End User License Agreement

1. Definitions

• "Software" means the ACS Monitor application, including the web application, probe service, associated Docker images, documentation, updates, and related materials.
• "License Key" means the unique key issued by ACS that activates and governs use of the Software.
• "Instance" means a single deployed installation operating under one License Key.
• "Device" means any network-connected hardware or virtual machine monitored by the Software.
• "Service Monitor" means any configured protocol-based check (HTTP, ping, TCP, DNS, SMTP, SSH, etc.).
• "Usage Cap" means the maximum number of combined active Devices and Service Monitors permitted under a license.
• "You" / "Licensee" means the individual or entity using the Software.
• "Authorised User" means any individual granted access by You.
• "Personal Data" has the meaning under GDPR/UK GDPR.
• "Update" means patches or minor releases.
• "Upgrade" means major releases with potential new terms.

2. License Grant

2.1 Grant

ACS grants You a non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software on infrastructure controlled by You, within your license limits.

2.2 Permitted Use

You may:

• Install and operate the Software
• Create Authorised Users
• Use white-label features
• Apply Updates

2.3 Restrictions

You shall not, except where permitted by applicable law:

• Reverse engineer or modify the Software (except where legally permitted)
• Distribute or resell the Software, except where You provide managed monitoring services as defined in your order or subscription terms
• Remove proprietary notices
• Use the Software to build a competing product
• Circumvent licensing or usage limits
• Share License Keys
• Exceed your Usage Cap
• Use the Software unlawfully

2.4 Reservation of Rights

All rights not expressly granted are reserved. The Software is licensed, not sold.

2.5 Fair Use and Anti-Abuse

The Software includes free-tier and usage-limited licensing models intended for legitimate evaluation, development, and small-scale operational use.

You agree not to misuse or attempt to circumvent these limitations.

Prohibited activities include, but are not limited to:

• (a) Creating multiple accounts, License Keys, or Instances to bypass Usage Caps or paid subscription requirements;
• (b) Repeatedly redeploying or resetting Instances for the purpose of extending free-tier usage beyond its intended scope;
• (c) Using automation, scripts, or other mechanisms to generate or manage multiple free-tier deployments at scale;
• (d) Sharing License Keys between unrelated parties or organisations;
• (e) Using the Software in a manner that places disproportionate load on ACS licensing or update infrastructure;
• (f) Any activity reasonably intended to avoid payment for features or capacity that would otherwise require a paid license.

ACS may use reasonable technical measures to detect and prevent such behaviour, including analysis of licensing activity and associated technical identifiers.

Where ACS reasonably determines that such misuse or circumvention has occurred, ACS may:

• (i) suspend or revoke affected License Keys;
• (ii) restrict access to licensing or update services;
• (iii) require transition to an appropriate paid subscription tier; or
• (iv) terminate this Agreement in accordance with Section 12.

This clause is not intended to restrict legitimate use of the Software within normal operational environments, including deployments behind shared network infrastructure or NAT.

3. License Validation and Telemetry

3.1 Heartbeat

The Software periodically sends telemetry for:

• License validation
• Usage enforcement
• Update checks

Including:

• License identifier
• Version
• Usage counts
• System metrics (CPU, memory, disk)
• Application status

3.2 Telemetry and Personal Data

Telemetry is not intended to include Personal Data. ACS does not knowingly collect Personal Data and takes reasonable steps to avoid its inclusion.

Telemetry does not include:

• Monitoring data
• Device configurations
• SNMP credentials
• Alert data
• User content

Telemetry may include technical identifiers such as the public IP address of the system communicating with ACS services, solely for legitimate business purposes including license validation, abuse prevention, and security.

3.3 Internet Connectivity

The Software requires periodic internet connectivity for:

• License validation
• Updates
• Usage verification

Loss of connectivity may:

• Limit updates
• Prevent creation of new monitored items

Existing monitoring will continue where technically possible.

ACS will not intentionally disable core monitoring solely due to temporary connectivity loss.

3.4 Enforcement

If limits are exceeded or the license is invalid:

• Creation of new monitoring items may be restricted
• Existing monitoring continues

ACS may enforce such restrictions automatically through the Software.

4. Data Protection and Privacy

Your use of the Software is also subject to our Privacy Policy, which explains how personal data is processed in connection with the Software and related services.

4.1 Roles

• You are the Data Controller
• ACS acts as Processor only for telemetry
• ACS is Independent Controller for account/billing data

4.2 Your Responsibilities

You are responsible for:

• Lawful data processing
• Privacy notices
• Data subject rights
• Retention policies
• Security of your environment

4.3 Data Location

• Monitoring data: stored entirely on your infrastructure
• Telemetry: stored in the UK

4.4 Security

ACS applies:

• TLS encryption
• Access controls
• Security practices

You are responsible for securing your deployment.

4.5 Breach Notification

ACS will notify You within 72 hours of a breach affecting telemetry data.

4.6 Retention

• Telemetry retained during license + 12 months
• Deletion available upon request

4.7 Sub-processors

ACS may use sub-processors and will provide notice via website or communication channels.

4.8 Transfers

Transfers outside UK/EEA comply with GDPR safeguards.

5. Intellectual Property

• Software remains property of ACS
• Your data remains yours
• Feedback may be used freely
• White-label assets remain yours

6. Updates and Upgrades

6.1 Updates

ACS may provide Updates at its discretion.

6.2 Responsibility

You are responsible for applying updates.

6.3 Upgrades

May require additional fees.

6.4 Availability

ACS intends to improve the Software but is not obligated to provide updates indefinitely.

7. Support

Support (if included):

• Covers installation and defects
• Excludes customisation and third-party issues

8. Fees and Payment

All fees are non-refundable except where required by applicable law.

• Fees per subscription
• Auto-renewal applies
• Late payments may suspend validation

9. Warranty Disclaimer

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY.

ACS does not guarantee:

• Error-free operation
• Accuracy of monitoring results

Consumer rights remain unaffected.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

10.1 Cap

ACS's total aggregate liability is limited, in aggregate across all claims, to:

• Fees paid in last 12 months
• OR £100 if no fees paid
• Whichever is greater

10.2 Exclusions

ACS is not liable for:

• Lost profits
• Data loss
• Downtime
• Indirect damages

10.3 Critical Systems

Not for safety-critical use.

10.4 Mandatory Rights

Nothing excludes liability that cannot legally be excluded.

11. Indemnification

11.1 By You

You indemnify ACS for claims arising from:

• Breach of agreement
• Unlawful use
• Your data

11.2 By ACS

ACS indemnifies You for IP infringement claims (subject to conditions).

12. Term and Termination

12.1 Term

Begins on use and continues while licensed.

12.2 Termination by You

You may terminate at any time.

12.3 Termination by ACS

ACS may suspend or terminate this Agreement immediately upon written notice if:

• (a) You materially breach this Agreement and fail to remedy such breach within 30 days of notice;
• (b) applicable fees remain unpaid for more than 60 days;
• (c) You become subject to insolvency or bankruptcy proceedings; or
• (d) ACS reasonably determines that You are intentionally circumventing license restrictions, including but not limited to repeated creation of free-tier Instances or License Keys to avoid Usage Caps or paid subscription requirements.

In such cases, ACS may suspend or revoke License Keys and restrict access to licensing services.

12.4 Effect

• License ends
• Software must be removed
• Key revoked

12.5 Data Retrieval

You are responsible for exporting data.

ACS cannot access or retrieve your data.

13. Governing Law

• England & Wales
• EU users retain local rights

14. General

• Entire agreement
• Amendments allowed
• Severability
• No waiver
• Assignment restrictions
• Force majeure
• Notices via email

15. Open Source

Open source components are included and governed by their own licenses.