Terms of Service
Last updated
These Terms of Service (the "Terms") are an agreement between Instatus, Inc., a Delaware corporation ("Instatus", "we", "us"), and the person or organization that accepts them ("Customer" or "you"). They cover your use of instatus.com, the Instatus dashboard, status pages, monitoring, on-call and incident response features, APIs, mobile apps and integrations (together, the "Service").
The short version. Your data is yours. You pay for the plan you pick and can cancel whenever you like. We keep the Service running and secure, protect your data under our Data Processing Addendum, and give you notice before we change these Terms. Please don't use Instatus to hurt anyone. The short version is a summary; the numbered sections below are what count.
1. Accepting these Terms
1.1 You accept these Terms by creating an account, clicking to accept them, signing an Order Form that references them, or using the Service.
1.2 If you accept on behalf of a company or other organization, you confirm that you have authority to bind it, and "you" means that organization. If you don't have that authority, or don't agree, please don't use the Service.
1.3 You must be at least 18 years old, or the age of majority where you live, to use the Service.
1.4 Order Forms. Business and Enterprise customers may sign an order form, quote or similar document with us (an "Order Form"). If an Order Form conflicts with these Terms, the Order Form wins, but only for that Order Form. For personal data, the Data Processing Addendum wins over both.
1.5 What makes up the agreement. These Terms, any Order Form, the Data Processing Addendum, the Acceptable Use Policy, the SLA (where it applies to your plan) and the Refund Policy together form the "Agreement". Terms printed on a purchase order or a vendor portal are not part of the Agreement, even if we accept the order or register in the portal, unless we both sign them.
2. Your account
2.1 Give us accurate information when you sign up and keep it up to date, especially the email address of at least one account owner, because that is where we send notices.
2.2 Each login belongs to one person. Invite as many team members as your plan allows; don't share a single login between people.
2.3 Keep your credentials safe and turn on single sign-on or two-factor authentication where available. You are responsible for activity under your account, including activity by team members you invite. Tell us at security@instatus.com as soon as you learn of unauthorized access.
2.4 Accounts may not be registered by bots or other automated means, except through our documented APIs.
2.5 Who owns and controls an account is explained in our Account Ownership Policy.
3. Your data
3.1 You own your data. "Customer Data" means everything you or your users submit to the Service, including status page content, incident and maintenance updates, monitor configurations and results, subscriber lists, on-call schedules and team information. As between you and us, you own Customer Data. We claim no intellectual property rights in it.
3.2 What we may do with it. You give us a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit and display Customer Data only as needed to provide, secure and support the Service, to prevent abuse, and as required by law. This licence ends when the Customer Data is deleted from the Service.
3.3 Public content. Status pages are public unless you choose a private or audience-specific page. Anything you publish to a public status page, widget, feed, badge or API endpoint can be seen, cached and copied by anyone. We are not responsible for content you choose to make public.
3.4 Personal data. When we process personal data inside Customer Data, such as your subscribers' email addresses or your team's phone numbers, we act as your processor (or "service provider") under the Data Processing Addendum, which forms part of these Terms automatically. You don't need to sign anything for it to apply. How we handle personal data for which Instatus is responsible, such as account and billing details, is described in our Privacy Policy.
3.5 Your responsibilities for Customer Data. You are responsible for the accuracy and legality of Customer Data and for having the rights, notices and consents needed to give it to us, including consent from people you add as status page subscribers or as on-call contacts who receive SMS messages or phone calls.
3.6 Service data. We collect information about how the Service is used and how it performs, such as feature usage, error logs and monitor response times ("Service Data"). We use it to run, secure and improve Instatus. We will only share it outside Instatus in aggregated or de-identified form that does not identify you or any person.
3.7 Exporting your data. You can export your data through the dashboard and the API while your account is active. Deletion after cancellation is covered in section 11.
4. Using the Service
4.1 Your rights. While your subscription is active, you may use the Service for your own internal business purposes and to communicate with your customers and users, within the limits of your plan.
4.2 Acceptable use. You must follow our Acceptable Use Policy. In particular, only monitor systems you own or are authorized to monitor, and only message people who have asked to hear from you.
4.3 Restrictions. You must not, and must not help anyone else to:
- resell, sublicense or provide the Service to third parties as a standalone service, except as a status page for your own products or as permitted by your plan or Order Form;
- copy, modify, or create derivative works of the Service, or reverse engineer it except where the law allows this despite this restriction;
- probe, scan, load test or penetration test the Service without our written consent (see our security response page for responsible disclosure);
- get around usage limits, access controls, or plan restrictions;
- use the Service to build a competing product, or copy our design, text or code; or
- make a website appear to be operated or endorsed by Instatus when it isn't.
4.4 Plan limits and fair use. Each plan has limits on things like monitors, check frequency, subscribers, team members, SMS and calls, as shown on our pricing page or your Order Form. If your use goes far beyond what a plan reasonably covers, or puts the Service at risk for other customers, we will contact you to agree on a fix before we act, except where we must act right away to protect the Service.
4.5 API. The API is part of the Service. Rate limits apply. We may revoke API keys that are being abused, and will tell the account owner when we do.
4.6 Integrations and third-party services. You may connect third-party products such as Slack, Microsoft Teams, Discord, PagerDuty, Jira or your own SMTP, SMS or webhook endpoints. When you enable one, you instruct us to send the relevant Customer Data to it. The third party's terms govern its product, and it is not our subprocessor. We are not responsible for third-party products and may stop supporting an integration if the provider changes or withdraws it.
4.7 AI features. Instatus uses artificial intelligence as part of the Service, for example to summarize incidents, translate status page content, draft updates and detect abuse. Some of this runs automatically on Customer Data, as described on our subprocessors page. Outputs may be inaccurate, so review them before publishing or relying on them. You own the outputs to the extent the law allows. We do not use Customer Data to train AI models, and we only use AI providers that are contractually barred from training their models on it. The providers we use are listed on our subprocessors page.
4.8 Beta features. Features marked beta, preview or early access are offered as-is, may change or be removed, and are excluded from the SLA.
4.9 Feedback. If you send us ideas or suggestions, we may use them without owing you anything.
5. Our responsibilities
5.1 We will provide the Service as described in our documentation and keep it secure under the measures in our security overview and Data Processing Addendum. We won't materially reduce the overall security of the Service during your paid subscription.
5.2 We may update and improve the Service. If we remove a material feature from a paid plan during your subscription term, we will give you at least 30 days' notice, and if that removal materially harms you, you may cancel and receive a prorated refund of prepaid fees for the rest of the term.
5.3 Uptime commitments and service credits are described in our SLA.
5.4 Support is available by email at support@instatus.com and through in-app chat. Business and Enterprise plans include priority support.
5.5 We use subprocessors and hosting partners to provide the Service. We are responsible for their performance of our obligations under the Agreement as if it were our own.
6. Fees, trials and payment
6.1 Fees. You agree to pay the fees for the plan and add-ons you choose, as shown on our pricing page or your Order Form. Unless stated otherwise, fees are in US dollars.
6.2 Free plans and trials. We may offer a free plan or free trial. When a trial ends you will need to choose a paid plan to keep the paid features. Free plans and trials come with no SLA and no service credits.
6.3 Renewal. Subscriptions renew automatically for the same period (monthly or yearly) until cancelled. You can cancel at any time in the dashboard, and cancellation takes effect at the end of the current billing period unless you ask for it to take effect immediately.
6.4 Paddle. Self-serve orders are processed by our reseller and Merchant of Record, Paddle.com Market Limited ("Paddle"), which handles payment, sales tax, VAT and invoices for those orders. For these orders, Paddle's buyer terms also apply to the purchase transaction, and payment questions can be sent to Paddle at paddle.net. Business and Enterprise customers may instead be invoiced directly by Instatus, payable by card or bank transfer within 30 days of the invoice date unless the Order Form says otherwise.
6.5 Taxes. Fees do not include taxes. You are responsible for sales tax, VAT, GST and similar taxes on your purchase, except taxes on our net income. Where Paddle is the Merchant of Record, Paddle calculates and collects these taxes. Where we invoice you directly and we are required to collect a tax, we will add it to the invoice unless you give us a valid exemption certificate.
6.6 Upgrades and downgrades. Plan changes take effect immediately, and the prorated difference for the rest of the billing period is added to, or credited against, your next payment. Downgrading may reduce limits or remove features, and content that no longer fits within the new plan may stop being shown; we warn you in the dashboard before you confirm.
6.7 Price changes. We may change our prices with at least 30 days' notice by email to the account owner. New prices apply from your next renewal after the notice period, never in the middle of a prepaid term. Prices in an Order Form are fixed for its term.
6.8 Late payment. If a payment fails, we will retry it and email you. If an amount is still unpaid 7 days after we first notify you, we may suspend paid features until it is paid. We will not delete Customer Data because of late payment without first giving the notices described in our Cancellation Policy.
6.9 Refunds. Refunds follow our Refund Policy. If you cancel a yearly plan, we refund the unused full months. Nothing in these Terms limits refund rights you have under consumer protection law.
7. Confidentiality
7.1 "Confidential Information" is non-public information that one party (the "discloser") shares with the other (the "recipient") that is marked confidential or that a reasonable person would understand to be confidential. Customer Data that is not published on a public status page is your Confidential Information. Our non-public pricing, security documentation and product plans are ours.
7.2 It doesn't include information that is or becomes public through no fault of the recipient, that the recipient already knew or independently developed, or that it lawfully received from someone else without a duty of confidentiality.
7.3 The recipient will use Confidential Information only to perform under the Agreement, protect it with at least reasonable care, and share it only with its employees, contractors, advisers and subprocessors who need it and are bound by confidentiality duties at least as protective as these. A recipient may disclose Confidential Information if the law requires it, after giving the discloser prompt notice where the law allows, so that the discloser can seek protection.
8. Intellectual property
8.1 Instatus owns the Service, including its software, design, documentation and brand, and all improvements to it. Except for the rights set out in these Terms, no rights are granted to you.
8.2 You may display the "Powered by Instatus" link and our badges as provided in the product. Other uses of our name and logo need our permission.
8.3 We won't use your name or logo in marketing without your permission.
9. Warranties and disclaimers
9.1 Each party warrants that it has the authority to enter into the Agreement. We warrant that the paid Service will perform materially as described in our documentation. If it doesn't, tell us and we will try to fix it. If we can't fix it within a reasonable time, you may cancel and receive a refund of prepaid fees for the rest of the term. This is your sole remedy for breach of this warranty.
9.2 Apart from the warranties in these Terms, and to the extent the law allows, the Service is provided "as is" and "as available". We disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. Monitoring checks, alerts and notifications depend on networks, carriers and third-party providers outside our control, so we do not warrant that every alert will be delivered or that the Service will be uninterrupted or error-free. You should not rely on Instatus as the only safeguard for systems where a missed alert could cause death, personal injury or environmental damage.
10. Indemnification
10.1 By us. We will defend you against any third-party claim that the Service, as we provide it, infringes that party's intellectual property rights, and pay any damages and costs finally awarded against you or agreed in a settlement we approve. If such a claim is made or is likely, we may get you the right to keep using the Service, modify it so it no longer infringes, or, if neither is reasonable, end your subscription and refund prepaid fees for the rest of the term. We have no obligation for claims arising from Customer Data, third-party products, combinations with things we did not provide, or use in breach of the Agreement.
10.2 By you. You will defend us against any third-party claim arising from Customer Data, or from your use of the Service in breach of the Agreement or the law, and pay any damages and costs finally awarded against us or agreed in a settlement you approve.
10.3 Process. The party seeking defense must notify the other promptly (a delay only matters to the extent it causes prejudice), give the defending party control of the defense and settlement, and provide reasonable help at the defending party's expense. No settlement may require the protected party to admit fault or pay money without its consent.
11. Term, cancellation and termination
11.1 The Agreement lasts until your subscription and any Order Forms have ended or been terminated.
11.2 Cancelling. You can cancel a paid plan at any time with Cancel plan in your project's billing settings. See our Cancellation Policy for details.
11.3 Termination for breach. Either party may terminate the Agreement if the other materially breaches it and does not fix the breach within 30 days of written notice. If you terminate because of our breach, we will refund prepaid fees for the rest of the term.
11.4 Suspension. We may suspend access to all or part of the Service if (a) your use breaches the Acceptable Use Policy or the law, (b) your use poses a security risk or could harm the Service or other customers, or (c) payment is overdue as described in section 6.8. We will give you advance notice and a chance to fix the problem where reasonably possible, limit the suspension to what is needed, and lift it once the issue is resolved. We may terminate immediately in cases of serious or repeated abuse, fraud or illegal activity.
11.5 Free accounts. We may close free or inactive accounts as described in our Cancellation Policy, and will email the account owner first.
11.6 Discontinuing the Service. If we ever stop offering the Service, we will give at least 90 days' notice and refund prepaid fees for the period after shutdown. See also our pledge, Until the End of the Internet.
11.7 After termination. Your access ends and we delete Customer Data as described in our Cancellation Policy: within 30 days from our active systems and within 60 days from backups. If you need a copy of your data after cancelling, email us within those 30 days. Sections 3.6, 6 (for amounts owed), 7, 8, 9.2, 10, 12, 14 and any other terms that by their nature should survive will survive.
12. Limitation of liability
12.1 To the extent the law allows, neither party is liable to the other for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, however caused, even if it was told they were possible.
12.2 To the extent the law allows, each party's total liability arising out of or relating to the Agreement is limited to the amounts you paid or owe for the Service in the 12 months before the event giving rise to the liability, or US $100 if you use only free plans.
12.3 These limits do not apply to your payment obligations, a party's indemnification obligations under section 10, a party's gross negligence, fraud or wilful misconduct, or liability that cannot be limited by law.
13. Changes to these Terms
13.1 We may update these Terms as Instatus and the law change. Every version carries a "last updated" date, and we record changes on our policy updates page.
13.2 If a change materially reduces your rights or increases your obligations, we will email the account owner at least 30 days before it takes effect. Changes required by law, or that only affect new features, may take effect sooner.
13.3 If you don't agree to a material change, you may cancel before it takes effect and receive a prorated refund of prepaid fees for the rest of your term. If you keep using the Service after a change takes effect, the updated Terms apply. Changes do not alter a signed Order Form during its current term.
14. General
14.1 Governing law and courts. The Agreement is governed by the laws of the State of Delaware, USA, without regard to its conflict-of-law rules. The state and federal courts located in Delaware have exclusive jurisdiction, and both parties consent to them. Either party may seek urgent injunctive relief in any competent court. The UN Convention on Contracts for the International Sale of Goods does not apply. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live.
14.2 Notices. We send notices to the email address of your account owners, or as stated in an Order Form. Send legal notices to us by email at support@instatus.com with "Legal notice" in the subject line, and by post to Instatus, Inc., 9450 SW Gemini Dr PMB 30900, Beaverton, Oregon 97008-7105, USA.
14.3 Assignment. Neither party may assign the Agreement without the other's consent, except to a successor in a merger, acquisition or sale of all or most of its business or assets, with notice to the other party. Any other attempted assignment is void.
14.4 Force majeure. Neither party is liable for a delay or failure caused by events beyond its reasonable control, such as natural disasters, war, terrorism, labour action, government action, pandemics, or internet, utility or cloud provider failures, provided it takes reasonable steps to limit the impact. This does not excuse payment obligations.
14.5 Export and sanctions. Each party will comply with export control and sanctions laws. You represent that you are not located in, or owned or controlled by anyone in, a country or region subject to comprehensive US sanctions, and that you are not on a US government restricted-party list.
14.6 Anti-corruption. Neither party has offered or received any bribe or improper payment in connection with the Agreement.
14.7 US Government users. The Service is "commercial computer software" and is provided to US government users only with the rights in these Terms.
14.8 Independent parties. The parties are independent contractors. There are no third-party beneficiaries of the Agreement.
14.9 Entire agreement. The Agreement is the entire agreement between us about its subject and replaces prior agreements on that subject. Failing to enforce a term is not a waiver. If any term is found unenforceable, it will be enforced as far as possible and the rest of the Agreement stays in effect.
14.10 Language. These Terms are written in English. If we provide a translation, the English version controls.
14.11 Contact. Questions about these Terms can be sent to support@instatus.com.
Previous versions of these Terms are available on request and are summarized on our policy updates page.