Terms of service

These terms are an agreement between you and GoCode.ca ("GoCode", "we", "us", "our"), the Canadian business that owns and operates Gryphon. They govern your use of Gryphon: the web dashboard at gryphon.gocode.ca, the Gryphon apps for iPhone and Android, the Gryphon agent, and the public status pages and other services we provide with them (together, the "Service").

By creating an account, installing an app or the agent, or otherwise using the Service, you agree to these terms, to our Acceptable Use Policy, which is part of them, and to the handling of information described in our Privacy Policy. If you are accepting on behalf of a company or other organization, you confirm that you have authority to bind it, and "you" means that organization. If you do not agree, do not use the Service.

Gryphon can also be installed and run by other organizations on their own servers. These terms cover only the Service that GoCode operates. If you use an installation run by someone else, your agreement is with them.

1. Who may use the Service

Gryphon is a tool for monitoring websites, servers and the services that run on them, and is intended for business and professional use. You must be at least 18 years old, or the age of majority where you live if that is higher, and able to form a binding contract. You may not use the Service if you are barred from doing so under the laws of Canada or of the place you are in.

2. Your account and the people on it

Each account has one or more owners and may have members. Owners manage the account's people, can pause its monitoring, and decide which members may change hosts, checks, maintenance windows and status pages. Every member can see the monitoring, receive alerts, go on call and acknowledge outages. The owners of an account are responsible for everyone they add to it and for everything done under it.

You agree to:

• give accurate information when you register, including an email address you control, and keep it current;
• keep your password, recovery codes and any second factor to yourself, and give each person their own login rather than sharing one;
• add people to your account, or as alert recipients, only with their agreement;
• tell us promptly at support@gocode.ca if you believe your account has been used without your permission.

An account created in the app before you have signed up with an email address is tied to the Apple ID or Google account that paid for it. If you lose access to that store account before adding an email address and password, you may not be able to get back into it.

3. What the Service does, and what it does not

You tell Gryphon what to watch. Our servers, and our servers in other regions where your plan includes them, connect to the hosts and addresses you add at the intervals you set, and the Gryphon agent, if you install it, reports on the machine it runs on. When a check's result changes and stays changed, we record it and alert the people on your account, by push notification and email as each of them has chosen.

Please understand the limits of that:

• Monitoring is best effort. Checks run at intervals, so a problem that starts and ends between two checks may never be seen. A result must be repeated before it counts, so a brief outage may produce no alert by design.
• Alerts can be late or lost. Push notifications travel through Apple and Google, and email through mail providers and your own mail server. We do not control those services and cannot guarantee that any alert arrives, or arrives in time. Our own systems can also fail, and an alert raised during a failure may not be sent.
• We do not promise any level of availability. The Service may be interrupted for maintenance, upgrades, failures of our providers, or events outside our control. Gryphon publishes its own status at a public status page, but that is information, not a commitment.
• Gryphon is not a safety system. Do not rely on it where a missed or late alert could lead to death, injury, harm to the environment or significant damage to property, or as your only means of learning that a system you depend on has failed.

The Service is one part of how you look after your systems, not a substitute for your own backups, redundancy, security measures and judgement.

4. Plans, free trials and payment

Plans. Gryphon is sold as a subscription. Each plan includes every kind of check, the agent and the apps, and differs in how many hosts, checks, people and status pages an account may have, how often checks may run, and whether they run from more than one region. The current plans and their limits are on our pricing page.

Where you buy. Subscriptions are bought on our website, where payment is taken by our payment processor, Stripe, or through the Apple App Store or Google Play, from the Gryphon app. An account has one subscription at a time, bought in one of these places. On the website, prices are in US dollars, and any sales tax that applies is worked out from your billing address and shown and added at checkout. In a store, the store takes your payment, charges any applicable taxes, and shows you the price in your currency before you buy. Either way, we never see or store your payment card details.

Free trial. Where a plan is offered with a free trial, the trial is available once per account, whether it is started on the website or in a store, and in a store it is also subject to the store's rules on who is eligible. A trial started on the website asks for a card at checkout. Unless you cancel before the trial ends, the subscription begins and you are charged at the end of it. We email an account's owners a few days before a trial becomes a charge.

Renewal and cancellation. Subscriptions renew automatically at the end of each billing period until you cancel. You cancel where you bought: for a website subscription, under Manage billing on the dashboard's Plan page; for a store subscription, in your Apple or Google account settings, not in Gryphon. Cancelling takes effect at the end of the period you have paid for. Deleting your Gryphon account cancels a website subscription immediately; it does not cancel a store subscription.

Refunds. Cancelling a website subscription stops its next renewal and does not refund the period already paid for. Deleting your account ends a website subscription straight away, and the time left in the current period is not refunded. Refunds for store purchases are decided by Apple or Google under their own policies, and we cannot issue them on their behalf. Nothing in these terms limits any right to a refund that the law gives you.

Changing plans. You can move to another plan where you bought your subscription: on the website under Manage billing, or through the store. The terms of a move, including when it takes effect and what it costs, are shown before you confirm it. Plan limits apply when something is created, not afterwards: if you move to a plan with lower limits, everything you already have keeps working (though checks then run only from the places the new plan includes), but you cannot add more of anything that is over the new plan's limit until you are back under it.

Price changes. We may change our prices. A change will not affect a period you have already paid for. Before a higher price applies to a website subscription, we will tell you by email, and you can cancel before it does; for a store subscription, the store will notify you, and ask for your consent where its rules or the law require.

When a subscription ends. If your subscription lapses, is cancelled or is refunded, monitoring stops: your checks are no longer run, no alerts are sent, and your status pages are taken offline. We keep your hosts, checks and settings so that you can pick up where you left off if you subscribe again, while check history continues to expire after 90 days as it always does.

Complimentary accounts. We may provide accounts free of charge, for example for evaluation or support. These terms apply to them in the same way, and we may end a complimentary arrangement at any time.

5. Your content

"Your content" is what you put into Gryphon: the hosts, addresses and checks you configure, the credentials you give database checks, the readings the agent sends, the names and labels you choose, and what you publish on status pages. You keep all rights to it. You give us permission to store, copy, process, transmit and display your content only as needed to provide the Service to you, to keep it secure, and as the law requires, and for no other purpose.

You are responsible for your content and for having the right to use it. In particular, give database checks their own credentials with the least access they need, and never an administrator's. We store credentials encrypted, but they are only as safe as the permissions you give them.

How long we keep your content, and how to delete it, is set out in the Privacy Policy.

6. Monitoring only what you are allowed to monitor

Every check you set up makes our servers, or your agent, connect to something. You may only point checks at systems that you own or that you have permission to monitor, and you are responsible for any effect those connections have on the systems they reach. Our checks come from the addresses listed on our locations page, and our web checks identify themselves as Gryphon. The Acceptable Use Policy sets out in more detail what checks may and may not be used for.

7. The Gryphon agent

The agent is software you install, at your choice, on machines you control. You decide where it runs, what it may reach, and which scripts it may run: it runs only scripts you place in a directory you choose. You are responsible for:

• the security of the machines you install it on, and for keeping its token secret;
• anything a script or a check you configure does on your machines or networks;
• installing updates. Older versions may stop working with the Service, and we may stop supporting them.

The agent connects to the Service from your machine, using the token issued for that machine's host. We do not access your machines except by sending the agent, over the connection it opened, the requests your configured checks require.

8. Status pages

A status page you publish is public, and anyone with its address can see it. You decide which checks it shows and what it says, and you are responsible for that content and for making sure it is accurate and not misleading. We may take down a status page, or change its address, if it breaches these terms or the Acceptable Use Policy, if it infringes someone else's rights, or if the law requires it.

9. Licence to use the apps and the agent

Subject to these terms, we give you a limited, non-exclusive, non-transferable, revocable licence, for as long as you have an account, to install and use the Gryphon apps on devices you own or control and the Gryphon agent on machines you own or control, solely to use the Service. You may not copy, modify, distribute, sell or lease the apps or the agent, or reverse engineer or attempt to extract their source code, except as the law expressly permits or as a licence that accompanies a particular component allows. Where software we provide comes with its own licence terms, including open-source licences, those terms govern that software to the extent they conflict with this section.

10. Our property

The Service, including the Gryphon name and logo, our software, designs, text and documentation, belongs to GoCode and our licensors and is protected by intellectual property laws. These terms do not give you any right to use our name, logo or trademarks. If you send us suggestions or feedback, we may use them without obligation to you.

11. Other services

Parts of the Service depend on services run by others, including Apple and Google, which deliver notifications and sell subscriptions, Stripe, which takes payment on our website, and the providers that send our email and host our servers. Your use of the App Store and Google Play is governed by their own terms. We are not responsible for services we do not control.

12. Suspension and termination

By you. You may stop using the Service at any time. You can delete your account from the app, on the website, or by emailing support@gocode.ca. If you are an owner, deleting your account deletes the whole account, including its people, hosts, checks and history, and cancels a website subscription immediately, without a refund for the time left. Remember to cancel any store subscription separately.

By us. We may suspend all or part of your account, including by pausing checks or taking down a status page, and may terminate it, if you breach these terms or the Acceptable Use Policy, if your use creates a risk to the Service, to other customers or to third parties, if we are required to by law, or if we stop offering the Service. Where it is reasonable to do so, we will tell you first and give you a chance to fix the problem. If we stop offering the Service altogether, we will give you reasonable notice.

When your account ends, your licence under section 9 ends, and we handle your information as the Privacy Policy describes. Sections 5, 10, 13, 14, 15, 18 and 19 continue to apply after these terms end.

13. Disclaimer

To the fullest extent the law allows, the Service is provided "as is" and "as available". We make no warranties or conditions of any kind, express or implied, including that the Service will be uninterrupted, timely, secure or error-free, that it will detect every problem, that alerts will be delivered, or that it is fit for any particular purpose, and we disclaim all implied warranties and conditions, including of merchantability, fitness for a particular purpose and non-infringement.

14. Limitation of liability

To the fullest extent the law allows, GoCode and its owners, employees and contractors will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, business, goodwill or data, arising out of or related to the Service or these terms, including losses caused by a problem the Service did not detect or an alert that was late or not delivered, even if we were told such losses were possible.

Our total liability for all claims arising out of or related to the Service or these terms will not exceed the greater of the amount you paid for the Service in the twelve months before the event that gave rise to the claim, and one hundred Canadian dollars (CAD $100).

Some places do not allow some of these exclusions or limits. Where that is so, they apply only to the extent the law allows, and nothing in these terms limits liability that cannot lawfully be limited.

15. Indemnity

If you use the Service for a business, you will indemnify and hold harmless GoCode and its owners, employees and contractors against third-party claims, and the resulting losses and reasonable legal costs, arising from your content, from checks you configure against systems you were not permitted to monitor, from your status pages, or from your breach of these terms, the Acceptable Use Policy or the law.

16. Apple App Store

If you obtained a Gryphon app from the Apple App Store:

• these terms are between you and GoCode only, not Apple, and GoCode, not Apple, is responsible for the app and its content;
• Apple has no obligation to provide maintenance or support for the app;
• if the app fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app, if any; to the fullest extent the law allows, Apple has no other warranty obligation with respect to the app;
• GoCode, not Apple, is responsible for addressing any claims relating to the app, including product liability claims, claims that it fails to conform to a legal or regulatory requirement, and consumer protection claims;
• if a third party claims that the app or your use of it infringes their intellectual property, GoCode, not Apple, is responsible for investigating, defending, settling and discharging that claim;
• you confirm that you are not in a country subject to a United States government embargo or designated as a "terrorist supporting" country, and that you are not on any United States government list of prohibited or restricted parties;
• you must also comply with any third-party terms that apply to your use of the app;
• Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

17. Google Play

If you obtained a Gryphon app from Google Play, these terms are between you and GoCode only, not Google. Google is not responsible for the app, and your use of Google Play, including purchases and refunds made through it, is governed by Google's terms.

18. Governing law and disputes

These terms are governed by the laws of the Province of New Brunswick and the federal laws of Canada that apply there, without regard to conflict-of-law rules. The courts of New Brunswick have exclusive jurisdiction over any dispute arising out of or related to these terms or the Service. If you are a consumer and the law where you live gives you the right to bring proceedings in your local courts, or to the protection of its mandatory consumer laws, nothing in these terms takes that right away.

19. General

Changes to the Service. We develop Gryphon continually and may add, change or remove features. If we remove a feature that is a material part of what you pay for, we will tell you in advance where we reasonably can.

Changes to these terms. We may update these terms. If a change is material, we will tell you through the app or by email to the address on your account at least 30 days before it takes effect, unless it is required sooner by law. If you continue to use the Service after a change takes effect, you accept it; if you do not agree, stop using the Service and cancel your subscription.

Events outside our control. We are not responsible for any delay or failure caused by events beyond our reasonable control, including failures of the internet, of our providers or of the services described in section 11.

Notices. We may send you notices by email to the address on your account or through the app. You can send notices to us at support@gocode.ca.

Entire agreement. These terms, the Acceptable Use Policy and the Privacy Policy are the whole agreement between you and us about the Service, and replace any earlier agreement on the same subject.

Severability and waiver. If any part of these terms is found unenforceable, the rest remains in effect. Our not enforcing a part of these terms is not a waiver of it.

Assignment. You may not transfer these terms without our written consent. We may transfer them to a successor to our business.

Language. These terms are written in English, and the English version governs to the extent the law allows. Any translation is for convenience.

Contact

GoCode.ca
Questions about these terms: support@gocode.ca