Terms of Service

1.Acceptance of these Terms

These Terms of Service (the "Terms") form a binding agreement between you ("you", "your", the "User") and the independent operator of Ambih Monitor ("Ambih", "we", "us", "our") governing your access to and use of:

• the Ambih Monitor website at ambih.com and any associated subdomains (the "Site");
• the Ambih Monitor desktop application for Windows, Linux and macOS, including the ambih command-line tool and the AmbihMonitor executable (the "Desktop App");
• the optional paid subscription that unlocks additional analytics capabilities (the "Pro Subscription");
• any related online services such as the licensing OAuth flow, the heartbeat endpoint, account portal and billing pages (collectively with the Site, Desktop App and Pro Subscription, the "Service").

By downloading, installing, accessing or using any part of the Service, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree, you must not use the Service.

2.Who we are

Ambih Monitor is operated as an independent software vendor. For any legal, billing or privacy matter you can reach us at the email addresses listed in the Contact section below; we treat every inbound request from those mailboxes as an official channel.

3.Definitions

In these Terms:

• "Account" means the personal user account you create on the Site in order to purchase, manage or use a Pro Subscription.
• "Free Tier" means the version of the Desktop App that does not require an Account or a paid subscription.
• "Pro Tier" means the version of the Desktop App that becomes available when a valid Pro Subscription is associated with your Account.
• "Content" means any data, text, files, configurations, log lines, project metadata or measurements processed by the Desktop App in connection with your use of the Service.
• "Subscription Fees" means the recurring fees (monthly, quarterly or annual) charged in exchange for access to the Pro Tier.
• "Sub-processor" means a third-party service we use to deliver part of the Service, such as our payment processor.

4.Eligibility

You may use the Service only if you can form a legally binding contract with us. By using the Service you represent and warrant that:

• you are at least 16 years of age, or the age of digital consent in your country of residence, whichever is higher;
• if you are under the age of majority in your country, you are using the Service with the involvement and consent of a parent or legal guardian;
• you have full legal capacity (or such capacity supplemented by a parent or guardian) to enter into these Terms;
• you are not barred from receiving the Service under the laws of your country of residence, country of citizenship or country from which you access the Service;
• if you are using the Service on behalf of an organisation, you have the authority to bind that organisation to these Terms, in which case "you" refers to that organisation.

5.Your Account

Most of the Desktop App's Free Tier features work without an Account. You only need an Account to purchase or manage a Pro Subscription, or to link the Desktop App to your subscription via the licensing flow.

Registration

When you create an Account you must provide accurate, current and complete information, and you must keep it up to date. You may only create one Account per person; we may refuse, suspend or terminate any Account we reasonably believe has been created in violation of these Terms.

Security of your credentials

You are responsible for keeping your password and any device that is logged into your Account secure, and for everything that happens under your Account. You must notify us promptly at [email protected] if you suspect any unauthorised use. We are not liable for any loss or damage arising from your failure to comply with this requirement.

6.The Desktop App

The Desktop App is the client component of the Service that you install on a device under your control. We grant you a personal, non-exclusive, non-transferable, revocable, royalty-free licence to download, install and use the Desktop App for your internal development and monitoring purposes, subject to these Terms.

Restrictions

You agree that you will not, and will not permit anyone else to:

• copy, modify, translate or create derivative works of the Desktop App, except as expressly permitted by applicable law;
• reverse-engineer, decompile, disassemble or otherwise attempt to discover the source code of any part of the Desktop App that is not provided in source form, except to the extent such restriction is prohibited by mandatory law;
• remove, obscure or alter any proprietary notices, branding or licence keys embedded in the Desktop App;
• rent, lease, lend, sell, sublicense, distribute, time-share or otherwise transfer the Desktop App or any of its components to a third party;
• use the Desktop App or any signal it produces to build a directly competing monitoring product;
• bypass, disable or otherwise interfere with any security, licensing, rate-limiting or authentication mechanism of the Service.

Updates

We may provide updates, patches and new versions of the Desktop App from time to time. Updates are subject to the version of these Terms in effect at the time the update is made available. We are not obligated to maintain any specific version, and we may discontinue support for older versions on reasonable notice.

How we handle your Content

The Desktop App processes your Content to deliver the Service to you, including its analytics, history and cross-session features. The categories of data we process, the purposes for which we process them, and the recipients with whom we share them are described in our Privacy Policy. The technical means by which the Service is delivered, and the balance of work performed by the Desktop App and by our infrastructure, may evolve as the Service evolves; by using the Service you acknowledge that such evolution may occur without prior individual notice, provided that no change is made to the categories of data we process or to the purposes of processing without an update to the Privacy Policy.

7.Pro Subscriptions and billing

Plans and periods

The Pro Subscription is offered on a recurring basis with a choice of billing periods (currently monthly, quarterly and annual). The price applicable to your subscription is the price shown on the Pricing page at the moment you complete checkout. We may change our prices for new subscribers at any time; existing subscriptions keep the price you signed up at until you cancel, change plan, or until the change is communicated in advance and you renew under the new price.

Payment processor

All payments are processed by a third-party payment provider acting as our payment Sub-processor. By submitting your payment details you agree to that provider's own terms and you authorise us, through it, to charge your selected payment method for the Subscription Fees and any applicable taxes. We never see or store your full card number on our servers.

Automatic renewal

Pro Subscriptions renew automatically at the end of each billing period for another period of the same length, at the then-applicable price, unless you cancel before the renewal date. We will charge your payment method on the renewal date without further notice unless required by applicable law.

Failed payments

If a charge fails, we (or our payment provider on our behalf) may retry the payment over a short period. If we cannot collect payment, we may suspend or downgrade your Pro Tier access until payment is received. You remain responsible for amounts due, including reasonable collection costs if necessary.

Taxes

Prices are exclusive of any sales tax, VAT, GST, withholding tax or similar levy that may apply in your country. You are responsible for any such taxes that are not collected by us at checkout. Where we are required by law to collect a tax on your behalf, the applicable amount will be shown before you confirm payment.

8.Cancellation and refunds

You can cancel your Pro Subscription at any time from your Account → Billing page. When you cancel:

• your Pro Tier features remain active until the end of the billing period you have already paid for;
• you will not be charged for any further period;
• after the end of the current period, your Account automatically reverts to the Free Tier.

10-day refund window

If you are a new Pro subscriber and you are not satisfied with the Service, you may request a full refund within ten (10) days of your first Pro payment by writing to [email protected]. The 10-day window applies once per Account — subsequent renewals are non-refundable. We process eligible refunds back to the original payment method, typically within a few business days; the actual time it takes for the funds to appear depends on your card issuer.

No partial refunds for renewals

Outside the 10-day window, Subscription Fees are non-refundable in whole or in part for unused time. This includes renewal periods, mid-period downgrades and accounts terminated for breach of these Terms. This clause does not affect any mandatory consumer-protection rights granted to you by the law of your country of residence.

9.Acceptable use

You agree to use the Service only for lawful purposes and in a way that does not harm us, other users, or third parties. In particular, you agree that you will not:

• use the Service to monitor processes you do not own or do not have permission to monitor;
• use the Service to develop, deploy, host, distribute, or facilitate any malware, ransomware, spyware, cryptominer or other harmful code;
• attempt to gain unauthorised access to the Service, to any account that is not yours, or to the systems or networks of any other user;
• attempt to probe, scan or test the vulnerability of the Service except as part of a coordinated security disclosure agreed in writing with us;
• use the Service to send unsolicited communications, "spam", or any form of mass advertising;
• submit any false, misleading or fraudulent information when creating an Account or when paying for the Service;
• use the Service in a manner that imposes an unreasonable or disproportionately large load on our infrastructure, including by automating the licensing or heartbeat endpoints beyond their intended use;
• use the Service to violate any applicable law or regulation, including export-control laws, sanctions and intellectual-property laws.

We may suspend or terminate your Account, your Pro Subscription, and your access to the Service if we reasonably believe that you have violated this section, and we may report any apparent unlawful activity to the competent authorities.

10.Intellectual property

Our rights

The Service and all of its components — including the Desktop App, the Site, the source code we choose to keep proprietary, the visual design, the brand name "Ambih", the Ambih logo, the documentation and the algorithms that power Pro features — are owned by us or licensed to us, and are protected by copyright, trademark and other intellectual-property laws. These Terms do not transfer any ownership of those rights to you; we grant you only the limited licence described in section 6.

Your rights

You retain all rights in and to your Content. To the extent that any part of your Content is processed, transmitted, hosted or stored by the Service in order to deliver any feature of it to you (including its analytics, history, baseline, regression and account-management features), you grant us a worldwide, royalty-free licence to host, store, transmit, reproduce, display and otherwise process that Content solely as necessary to provide, secure and improve the Service for you, and as further described in our Privacy Policy.

Feedback

If you choose to send us suggestions, bug reports or feature requests, you grant us a perpetual, irrevocable, royalty-free, transferable licence to use that feedback for any purpose, including improving the Service, without any obligation to you. You are of course free to use the same ideas yourself.

11.Third-party services

Some parts of the Service rely on third-party providers. The two you should be most aware of are:

• our payment provider — payment processing and subscription billing, carried out under recognised card-industry security standards (PCI-DSS) and the provider's own terms; your card details are handled by the provider, not on our servers;
• Google Fonts — typography on the Site is delivered via Google's public font CDN; your IP address is therefore briefly visible to Google when you load a page on the Site.

You may also choose to monitor third-party software with the Desktop App (web servers, database engines, language runtimes, etc.). We make no warranty regarding those tools, and we are not responsible for any licence terms attached to them. You are responsible for ensuring you have the right to monitor any process you launch through the Desktop App.

12.Beta and preview features

From time to time we may make experimental or "preview" features available, identified as such either inside the Desktop App, on the Site, or in our changelog. Preview features are provided "as is", may be modified, restricted or discontinued at any time without notice, and may have a higher rate of bugs than generally-available features. The disclaimers and limitations in sections 13 and 14 below apply with full force to preview features.

13.Disclaimer of warranties

To the maximum extent permitted by applicable law, the Service is provided on an "as is" and "as available" basis, with all faults and without warranty of any kind. We expressly disclaim all warranties, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising out of course of dealing or usage of trade.

Without limiting the foregoing, we do not warrant that:

• the Service will meet your requirements or achieve any particular result;
• the Service will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful code;
• any data or measurement produced by the Desktop App will be accurate, complete, or fit for any decision-making, regulatory, certification or safety-critical purpose;
• any defect in the Service will be corrected within any particular timeframe.

You are solely responsible for any decisions you take on the basis of the information surfaced by the Desktop App, including decisions about software performance, infrastructure sizing or production deployments.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the above exclusions apply to the maximum extent permitted by the applicable law and do not exclude any mandatory consumer-protection rights.

14.Limitation of liability

To the maximum extent permitted by applicable law, in no event will we be liable to you for any indirect, incidental, special, consequential, exemplary or punitive damages, including without limitation loss of profits, loss of revenue, loss of goodwill, business interruption, loss of data, loss of opportunity, or the cost of substitute services, arising out of or relating to these Terms or the Service, whether in contract, tort (including negligence), strict liability or any other legal theory, and even if we have been advised of the possibility of such damages.

Our total aggregate liability to you for all claims arising out of or relating to these Terms or the Service is limited to the greater of (a) the total amount you paid us as Subscription Fees in the twelve (12) months immediately preceding the event giving rise to the claim, and (b) USD 50 (or the equivalent in the currency in which you were charged).

Nothing in these Terms excludes or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot lawfully be excluded or limited under the laws of your country of residence.

15.Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold us (including any of our contractors, agents, or affiliated individuals) harmless from and against any claim, demand, loss, damage, cost or expense (including reasonable legal fees) brought by any third party arising out of or in connection with: (a) your use of the Service in breach of these Terms or any applicable law; (b) your Content, including any claim that it infringes a third party's rights; (c) your wilful misconduct or gross negligence; or (d) any monitored process you launched through the Desktop App that you were not authorised to monitor.

16.Suspension and termination

Termination by you

You may stop using the Desktop App at any time by uninstalling it from your device. If you have a Pro Subscription, you may cancel it from the Account → Billing page as described in section 8. You can also request deletion of your Account by writing to [email protected].

Termination or suspension by us

We may suspend or terminate your Account, your Pro Subscription, or your access to all or part of the Service, with or without notice, if:

• you materially breach these Terms and, where the breach is curable, fail to cure it within a reasonable period after we ask you to;
• we are required to do so by law, by a competent authority, or by a Sub-processor on whom we depend;
• continuing to provide the Service to you would expose us to a real risk of legal, reputational or operational harm;
• we decide to discontinue the Service in your country or globally, in which case we will give as much advance notice as we reasonably can.

Effects of termination

Upon termination, your right to use the Service immediately ceases. Sections 5 (security of credentials), 7 (billing for amounts already due), 10 (intellectual property), 13–15 (warranty disclaimer, limitation of liability, indemnification), 18 (governing law), 19 (dispute resolution) and 20 (general provisions) survive any termination. Termination does not entitle you to any refund except as expressly set out in section 8.

17.Changes to these Terms

We may revise these Terms from time to time, for example to reflect changes in the Service, in our Sub-processors, in our pricing model, or in applicable law. When we make a material change we will:

• update the "Last updated" date at the top of this page;
• where reasonably practicable, notify Account holders by email at least fourteen (14) days before the change takes effect;
• for changes that materially reduce your rights, give you the opportunity to cancel your Pro Subscription before the change takes effect, with a pro-rata refund of any prepaid unused period.

Your continued use of the Service after the effective date of a change constitutes your acceptance of the revised Terms. If you do not accept a change you must stop using the Service.

18.Governing law

These Terms, and any non-contractual obligation arising out of or in connection with them, are governed by the laws applicable at the place where the operator of the Service is established, without regard to conflict-of-laws rules.

If you are a consumer resident in a country whose law grants you mandatory consumer-protection rights, this section does not deprive you of those rights, and the courts of that country may have non-exclusive jurisdiction over any related dispute.

19.Dispute resolution

Informal resolution first

We strongly prefer to resolve disputes informally. Before bringing any formal claim, you agree to write to us at [email protected] with a clear description of the dispute and what you would consider a fair resolution, and to give us at least thirty (30) days to respond.

Forum

If informal resolution fails, any dispute that is not subject to mandatory consumer-protection rules in your country of residence will be submitted to the competent courts of the place where the operator of the Service is established, without prejudice to any mandatory right you may have to bring proceedings before the courts of your own country of residence.

20.General provisions

Entire agreement

These Terms (together with the Privacy Policy and any plan-specific terms shown at checkout) form the entire agreement between you and us in relation to the Service, and supersede any prior agreement, representation or understanding.

Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be replaced by a valid provision that comes closest to the parties' original intent.

No waiver

Our failure to enforce a right or provision of these Terms on a given occasion is not a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms or any of your rights under them, in whole or in part, without our prior written consent. We may freely assign these Terms in connection with a merger, acquisition, reorganisation or sale of substantially all of our assets, provided that your rights are not materially reduced as a result.

Force majeure

We are not liable for any failure or delay in performance caused by an event beyond our reasonable control, including acts of God, war, terrorism, civil unrest, governmental action, labour disputes, internet or telecommunications outages, denial-of-service attacks, or pandemics.

No agency

Nothing in these Terms creates any agency, partnership, joint venture or employment relationship between you and us.

Notices

We will send any notice required under these Terms to the email address associated with your Account. You will send any notice required under these Terms to [email protected]. A notice is deemed received twenty-four (24) hours after it is sent, unless the sender is notified of a delivery failure.

Language

These Terms are published in English and French. In the event of any inconsistency between the two versions, the English version prevails for the purpose of interpretation.