sysMonit is a product of HASEWERK UG (haftungsbeschränkt) (the "Provider"). These Terms and Conditions ("Terms") govern the use of sysMonit and apply to all contracts between the Provider and the User.
1. Scope
1.1 These Terms apply to all present and future services of the Provider related to the monitoring service sysMonit. Deviating conditions of the User shall only apply if expressly confirmed in writing by the Provider.
1.2 Supplementary agreements, such as service level agreements (SLA), data processing agreements or individual project contracts, take precedence over these Terms in the event of conflict. Otherwise, these Terms apply.
2. Conclusion of contract and registration
2.1 The presentation of services on the Provider’s website does not constitute a legally binding offer, but an invitation to submit an offer. By registering an account and selecting a plan, the User makes an offer to conclude a usage contract.
2.2 The contract is concluded only when the Provider confirms acceptance. The Provider reserves the right to refuse conclusion of the contract without stating reasons.
2.3 Users must provide truthful information during registration. The Provider may request proof of identity at any time. Users must keep login credentials secure and may not pass them on to third parties.
3. Provider’s services
3.1 The Provider offers a monitoring platform through sysMonit that allows Users to monitor the availability of websites, servers and other services. The specific scope of functions results from the chosen plan and the information on the website or in the SLA.
3.2 The Provider endeavours to provide high availability of the service in accordance with the chosen plan and SLA. Periods of unavailability due to maintenance work, security updates or events of force majeure are not considered downtime.
3.3 The Provider may change, adjust or discontinue functions as long as this is reasonable for the User and the core of the service remains. Material changes will be announced in advance.
3.4 The Provider may use third parties as subcontractors. The Provider remains responsible for fulfilling the contract.
4. User obligations
4.1 The User undertakes to use sysMonit only within the framework of applicable law and these Terms. Misuse, such as monitoring without the consent of the monitored service operator, denial‑of‑service attacks or spam, is prohibited.
4.2 The User is responsible for the content that they monitor or store via sysMonit. The User must ensure that they have all necessary rights to monitor the respective resources.
4.3 The User will provide the Provider with all information necessary for the provision of the services in due time and assist in troubleshooting. This includes providing a functioning email address for notifications.
4.4 The User is responsible for maintaining suitable backups of their data. Liability for data loss by the Provider is excluded under Section 6.
5. Prices and payment terms
5.1 The remuneration is determined by the selected plan. Prices are exclusive of statutory VAT unless otherwise stated. No fees apply to free plans.
5.2 Remuneration is due in advance for the agreed billing period (monthly, quarterly, semi‑annual or annual). Payments are due without deduction within 14 days of receipt of invoice. If the User is in default, the Provider may charge statutory default interest and suspend access to the service.
5.3 The Provider reserves the right to change prices. Price changes will be communicated to the User at least one month before they take effect. The User may terminate the contract as of the effective date of the price change.
5.4 The User may only offset claims if their counterclaims have been legally established or acknowledged by the Provider. A right of retention exists only if the claims of the User are based on the same contractual relationship.
6. Liability
6.1 The Provider is liable for damages only in cases of intent and gross negligence. In cases of simple negligence, the Provider is liable only for breach of an essential contractual obligation (cardinal duty) and limited to the foreseeable, typical damage.
6.2 Liability for indirect or consequential damages, such as loss of profit, downtime costs or data losses, is excluded. Liability for personal injury remains unaffected.
6.3 If data backup is expressly agreed as a service, the Provider is liable for data loss within the agreed scope; otherwise, liability is excluded.
7. Term and termination
7.1 The contract is concluded for an indefinite period. The User may terminate the contract at the end of the current billing period. Notice of termination must be given in writing or by email.
7.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if the User, after warning and setting a deadline, is in arrears with payment or violates applicable laws or these Terms.
7.3 Upon termination, the Provider deletes the User’s monitoring data after expiry of statutory retention periods. The User is obliged to back up their own data in good time.
8. Data protection
8.1 The Provider processes personal data of the User exclusively in accordance with the General Data Protection Regulation (GDPR) and the sysMonit Privacy Policy. The current Privacy Policy can be found on the website.
8.2 The User warrants that they are authorised to transmit the personal data of their monitored end users or systems to the Provider. The User indemnifies the Provider against third‑party claims arising from unlawful data transmission.
9. Changes to the Terms
9.1 The Provider may amend these Terms at any time. Changes will be communicated to the User at least four weeks before they take effect by email. If the User does not object within four weeks of receipt of the notice, the changes shall be deemed accepted.
9.2 In the event of objection, both parties may terminate the contract extraordinarily at the time the changes take effect.
10. Final provisions
10.1 If individual provisions of these Terms are or become wholly or partly invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid one that comes closest to the economic purpose of the invalid provision.
10.2 These Terms are governed by German law. The place of jurisdiction for disputes arising from or in connection with this contract shall be, where legally permissible, Osnabrück, Germany.
10.3 Amendments and supplements to these Terms must be made in writing. This also applies to the cancellation of the written form requirement.
Last updated: 20 March 2026