1.1. Welcome to the Alergator service (the “Service”), which is operated by WOOBRO Ltd, a company incorporated in England and Wales (registered number 10997949)(“us”, “we”, “our” or “WOOBRO”).
1.2. The Services include and the following Term of Use (“Terms”) govern all use of the alergator.com website, the Software (defined below) and all content, services, and products available at or through the website or our WordPress integration, including, the Basic, Advanced and Business versions of the Alergator service.
2.1. The Terms apply and govern the relationship between you and us when you view or use the Service via our website (located at alergator.com) or access the Service through software using our API and/or WordPress integration. Please review these Terms carefully. By accessing or using the Service, you signify your agreement to these Terms. If you do not agree to these Terms, you must not access or use the Service.
2.3. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services.
2.4. Use of our Services requires an alergator.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
3. Service description:
3.2. Alergator is a WordPress plugin that, when correctly installed, provides periodic scanning of your WordPress environment amongst other features. Details of the features are set out below, the level of features you have access to will depend on your subscription level:
3.2.1. Uptime Monitor
22.214.171.124. How long your site has been continuously up for
3.2.2. Error Monitor
126.96.36.199. [ ]
3.2.3. Reports (Daily or Weekly)
188.8.131.52. A status report on your WordPress installation, emailed to you daily of weekly
3.2.4. Loading Speed Report
184.108.40.206. A report on how long it took our servers to load your website (a useful tool which you can use as a benchmark)
3.2.5. Update Monitor
220.127.116.11. To check the status of any updates
3.2.6. Slack Notification
18.104.22.168. A slack integration sending notifications direct to your Slack account
3.2.7. Email alerts
22.214.171.124. Email alerts to 1, 2 or 5 accounts upon our detection of an error
3.2.8. SMS Alerts
126.96.36.199. Text alerts to 1 or 5 numbers upon our detection of an error
3.2.9. Backups (5GB or 10GB)
188.8.131.52. Backups of the server logs
3.3. Storage of Information
3.4. Certain Service features rely on your WordPress installation to function. You agree that the Service may interface with and process all data and features which are required in order for us to deliver the Service to you.
3.5. The Service will also store parts of your WordPress content (e.g., your server logs) on our servers as part of the Service (the “Stored Content”). You can view the Stored Content via your Alergator dashboard. You are fully responsible for the Stored Content and we take no responsibility for its integrity - it is your responsibility to maintain backups of the Stored Content and to download it before this Agreement ends. We don’t actively review the Stored Content.
3.6. If you cancel your subscription to the Services, we will queue your backed-up Stored Content for deletion. It is your responsibility to download any Stored Content from your Alergator dashboard prior to cancelling your subscription.
3.8. By using the Service, you grant us access to your website’s servers via our WordPress plugin for the sole purpose of performing the Service and grant us a worldwide, royalty-free, and non-exclusive license to copy and store your Stored Content, to the extent necessary to operate the Service. These Terms don’t give us any rights in your Stored Content, beyond those which we need to operate the Service.
4.1. Restrictions on who may use the Service
4.2. Our Services are not directed to children. Access to and use of our Services is only for those over the age of 18. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.
4.3. Prohibited Uses
4.4. When using the Service, you agree not to:
4.4.1. Publish material or engage in activity that is illegal under applicable law; or
4.4.2. Use the Service to overburden our systems, as determined by us in our sole discretion.
5.1. We can assign or sub-contract the Contract or any part of it to any person without your consent. You cannot assign the Contract or any part of it without our prior written consent.
6.1. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
6.2. You must provide us with, or obtain on our behalf, any:
6.2.1. assistance and support;
6.2.2. documentation and information; and
6.2.3. licences, consents or permits (legal or otherwise) from a third party or governmental or regulatory body, in each case as is reasonably required by us to perform our obligations under this Agreement.
7.2. Some of our Services are offered for a fee — such as the Advanced and Business packages (a “Paid Service”).
7.3. By using a Paid Service, you agree to pay the specified fees, which we’ll bill or charge you for in regular intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
7.4. We use a third party payment system to process payments, your use of their payment system is subject to their terms and conditions.
7.6. If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services.
7.7. Automatic Renewal
7.8. To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase an Alergator annual plan, you will be charged each year.
7.10. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion.
7.11. Fee Changes
7.12. We may change our fees for the Paid Service at any time. When applicable, we will give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.
9.1. This Agreement does not transfer from us to you any WOOBRO or third party intellectual property, and all rights, title, and interest in and to such property will remain (as between the parties) solely with us. Our logos and all other trademarks, service marks, graphics and logos used in connection with Alergator and our Services, are trademarks or registered trademarks of WOOBRO. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any WOOBRO or third-party trademarks.
10.1. We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are (in our opinion) material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
11.1. We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Alergator account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12.1. Our Services are provided “as is.” WOOBRO and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. WOOBRO makes no warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content and/or services through our Services at your own discretion and risk.
13.1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter, existence, validity, termination or enforceability (including any non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
13.2. You agree that the courts of England shall have exclusive jurisdiction in relation to any dispute or claim arising out of or in connection with this Agreement (whether contractual or non-contractual in nature).
14.1. Our total liability to you under this Agreement is limited to the amount paid by you to us during the twelve (12) month period immediately preceding the date you bring any claim.
14.2. Neither party will be liable for lost revenues or profits, downtime costs, loss or damage to data, interruption of use, the costs of procurement of substitute products or indirect, special or consequential costs or damages.
14.3. The components of this clause shall not apply to the extent prohibited by applicable law.
15.1. You represent and warrant that your use of our Services:
15.1.1. will be in strict accordance with this Agreement;
15.1.2. will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United Kingdom or the country in which you reside, privacy, and data protection); and
15.1.3. will not infringe or misappropriate the intellectual property rights of any third party.
16.1. You agree to indemnify and hold harmless WOOBRO, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including legal fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
17.1. This Agreement represents our entire understanding with respect to its subject matter and supersedes any previous communication or agreements that may exist. Modifications to the Agreement will be made only through a written amendment signed by both parties, or by the posting by WOOBRO of a revised version.
17.2. Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable, the other provisions of this Agreement and the remainder of the provision in question shall remain in full force and effect.
17.3. The parties confirm their intent not to confer any rights on any third parties by virtue of this Agreement and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
17.4. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.