Terms of Service

Last updated: May 2026

1. Acceptance of Terms

By accessing or using Dumza ("Dumza", the "Service"), operated by Sergey Tabachnikov, a sole proprietor based in Canada ("we", "us"), you ("Customer", "you") agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization. If you do not agree, do not use the Service.

2. Account Registration

You must provide accurate, current, and complete information when creating an account, and keep it updated. You are responsible for safeguarding your credentials and for all activity under your account. You must notify us promptly of any unauthorized access. You must be at least 16 years old to use the Service. One account per person or organization; sharing of credentials between users is prohibited — use team-member features instead.

3. Acceptable Use

You may not use Dumza to: (a) monitor, probe, or interact with any service, endpoint, or system that you do not own or for which you do not have express written authorization to monitor; (b) configure check intervals or volumes intended to overload, degrade, or impair a target service ("weaponized monitoring"), and you agree to comply with the rate limits documented in the Service; (c) conduct port scanning, vulnerability probing, penetration testing, or security research against third-party systems without their authorization; (d) circumvent, attack, or disrupt the Service itself or any associated infrastructure; (e) use the Service in connection with content or activity that is unlawful, infringing, fraudulent, defamatory, or that violates third-party rights; (f) resell, rent, or sublicense the Service without our written consent. We reserve the right to suspend or terminate accounts that violate this Section, and to share information with affected third parties or authorities where legally required.

4. Customer Responsibilities for Monitored Targets and Alert Contacts

You represent and warrant that, for every URL, endpoint, or system you configure for monitoring: (a) you own it or have explicit authorization from its owner to monitor it; and (b) any third-party email addresses, phone numbers, or messaging endpoints you configure to receive alerts have agreed to receive operational alert notifications at those addresses. You are solely responsible for the accuracy of monitor configurations, alert contacts, and routing rules. You agree to indemnify and hold us harmless from any claims arising from your breach of this Section, including spam complaints, unauthorized communications claims, or claims by owners of monitored services.

5. Service Availability and Alert Delivery; Disclaimer

We strive to maintain high availability but do not guarantee uninterrupted, error-free, secure, or timely operation. The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. You expressly acknowledge that: (a) alerts may be delayed, missed, or fail to deliver due to factors including network conditions, third-party provider failures, recipient mail server rejections, configuration errors, and outages of the Service itself; (b) the Service is not a substitute for, and you should not rely on it as the sole mechanism for, detecting outages or critical failures of business-critical systems; and (c) any monetary or other loss arising from a missed, delayed, or false alert — including downtime, lost revenue, or reputational harm — is your risk and not ours.

6. Payment, Billing, and Merchant of Record

Paid plans are billed through Polar (polar.sh), which serves as the Merchant of Record for transactions. By purchasing a paid plan, you also agree to Polar's terms applicable to the transaction. Subscriptions renew automatically until cancelled. Refunds are governed by our refund policy in effect at the time of purchase and by Polar's refund mechanics.

7. Intellectual Property

All content, trademarks, software, and other materials comprising the Service are owned by or licensed to us, and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for your internal business purposes during the term of your subscription. You may not copy, modify, reverse engineer, distribute, or create derivative works of any part of the Service without our prior written consent. You retain ownership of the data you submit to the Service ("Customer Data"). You grant us a worldwide, non-exclusive license to host, process, and transmit Customer Data solely as necessary to provide and improve the Service.

8. Limitation of Liability

To the maximum extent permitted by law, in no event shall we be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation loss of profits, revenue, data, business opportunity, or goodwill, arising out of or related to your use of the Service, whether based in contract, tort, statute, or any other legal theory, and whether or not we have been advised of the possibility of such damages. Our total aggregate liability shall not exceed the greater of (a) the amount you paid us in the three months immediately preceding the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100). This Section applies regardless of cause of action, including any claim related to missed, delayed, or erroneous alerts.

9. Indemnification

You agree to indemnify, defend, and hold us harmless from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from (a) your use of the Service, (b) your breach of these Terms, (c) your violation of applicable law, or (d) your violation of any third-party rights, including in connection with monitored targets or alert contacts.

10. Termination

We may suspend or terminate your account at any time for material breach of these Terms, or where required by law. You may cancel your account at any time from the account settings. Upon cancellation: (a) your subscription will continue until the end of the then-current billing period; (b) you will have thirty (30) days to export your Customer Data; and (c) thereafter, we will delete Customer Data, except as required to be retained by applicable law or our legitimate business records. Sections 7, 8, 9, 11, 12, 14, and 15 survive termination.

11. Changes to the Service and to These Terms

We may modify, add, or discontinue features of the Service at any time. We may update these Terms from time to time; for material changes, we will provide reasonable notice by email or in-product notice. Continued use of the Service after the effective date of updated Terms constitutes acceptance.

12. Third-Party Services

The Service may rely on third-party providers, including Polar for payment, email delivery providers, and infrastructure providers. Your use of such third-party services may be subject to their own terms.

13. Force Majeure

We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, network outages, denial-of-service attacks, government actions, or third-party service failures.

14. Governing Law and Venue

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. The exclusive venue for any dispute arising from these Terms or the Service shall be the courts located in Ontario, Canada, and the parties consent to personal jurisdiction therein.

15. General

If any provision of these Terms is held unenforceable, the remaining provisions remain in effect. We may assign these Terms in connection with a merger, acquisition, sale of substantially all assets, or transfer of the Service to a successor entity; you may not assign these Terms without our prior written consent. These Terms constitute the entire agreement between you and us regarding the Service and supersede prior agreements on the subject. No waiver of any provision shall be deemed a waiver of any other provision.

16. Contact

Questions about these Terms? Contact us at info@dumza.com.