Terms of Service

Last updated: November 29, 2025

1. Acceptance of Terms

By accessing or using Heartbeat ("Service"), operated by Misty Step ("we", "us", or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Service.

2. Description of Service

Heartbeat provides uptime monitoring and status page services for websites, APIs, and other internet-accessible services. We monitor your endpoints at regular intervals and notify you when issues are detected.

3. User Accounts

To use certain features of the Service, you must create an account. 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

4. Acceptable Use

You agree not to use the Service to:

  • Monitor endpoints you do not own or have permission to monitor
  • Conduct denial-of-service attacks or other malicious activities
  • Violate any applicable laws or regulations
  • Infringe upon the rights of others
  • Transmit malware, spam, or other harmful content

5. Service Availability

We strive to maintain high availability of our Service, but we do not guarantee uninterrupted access. We may temporarily suspend the Service for maintenance, updates, or circumstances beyond our control.

6. Payment and Billing

Paid plans are billed in advance on a monthly or annual basis. All fees are non-refundable except as required by law. We reserve the right to change our pricing with 30 days notice.

7. Intellectual Property

The Service and its original content, features, and functionality are owned by Misty Step and are protected by international copyright, trademark, and other intellectual property laws.

8. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the Service will be error-free, secure, or uninterrupted.

9. Limitation of Liability

To the maximum extent permitted by law, Misty Step shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.

10. Termination

We may terminate or suspend your account at any time for violations of these terms. You may terminate your account at any time by contacting us. Upon termination, your right to use the Service will cease immediately.

11. Changes to Terms

We may modify these terms at any time. We will notify you of significant changes via email or through the Service. Continued use after changes constitutes acceptance.

12. Governing Law

These terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law provisions.

13. Contact

For questions about these Terms of Service, please contact us at hello@mistystep.io.