Terms of Service

Effective Date: February 1, 2025

Last Updated: November 3, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Future Vision Concepts, LLC, an Ohio Limited Liability Company ("Company," "we," "us," or "our"), governing your access to and use of the DownBad uptime monitoring service at downbad.app (the "Service").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

IMPORTANT: THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 13. PLEASE READ THAT SECTION CAREFULLY.

1. Acceptance of Terms

1.1 Agreement to Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

1.2 Authority to Bind

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.

1.3 Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes by email or through the Service. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms.

2. Description of Service

2.1 Service Overview

DownBad is an uptime monitoring service designed for indie developers, small teams, and solo founders. The Service monitors your websites, APIs, and other online resources and notifies you when issues are detected.

2.2 Monitoring Types

The Service provides the following monitoring capabilities:

HTTP/HTTPS Monitoring — Check website and API availability, response codes, and content
Ping Monitoring — ICMP connectivity checks
Port Monitoring — TCP port availability monitoring
DNS Monitoring — Domain name resolution verification
SSL Certificate Monitoring — Certificate validity and expiration tracking
WHOIS Monitoring — Domain registration and expiration monitoring
Blacklist Monitoring — Domain and IP reputation checking
Email Security Monitoring — SPF, DKIM, and DMARC verification

2.3 Additional Features

Depending on your subscription plan, the Service may include:

Multi-region monitoring
Notification channels (email, webhooks, in-app)
Public status pages
Data export and archival

2.4 Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

3. Eligibility

3.1 Age Requirement

You must be at least 13 years old, or the minimum age required to consent to data processing in your country if that is higher, to use the Service. By using the Service, you represent and warrant that you meet this minimum age.

If you are under 18, you may use the Service only with the permission of a parent or guardian, including to buy a paid plan or the Lifetime Founder Plan.

3.2 Legal Capacity

If you are 18 or older, you must have the legal capacity to enter into a binding contract in your jurisdiction. If you are under 18, your parent or guardian must agree to these Terms on your behalf.

3.3 Account Restrictions

You may not use the Service if you have been previously banned or removed from the Service by us.

4. User Accounts

4.1 Account Creation

To use the Service, you must create an account with a valid email address. You agree to provide accurate, current, and complete information during registration.

4.2 Account Security

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized access or security breach

4.3 Account Restrictions

One account per person or legal entity
Account credentials may not be shared with third parties
Accounts may not be transferred or sold without our written consent

5. Subscription Plans and Pricing

5.1 Available Plans

The Service offers the following subscription tiers:

Free Tier — Limited monitoring with basic features
Pro Plan — $50 per year with expanded features and limits
Lifetime Founder Plan — $299 one-time payment with lifetime access

Feature limits and capabilities vary by plan and are described on our website.

5.2 Price Changes

We reserve the right to modify our pricing at any time. Price changes will not affect your current subscription period but will apply upon renewal. We will provide at least 30 days' notice of price increases.

5.3 Taxes

All prices are exclusive of applicable taxes. You are responsible for paying any taxes associated with your use of the Service.

6. Payment Terms

6.1 Billing

Subscription fees are billed in advance on an annual basis (or as a one-time payment for Lifetime plans). You authorize us to charge your payment method for the applicable fees.

6.2 Auto-Renewal

Annual subscriptions will automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel auto-renewal at any time through your account settings.

6.3 Refund Policy

ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE. This includes:

Annual subscription fees
Lifetime Founder plan payments
Partial periods after cancellation
Unused portions of your subscription

By subscribing, you acknowledge and agree to this no-refund policy.

6.4 Failed Payments

If a payment fails, we may:

Retry the payment
Suspend access to paid features
Downgrade your account to the Free tier
Terminate your account after repeated failures

6.5 Payment Processing

Payment processing is handled by third-party payment processors. By providing payment information, you authorize us and our payment processors to charge your payment method.

7. Acceptable Use Policy

7.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. The Service is intended for monitoring resources you own or have authorization to monitor.

7.2 Prohibited Activities

You agree NOT to:

Use the Service for any illegal purpose or in violation of any laws
Monitor resources without proper authorization
Use the Service to conduct denial-of-service attacks or stress testing against third parties
Attempt to overwhelm, overload, or disrupt monitored targets
Circumvent rate limits, usage quotas, or other technical restrictions
Reverse engineer, decompile, or disassemble any part of the Service
Access or attempt to access other users' accounts or data
Use automated means to access the Service except through our official APIs
Transmit viruses, malware, or other malicious code
Impersonate any person or entity
Interfere with or disrupt the Service or its infrastructure
Use the Service to send spam or unsolicited communications
Resell or redistribute the Service without our written consent

7.3 Rate Limits and Fair Use

We enforce rate limits and usage quotas to ensure fair use of the Service. Minimum check intervals and monitor counts are determined by your subscription plan.

7.4 Enforcement

We reserve the right to investigate and take appropriate action against violations of this policy, including suspending or terminating your account without refund.

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including all software, designs, text, graphics, logos, and other content, is owned by Future Vision Concepts, LLC and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our written permission.

8.2 Your Content

You retain ownership of all data and content you provide to the Service ("Your Content"). By using the Service, you grant us a limited license to use, store, and process Your Content solely to provide the Service.

8.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without compensation to you.

8.4 Trademarks

"DownBad" and related logos are trademarks of Future Vision Concepts, LLC. You may not use our trademarks without our prior written consent.

9. Service Disclaimers

9.1 "As Is" Basis

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 No Guarantees

WE DO NOT GUARANTEE:

100% uptime or availability of the monitoring service itself
Delivery of all notifications or alerts
Accuracy, completeness, or reliability of all monitoring results
Detection of all outages, issues, or problems on your monitored targets
That the Service will meet your specific requirements
That the Service will be uninterrupted, timely, secure, or error-free

9.3 Informational Purpose

MONITORING RESULTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE THE SOLE BASIS FOR CRITICAL BUSINESS DECISIONS. YOU ARE RESPONSIBLE FOR IMPLEMENTING APPROPRIATE BACKUP MONITORING AND VERIFICATION PROCEDURES.

9.4 Third-Party Services

The Service may integrate with or rely on third-party services. We are not responsible for the availability, accuracy, or performance of any third-party services.

9.5 Beta Features

We may offer beta or experimental features. Such features are provided "as is" without any warranty and may be modified or discontinued at any time.

10. Limitation of Liability

10.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FUTURE VISION CONCEPTS, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

Any indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, business opportunities, or goodwill
Cost of procurement of substitute services
Any damages arising from:
- Missed, delayed, or failed notifications or alerts
- False positives or false negatives in monitoring results
- Downtime or unavailability of the monitoring service
- Actions taken or not taken based on monitoring data
- Unauthorized access to or alteration of your data
- Any third-party conduct or content

10.2 Liability Cap

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

The total fees paid by you to us in the twelve (12) months preceding the claim, OR
One hundred United States dollars ($100)

10.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

10.4 Basis of the Bargain

You acknowledge that we have set our prices and entered into these Terms in reliance upon the limitations of liability and disclaimers set forth herein, and that they form an essential basis of the bargain between us.

11. Indemnification

You agree to indemnify, defend, and hold harmless Future Vision Concepts, LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

Your use of the Service
Your violation of these Terms
Your violation of any applicable law or regulation
Your Content or data you provide to the Service
Any claim that your use of the Service infringed or violated the rights of a third party
Your failure to properly secure your account credentials

We reserve the right to assume the exclusive defense of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

12. Termination

12.1 Termination by You

You may cancel your subscription and delete your account at any time through your account settings or by contacting us at [email protected].

12.2 Termination by Us

We may suspend or terminate your account immediately and without notice if:

You violate these Terms or our Acceptable Use Policy
You engage in fraudulent or illegal activity
We are required to do so by law
Continued provision of the Service is no longer commercially viable

For other terminations, we will provide reasonable notice when practicable.

12.3 Effect of Termination

Upon termination:

Your right to access the Service will cease immediately
No refunds will be provided for any unused subscription period
Your data will be retained for 30 days, during which you may request an export
After 30 days, your data will be permanently deleted
Provisions of these Terms that by their nature should survive will remain in effect

12.4 Account Recovery

If your account was terminated in error or you wish to appeal a termination, you may contact us within 30 days of termination at [email protected].

13. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

13.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

13.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") shall be resolved exclusively through binding arbitration, rather than in court, except as provided in Section 13.5.

13.3 Arbitration Rules

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted:

Location: Columbus, Ohio, or by video/telephone conference at your election
Language: English
Arbitrator: A single arbitrator selected in accordance with AAA rules
Governing Rules: The AAA Consumer Arbitration Rules in effect at the time of filing
Award: The arbitrator's decision shall be final and binding

13.4 Class Action Waiver

YOU AND FUTURE VISION CONCEPTS, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

13.5 Exceptions to Arbitration

Notwithstanding the above, either party may:

Bring an individual action in small claims court for disputes within that court's jurisdiction
Seek injunctive or other equitable relief in court for infringement or misappropriation of intellectual property rights
Seek emergency injunctive relief pending arbitration

13.6 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration agreement.

If you opt out, you and the Company will resolve disputes through the courts as described in Section 14.

13.7 Fees

Payment of arbitration fees will be governed by the AAA Consumer Arbitration Rules. If you demonstrate that arbitration costs would be prohibitive compared to litigation costs, we will pay as much of your filing and hearing fees as the arbitrator deems necessary.

14. Governing Law and Jurisdiction

14.1 Governing Law

These Terms and any Dispute shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions.

14.2 Exclusive Jurisdiction

For any Dispute not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Franklin County, Ohio.

14.3 Waiver of Jury Trial

TO THE EXTENT PERMITTED BY LAW, YOU AND FUTURE VISION CONCEPTS, LLC WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

15. Changes to Terms

We may modify these Terms from time to time. When we make material changes:

We will update the "Last Updated" date at the top of these Terms
We will provide at least 30 days' notice before the changes take effect
We will notify you by email or through the Service

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service before the changes take effect.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and us regarding the Service.

16.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or internet service disruptions.

16.6 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us. You have no authority to bind us in any respect.

16.7 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any person or entity.

16.8 Notices

We may provide notices to you by email to the address associated with your account. You may provide notices to us at [email protected].

16.9 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

17. Contact Us

If you have any questions about these Terms, please contact us:

Legal Inquiries:

Email: [email protected]

General Support:

Website: downbad.app

Company: Future Vision Concepts, LLC Ohio, United States

These Terms of Service were last updated on November 3, 2026.