Terms of Service

Last updated: November 23, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and ProgByte ("Company", "we", "us", or "our"), concerning your access to and use of the Watcher monitoring service ("Service").

By accessing or using the Service, you agree that 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 Service and you must discontinue use immediately.

2. Service Description

Watcher is an infrastructure monitoring service that allows you to monitor various aspects of your IT infrastructure, including but not limited to:

  • API endpoints and HTTP services
  • Windows services
  • Log files
  • Azure Application Insights
  • Secret expiration dates
  • Kafka consumer lag
  • Dataverse connections
  • MS SQL databases

The Service operates using an agent-based architecture where a software agent is installed on your servers and connects outbound to our portal.

3. Account Registration and Security

To access the Service, you must register for an account. When you register, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your password and identification
  • Accept all responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

You are responsible for safeguarding the password and for all activities that occur under your account. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

4. Acceptable Use

You agree not to use the Service:

  • In any way that violates any applicable national or international law or regulation
  • To monitor systems, services, or data that you do not own or have explicit permission to monitor
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service

5. Agent Installation and Responsibilities

The Watcher agent must be installed on systems that you own or have explicit permission to monitor. You are responsible for:

  • Ensuring you have proper authorization to install the agent on the target systems
  • Maintaining the agent software and keeping it updated
  • Ensuring the agent has appropriate network access to connect to our servers
  • Complying with all applicable laws and regulations regarding monitoring and data collection

You acknowledge that the agent collects monitoring data and transmits it to our servers. You are responsible for ensuring that such data collection and transmission complies with all applicable privacy laws and regulations.

6. Service Availability and Modifications

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

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

7. Payment Terms

If you purchase a subscription to the Service:

  • Subscription fees are billed in advance on a monthly or annual basis
  • All fees are stated in the currency specified at the time of purchase
  • All fees are non-refundable except as required by law or as otherwise stated in these Terms
  • We reserve the right to change our pricing with 30 days' notice
  • If payment fails, we may suspend or terminate your access to the Service
  • You are responsible for any taxes applicable to your use of the Service

8. Intellectual Property Rights

The Service, including its original content, features, and functionality, is owned by ProgByte and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of the Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

9. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices regarding the collection and use of your information.

You retain ownership of any data you provide to the Service. By using the Service, you grant us a license to use, store, and process your data as necessary to provide the Service.

10. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We make no warranty that the Service will meet your requirements, be available on an uninterrupted, timely, secure, or error-free basis, or be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROGBYTE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

Our total liability to you for all claims arising from or related to the use of the Service shall not exceed the amount you paid to us in the twelve (12) months prior to the claim.

13. Indemnification

You agree to defend, indemnify, and hold harmless ProgByte and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of your use and access to the Service, or a breach of these Terms.

14. Governing Law

These Terms shall be interpreted and governed by the laws of Slovenia, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Slovenia.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

16. Contact Information

If you have any questions about these Terms of Service, please contact us at contact@pbwatcher.eu.

ProgByte
Slovenia