General Terms and Conditions
§ 1 Scope
(1) These General Terms and Conditions (GTC) apply to all contracts between Clesk Digital GmbH (hereinafter “Provider”) and the customer regarding use of the online service “Clesk Uptime” (hereinafter “Service”).
(2) Deviating terms of the customer are not recognized unless the Provider expressly agrees to their validity in writing.
(3) A consumer within the meaning of these GTC is any natural person who concludes a contract for purposes that are predominantly neither commercial nor attributable to their independent professional activity (§ 13 German Civil Code).
§ 2 Subject of the contract
(1) Clesk Uptime is a web-based service for monitoring the availability of websites, APIs and heartbeats. The specific scope of services follows from the current service description at https://uptime.clesk.space.
(2) The Provider delivers the Service as Software-as-a-Service (SaaS). Software is not provided on data carriers or installed at the customer’s premises.
(3) Public status pages, outage notifications and historical availability statistics are part of the Service where included in the respective plan.
§ 3 Registration and conclusion of contract
(1) Registration takes place via the online form on the website. A user agreement is concluded upon completion of registration and confirmation of the email address.
(2) The customer must provide truthful information during registration and treat access credentials confidentially.
(3) The Provider is entitled to reject registrations without giving reasons.
§ 4 Services and free tier
(1) Each customer may use up to three monitors permanently free of charge (free tier).
(2) For each additional monitor, the fees displayed on the website apply.
(3) The Provider is entitled to adjust the scope of the free tier provided existing contracts are not unreasonably disadvantaged.
§ 5 Prices and payment
(1) All prices are gross prices in euros including statutory VAT unless stated otherwise.
(2) Paid monitors are billed annually in advance. The current price is EUR 0.50 per monitor per month (EUR 6.00 per monitor per year).
(3) The number of billable monitors is determined by the highest number of simultaneously active monitors during the respective billing period, minus the three free monitors (free tier). Temporarily deactivating monitors before the billing date therefore does not reduce the fee. The currently relevant number is visible at any time in the “Billing” section of the dashboard.
(4) Payment is made via payment provider Mollie (e.g. SEPA direct debit or credit card). For recurring payments, the customer grants a corresponding mandate.
(5) In the event of late payment, the Provider is entitled to downgrade access to the free tier after unsuccessful payment attempts until the outstanding amount is settled.
§ 6 Availability and maintenance
(1) The Provider endeavours to ensure high availability of the Service but does not guarantee a specific minimum availability unless an SLA has been expressly agreed.
(2) Maintenance work is carried out outside peak usage times where possible and announced in the dashboard.
(3) The Service is a monitoring tool. It does not replace the customer’s own responsibility for monitoring critical systems and does not relieve the customer of maintaining appropriate contingency measures.
§ 7 Customer obligations
(1) The customer may only use the Service for lawful purposes and must not monitor URLs they are not authorized to monitor.
(2) The customer must ensure that monitoring requests do not cause disproportionate load on target systems.
(3) The customer is responsible for the correctness of configured notification channels.
§ 8 Right of withdrawal
Consumers have a statutory right of withdrawal. Details are set out in our withdrawal policy.
§ 9 Term and termination
(1) The contract runs for an indefinite period and may be terminated by either party at any time. Termination is possible via the termination page or by email to hey@clesk.de.
(2) If the customer terminates, access ends at the end of the current billing period. Fees already paid for the remaining period are not refunded on a pro-rata basis unless the customer exercises a statutory right of withdrawal.
(3) The right to extraordinary termination for good cause remains unaffected.
§ 10 Liability
(1) The Provider is fully liable for intent and gross negligence and for damage resulting from injury to life, body or health.
(2) In cases of slight negligence, the Provider is only liable for breach of essential contractual obligations (cardinal duties), limited to foreseeable, typical contractual damage.
(3) Liability for indirect damage, lost profits or data loss is excluded to the extent permitted by law.
(4) The Provider is not liable for outages or false alerts caused by disruptions at third-party providers, networks or systems monitored by the customer.
§ 11 Data protection
Information on the processing of personal data can be found in our privacy policy.
§ 12 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction is the Provider’s registered office.
(3) Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.
(4) As of: June 2026