Terms of Service

1. Who we are and how to contact us

The AlertKick service is provided by AlertKick Ltd, a company registered in England and Wales under company number 17201100, with its registered office at 25 Watery Lane, Northolt, UB5 6QL, United Kingdom ("AlertKick", "we", "us"). You can contact us at legal [at] alertkick [dot] com for legal matters and support [at] alertkick [dot] com for anything else.

2. The agreement

These Terms of Service, together with the documents they refer to, form a binding agreement (the "Agreement") between AlertKick and the person or organisation that creates an account ("you", "Customer"). The documents incorporated by reference are:

• the Privacy Policy, which explains how we handle personal data;
• the Data Processing Agreement (DPA), which applies whenever the Service processes personal data on your behalf;
• the Refund and Cancellation Policy;
• the Mobile Terms of Service, if you opt in to SMS alerts;
• the plan limits and prices published on the pricing page at the time you subscribe.

If you are accepting on behalf of a company or other organisation, you confirm that you have authority to bind it, and "you" means that organisation. If you and AlertKick have signed a separate written agreement covering the Service, that agreement takes precedence over these terms where the two conflict.

The Service is intended for business use. By creating an account you confirm that you are at least 18 years old and are using the Service for business or professional purposes.

3. The Service

"Service" means the AlertKick platform made available at alertkick.com and its subdomains, the AlertKick agent and related software, the mobile app, the API, and the related integrations, documentation, and support. Depending on your plan it includes:

• agentless uptime, response-time, TLS, and domain monitoring from our poller network;
• a host agent that collects system metrics and security events (including eBPF-based process, network, file-integrity, and SSH login telemetry) from servers you choose to install it on;
• alerting, escalation policies, on-call rotas, and delivery through email, push, SMS, Slack, Telegram, WhatsApp, and webhooks;
• AI-assisted analysis, triage, and incident summaries ("AI Features");
• optional automated responses such as blocking an address, placing a host into a lockdown state, applying a change window, or running diagnostics on a host ("Automated Actions");
• compliance evidence collection and reports;
• public status pages.

Plan limits (hosts, monitors, AI events, retention, support level) are set out on the pricing page and in your account. We may change how features work, and may add or retire features, as described in section 19.

4. Accounts and eligibility

You must provide accurate registration information and keep it current. You are responsible for everything that happens under your account and for every user you invite into it, including keeping credentials, API keys, and agent enrolment tokens confidential. Tell us at security [at] alertkick [dot] com promptly if you believe any of them has been compromised.

Each account is a separate tenant with its own subdomain. You may not share one paid account across unrelated organisations, or use multiple Free accounts to avoid plan limits.

5. Agent software licence

Subject to this Agreement, AlertKick grants you a limited, non-exclusive, non-transferable, revocable licence to install and run the AlertKick agent, its endpoint components, and any other software we supply ("Software") on systems you own or are authorised to administer, solely to use the Service for your own internal business purposes, and within your plan limits.

You may not, and may not allow anyone else to:

• copy, modify, translate, or create derivative works of the Software, except where open-source components included in it are licensed to permit this;
• reverse engineer, decompile, or disassemble the Software except to the extent applicable law expressly allows despite this restriction;
• sell, sublicense, rent, lease, or otherwise make the Software or Service available to third parties, or use them to provide a monitoring or security service to others, without our written agreement;
• remove or obscure proprietary notices, or use the Software to build a competing product.

The Software runs with elevated privileges, loads kernel-level instrumentation (eBPF programs), and communicates with the Service over the network. By installing it you authorise it to do so on that host. The Software checks for and may install updates automatically; you can control the update channel and pin versions where the documentation describes how. We may require an update to continue receiving the Service. Open-source components in the Software are listed in its distribution and licensed under their own terms.

6. AI features and automated actions

This section matters because the Service can do more than notify you. Please read it.

6.1 AI Features

AI Features generate analysis, summaries, classifications, and suggested remediations from your monitoring data using large language models, some provided by third-party sub-processors listed in our sub-processor list. Their output is probabilistic. It can be incomplete, out of date, or wrong, and it can miss real incidents or flag harmless activity. You are responsible for reviewing AI output before relying on it, and for any decision or action taken on the basis of it. AI Features are not a substitute for your own security, compliance, or operational judgement, and are not legal, compliance, or professional advice.

6.2 Automated Actions

Automated Actions are off by default and only run when an administrator of your account enables them, defines the conditions that trigger them, or instructs them directly (for example through the Kicker assistant or a runbook). When you do so you are instructing AlertKick to perform those actions on your systems on your behalf, and:

• you are responsible for deciding which actions are safe to automate, on which hosts, under which conditions, and for testing them in a non-production environment first;
• you acknowledge that Automated Actions can block legitimate traffic, lock out administrators, interrupt services, or otherwise change system behaviour, and that AI-initiated actions carry the limitations described in section 6.1;
• you must keep an independent way of reaching your systems (a break-glass path) that does not depend on the Service, and must not configure the Service as your only means of access or your only safety control;
• you are responsible for any change-window, approval, or lock settings you configure, and for keeping the people who can override them reachable.

We log the actions the Service takes and make that log available in your account. To the maximum extent permitted by law, we are not liable for the consequences of an Automated Action that ran as you configured or instructed it, and section 17 applies to everything else.

6.3 Alerting is not a guarantee of detection

The Service helps you detect and respond to problems; it does not guarantee that every outage, intrusion, misconfiguration, or compliance failure will be detected, reported, or reported in time. Coverage depends on which hosts and checks you configure, network conditions, the behaviour of third-party delivery channels, and the limits of the detection techniques used.

7. Your responsibilities

You will:

• only install the Software on, and only monitor, systems, domains, and endpoints that you own or are expressly authorised to monitor, and obtain any consents required from the people whose activity on those systems will be recorded (for example administrators whose SSH logins and commands are captured);
• provide any notices and obtain any consents required by law for the personal data you choose to send to the Service, and not send us data you are not permitted to share;
• configure and maintain your monitors, escalation policies, on-call rotas, notification channels, and contact details, and keep at least two independent notification channels for critical alerts;
• comply with the laws that apply to you, including export-control and sanctions laws, and use the Service only from and for jurisdictions where doing so is lawful;
• keep your own backups of the systems you monitor and of any configuration you would need to recreate your AlertKick account.

8. Acceptable use

You must not use the Service or Software to:

• monitor, probe, scan, or act on systems you are not authorised to, or interfere with anyone else's systems, networks, or data;
• attempt to gain unauthorised access to the Service, other tenants, or our infrastructure, or to circumvent plan limits, rate limits, tenant isolation, or security controls;
• send, store, or use the Service to distribute malware or unlawful content, or upload data that you are not entitled to process;
• run performance tests, vulnerability scans, or penetration tests against the Service without our prior written agreement (responsible disclosure of issues you find by accident is welcome at security [at] alertkick [dot] com );
• use the AI Features to generate content that is unlawful, or to attempt to extract model weights, system prompts, or other customers' data;
• resell or white-label the Service, or use it to provide a managed service to third parties, without a written agreement with us;
• use the Service in any application where its failure could lead to death, personal injury, or severe physical or environmental damage.

We may suspend access, or disable a specific feature, integration, or agent, immediately and without notice where we reasonably believe this is needed to stop a breach of this section, protect the Service or other customers, or comply with law. We will tell you why and restore access once the issue is resolved where we reasonably can.

9. Fees, billing, and refunds

• Prices and plans. Fees for paid plans are those shown on the pricing page, or in your order, when you subscribe. Prices are in pounds sterling and exclude VAT and other taxes, which are added where applicable.
• Free period. New paid subscriptions start with a 30-day period during which your card is not charged. Cancel within it and you owe nothing. This is offered once per account.
• Billing. After the free period, fees are charged in advance at the start of each monthly or annual billing period to the payment method on file, and renew automatically until you cancel. Any metered usage is charged in arrears.
• Refunds. Refunds are governed by the Refund and Cancellation Policy. Except as set out there or as required by law, fees are non-refundable.
• Late or failed payment. If a charge fails we will retry and notify you. If it remains unpaid for 14 days we may downgrade the account to the Free plan or suspend paid features until payment is made. You remain responsible for fees accrued.
• Price changes. We may change prices with at least 30 days' notice by email. The new price applies from your next billing period after the notice period ends. If you do not agree, cancel before then.
• Plan limits. If you exceed a plan limit we may ask you to upgrade, charge for the overage at the published rate where one exists, or stop accepting data beyond the limit.

10. Term, cancellation, and termination

This Agreement starts when you create an account and continues until terminated. You may cancel a paid plan at any time from Admin > Billing; it takes effect at the end of the current billing period. You may delete your account at any time from account settings, which ends this Agreement.

We may terminate this Agreement on 30 days' notice by email, or immediately if you materially breach it and (where the breach can be remedied) do not remedy it within 14 days of notice, if you fail to pay fees due, if you become insolvent, or if we are required to by law. We may also close Free accounts that have been inactive for 12 months after giving notice by email.

On termination your right to use the Service and Software ends, you must stop using and uninstall the Software, and any fees due become payable. For 30 days after a paid plan ends we keep your data available for export through the Service and the API; after that, and on account deletion, we delete Customer Data as described in the DPA, subject only to records we must keep by law. Sections that by their nature should survive (including the restrictions in 5, and sections 11, 13, 14, 16, 17, 18, 20 and 21) survive termination.

11. Customer Data and privacy

"Customer Data" means data you or your agents and integrations send to the Service, including monitoring data, security events, configuration, and the content of alerts. You own Customer Data. You grant us a licence to host, process, transmit, display, and create derived outputs from Customer Data as needed to provide, secure, support, and improve the Service, and as otherwise permitted by this Agreement and the DPA.

Where Customer Data includes personal data, we process it as your processor under the Data Processing Agreement, which is incorporated into this Agreement. You choose the hosting region (EU or US) for your account, and Customer Data is stored in that region as described in the DPA. We do not sell Customer Data, use it to train third-party AI models, or share it except as the DPA and Privacy Policy describe.

We may collect and use data about how the Service is used and performs (for example feature usage, error rates, and detection statistics) and aggregated or de-identified data derived from Customer Data, to operate and improve the Service and for reporting, provided it does not identify you or any individual. Personal data relating to your users and visitors is handled under the Privacy Policy.

We maintain the technical and organisational measures described in the DPA to protect Customer Data. The Service is multi-tenant; your data is logically separated from that of other customers.

12. Alert delivery and third-party channels

Alerts are delivered through channels you configure, including email, mobile push, SMS, Slack, Telegram, WhatsApp, and webhooks. These depend on third-party networks and services we do not control (carriers, app stores, messaging platforms, your mail provider). Delivery is on a best-effort basis: we will send the message to the channel, but we cannot guarantee when, or whether, it is received. You are responsible for keeping integrations connected, channels authorised, and quiet-hour and severity settings appropriate. Your use of a third-party platform through an integration is also subject to that platform's terms.

13. Intellectual property and feedback

AlertKick and its licensors own all rights in the Service, the Software, our detection rules and models, documentation, and branding, and in anything we create in delivering the Service. Other than the licences expressly granted here, no rights are transferred. If you send us suggestions or feedback we may use them without restriction or payment.

14. Confidentiality

Each of us will keep the other's confidential information (information that is marked confidential or would reasonably be understood to be confidential, which for you includes Customer Data and for us includes non-public details of the Service, its security, and pricing offered to you) confidential, use it only for the purposes of this Agreement, and protect it with at least reasonable care. This does not apply to information that is public through no fault of the recipient, already known to the recipient, independently developed, or received from a third party without a duty of confidence. Either of us may disclose confidential information where required by law or a court, giving the other notice where legally permitted. These obligations last for three years after the Agreement ends, and indefinitely for Customer Data and trade secrets.

15. Free plans, trials, and beta features

The Free plan, any free period, and features labelled beta, preview, experimental, or similar are provided as-is, may be changed, limited, or withdrawn at any time, may be less reliable than generally available features, and may have lower retention. Our obligations and liability for them are limited as described in section 17. We may set and change usage limits for the Free plan at any time.

16. Warranties and disclaimers

We warrant that the Service will perform materially in accordance with its documentation and that we will provide it with reasonable skill and care. Your sole remedy for breach of this warranty is for us to use reasonable efforts to fix the problem and, if we cannot within a reasonable time, for you to terminate the affected subscription and receive a pro-rata refund of prepaid fees for the remaining period.

Except as expressly stated in this Agreement, the Service and Software are provided "as is" and, to the maximum extent permitted by law, we disclaim all other warranties, conditions, and terms, whether express, implied, or statutory, including implied terms of satisfactory quality, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, that it will detect every fault or security incident, that AI output will be accurate, or that the Service will meet any regulatory requirement applicable to you. Compliance reports and evidence produced by the Service are an aid to your own compliance programme; they are not a certification and do not in themselves make you compliant with any standard.

17. Limitation of liability

Nothing in this Agreement limits or excludes either party's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded under applicable law.

Exclusions. Subject to that, neither party is liable under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, revenue, business, contracts, or anticipated savings, loss or corruption of data (other than our obligations under the DPA), loss of goodwill, regulatory fines, or any indirect, special, or consequential loss, even if advised of the possibility.

Cap. Subject to the above, each party's total aggregate liability under or in connection with this Agreement in any 12-month period is limited to the fees paid or payable by you to AlertKick for the Service in the 12 months before the event giving rise to the claim, or, for Free plan accounts and claims that arise during a free period, to one hundred pounds (GBP 100).

Your systems. Without limiting the above, you acknowledge that the Service observes and can act on your systems as you configure it, that you remain responsible for those systems, and that AlertKick is not liable for loss resulting from Automated Actions you enabled or instructed, from actions you or your users take in reliance on AI output or alerts, from alerts that were not received because of a third-party channel, or from your failure to maintain independent access and backups.

18. Indemnities

By you. You will defend and indemnify AlertKick against claims, damages, and reasonable costs arising from Customer Data, from your monitoring of or actions taken on systems you were not authorised to monitor or act on, from your breach of sections 7 or 8, or from your violation of law.

By us. We will defend and indemnify you against third-party claims that the Service, as provided by us and used in accordance with this Agreement, infringes that third party's intellectual property rights in the United Kingdom, the European Union, or the United States. This does not cover claims arising from Customer Data, your configuration or combination of the Service with other products, modifications not made by us, or open-source components under their own licences. If such a claim arises we may modify or replace the affected part of the Service, obtain a licence for you, or, if neither is commercially reasonable, terminate the affected subscription and refund prepaid fees for the unused period. This is your exclusive remedy for infringement claims.

The indemnified party must notify the other promptly, give reasonable cooperation, and allow the indemnifying party to control the defence and settlement (not settling in a way that imposes obligations on the indemnified party without its consent). Section 17 applies to indemnities, except for the cost of defending third-party claims.

19. Changes to the Service and these terms

We improve the Service continuously and may change, add, or remove features. If we discontinue a material feature of a paid plan we will give at least 30 days' notice by email or in the product where practicable, and if the change materially reduces what you paid for you may terminate and receive a pro-rata refund for the remaining period.

We may update these terms. For material changes we will give at least 30 days' notice by email to account administrators or by a notice in the Service before the change takes effect, except where a change is needed urgently for legal or security reasons. If you continue to use the Service after the effective date you accept the updated terms; if you do not agree, cancel before then. The date at the top of this page shows when the terms last changed.

20. Governing law and disputes

This Agreement, and any dispute or claim arising out of or in connection with it (including non-contractual disputes), is governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction, except that either party may seek an injunction or other urgent relief in any court of competent jurisdiction to protect its intellectual property or confidential information. Before starting proceedings, each party agrees to raise the dispute with the other in writing and to try in good faith to resolve it within 30 days. Nothing in this section removes any protections you are entitled to under the mandatory laws of the country where you are established.

21. General

• Entire agreement. This Agreement is the whole agreement between us about the Service and supersedes earlier discussions. Neither party relies on any statement not set out in it, but nothing limits liability for fraud.
• Assignment. You may not assign or transfer this Agreement without our written consent (not to be unreasonably withheld for a transfer to a successor of your whole business). We may assign it to an affiliate or to a successor in a merger, acquisition, or sale of the business, and will notify you if we do.
• Subcontracting. We may use sub-processors and subcontractors as described in the DPA and sub-processor list, and remain responsible for their performance.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including failures of internet infrastructure, hosting providers, carriers, and messaging platforms, provided it uses reasonable efforts to mitigate. This does not excuse payment of fees due.
• Notices. We send notices to the email addresses of your account administrators; you send notices to legal [at] alertkick [dot] com . Notices are treated as received one business day after sending.
• Export and sanctions. You will not use or export the Service or Software in breach of UK, EU, or US export-control or sanctions laws, and confirm you are not a sanctioned person or located in a sanctioned territory.
• Severability and waiver. If a provision is unenforceable the rest remains in force, and the provision is read as narrowly as needed to be enforceable. Failure to enforce a right is not a waiver of it.
• Third-party rights. No one other than the parties (and our affiliates for the purposes of sections 13, 17 and 18) has rights under this Agreement, including under the Contracts (Rights of Third Parties) Act 1999.
• Publicity. We may identify you as a customer by name and logo in customer lists and marketing unless you ask us not to by emailing legal [at] alertkick [dot] com .

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