Metrics+ Terms and Conditions

Introduction

Welcome to Metrics+, an automated website monitoring service provided by Rocking Tech Ltd (“Rocking Tech”, “we” or “us”). Rocking Tech Ltd is a company registered in England and Wales (Company No. 12280796) with its registered office at 124 City Road, London, EC1V 2NX, United Kingdom. These Terms and Conditions (“Terms”) govern your access to and use of the Metrics+ service (“Metrics+” or the “Service”). By registering for an account or using Metrics+, you (“you” or the “User”) agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Service.

Legal Agreement: These Terms form a legally binding agreement between you and Rocking Tech. You should read this document carefully before using Metrics+. If you are using Metrics+ on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms, in which case “you” refers to that entity. These Terms, together with our Privacy Policy (which describes our data handling practices), constitute the entire agreement between you and Rocking Tech regarding the Service, superseding any prior agreements or communications.

International Users: The Service is operated from the United Kingdom. If you choose to access Metrics+ from outside the UK, you do so on your own initiative and are responsible for compliance with any local laws. Please note that regardless of your location, your use of the Service is governed by UK law as stated in the Governing Law section of these Terms.

Acceptance of Terms

By creating an account or otherwise using Metrics+, you acknowledge that you have read, understood, and agree to these Terms. You must be 18 years of age or older (or the age of legal majority in your jurisdiction) to use the Service, unless accompanied by a parent or legal guardian who consents to these Terms. If you do not meet these requirements or do not agree to these Terms, you may not use the Service.

Your use of Metrics+ is also subject to any applicable rules or guidelines that we may post (such as FAQs or support guidelines), which are incorporated into these Terms by reference. We reserve the right to update or modify these Terms at any time as described in the Amendments section below. It is your responsibility to ensure that you remain in compliance with the then-current Terms. Continued use of the Service after any changes to the Terms constitutes acceptance of those changes.

Metrics+ is intended for business and professional use only. By subscribing, you confirm you are acting in a business capacity and not as a consumer.

Service Description

Metrics+ is a Software-as-a-Service platform for automated website and web service monitoring. The Service allows you to track the uptime, performance, and other metrics of websites or online resources, and to receive alerts or notifications when certain events occur (for example, if a website goes down or a performance threshold is breached). Metrics+ may include features such as a web dashboard for viewing your monitored sites, public status pages to share uptime status, analytics or performance dashboards, and various alerting methods (e.g. email or messaging notifications). These features are provided to help you stay informed about the status of your websites or services.

How the Service Works: After creating an account and selecting a subscription plan, you can configure Metrics+ to monitor specified websites or endpoints. The Service will perform automated checks at intervals and record availability and other data. If an issue is detected (such as a downtime event or other configured trigger), Metrics+ can send alerts through supported channels (for example, email, SMS, or third-party integration channels) to notify you of the issue. You can log in to the Metrics+ dashboard to review the status of your monitored items, view historical data, and manage settings.

No Guarantee of Results: While we aim to provide a reliable monitoring service, Metrics+ is provided on an “as is” and “as available” basis without any guarantees. We do not promise that the Service will find every issue with your websites, or that notifications will always be sent for every incident. Monitoring data and alerts are provided for informational purposes, and we do not guarantee the accuracy, completeness, or timeliness of any data or notifications provided by Metrics+. You acknowledge that Metrics+ is a supplementary tool and should not be relied upon as your sole means of monitoring critical services. We strongly encourage you to maintain your own contingency plans and backup monitoring where needed.

Features and Availability

Optional Features: Metrics+ offers various features, some of which may be optional or available only on certain subscription plans. For example, features like public status pages, customizable dashboards, third-party alert integrations, or advanced reporting may be included in specific plans (such as the Essential plan or Agency Pro plan) or enabled as add-ons. All features are provided at our discretion for your convenience, and we reserve the right to enable, disable, or modify any feature of the Service at any time without notice or liability. The availability of any particular functionality is not guaranteed and may change over time.

Service Modifications: Rocking Tech is continually improving and evolving Metrics+. This means we may from time to time update the Service, deploy patches or new versions, change the user interface or how features work, or discontinue features that are outdated or less used. We may also add new features or enhance existing ones. Such updates or changes may be made without prior announcement. You agree that modifications to features, or even the removal of features, are part of using a cloud-based service, and Metrics+ may be changed at any time at our sole discretion. We will endeavor not to remove or change features in a way that fundamentally reduces the core utility of the Service for active users, but we provide no guarantee that any feature or component of the Service will remain available.

Beta and Experimental Features: Any feature labeled as “beta”, “experimental”, or similarly is offered on an as-is basis for evaluation and may be unstable or change significantly. We may discontinue beta features at any time. Use of beta features is at your own risk and discretion.

Downtime and Maintenance: We strive to keep Metrics+ operational and accessible 24/7, but we do not guarantee any specific uptime or availability level for the Service. There may be occasions when the Service is interrupted for scheduled maintenance, updates, or unforeseen outages. Whenever feasible, we will attempt to schedule maintenance during low-usage periods and inform users in advance. However, we shall not be liable if for any reason the Service is unavailable at any time or for any period, or if any feature is temporarily or permanently disabled. We also reserve the right to suspend the Service (in whole or in part) for technical issues, security reasons, or other urgent needs without prior notice.

Subscription Plans and Payment

Subscription Plans: Metrics+ is offered on a subscription basis. Users may subscribe to one of our available plans (for example, the Essential plan or the Agency Pro plan) which provide different levels of Service. Each plan has its own features and usage limits as described on our website (such as the number of websites that can be monitored, frequency of checks, etc.), though such descriptions are not part of these Terms and are subject to change. You may only subscribe to one plan at a time per account. By selecting a plan and providing payment information, you agree to pay the corresponding subscription fees.

Fees and Billing: Subscription fees are due and payable in advance on a monthly or annual basis (depending on the billing cycle you choose when you subscribe), or as otherwise specified for your chosen plan. All fees are stated in British Pounds (GBP) unless indicated otherwise, and do not include any applicable taxes (such as VAT). You are responsible for paying any taxes or duties assessed on the fees (except taxes on Rocking Tech’s income). When you subscribe, you must provide a valid payment method (e.g. credit card) and you authorize us to charge the subscription fee to your payment method at the start of each subscription period (and any renewal period). If your billing information or payment method changes, you must promptly update your account to avoid interruption of service.

Refunds: You acknowledge and agree that all payments are non-refundable. However, we will provide refunds where we are legally required to do so. For example, if you are a consumer, you may have a statutory right to cancel your subscription within 14 days of purchase (the “cooling-off” period) or to receive a refund if the service is defective. We will honor any such legally mandated refunds or cancellations, and nothing in this policy affects your statutory rights. Outside of those circumstances required by law, we maintain a strict no-refunds policy to deter frivolous or opportunistic refund requests. Rocking Tech may, however, choose at its sole discretion to issue a refund or credit as a goodwill gesture in specific cases. Such cases may include, for example, a clear billing error or an extended service outage. Any such discretionary refund is a one-time courtesy and does not waive our standard policy.

Upgrades and Downgrades: You may choose to upgrade to a higher tier plan or downgrade to a lower tier plan through your account. If you upgrade, the new higher plan’s pricing will apply immediately and may be prorated if switching mid-cycle. If you downgrade, the change may only take effect from the next billing cycle (depending on our policies at the time), and you may lose access to features or have reduced usage limits. When switching plans, your monitoring configuration may be adjusted – for instance, if you move to a plan with fewer allowed monitors, some of your monitors may be deactivated as part of the downgrade process (you would then choose which to keep active under the new limit). No refunds or credits will be given for any difference in fees resulting from a downgrade. Your previous plan’s subscription will be canceled or adjusted automatically when you switch, and going forward you’ll be charged the fees for the new plan.

Late Payments: It is important to keep your account in good standing. If we do not receive payment on time (e.g. your credit card is declined or your payment is otherwise overdue), we reserve the right to suspend your access to the Service until the account is brought current. We will attempt to notify you (for example, via email) if a payment is past due. If you fail to make payment within a reasonable time after it’s due, Rocking Tech may terminate your subscription for breach (see Termination section). We also reserve the right to charge interest on overdue amounts at a reasonable rate (e.g. up to 4% per annum above the Bank of England base rate) from the date the payment was due until it is paid, and/or to recover any costs of collection.

Changes to Fees and Plans: Plan features, pricing, and terms are subject to change. Rocking Tech may adjust the subscription fees or introduce new charges for the Service or for additional features in the future. We may also alter the available plans (for example, renaming plans, changing included features, or adjusting usage limits) at our discretion. If we make a change to pricing or material changes to plan offerings that affect existing subscribers, we will provide advance notice (for example, by email or via the Service) and such changes will typically apply from your next billing cycle or renewal. If you do not agree to a fee change or plan change, you may cancel your subscription before the new fees or terms take effect. Continued use of Metrics+ after a price or plan change constitutes your acceptance of the new terms. We will not retroactively change charges for a period you’ve already paid for, except by your agreement or as required by law.

Trials and Promotions: If we offer a free trial or promotional period for the Service, such trial is subject to these Terms. We reserve the right to limit trial eligibility or duration to prevent abuse. If you do not cancel by the end of a trial period, we may charge your provided payment method for the next period’s subscription fee. Any promotional discounts apply only for the specified term and, unless stated, will revert to normal pricing afterward.

User Obligations and Acceptable Use

By using Metrics+, you agree to use the Service responsibly and legally. You are responsible for all activities that occur under your account. Specifically, you agree to the following obligations and limitations on use:

Provide Accurate Information: You must provide truthful, current, and complete information when creating your account and keep it updated (e.g. contact and billing information). You may be required to verify your email or other details as part of account setup.
Account Security: You are responsible for maintaining the confidentiality of your account login credentials. Do not share your username and password with others. If you have authorized users or team members (as permitted by your plan), each individual should have their own login if the feature is available; otherwise, limit access to trusted persons. Notify us immediately if you suspect any unauthorized access to your account. Rocking Tech is not liable for any loss or damage arising from unauthorized use of your credentials (unless caused by our negligence).
Lawful Use Only: You may only use Metrics+ for lawful purposes and in compliance with all applicable laws and regulations. You agree not to use the Service to engage in any illegal, harmful, fraudulent, or abusive activity.This includes (but is not limited to) refraining from using Metrics+ to transmit or store malicious code, to stalk or harass individuals, to violate privacy or data protection laws, or to violate export control or sanctions laws.
Permitted Monitoring: Metrics+ is designed for monitoring websites and services that you own, control, or have permission to monitor. You must ensure that your use of the Service (including the sites or servers you monitor) does not violate any third party’s rights or any third-party terms of service. You agree not to use Metrics+ to monitor or target any website or service without proper authorization. For example, you should not use the Service to excessively ping or load-test someone else’s site in a manner that could be deemed malicious or cause disruption to that site. We reserve the right to restrict or block monitoring of certain domains or IP ranges if we believe such monitoring is improper or could cause issues (for instance, if a target site objects or if it’s a well-known service that disallows automated checks).
No Service Interference or Misuse: You must not interfere with or disrupt the integrity or performance of Metrics+ or the data contained therein. This means you will not attempt to hack, exploit vulnerabilities, or perform any penetration testing on our Service without explicit written permission. You shall not attempt to bypass any usage limits or restrictions we place on your account (for example, using multiple accounts to exceed monitoring limits or using automated scripts to avoid rate limits). Any form of abuse of the Service – such as launching denial-of-service attacks via our monitoring probes, attempting to gain unauthorized access to other customers’ data, or any behavior that threatens the reliability of the Service – is strictly prohibited.
Respect Our Intellectual Property: The underlying software, algorithms, and infrastructure of Metrics+ are the intellectual property of Rocking Tech (and our licensors). We grant you a limited, non-exclusive, non-transferable license to use the Service during your subscription, solely for your internal business (or personal) purposes, and only as permitted by these Terms. You shall not copy, reproduce, distribute, modify, or create derivative works of any part of the Service. You shall not reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent allowed by law notwithstanding this limitation. All Rocking Tech trademarks, logos, and service names (including “Metrics+”) are our property, and you agree not to use them without our prior written consent except as necessary to identify the Service.
No Resale or Unauthorised Access: You may not resell, lease, or provide access to the Service to any third party (except as explicitly allowed under a specific partnership or reseller agreement with us, if applicable). The Service is intended for direct use by each subscribing customer. You also agree not to use or launch any automated system, such as “bots” or “scrapers,” that access Metrics+ in a manner that sends more requests to our servers than a human can reasonably produce in the same time by using a normal interface (except for legitimate use of our API if provided and within allowed limits).
Your Content and Data: If you input any content into the Service (for example, adding a custom logo or text on a public status page, or providing contact information for alerts), you must ensure you have the necessary rights to use that content and that it does not violate any laws or third-party rights. You retain ownership of any data or content you supply, but you grant us a license to use, copy, and process your content as needed to provide the Service. We do not monitor user content proactively, but we reserve the right to remove or disable content that we believe violates these Terms or the law. You also agree that we may track and use data related to your usage of the Service (in an aggregated or anonymised form) for analytics and improvement purposes, in accordance with our Privacy Policy.
Indemnification: You agree to indemnify and hold Rocking Tech Ltd (and its directors, officers, employees, and agents) harmless from any claims, losses, liabilities, damages, expenses, or costs (including reasonable legal fees) arising out of or related to your use of Metrics+, your violation of these Terms, or your infringement of any third-party rights. In plain terms, if your misuse of the Service or your content causes us to be sued or suffer damage, you will be responsible for the costs and consequences, to the fullest extent permitted by law. We will notify you promptly of any such claim and cooperate with you (at your expense) in defending it. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you (in which case you will cooperate with us in asserting any available defenses).
Compliance with Third-Party Terms: Some features of Metrics+ might involve third-party services (as discussed in the next section). You agree to comply with all applicable terms of any third-party services that you connect to or use through Metrics+. For example, if you use our Service to send alerts to a Slack channel or via SMS, you must abide by the terms of service of Slack or the SMS provider. We are not responsible if your use of Metrics+ in combination with third-party services violates those services’ terms.

This Acceptable Use Policy is vital to keeping Metrics+ safe and reliable for all. If we suspect that you have violated any of the above obligations or any other provision of these Terms, we may investigate and, at our discretion, suspend or terminate your access as outlined in the Termination section.

Third-Party Integrations and Services

Metrics+ may integrate with or rely on third-party services to provide certain features (for example, sending email or SMS alerts, connecting with messaging platforms or incident management tools, or hosting infrastructure). While these integrations can enhance the functionality of the Service, it’s important to understand that third-party services are outside of our control.

No Endorsement or Warranty of Third Parties: We do not endorse or guarantee any third-party products or services that Metrics+ interoperates with. For instance, if we allow you to send alerts via a third-party email/SMS provider or integrate with a chatops tool, we make no promises about the reliability, security, or performance of those external services.
Third-Party Terms: Your use of any third-party service is subject to that third party’s own terms and privacy policy. For example, if you choose to receive alerts via a messaging app’s API, you are responsible for complying with that app’s terms of use. We are not a party to your agreements with such third-party providers.
Data Sharing: By enabling a third-party integration, you understand that some data may be transmitted to or from the third-party service to facilitate the integration. For example, if you connect Metrics+ to a third-party status page or dashboard tool, data about your monitored sites may be shared. We will only share data with third parties as needed to provide the integration and as described in our Privacy Policy. We are not responsible for how third-party services may use or secure your data – that is governed by your agreement with them.
No Liability for Third-Party Failures: Rocking Tech is not liable for any failures, delays, or damages caused by the malfunction or unavailability of third-party services. This includes scenarios such as: an alert not delivered because an email or SMS provider had an outage, or an integration not functioning correctly due to changes on the third-party’s side. If a third-party integration fails or a third-party service discontinues an API we rely on, we will not be responsible for the consequences. We may attempt to notify users of significant integration changes or deprecations when we are aware, but it remains your responsibility to monitor critical systems through multiple channels if needed.
Changes to Integrations: Third-party services can change or end their integration capabilities, and we likewise may update or remove integrations. We cannot guarantee that any specific integration (e.g., with a certain cloud provider, chat application, or monitoring tool) will remain available indefinitely. Removal of a third-party integration by us will not entitle you to any refund or compensation, as it is considered a feature change as per the Features section above.

In summary, while Metrics+ may work in concert with other tools and services to deliver notifications and data, those external services come with their own risks and terms. Rocking Tech provides the hooks for integration “as is” without warranty, and your use of them is at your own risk and subject to the other providers’ rules.

Disclaimers of Warranties

Use at Your Own Risk: Metrics+ is provided “as is” and “as available”, without any warranties of any kind, either express or implied. Your use of the Service is at your sole risk. To the fullest extent permitted under applicable law, Rocking Tech disclaims all warranties and representations (express, implied or statutory) with respect to Metrics+ and any content or data provided through the Service, including, without limitation:

No Implied Warranties: We expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Service will meet your requirements or that it is suitable for any particular purpose. You assume the entire risk as to the quality and performance of the Service.
No Guarantee of Performance: Rocking Tech does not warrant or guarantee that the Service will be uninterrupted, timely, secure, or error-free. While we aim for high availability, we do not guarantee any specific level of uptime or response time. We also do not warrant that notifications or alerts will always be delivered, or delivered within a certain time frame. Delays or failures in delivering alerts can occur for many reasons (including internet issues, third-party provider outages, or system errors), and you acknowledge these as inherent risks of the Service.
Accuracy of Data: Any data, reports, or analytics provided by Metrics+ (such as uptime statistics or performance metrics) are offered for informational purposes. We do not guarantee the accuracy, completeness, or reliability of any data or information obtained through the Service. There may be errors, false positives/negatives in alerts, or inaccuracies in measurements due to various factors (e.g., network issues or misconfigurations). You are solely responsible for how you interpret and use the data from the Service.
Security and Bugs: We implement security measures according to industry standards to protect the Service (and your data within it), but we do not warrant that the Service is immune to vulnerabilities or that it will be free from viruses, malware, or other harmful components. Likewise, as with any complex software, we do not guarantee that the Service will be free of bugs or defects, though we endeavour to fix serious issues in a timely manner. Any downloadable components or software provided as part of the Service are downloaded and used at your own discretion and risk.
Third-Party Content: We make no warranties regarding any information or content obtained from third parties and presented via the Service (for example, status information fetched from third-party status pages, if such feature exists). Any third-party information is provided “as is” and we are not responsible for its accuracy or timeliness.
No Duty to Update: We are not obligated to update or correct any information made available through the Service, except as required by law. Historical data or past notifications are provided as-is and might not be updated if errors are later discovered.

User Responsibility: You understand that Metrics+ is a tool to assist you, but ultimate responsibility for managing your websites or online services remains with you. You should not rely solely on Metrics+ for critical monitoring – always consider having backup monitoring or fail-safes for important systems. We will not be responsible if you choose to rely exclusively on the Service and an issue goes undetected or unreported.

No Other Warranties: No advice or information (whether oral or written) obtained from Rocking Tech or through the Service shall create any warranty not expressly stated in these Terms. You acknowledge that no employee or representative of Rocking Tech is authorized to make any promises or assurances inconsistent with these disclaimers, and any such information should not be relied upon. If the Service malfunctions or does not meet your expectations, your sole remedy is to discontinue use of the Service. (See Limitation of Liability below for the extent of our responsibilities.)

Some jurisdictions do not allow the exclusion of certain warranties or conditions. To the extent that such laws apply to this agreement, the above exclusions may not fully apply to you. In such cases, any warranties that cannot be disclaimed are limited in duration to the minimum period permitted by law.

Limitation of Liability

No Indirect or Consequential Damages: To the maximum extent permitted by law, in no event will Rocking Tech Ltd (or its directors, officers, employees, agents, partners, suppliers, or licensors) be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the Service or these Terms. This exclusion includes, without limitation, damages for loss of profits, loss of revenue, loss of business or business opportunity, loss of data, loss of goodwill or reputation, business interruption, or the cost of procuring substitute services. Such limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

No Liability for Specific Outcomes: In particular, and without limiting the above, Rocking Tech will not be liable for any claims, losses, or damages resulting from:

Missed or Failed Alerts: Any failure of Metrics+ to send a notification or alert to you, or failure of you to receive it, for any reason. This includes scenarios where the Service did not detect an issue, detected it but could not notify you in time, or where an alert was sent but not delivered (or acted upon) in a timely manner. You assume all risk from any monitoring failures or delayed notifications.
False Alarms or Inaccurate Data: Any incorrect alert or inaccurate information provided by the Service (e.g., reporting a site as down when it was not, or any error in metrics). We have no liability for decisions you make or actions you take (such as contacting your clients or triggering failovers) based on an alert or data from Metrics+.
Service Downtime or Unavailability: Any period of inoperability or unavailability of Metrics+, whether due to maintenance, bugs, outages, or external factors. This also covers any loss or consequence you suffer because you could not access our Service or it failed to perform as expected at a given time.
Third-Party Service Issues: Any problem attributable to third-party services or integrations (such as email delivery services, SMS carriers, messaging platforms, cloud infrastructure, etc.). For example, we are not liable if an alert fails because a third-party email server was down, or if data is lost due to a failure in a cloud provider’s systems.
User Actions or Settings: Any outcome resulting from your own configuration of the Service or misuse. For instance, if you set an inappropriate monitoring interval, misconfigure an alert rule, share your account access with others, or otherwise use the Service in a way not recommended, you bear responsibility for the results. We also are not responsible for any security breaches or data exposure caused by your failure to secure your account or follow recommended practices.

Cap on Liability: To the extent that any liability of Rocking Tech is not legally excludable, and even if any exclusive remedies provided in these Terms fail of their essential purpose, the total cumulative liability of Rocking Tech Ltd (including its officers, employees, and agents) to you for any and all claims arising out of or related to these Terms or your use of the Service shall not exceed the total amount of fees you have paid us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim. If you have not paid any fees (for example, if you are on a free trial or free plan), our total liability shall be limited to £100 GBP. This limitation is aggregate – i.e., it applies to all claims combined, not per claim.

Release: You release Rocking Tech from all liability for any claims, demands, losses, or damages that exceed the foregoing limitations or that are excluded above. If you are a California resident, you waive California Civil Code §1542 (which says a general release does not extend to claims the creditor does not know of, which if known would have materially affected settlement). Similarly, for any jurisdiction with analogous principles, you waive those to the extent permitted by law.

Basis of the Bargain: You acknowledge that Rocking Tech has set its fees and entered into this agreement in reliance on the disclaimers and limitations of liability stated herein, which reflect an agreed allocation of risk between you and us. These limitations form an essential basis of the bargain between you and Rocking Tech, and they will survive and apply even if any limited remedy is found to have failed of its essential purpose.

Non-Excludable Liabilities: Nothing in these Terms shall limit or exclude our liability for any matter that cannot be limited or excluded by law, such as liability for death or personal injury caused by our negligence, or liability for our fraud or fraudulent misrepresentation. Additionally, if you are a consumer (though the Service is intended primarily for business use), nothing in these Terms shall exclude or limit any consumer rights which cannot be waived under law. In any case, our liability will be limited to the fullest extent permitted by applicable law.

Termination and Suspension

Term and Renewal: These Terms remain in effect for as long as you continue to access or use the Service. Your subscription will ordinarily auto-renew each billing period until canceled by you or terminated by us. However, we reserve the right to terminate the Service (or your account) as outlined below.

Your Right to Cancel: You may cancel your subscription or close your account at any time. This can typically be done via your account settings or by contacting us at the support email provided. If you cancel a paid subscription, you will continue to have access to the Service until the end of your current billing period (unless you request an immediate termination or we decide to terminate sooner due to breach). No refunds will be provided for any remaining subscription period upon cancellation, as per our no-refund policy. After cancellation, or expiration of your subscription term, we may disable access to the Service and delete or anonymize your data in accordance with our data retention policies (see Data Handling below).

Our Suspension or Termination Rights: Rocking Tech may suspend or terminate your access to Metrics+ (in whole or in part) under the following circumstances:

For Breach of Terms: If you violate any provision of these Terms (or act in a manner that clearly shows intent to do so), we may suspend your account immediately and, if the issue is not promptly remedied, terminate your account. Certain serious violations (for example, willful abuse of the Service, illegal activities, or actions that threaten our infrastructure or other users) may result in immediate termination without prior suspension. We are not required to provide advance notice in the event of a serious breach, though we will attempt to notify you of the action taken and the reason.
For Non-Payment: If you fail to pay the fees owed for your subscription and do not cure that failure within a reasonable period after we remind you (e.g. an overdue notice), we may suspend your account access. If payment is not received soon thereafter, we may terminate your subscription for non-payment. Suspension for non-payment will be lifted once you settle the amounts due (we may require you to update payment details to prevent future incidents).
To Prevent Harm: We may suspend (or in extreme cases terminate) your access if we detect behavior that poses a security threat to the Service or our other customers, or if we are investigating suspected misconduct. For example, if your account is compromised or is being used in a way that attacks others or overloads the system, we might temporarily disable it to contain the issue. We strive to limit such actions to what is reasonably necessary and to restore access once issues are resolved.
Legal or Regulatory Reasons: If required by law enforcement or government order, or if your use of the Service becomes illegal or impermissible due to change in law or sanctions, we may terminate your account. We will act in good faith and, where lawful, inform you of the reason.
Inactivity: We reserve the right to terminate free or trial accounts that have been inactive for an extended period (for instance, 6 months of non-use), in order to manage resources. We will typically attempt to warn you before deletion in such cases.
Our Convenience: Rocking Tech reserves the right to terminate this agreement and your account for convenience, for example if we decide to discontinue the Service or a particular portion of it. In such cases, we will give you as much prior notice as is reasonably practicable (we aim for at least 14 days’ notice when possible). If we terminate your paid subscription without cause (and not due to any fault on your part), we may in our discretion provide a pro-rata refund for the remaining unused portion of your subscription; however, if the termination is due to your breach of terms or misconduct, no refund will be given (consistent with our no-refund policy).

Effect of Termination: Upon termination or expiration of your account for any reason: (a) Your right to access or use the Service will immediately cease. You must stop using the Service and ensure that any of your authorized users also cease access. Any licenses granted to you to use our software or Service content will also end. (b) Data Deletion: We may permanently delete or disable access to any data, configurations, or content associated with your account, in accordance with our data retention practices. It is your responsibility to back up or export any important data from the Service prior to termination. We are not liable for any data that is lost due to account termination. (However, if you need a brief grace period to retrieve data after termination, you can contact us and we may, at our discretion, provide temporary access if the data still exists and if your account was in good standing.) (c) Outstanding Fees: If there are any outstanding fees or charges owed by you at the time of termination, you remain responsible for paying them. We may send any unpaid debts to collections if necessary. (d) No Relief from Breach: Termination does not relieve you from liability for any breach of these Terms that occurred prior to termination. Nor does it preclude us from pursuing any remedies we are entitled to for your breach.

Survival: Provisions of these Terms that by their nature should survive termination will remain in effect. This includes (but is not limited to) clauses relating to ownership of intellectual property, fees owed, disclaimers of warranties, limitations of liability, indemnification, governing law and dispute resolution, and any licenses granted to us by you (such as for content use) which by terms or context are meant to continue.

Service Discontinuation: If Rocking Tech decides to discontinue the Metrics+ Service entirely (not just your individual account), we will make an effort to notify all active users in advance (e.g., via email or an announcement on our website). Upon a complete Service shutdown, all user accounts will be terminated as described above. We will provide a window (if possible) for users to export any of their data. After such a shutdown, we will have no further obligation to provide the Service. You agree that the discontinuation of the Service and termination of accounts in such event will not entitle you to any compensation or damages from Rocking Tech (beyond a refund for any whole months prepaid and unused, which we may grant at our discretion despite our no-refund general policy, depending on the circumstances).

Governing Law and Jurisdiction

These Terms and your use of Metrics+ are governed by and shall be construed in accordance with the laws of England and Wales, United Kingdom, excluding its conflict of law principles. This governing law applies no matter where in the world you reside or use the Service, to the fullest extent permissible.

If you are a consumer using the Service outside of the UK, you may have certain mandatory rights under your local consumer laws; nothing in this section is intended to deprive you of those protections where applicable. However, in any dispute, English law will be applied in interpreting and enforcing these Terms (subject to any overriding consumer protection rules in your jurisdiction).

Jurisdiction: You and Rocking Tech Ltd irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or your use of the Service. You agree to submit to the personal jurisdiction of the English courts for the purpose of litigating such disputes. We each waive any objection to the courts of England and Wales on grounds of inconvenient forum or otherwise.

Notwithstanding the foregoing, Rocking Tech reserves the right to seek injunctive or equitable relief in any jurisdiction to protect its intellectual property or confidential information. Also, if you are a business user, nothing in this clause shall prevent us from enforcing any judgment obtained in England & Wales in your local jurisdiction.

Acknowledgment for International Users: By using Metrics+, you acknowledge that these Terms, and any disputes that may arise between us, will be governed by UK law and adjudicated in UK courts. You further acknowledge that the UN Convention on Contracts for the International Sale of Goods does not apply to these Terms. If you access the Service from outside the UK, you do so knowing the choice of law and forum, and you accept this as part of the agreement.

Amendments to Terms

Rocking Tech may modify or update these Terms from time to time. If we make material changes, we will make reasonable efforts to notify you – for example, by sending an email to the address associated with your account, or by providing a notice through the Service (such as a prominent announcement on the dashboard or our website). The notice will include a summary of the changes and the date on which the new Terms take effect.

Posting of Updated Terms: All changes will be effective when posted on our website or on the Service, unless a later effective date is specified. We will update the “Last Updated” date at the top of the Terms document when we make changes. It’s your responsibility to review the Terms periodically for updates. We encourage you to check these Terms from time to time to stay informed of any changes.

Acceptance of Changes: By continuing to use Metrics+ after the new Terms have taken effect, you are indicating that you accept and agree to be bound by the revised Terms. If you do not agree with any modifications to the Terms, you must stop using the Service before the updated Terms become effective and, if applicable, cancel your subscription. In case of minor or non-material changes (such as clarifications or typographical corrections), we may not send a specific notice, so please review the Terms occasionally even if you don’t receive a notice of change.

No Retroactive Changes: Changes to the Terms will generally not apply retroactively to events that occurred before the changes are in effect. They will apply going forward to all users (including those with existing accounts or subscriptions) from the effective date of the update. We will not retroactively increase your obligations or decrease your rights without notice. If any changes require by law a certain form of consent from you, we will obtain that consent in the required manner.

Privacy and Data Protection

Privacy Policy: Our collection, use, and protection of your personal data in connection with the Service is governed by our Privacy Policy. By using Metrics+, you also agree to the terms of our Privacy Policy, which is available on our website (and may be updated from time to time). The Privacy Policy explains what information we collect about users, how we use and share it, and your rights regarding your personal data. It also covers our use of cookies or similar technologies on our sites.

Data Processing: In providing the Service, we may process certain data that you or your monitoring targets generate (for example, response times, uptime logs, etc.). We aim to treat any personal data within such information in accordance with applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018. We do not need or intend to collect sensitive personal information through Metrics+ beyond basic account details and whatever contact points you provide for alerts. You should avoid inputting personal data into monitoring fields that are not necessary (for instance, do not put someone’s personal email in a publicly visible status page without consent).

Confidentiality: We regard your configuration and monitoring data as confidential to you. We will not disclose the specifics of your monitored websites, settings, or any results to any third party except as needed to provide the Service or as required by law. Our staff may access your account data when necessary for support or maintenance, but all staff are bound by confidentiality obligations. We will also maintain appropriate technical and organizational measures to protect your data against unauthorized access or disclosure.

Third-Party Data: If you use Metrics+ to monitor or collect data from third-party websites or systems (for example, if you monitor a client’s website), you are responsible for ensuring you have the legal right to do so. If the use of our Service causes any personal data of third parties to be processed (e.g., if monitoring data could be linked to identifiable individuals, such as end-user performance metrics), you are considered the data controller for that personal data and must comply with applicable data protection laws (including providing any necessary notices or obtaining consents). Rocking Tech will be a data processor for such data, handling it per your instructions and our Privacy Policy. Please review our Data Processing terms (if provided in the Privacy Policy or separate DPA) for more details.

Law Enforcement Requests: In certain cases, we may be compelled by law or legal process to disclose data from your account (for example, if we receive a court order or law enforcement demand). We will strive to redirect any such request to you or obtain your consent when possible. If we are prohibited from notifying you, we will comply with the request to the extent required, and will later inform you when we are legally permitted to do so.

For full details on how we handle data, please refer to the Privacy Policy. This section is a summary and does not override any explicit terms in the Privacy Policy.

Intellectual Property Rights

Rocking Tech’s IP: All rights, title, and interest in and to the Metrics+ Service (including software, code, algorithms, design, user interface, logos, trademarks, and all content provided by us) are and will remain the exclusive property of Rocking Tech Ltd and its licensors. These materials are protected by intellectual property laws and treaties. Nothing in these Terms transfers any Intellectual Property Rights to you. We only grant you a limited right to use the Service as explicitly stated. You must not use Rocking Tech’s trademarks or names (including “Metrics+” or any confusingly similar name) without our prior written consent, except for truthful statements to describe your usage of the Service.

Your Feedback: If you choose to provide feedback, comments, or suggestions about Metrics+ (for example, ideas for improvements or new features), you agree that we are free to use and implement such feedback without any restriction or compensation to you. Any feedback you submit is provided voluntarily and we may use it for any purpose. You grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate into our products any feedback you provide.

Your Content/IP: You retain ownership of all content, data, and materials you provide to Metrics+ (such as the text or logos you upload for a status page, or your account profile information). By submitting content on the Service, you grant Rocking Tech a worldwide, royalty-free, sublicensable license to use, copy, transmit, store, and display your content but only for the purpose of providing the Service and fulfilling our obligations. We do not claim any ownership over your proprietary content. If you delete content or terminate your account, we will cease use of the deleted content within a reasonable timeframe (except for backup copies or as required to comply with legal obligations).

Third-Party IP: If we make use of any third-party libraries, APIs, or content in providing Metrics+, those remain the property of their respective owners, and you must abide by any separate terms that apply to those materials (if any, as disclosed). Likewise, if through the use of the Service you are exposed to third-party content (for example, an iframe of a third-party status page), that content is governed by the third party’s terms.

Miscellaneous Provisions

Entire Agreement: These Terms (along with any documents expressly referred to herein, such as the Privacy Policy) constitute the entire agreement between you and Rocking Tech Ltd regarding the Metrics+ Service. They supersede and replace any prior or contemporaneous understandings, agreements, or representations, whether written or oral, relating to the Service. In entering into these Terms, neither party has relied on any statement, representation, or promise not expressly set out in this document. Any additional or different terms proposed by you (for example, in a purchase order or an email) are hereby rejected and will not bind us unless we have agreed to them in a written amendment to these Terms signed by an authorized representative of Rocking Tech.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a competent legal authority, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect. The parties agree to negotiate in good faith a valid, enforceable substitute provision that most nearly achieves the intent and economic effect of the invalid provision.

Waiver: No failure or delay by Rocking Tech in exercising any right, power, or remedy under these Terms shall operate as a waiver of that or any other right, power, or remedy. A waiver will only be effective if it is in writing and signed by us. Our waiver of any breach or default by you will not constitute a waiver of any subsequent breach or default. Similarly, a single or partial exercise of a right or remedy does not prevent further exercise of that or any other right or remedy.

Assignment: You may not assign or transfer these Terms, nor any rights or obligations hereunder, in whole or in part, without our prior written consent. Any attempt by you to assign these Terms without consent will be null. Rocking Tech may assign or transfer these Terms (in whole or part) to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets related to the Service, and you hereby consent to such assignment. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

No Third-Party Beneficiaries: These Terms do not confer any rights or remedies on any person or entity other than the parties to this agreement (and, where applicable, their permitted successors and assigns). In particular, no user’s customers or end-users, and no third-party service providers, have any rights under these Terms vis-à-vis Rocking Tech.

Relationship of the Parties: The relationship between you and Rocking Tech is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, franchise, or agency relationship between us. You do not have any authority to bind Rocking Tech in any respect (and vice versa). You are solely responsible for your costs and expenses in operating your business, and likewise we bear our own costs.

Force Majeure: Rocking Tech will not be liable for any failure or delay in performing its obligations under these Terms if that failure or delay is due to causes beyond its reasonable control (a “Force Majeure” event). Force Majeure events include, but are not limited to, natural disasters, acts of government, war, civil unrest, epidemics/pandemics, strikes or labor disputes, Internet or utility failures, external cyber-attacks, or other events not within our reasonable control. In such cases, our obligations will be suspended for the duration of the event. We will use reasonable efforts to mitigate the impact and resume performance once the event is resolved. Your obligation to pay fees for services already provided is not excused by Force Majeure.

Notices: We may send you notices regarding the Service or these Terms by email to the address associated with your account, via written communication sent by post to your provided contact address, or by posting a message within the Service interface. Notices sent by email or posted in the Service will be deemed given the day after they are sent or posted. It is your responsibility to keep your contact information (including email) current. If you need to give formal notice to us, please do so in writing and send it to our contact address below (with a copy via email for expediency, though email alone is not official notice for legal purposes unless acknowledged by us).

Contact Information

If you have any questions, concerns, or inquiries about these Terms or the Metrics+ Service, you may contact us using the information below:

Rocking Tech Ltd
124 City Road, London, EC1V 2NX, United Kingdom Email: info@rockingtech.co.uk Website: www.metrics.plus Attn: Metrics+ Support / Terms of Service Inquiry

We will endeavor to respond to any queries in a timely manner, but please allow us a few business days to get back on important matters. Communications regarding legal issues or alleged violations of these Terms should be made in writing to the address above, with a copy emailed to our support address.

Last Updated: 02 Jun 2025 (This comprehensive version of the Terms is written to reflect requirements as of the date above. It supersedes any prior Terms of Service or Terms and Conditions for Metrics+.)