Terms of Service - UpRock | Legal Agreement

I. Agreement to Terms

These Terms of Service (the "Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you", "Client") and Desert Core SRL as UpRock ("UpRock", "Company", "we", "us", or "our"), concerning your access to and use of the https://uprock.ai/ and/or https://uprock.com/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). We are registered in Bucharest, Romania and have our registered office at Bucharest, District 1, 31 General Gheorghe Magheru Boulevard, floor 5, office 2. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, APPS OR DATA AND YOU MUST DISCONTINUE USE IMMEDIATELY.

These Terms are governing, as well, the access to and use of the UpRock.ai platform and related services, including:

Uptime & Performance Monitoring – a distributed service that tests whether your website or online service is functioning correctly from multiple global and local perspectives.
Web Data Extraction (Scraping-as-a-Service) – a service that automatically collects and structures information from public websites (e.g. prices, product data, job listings, news) and delivers it to you.
Load Testing / Stress Testing – a service that simulates large numbers of users or requests to your website or API to evaluate performance under heavy load.

Together, these are referred to as the "Services."

By accessing or using the Services or Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Acceptable Use Policy, Service Level Agreement and Privacy Policy (available on the Site). If you do not agree with these Terms or any related policies, you must not use the Services.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Terms, and you waive any right to receive specific notice of each such change.

II. Accounts and Eligibility

To use the Services, you may need to register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. By registering, you represent and warrant that you have the legal capacity to enter into this agreement. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and you will refer to that organization.

Account Security: You are responsible for maintaining the confidentiality of your account login credentials (such as username, password, and API keys) and for all activities that occur under your account. You must not share your account credentials with any unauthorized person or allow others to access the Services through your account. If you suspect any unauthorized use of your account or a security breach, you must notify UpRock immediately at the contact information provided below.

Account Usage: You agree to use only one account per individual or entity, unless expressly permitted by us. You must not register or operate multiple accounts to circumvent usage limits, free-tier restrictions, or other account limitations. UpRock reserves the right to suspend or terminate any account that it suspects is duplicative or in violation of these Terms.

Accurate Information: You agree that all information you provide to UpRock (including registration data, payment information, and monitoring target details) is truthful and accurate. Providing false information or impersonating another person or entity is prohibited.

UpRock may, at its sole discretion, refuse to open an account or limit your use of the Services, for example if we have concerns about compliance, security, or past misuse. We may also require you to undergo a verification process (such as identity or business verification) before or during use of certain Services, especially for Web Data Extraction, to ensure compliance with laws and these Terms. Failure to cooperate with any required verification is a basis for suspension or termination of your account.

III. Description of Services and Permitted Use

Our Uptime & Performance Monitoring service allows you to monitor the availability and functionality of your websites, servers, or online services from a decentralized network of devices around the world. UpRock's system will perform periodic tests (e.g. HTTP/HTTPS requests, pings, DNS or port checks, and content keyword checks as applicable) at intervals you select (subject to plan limits) to verify that your service is reachable and operating correctly. We offer monitoring from various geographic locations to provide local perspective (for example, checks from specific countries or regions).

Our Web Data Extraction service will retrieve and deliver structured data from public websites as requested by you. Using our distributed network of nodes (which may include real user devices or proxies) and smart crawling technology, UpRock can collect publicly available information such as product listings, prices, news articles, job postings, or other web data in accordance with your instructions. The data is returned to you in a format as agreed (e.g. JSON, CSV, database import, or via API).

Your Instructions and Data Validity: You are responsible for providing clear and lawful instructions for the data you wish to scrape. This may include target website URLs, specific data fields to collect, frequency of collection, and any formatting requirements. You acknowledge that the quality and accuracy of extracted data depend on the availability and structure of information on target websites.

UpRock reserves the right to review and reject any scraping requests that we reasonably believe may violate applicable laws, third-party rights, or our policies. We may ask you for clarification or proof of your right to scrape certain data (for instance, if the target site contains user personal data or requires login credentials).

Our Load Testing service enables you to assess how your websites, applications, or APIs perform under heavy usage. Upon your request, UpRock will simulate a high volume of traffic or concurrent users, which may involve sending a burst of network requests or initiating concurrent sessions to your specified endpoints. This can help you identify performance bottlenecks, stability issues, or capacity limits of your systems.

You are solely responsible for how you use the data extraction and web crawling features of our Services. By using these features, you represent and warrant that you have obtained all necessary rights, permissions, or legal authorizations to perform data collection from any targeted website or source. UpRock does not monitor or vet the sources you choose to interact with. We expressly disclaim any and all liability for how data extraction tools are used, including but not limited to any infringement of third-party rights, violations of terms of service of other websites, or breach of applicable laws and regulations.

IV. Fees, Payment and Renewal

Paid Plans: UpRock offers its Services on a subscription or usage-based fee model. By signing up for a paid plan or placing an order for Services, you agree to pay the fees indicated for that plan or service. Pricing and available plans (e.g., different tiers of monitoring frequency, number of monitors, volume of data extraction, number of load test credits, etc.) are described on our Site. All fees are stated in the applicable currency (unless otherwise specified, prices are in U.S. Dollars or Euros) and are exclusive of taxes unless stated otherwise.

Depending on the Service, your fees may consist of a recurring subscription (e.g., a fixed monthly or annual fee for a set amount of service usage) and/or usage-based charges (e.g., fees per extra data scraped beyond the plan limit, additional SMS notifications, extra load test runs, or other add-on services).

Free Trials and Free Services: UpRock may offer free trials or limited free-tier Services. Such free offerings are subject to these same Terms. UpRock reserves the right to limit the duration or functionality of free services and to terminate any free trial at any time. After a free trial period ends, if you do not choose a paid plan, your ability to use the Services may be terminated or downgraded automatically.

By subscribing to a paid Service, you authorize UpRock (or our authorized payment processor, e.g. Stripe) to charge the recurring subscription fee and any applicable one-time or usage fees to the payment method you provide. You must provide a valid payment method (such as a credit card or other supported payment instrument) and promptly update your account if there are any changes.

Automatic Renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel it prior to the renewal date. By default, the renewal will be for the same term and at the same pricing (unless we have notified you of a price change as described below). If you wish to cancel auto-renewal, you can do so at any time via your account settings or by contacting us in writing.

Changes in Fees: UpRock may change the fees and pricing for the Services from time to time. We will provide advance notice of any increase in subscription fees or material changes in pricing terms at least 30 days before such changes apply to you. Fee changes will typically go into effect at the start of your next billing cycle after the notice period. All fees are exclusive of any taxes, levies, or duties imposed by taxing authorities. You are responsible for any applicable taxes (e.g., sales tax, VAT, GST, etc.) that may be due in connection with your purchase, other than taxes on UpRock's income.

V. Intellectual Property Rights

The Site and Services, including their original content, features, and functionality, are and will remain the exclusive property of UpRock and its licensors. The Site and Services are protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Except as expressly set forth in these Terms, no right, title, or interest in or to the Site or Services is transferred to you, and all rights not expressly granted are reserved by UpRock. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

VI. Contribution License

By posting, uploading, inputting, providing, or submitting your Contributions (including but not limited to feedback, suggestions, ideas, or other content), you grant UpRock and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that: (1) your Contributions do not infringe any third-party rights; (2) you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us to use your Contributions; (3) your Contributions are not false, inaccurate, or misleading; (4) your Contributions are not unsolicited or unauthorized advertising, promotional materials, spam, or other forms of solicitation; and (5) your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable.

VIII. Third-Party Websites and Content

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

XI. Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms; (3) refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.

XIII. Availability & Service Changes

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or Services.

XIV. Governing Law

These Terms shall be governed by and defined following the laws of Romania. Desert Core SRL and yourself irrevocably consent that the courts of Romania shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.

XV. Dispute Resolution

You agree to irrevocably submit all disputes related to these Terms or the relationship established by these Terms to the jurisdiction of the Romanian courts. Desert Core SRL shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the state of your principal place of business.

XVI. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

XVII. DISCLAIMER

THE SITE AND SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

XVIII. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

XIX. Confidentiality

You agree to maintain the confidentiality of any proprietary information received by you from UpRock, its affiliates, or from other users of the Services, and you agree not to disclose such information to any third party without the prior written consent of UpRock or the owner of such information.

XX. Term and Termination

These Terms shall remain in full force and effect while you use the Site or Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

XXI. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

XXII. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

XXIV. Miscellaneous

These Terms and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Site or Services.

XXV. Contact us

In order to resolve a complaint regarding the Site or Services or to receive further information regarding use of the Site or Services, please contact us at:

Desert Core SRL
Bucharest, District 1
31 General Gheorghe Magheru Boulevard, floor 5, office 2
Bucharest, Romania
Email: legal@uprock.ai