1. Agreement and eligibility
These Terms govern your use of Fomkee's websites, applications, APIs, checks, alerts, status pages and related services (the Service). By creating an account, buying a plan or using the Service, you agree to them. If you act for an organisation, you confirm that you may bind it.
You must be at least 18 and legally able to contract. Individuals may subscribe as consumers, and organisations and professionals may subscribe for business use. If you act as a consumer, mandatory consumer rights apply in addition to these Terms. Provisions expressly limited to business use do not apply to you as a consumer.
2. The Service
Fomkee performs automated checks, receives heartbeats, evaluates results, creates incidents, sends configured notifications and can publish status information. A result is an observation from particular systems at a particular time—not a certification of availability, performance, security or compliance.
You are responsible for your account, workspace members, API keys, monitor configuration, notification destinations and keeping contact and billing information current.
3. Authorised and acceptable use
You may monitor only systems and endpoints that you own, control or have permission to test. You must not:
- probe or access systems without permission, evade controls or perform vulnerability scanning;
- overload, disrupt or damage the Service, a target or another person;
- send malware, spam, unlawful content or deceptive notifications;
- infringe privacy, confidentiality or intellectual-property rights;
- circumvent plan, rate, security or technical restrictions; or
- use Fomkee as a safety-critical, medical, emergency or life-support system.
We may rate-limit, block or suspend harmful activity. Where reasonable, we will explain the problem and allow you to correct it.
4. Customer Data
You keep ownership of content and data you submit or direct Fomkee to collect (Customer Data). You give us a limited, worldwide right to host, copy, transmit and otherwise process Customer Data only to provide, secure and support the Service, comply with law and enforce these Terms.
You must have the rights and lawful basis needed for Customer Data and our processing of it. Configure health endpoints to return only necessary information, and do not place secrets or personal data in responses unless necessary, authorised and appropriately protected. Public status-page content is intentionally public. Our Privacy Policy explains our own processing.
5. Third-party services
Fomkee relies on providers such as hosting, identity, analytics, communications and payment services. Destinations you configure receive the alert data you instruct us to send. Third-party services you independently select or control have their own terms and may be unavailable or change.
6. Paid plans, renewal and taxes
The checkout shows the selected plan, billing period, price, currency, included features and limits before you pay. Paid periods are billed in advance and renew automatically until cancelled. You authorise Paddle, as merchant of record, and the applicable payment method to collect each amount due. Checkout shows the applicable tax-inclusive total before you authorise payment.
When checkout includes a free trial, the contract begins when you complete registration and payment authorisation. Your selected plan and its trial limits are active during the trial. No subscription fee is charged before the exact first-payment date shown at checkout. For consumers, the 14-day trial is intended to run alongside the statutory withdrawal period; it does not replace or shorten that right. Depending on applicable law and Paddle's buyer policy, a further withdrawal period may begin when the trial ends and the first payment is made. See the Cancellation and Refund Policy.
The price, features and limits purchased for a paid billing period stay in effect until that period ends, except for changes needed to address security, abuse, law or a third-party dependency. Changes to public plans apply to new purchases. We may change what is offered at a later renewal, but will tell you in advance when the change is material; you may cancel before that renewal. A plan is a time-limited subscription, not a permanent entitlement to an old offer after its paid period.
If a payment fails or is reversed, we may retry collection and notify the workspace owner. While an amount remains overdue, we may restrict or suspend paid features or access to the Service. If non-payment continues, we may terminate the subscription and, after reasonable notice, delete Customer Data associated with the affected workspace. We may retain billing, security, dispute and other records where required by law or legitimate operational needs, and deleted data may remain in backups until they rotate. See the Cancellation and Refund Policy for cancellation, refunds and billing corrections.
7. No uptime or alert guarantee
We design Fomkee for reliability, but do not promise uninterrupted, error-free or secure operation, a particular uptime percentage, or delivery of every check, incident or alert. Results may be late, missing, duplicated, incomplete or inaccurate because of maintenance, software defects, networks, targets, configuration, providers or events outside our control.
Fomkee is a monitoring and alerting aid, not an emergency or safety system. If a missed or late alert could risk life, health or safety, cause major data loss or security harm, or seriously disrupt your business, maintain appropriate independent safeguards and escalation paths rather than relying on Fomkee alone. No service credit applies unless we expressly agree one in writing.
8. Changes, suspension and termination
We may improve, replace or discontinue features. We will use reasonable efforts to notify you before materially reducing a paid Service during its current period, unless an urgent security, legal, abuse or provider issue requires faster action. Preview features may change or end at any time.
We may suspend or end access for material breach, non-payment, unlawful use, security risk or harm to Fomkee or others. We will normally allow a curable breach to be fixed, but may act immediately when delay creates risk. You may cancel under the Cancellation and Refund Policy. Export information you need before access ends.
9. Intellectual property
Fomkee and its licensors own the Service, software, documentation and branding, excluding Customer Data. These Terms give you a limited, non-transferable right to use the Service while your agreement remains active. If you give feedback, we may use it without restriction or payment and without identifying you publicly.
10. Warranty disclaimer
To the maximum extent law permits, the Service is provided as is and as available. We disclaim implied warranties, including fitness for a particular purpose, satisfactory quality and non-infringement. We do not warrant that Fomkee will detect every outage, deliver every alert, preserve every record or meet your requirements.
11. Liability
To the maximum extent law permits, Fomkee is not liable for indirect, incidental, special, consequential or punitive loss, or for lost revenue, profit, business, contracts, goodwill, data or anticipated savings. Fomkee's total aggregate liability connected with the Service or these Terms is limited to the amount you paid for the affected subscription for the billing period in which the event giving rise to the claim occurred.
These limits apply across all claims and legal theories. They do not exclude liability that cannot lawfully be excluded, including fraud, wilful misconduct, or death or personal injury caused by negligence where applicable. For consumers, the exclusions and cap apply only to the extent they are fair and permitted by mandatory law and do not remove mandatory remedies for a digital service that does not conform to the contract.
12. Your responsibility to Fomkee
For business use, you will reimburse Fomkee for third-party claims and reasonable costs caused by your unlawful Customer Data, unauthorised monitoring, misuse of destinations, or material breach of Section 3 or 4, except to the extent caused by Fomkee's own breach, negligence or wilful misconduct.
13. Governing law and disputes
Czech law governs these Terms, without its conflict-of-law rules. Czech courts have exclusive jurisdiction for disputes between businesses. Any mandatory rights to another law or forum are unaffected. Before filing a claim, contact [email protected] so we can try to resolve it informally.
14. Changes and general terms
We may update these Terms prospectively. We will show a new version and effective date and give reasonable advance notice of material changes by email or in-product notice. We may ask you to accept a new version before continued use. If you disagree, stop using and cancel before it takes effect.
These Terms and incorporated policies are the entire agreement for the Service unless we sign a separate agreement. If one provision is unenforceable, the rest remains effective. Delay in enforcement is not a waiver. You may not assign the agreement without consent; we may assign it as part of a reorganisation, financing or sale, subject to law.
Questions: [email protected].