Terms of Service

1. Acceptance of Terms

By accessing or using Evergreen ("the Service", "we", "us", or "our"), accessible at evergreen.watch or via our monitoring APIs and dashboard applications, you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy.

If you are entering into these Terms on behalf of an organization or company, you represent and warrant that you have the legal authority to bind that entity to these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Evergreen provides real-time distributed network monitoring, synthetic HTTP/TCP checks, latency tracking, incident management, public and private status pages, and alert routing (e.g., Discord, Slack, Email, Webhooks).

We reserve the right to modify, enhance, or temporarily discontinue features of the Service with reasonable prior notice, provided that such modifications do not materially degrade the core monitoring functionality provided under active paid subscriptions.

3. Accounts & Registration

To access monitoring features, you must authenticate through our supported authentication providers. You agree to:

• Provide accurate, current, and complete account credentials;
• Maintain the security of your authentication tokens, API keys, and session credentials;
• Promptly notify us at security@evergreen.watch if you discover or suspect any unauthorized access to your account.

You are solely responsible for all activities and telemetry collected under your account or API credentials.

4. Acceptable Use Policy

Evergreen is designed to monitor systems you own, manage, or have explicit authorization to inspect. You expressly agree not to:

• Configure health checks, probes, or high-frequency polling against third-party endpoints or targets without explicit written authorization from the target system's owner;
• Use the Service to orchestrate Distributed Denial of Service (DDoS) attacks, stress-testing, vulnerability scanning, or port probing;
• Reverse-engineer, decompile, or attempt to extract source code from Evergreen edge probes or backend infrastructure;
• Bypass rate limits, monitor caps, or plan constraints through multiple accounts or automated exploits;
• Transmit or store malicious payloads, exploit code, or illegal content within monitor headers, status page updates, or incident reports.

5. Subscriptions & Billing

Certain features of Evergreen are available under paid subscription plans (e.g., Hobby, Pro, Enterprise).

• Recurring Billing: Subscriptions are billed in advance on a recurring monthly or annual basis, depending on your selected billing cycle.
• Automatic Renewal: Unless canceled prior to the end of the current billing cycle, your subscription will automatically renew at the prevailing plan rate.
• Taxes: All listed fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities, which will be billed as required by law.
• Refunds: Refund requests are evaluated in accordance with our Refund Policy.

6. Data & Retention

Metrics, ping histories, latency distributions, and incident audit logs are retained in accordance with your plan's retention limits:

• Free: 7 days of telemetry history;
• Hobby: 30 days of telemetry history;
• Pro: 1 year (365 days) of telemetry history;
• Enterprise: Custom retention schedules as agreed under an Enterprise Addendum.

Expired metrics are automatically purged or aggregated into statistical rolling averages. We recommend exporting critical audit data periodically via our API.

7. Intellectual Property

All rights, title, and interest in and to Evergreen, including our software, algorithms, designs, logos, status widgets, and documentation, remain the exclusive property of Evergreen Infrastructure Inc. and its licensors.

You retain all ownership rights to your service data, customer incident notes, domain names, and brand assets displayed on your custom status pages. You grant us a worldwide, non-exclusive license to host, display, and process this content solely to provide the Service to you.

8. Disclaimer of Warranties & Limitation of Liability

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS EXPLICITLY PROVIDED IN OUR SERVICE LEVEL AGREEMENT (SLA), EVERGREEN DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EVERGREEN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE. OUR TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO EVERGREEN DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Termination

You may cancel your account at any time through the workspace settings. Upon cancellation, your monitors will cease executing at the conclusion of your current paid billing period.

We may suspend or terminate your access immediately if you breach these Terms, fail to pay subscription fees when due, or engage in activity that threatens the security, integrity, or availability of our monitoring network.

10. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Delaware, United States (or for Brazilian residents, the laws of the Federative Republic of Brazil regarding consumer protection where mandatorily applicable), without regard to conflict of law principles.

Any disputes arising from these Terms shall be resolved through good-faith negotiation, followed if necessary by binding arbitration or the competent courts of the applicable jurisdiction.

11. Contact Information

For legal notices, questions regarding these Terms, or compliance inquiries, please contact: