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) A contract for a paid plan is concluded when the customer selects a plan in the “Billing” section, completes the order process via the correspondingly labelled button indicating an obligation to pay, and authorizes the payment. The content of the contract follows from the order summary and these GTC; the customer receives a confirmation in text form (invoice by email).
§ 4 Services and plans
(1) The service is offered in the Free, Pro and Business plans. The included monitor allowance, check interval and feature scope are set out in the service description on the website (“Pricing” section).
(2) The Free plan provides permanently free basic use with a limited number of monitors (currently three), a longer check interval and email notifications.
(3) The paid Pro and Business plans offer a higher monitor allowance, a shorter check interval and additional features (including further notification channels and status pages). Additional monitors can be added in blocks (“add-on”).
(4) The Provider is entitled to further develop the scope of the plans 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) The paid plans are billed at the fixed prices shown on the website (“Pricing” section), at the customer’s choice annually or monthly in advance. Add-ons are billed in addition at the price shown.
(3) When switching to a higher-tier plan or adding add-ons during a current billing period, the pro-rata difference for the remaining period falls due immediately and the change takes effect immediately. A switch to a lower-tier plan takes effect at the end of the current billing period; no pro-rata refund is made.
(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; the first payment falls due upon setting up the mandate.
(5) In the event of late payment, the Provider is entitled to downgrade access to the Free plan after unsuccessful payment attempts until the outstanding amount is settled.
(6) The Provider may adjust prices for future billing periods. A price change will be communicated to the customer in text form at least 30 days before it takes effect; in this case the customer may terminate the contract effective as of the date the change takes effect.
§ 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.
(4) The Provider is released from its obligation to perform to the extent and for as long as performance is prevented by force majeure or other unforeseeable circumstances beyond the Provider’s control (e.g. large-scale network or power outages, attacks on the infrastructure, official orders).
§ 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.
(4) No unlawful content (e.g. in names, logos or descriptions) may be published on status pages. The customer is solely responsible for the content they publish.
(5) The customer indemnifies the Provider against all third-party claims based on the customer’s unlawful use of the Service or use in breach of contract, including reasonable costs of legal defence, unless the customer is not responsible for the infringement.
§ 8 Suspension in case of misuse
(1) The Provider may temporarily suspend individual monitors, status pages or the customer’s access if there are concrete indications that the customer is violating § 7, that the Service is being misused (e.g. monitoring third-party systems without authorization, attacks, excessive load impairing operation) or that suspension is necessary to protect the infrastructure, other customers or third parties.
(2) Where reasonable, the customer will be notified before the suspension; otherwise they will be informed without undue delay afterwards. The suspension will be lifted as soon as its reason no longer applies.
(3) The obligation to pay remains unaffected by a justified suspension. Further rights of the Provider, in particular extraordinary termination, remain unaffected.
§ 9 Right of withdrawal
Consumers have a statutory right of withdrawal. Details are set out in our withdrawal policy.
§ 10 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 to the paid plan ends at the end of the current billing period; the account is then switched to the Free plan. 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.
(4) The Provider may delete free accounts that have not been used for more than twelve months after giving at least 30 days’ notice by email to the registered address. If the customer logs in within this period, the account is not deleted.
§ 11 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.
(5) Towards entrepreneurs, liability for simple negligence, except in the cases of paragraph 1, is limited in amount to the fees paid by the customer in the twelve months preceding the damaging event.
(6) Liability under the German Product Liability Act, in cases of fraudulent intent and under any guarantee expressly given by the Provider remains unaffected by the above limitations.
§ 12 Changes to these GTC
(1) The Provider may amend these GTC with effect for the future where this is necessary due to changes in legislation or case law or the further development of the Service, and the customer is not unreasonably disadvantaged as a result. The main contractual obligations (scope and price of the booked plan) cannot be changed in this way; § 4 (4) and § 5 (6) apply to those.
(2) Changes will be communicated to the customer in text form at least 30 days before they take effect. If the customer does not object before the changes take effect, the amended GTC are deemed accepted; the notification will specifically point out this consequence and the right to object. In the event of an objection, either party may terminate the contract with effect from the date the change takes effect.
§ 13 Data protection
Information on the processing of personal data can be found in our privacy policy.
§ 14 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) The customer may only set off claims against the Provider that are undisputed or have been finally established by a court; a right of retention may only be based on claims arising from the same contractual relationship.
(4) The contract language is German. Where the Provider makes translations of these GTC or of the Service available, they are for information purposes only; the German version prevails.
(5) Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.
(6) As of: July 2026