MonitoraRE. By registering an account or using the service you accept them on your own behalf and on behalf of the organisation you represent.
1. Provider and subject matter
MonitoraRE is provided by Garp s.r.l.s. a socio unico, registered office at Via Mazzini 321, 41049 Sassuolo (MO), Italy, VAT number 03841550365, REA MO422314 ("Garp"). The service regularly checks, from one or more nodes, the availability of the internet resources specified by the customer (websites, APIs, servers, certificates, domains, services) and sends notifications to the configured recipients; it includes incident management, status pages, reports and APIs.
2. Who may use the service
The service is reserved for professionals, businesses and organisations. By registering you declare that you are acting in the course of your business or profession and not as a consumer.
3. Account and security
You must provide accurate information and keep it up to date. Two-factor authentication is mandatory. You are responsible for keeping your credentials and API tokens safe and for the actions of the users you invite into your organisation, with the roles you assign. Report any unauthorised access to info@garp.it immediately.
4. Acceptable use
You may only monitor resources you own or that you are authorised to monitor by their owner. You may not use the service to probe, scan or overload third-party systems, for unlawful activities, to publish unlawful content or content infringing third-party rights on status pages, to circumvent plan limits or technical protections, or to resell the service without a written agreement with Garp.
For security reasons the service does not check private or reserved addresses. Garp may disable monitors that generate anomalous traffic or abuse reports, notifying the customer.
5. Customer content and status pages
The data, names, logos, texts and domains the customer enters into the service remain the customer’s; the customer warrants that it holds the rights to them and grants Garp the limited licence needed to store, process and publish them on status pages in order to provide the service.
6. Plans, prices and payments
Plan features and limits are shown on the Pricing page and in the dashboard. The Free plan is free of charge; Garp may change its limits with 30 days’ notice.
Paid plans are monthly, paid in advance by card through Stripe and renew automatically until you cancel them from the dashboard. Prices are in euro and, unless stated otherwise, exclusive of VAT. Invoices are available in the billing portal.
If a payment fails or the subscription ends, the organisation returns to the Free plan: monitors and status pages over the limits are paused, not deleted. Periods already paid are not refundable, except as required by law. Price changes are notified at least 30 days in advance and apply from the next renewal.
7. Service availability
Garp provides the service with the required professional diligence and improves it over time, but does not guarantee that it will run without interruption, that every outage will be detected or that every notification will arrive within the expected time: networks, providers and third-party services may cause delays or missed checks. MonitoraRE is a support tool and does not replace the customer’s own emergency and business continuity procedures. Scheduled maintenance is carried out, where possible, at times of low usage.
8. Limitation of liability
Except in cases of wilful misconduct or gross negligence (Article 1229 of the Italian Civil Code), Garp is not liable for indirect or consequential damages, loss of profit, loss of data or opportunities, or for damages resulting from an outage not being detected or detected late, or from a notification being sent late or not at all.
In any event Garp’s total liability is limited to the amount paid by the customer for the service in the 12 months before the event; for accounts on the Free plan it is excluded to the extent permitted by law.
9. Personal data and appointment as processor
The processing of personal data is described in the Privacy Policy. For personal data the customer enters into the service about third parties, the customer is the controller and appoints Garp as processor under Article 28 GDPR. Garp processes that data only to provide the service and on the customer’s instructions given through the service; ensures the confidentiality of authorised personnel; applies appropriate security measures; uses the sub-processors listed in the Privacy Policy, giving advance notice of changes; assists the customer in responding to data subject requests and with security obligations; notifies personal data breaches without undue delay; deletes the data within 30 days of the end of the relationship; and makes available the information needed to demonstrate compliance with these obligations.
10. Intellectual property
The software, the MonitoraRE brand and the service materials belong to Garp or its licensors. The customer receives a non-exclusive, non-transferable licence to use them for the duration of the relationship. Decompilation and reverse engineering are prohibited, except where permitted by law.
11. Term, termination and suspension
The relationship lasts for as long as the account is active. The customer may cancel the subscription from the dashboard at any time, effective at the end of the period already paid, and request the closure of the account by writing to info@garp.it; before closure it can export its reports and audit log.
Garp may suspend or close the account, with notice where possible, in the event of a serious breach of these terms, non-payment, use that puts the security of the service or of third parties at risk, or a request from the authorities. Garp may also terminate with 30 days’ notice, refunding the part of the period already paid and not used.
12. Changes to the terms
Garp may change these terms by notifying you by email or in the dashboard at least 30 days before they take effect. If you do not accept the changes you may terminate before that date; continuing to use the service after they take effect means you accept them.
13. Notices
Notices to the customer are sent to the account’s email address; notices to Garp must be sent to info@garp.it.
14. Governing law and jurisdiction
These terms are governed by Italian law. The Court of Modena (Italy) has exclusive jurisdiction over any dispute relating to the service or to these terms.
15. Language
These terms are drafted in Italian. This English translation is provided for convenience only: in the event of any dispute or difference in interpretation the Italian text prevails and is the only legally binding version.
16. Specific approval
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the customer specifically approves the following clauses: 4 (acceptable use and disabling of monitors), 6 (automatic renewal, no refunds, price changes), 7 (service availability), 8 (limitation of liability), 11 (suspension and termination), 12 (changes to the terms), 14 (exclusive jurisdiction).