General terms of sale and use

These terms govern the use of the StatOps service, published by Valentin THUILLIER (Sole trader, SIRET 132 220 500 00012), hereinafter “StatOps”.

1. Purpose and scope

StatOps is an online service for discovering and monitoring websites (uptime, SSL certificates, server and container status), with alerts and white-label PDF reports. It is intended exclusively for professionals: web agencies, freelancers, managed-service providers. It is not offered to consumers.

The account owner accepts these terms by ticking the box provided at sign-up; StatOps keeps the date of that acceptance. Using the service also constitutes acceptance. They prevail over any purchase conditions of the client, unless agreed in writing.

The contract is concluded in French, when the sign-up is confirmed, after a summary that allows the information entered to be checked and corrected. The parties, all professionals, otherwise exclude articles 1127-1 and 1127-2 of the French civil code, as article 1127-3 allows.

2. Definitions

  • Client: the professional who creates an organisation on StatOps.
  • User: any person attached to the Client’s organisation.
  • End clients: the Client’s own clients, whose sites are monitored.
  • Agent: the software the Client installs on its servers.
  • Site: a domain name monitored by the Service; the versions with and without “www” count as one Site.
  • Service: the whole made up of the dashboard, the API, the Agent, the probes and the reports.

3. Access to the service and account

The Client creates an account with accurate information and keeps it up to date. It keeps its credentials confidential and turns on two-factor authentication for accounts with extended rights. It is responsible for actions carried out with its credentials and those of its Users.

The Service is reserved for professionals: a valid, active SIRET number is required at sign-up, and the account’s email address must be confirmed. StatOps may refuse or close an account created with inaccurate information.

4. Description of the service and availability

StatOps provides the Service with the diligence expected of a professional (an obligation of means). StatOps endeavours to keep it available 24 hours a day but does not guarantee a quantified service level, unless separately agreed in writing. The Service may be interrupted for maintenance, upgrades or security reasons; StatOps gives notice where possible.

StatOps may change the Service. Changes that significantly reduce its essential functions are announced with reasonable notice.

5. Plans, prices and payment

The Freelance, Agency and Studio plans differ only in the number of Sites and servers equipped with the Agent that they cover; they are described on the Pricing page. Prices exclude tax, and the applicable price is the one displayed at the time of subscription. VAT: VAT not applicable, article 293 B of the French tax code.

Sites discovered beyond the quota are displayed but not monitored until the Client has chosen which Sites to monitor or subscribed to a higher plan.

The subscription is payable in advance, monthly or yearly; the yearly price corresponds to ten months.

A free 14-day trial is offered at sign-up, without a payment method. At its end, monitoring is suspended until a plan is subscribed. An email warns the Client of the end of the trial: if no plan is subscribed within 7 days of that email, the account and all its data are permanently deleted and cannot be recovered.

Payment is made online, by bank card, through the secure payment service of Stripe Payments Europe, Ltd (Ireland), which collects the sums on behalf of StatOps. StatOps neither receives nor keeps any card number; the card and invoices are managed from Stripe’s payment portal. Any sum unpaid on the due date automatically incurs late-payment penalties equal to three times the legal interest rate, as well as the fixed €40 recovery-cost allowance (articles L. 441-10 and D. 441-5 of the French commercial code).

StatOps may change its prices. The new price applies to the period following at least 30 days’ notice; a Client who refuses it may cancel before it takes effect. By way of exception, a Client registered on the waiting list before the Service opened keeps its plan’s price for 12 months from its first subscription.

Moving to a higher plan takes effect immediately, pro rata for the current period; moving to a lower plan takes effect at the end of the current period.

6. Term, cancellation and suspension

The subscription is monthly or yearly and renews automatically for the same term. The monthly subscription has no commitment beyond the current month; the yearly subscription commits for twelve months, paid in advance. The Client may cancel at any time from its account or by email; cancellation takes effect at the end of the current period (monthly or yearly), which remains due and is not refunded.

StatOps may suspend or terminate the account, after formal notice that remains without effect within 8 days, if the Client breaches its obligations, in particular non-payment. Suspension is immediate, without notice, in case of a threat to the security of the Service or a breach of the law.

At the end of the contract, the Client may retrieve its PDF reports. Its data is then deleted in accordance with article 12.

7. Client’s obligations

  • The Client declares that it has the right to monitor the servers and sites it adds, and has obtained the authorisations of its End clients.
  • It installs and updates the Agent under its own responsibility, on servers it administers.
  • It does not use the Service to attack, overload or test the security of third-party systems, nor to bypass the technical limits or protection of the Service.
  • It informs its End clients of the monitoring and of the processing of their data, in line with its own legal obligations.
  • Reports sent under its brand are its responsibility: it checks their content before sending them to its End clients.

8. StatOps’ commitments

StatOps implements appropriate security measures: encryption of exchanges and secrets, hashed passwords, separation of organisations, daily server backup. The Agent runs no command received from StatOps.

9. Limitation of liability

StatOps is a monitoring aid. It does not guarantee that all incidents are detected, nor that all alerts are sent or received: the Client’s emails, webhooks, networks and servers depend on third parties and settings that StatOps does not control. The Client remains responsible for operating its servers and responding to incidents.

To the extent permitted by law, StatOps is not liable for indirect or intangible damage: loss of operations, revenue, customers or contracts, harm to reputation, including towards the Client’s End clients. StatOps’ total liability, all damage combined, is capped at the sums paid by the Client during the 12 months preceding the event giving rise to liability.

These limits do not apply in case of gross negligence or wilful misconduct, nor to what the law forbids excluding.

10. Force majeure

StatOps is not liable for a failure caused by an event of force majeure within the meaning of article 1218 of the French civil code, in particular a widespread outage of networks or infrastructure providers.

11. Intellectual property

StatOps keeps all rights in the Service, its software, brand and documentation. It grants the Client, for the term of the contract, a personal, non-exclusive, non-transferable right of use. The Client remains the owner of its data, logos and the content it enters, and grants StatOps the right to process them to provide the Service. The generated PDF reports may be freely used and distributed by the Client.

12. Personal data and processing (article 28 GDPR)

For its End clients’ data, the Client is the data controller and StatOps is its processor. This article serves as the data processing agreement.

  • Subject matter and duration: provision of the Service, for the term of the contract.
  • Nature and purpose: hosting, discovery, monitoring, alerting and report production; no other purpose.
  • Data and data subjects: contact details of End clients’ contacts and Users, domain names, check results, server measurements, incidents and write-ups.
  • Instructions: StatOps processes data on the Client’s documented instruction, which results from how the Service is configured; it informs the Client if it considers that an instruction infringes regulation.
  • Confidentiality: persons authorised to process the data are bound by confidentiality.
  • Security: the measures described in article 8 and in the privacy policy.
  • Sub-processors: the Client authorises those listed in the privacy policy; StatOps informs it of any change, and the Client may object for a legitimate reason.
  • Data subjects’ rights: StatOps helps the Client respond to requests to exercise rights, and to carry out, if needed, an impact assessment and the prior consultations provided for in articles 35 and 36 GDPR.
  • Transfers outside the European Union: StatOps transfers data only to the processors listed in the privacy policy, with the safeguards described there.
  • Data breach: StatOps notifies the Client without undue delay and at the latest 72 hours after becoming aware of it.
  • Retention period: during the contract, detailed measurements are deleted after 90 days and hourly averages after 13 months.
  • End of the contract: the Client may retrieve its reports; StatOps then deletes the data within 30 days (backups purged within a further 14 days), unless there is a legal obligation to keep it.
  • Audit: on reasonable written request, StatOps provides the information needed to demonstrate its compliance.

For its own account data, the Client should refer to the privacy policy.

13. Confidentiality

Each party keeps confidential the other’s non-public information received in connection with the contract, for its term and 3 years after.

14. Changes to the terms

StatOps may change these terms. Clients are informed by email at least 30 days before they take effect. If they do not cancel before that date, they are deemed to have accepted them.

15. Governing law and disputes

These terms are governed by French law. In the event of a dispute, the parties first seek an amicable solution. Failing that, where the Client is a trader, the courts of Toulon have sole jurisdiction, even in the case of multiple defendants or third-party claims; in other cases, the statutory rules of jurisdiction apply.

16. Contact

Valentin THUILLIER · 106 rue de la Sultarine, 83260 La Crau, France · contact@statops.fr