Terms of Service

These Terms of Service ("Terms") govern your use of the Velprove service ("Service") operated by Technologies Velprove Inc., having its registered office at 204 rue du Saint-Sacrement, espace 300, Montréal (Québec) H2Y 1W8, Canada, doing business as Velprove ("Velprove," "we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms.

Our Privacy Policy is incorporated into these Terms by reference and forms part of the agreement between you and Technologies Velprove Inc. By accepting these Terms, you also acknowledge that you have read and agreed to the Privacy Policy. If there is any conflict between the Privacy Policy and these Terms regarding the handling of personal information, the Privacy Policy controls on that specific question.

1. Service Description

Velprove is a web-based uptime and functional monitoring service. We periodically send HTTP requests to URLs you configure, launch real browsers to test login workflows, evaluate responses against your defined conditions, and notify you when monitors fail. The Service includes dashboard access, alert notifications, and monitoring result history based on your subscription plan.

2. Account Responsibilities

When you create an account, you agree to the following:

• You must provide accurate and complete registration information.
• You are responsible for maintaining the security of your account credentials.
• You are responsible for all activity that occurs under your account.
• You must notify us immediately if you become aware of any unauthorized use of your account.

Age and Parental Consent

You must be at least 18 years old to create an account and enter into these Terms. The Service is not intended for children under 14. Users under 14 may only use the Service with the prior verified consent of a parent or legal guardian, in accordance with Quebec Law 25. Users between 14 and 18 in Quebec may use the Service with the consent of a parent or legal guardian. Users in the European Union must be at least 16 years old, or the applicable age of digital consent in their country, or have the consent of a parent or legal guardian. If we become aware that we have collected personal information from a child under 14 without parental consent, we will delete it promptly.

3. Commercial Use

The Service may be used for commercial, business, and revenue-generating purposes on all plans, including the free plan. You are explicitly permitted to use Velprove to monitor business websites, SaaS products, e-commerce stores, client sites managed as an agency or freelancer, internal tools, and any other revenue-generating services, subject to the Acceptable Use restrictions in Section 4.

No upgrade is required, no credit card is required, and no commercial-use surcharge applies to your current plan. Any future introduction of commercial-use pricing or restrictions on existing plans is subject to the notice commitment below. We will not retroactively reclassify accounts from free to paid, and we will not introduce commercial-use restrictions on existing plans without at least 90 days' notice by email and in-product notification.

4. Acceptable Use

You agree not to use the Service for any of the following:

• Monitoring websites or services that you do not own or have authorization to monitor.
• Monitoring URLs that host illegal content or facilitate illegal activities.
• Attempting to overload, disrupt, or perform denial-of-service attacks against any third-party service through monitoring checks.
• Circumventing plan limits by creating multiple free accounts.
• Using the Service to scrape, harvest, or collect data from third-party websites beyond what is necessary for uptime monitoring.
• Interfering with or disrupting the integrity or performance of the Service.
• Reverse engineering, decompiling, or attempting to extract the source code of the Service.
• Configuring automated logins on any third-party service for browser login monitoring without having proper authorization to do so.

We reserve the right to suspend or terminate accounts that violate these acceptable use policies without prior notice.

5. Plans, Limits, and Billing

5.1 Subscription Plans

The Service is available under multiple subscription plans (Free, Starter, and Pro), each with defined limits on the number of monitors, monitor intervals, and data retention periods. The current features, limits, and pricing for each plan are published on our pricing page.

• Free Plan: Available at no cost with limited monitors and features.
• Paid Plans: Billed monthly through our payment processor. You authorize us to charge your payment method on a recurring basis.

5.2 Data Retention by Plan

Each plan includes tiered data retention as follows:

Failure screenshots use count-based retention rather than time-based retention. When a new failure screenshot is captured and the plan's count limit has been reached, the oldest screenshot is automatically deleted.

Data beyond the applicable retention period is permanently deleted. We are not responsible for data loss resulting from the expiration of a retention period. You are responsible for exporting any data you wish to keep before the applicable retention period expires.

5.3 Plan Changes

• Upgrades: Plan upgrades take effect immediately, with prorated charges applied.
• Downgrades: Plan downgrades take effect immediately. If your current monitors or data exceed the limits of your new plan, excess monitors will be paused automatically and data beyond the new retention limits will be removed within 24 hours. We recommend reviewing your monitoring history before downgrading.
• Cancellation: You may cancel your subscription at any time. Access to paid features continues until the end of your current billing period.

5.4 Pricing Changes

We may change our pricing or plan features with at least 60 days' prior notice, or a longer notice period where required by applicable consumer protection law. If you do not agree with a pricing change, you may cancel your subscription before the change takes effect. Continued use of the Service after a pricing change constitutes acceptance of the new pricing.

Fees paid are generally non-refundable. However, if you are a consumer under the Quebec Consumer Protection Act or any equivalent consumer protection law in your jurisdiction, you retain all refund rights granted to you by that law, and nothing in these Terms limits or waives those rights. Refund requests under applicable consumer protection law may be directed to legal@velprove.com.

5.5 Sub-processors

We use a limited set of third-party service providers (sub-processors) to operate the Service, including infrastructure and hosting providers, payment processors, email delivery services, notification channel providers, CDN and security providers, object storage providers, and error tracking services. Categories of sub-processors and our data handling practices are described in our Privacy Policy. We remain responsible for the acts and omissions of our sub-processors to the same extent as if we performed those acts and omissions ourselves.

6. Service Availability

We strive to maintain high availability of the Service but do not guarantee any specific uptime percentage or service level agreement (SLA). The Service may be temporarily unavailable due to scheduled maintenance, infrastructure issues, or circumstances beyond our control. We will make reasonable efforts to notify you of planned maintenance in advance.

7. Limitation of Liability

The limitations and exclusions in this Section apply to the maximum extent permitted by applicable law. If you are a consumer under the Quebec Consumer Protection Act or any equivalent consumer protection law that prohibits limitation of liability for specific types of damages, those limitations do not apply to you to the extent they are prohibited. Nothing in these Terms excludes or limits liability for fraud, gross negligence, willful misconduct, or any other liability that cannot be excluded or limited by applicable law.

Subject to the above:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied.
• We do not warrant that the Service will be uninterrupted, error-free, or that monitoring results will be completely accurate.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
• Our total liability for any claims arising from or related to the Service is limited to the amount you paid us in the twelve months preceding the claim.
• We are not responsible for any damages resulting from missed alerts, false positives, false negatives, or delayed notifications.
• We are not liable for any unauthorized access to or use of third-party services resulting from a compromise of credentials stored with the Service, except where such compromise results directly from our gross negligence or willful misconduct. You are responsible for using dedicated monitoring accounts with limited permissions and for revoking access promptly if you suspect a compromise.

8. Intellectual Property

The Service, including its design, code, features, and documentation, is owned by us and protected by intellectual property laws. You retain ownership of any data you submit to the Service, including monitor configurations and any content in your requests. You grant us a limited license to use your data solely for the purpose of providing the Service.

9. Termination

Either party may terminate this agreement at any time:

• By you: You can delete your account at any time through your account settings or by contacting us.
• By us: We may suspend or terminate your account if you violate these Terms, engage in abusive behavior, or fail to pay applicable fees.

Upon termination, your right to use the Service ceases immediately. We will delete your data in accordance with our Privacy Policy.

10. Changes to These Terms

We may modify these Terms at any time. When we make material changes, we will notify you by email or by posting a notice within the Service at least 60 days before the changes take effect, or a longer notice period where required by applicable consumer protection law. Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you may close your account before they take effect.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes arising from these Terms or the Service will be resolved through good-faith negotiation. If negotiation fails, the courts of the judicial district of Montreal, Quebec shall have exclusive jurisdiction.

12. Assignment and Successor Entity

You may not assign or transfer these Terms, or any of your rights or obligations under these Terms, without our prior written consent. Any attempted assignment without such consent is void.

We may assign or transfer these Terms, in whole or in part, and any of our rights or obligations under these Terms, without your consent, to (a) any affiliate or successor entity resulting from a corporate reorganization, restructuring, continuance, amalgamation, merger, or conversion of Technologies Velprove Inc., including a continuance under the federal Canada Business Corporations Act or another provincial corporations statute; (b) any purchaser of all or substantially all of our assets or business; or (c) any entity that acquires control of Technologies Velprove Inc. In any such case, these Terms and your account will continue in effect with the successor entity on the same terms, and your continued use of the Service constitutes your acceptance of the successor entity. Where required by applicable privacy or consumer protection law, we will notify you of the assignment by email or through the Service.

These Terms bind and benefit the parties, their permitted assigns, and their respective successors.

13. Contact Us

If you have questions about these Terms, contact us at support@velprove.com.