Terms of Service

1. Acceptance

By creating an account, installing the RackWatch platform binary, or running a RackWatch agent against any platform instance, you agree to be bound by these Terms and the separate RackWatch Software License Agreement. If you don't agree, don't use the product.

"RackWatch", "we", "us", and "our" refer to Mondaluk Data Solution LLC, a Minnesota limited liability company that operates the RackWatch product line. "You" refers to the customer entering into these Terms.

You must be at least 18 years old. If you're agreeing on behalf of a company or organization, you represent that you have authority to bind that entity, and "you" in these Terms refers to both you personally and that entity.

2. The product

RackWatch is a self-hosted server-monitoring platform. The platform is closed-source commercial software distributed as a Docker image. The agent is open source (Apache 2.0) and lives at github.com/rackwatch/rackwatch-agent.

You install both on hardware you own or control. RackWatch does not host your fleet data — your platform instance is yours.

3. Plans, payment, and billing

Plans

• Homelab — free for fleets of 5 servers or fewer. No card required.
• Standard — $2 per server per month, 6-server minimum, up to 99 servers.
• Scale — $1.50 per server per month, applied automatically at 100+ servers.
• Enterprise — custom pricing for fleets of 500+ or air-gapped/regulated deployments.

Billing cycle

Paid plans bill monthly in advance unless you've prepaid annually (10 months for the price of 12). Annual prepay is non-refundable mid-term except as required by law.

Server count

Server count is metered by the number of unique agents reporting to your platform instance over a 24-hour window. Going from Standard to Scale tier is automatic when the rolling 30-day average crosses 100 servers.

Payment processor

Payments are processed by Stripe (our payment subprocessor). All fees are quoted and charged in US dollars. By providing a payment method, you authorize RackWatch (via Stripe) to charge that method for all fees due under these Terms.

Failed payments

If a charge fails, we'll retry per Stripe's standard recovery schedule (typically 4 attempts over ~14 days) and notify you by email. If no payment is collected within 14 days of the first failure, we may suspend platform access until payment is received. Your fleet data on your hardware is unaffected by suspension — only the platform's ability to ingest new agent telemetry is paused.

4. Refunds

First-month money-back guarantee. Cancel within 30 days of your first paid charge for any reason and we'll refund the full amount. No support tickets to wrestle through, no questions about why.

Mid-cycle cancellations after the first month: pro-rated. If you cancel partway through a billing cycle, we refund the unused portion (rounded to the day). Subscriptions stop at the end of the cycle by default; pro-rated refund only on explicit request.

Annual prepay (10 months for the price of 12): the first-month money-back guarantee applies. After 30 days, annual prepay is non-refundable except as required by applicable consumer-protection law.

Refunds process to the original payment method within 5-10 business days.

Statutory rights

If you're a consumer in the UK, EU, or another jurisdiction with mandatory cooling-off or refund rights, those statutory rights apply in addition to the language above and override anything in these Terms that would be less favorable to you. Note that under the EU Consumer Rights Directive (Article 16(m)) and UK Consumer Contracts Regulations, you may forfeit cooling-off rights if you expressly consent to immediate access to digital content and acknowledge losing the right to cancel — exercising any account or platform feature constitutes such consent.

5. Acceptable use

You agree not to:

• Reverse-engineer, decompile, or disassemble the platform binary except where applicable law expressly allows it
• Resell or sublicense the platform to third parties without a separate written agreement
• Run more agents than your plan permits, or systematically under-report server count to avoid billing tier changes
• Use RackWatch to monitor systems you don't own or have explicit authorization to monitor
• Attempt to circumvent license enforcement, trial expiry, or seat limits

6. Trial

Paid tiers include a 14-day free trial without a credit card. After the trial, the platform stops accepting agent telemetry until a paid plan is activated or the fleet drops to ≤5 servers (Homelab tier). Trial activity is not retained beyond a 30-day window if the customer doesn't convert.

7. Termination

You can cancel at any time; cancellation takes effect at the end of the current billing cycle. We may suspend or terminate accounts for non-payment, breach of these Terms, or activity that endangers other users or the service.

Notice. Suspension or termination for cause (acceptable-use breach, fraud, security risk) is effective immediately on email notice. Suspension for non-payment follows §3 (14-day grace from first failed charge). Voluntary cancellation by you takes effect at the end of the current billing period.

Your data. RackWatch is self-hosted — your fleet telemetry lives on your hardware throughout the relationship and after termination. Termination of the service relationship does not delete or affect data on your platform instance. License-key validity ends at the period end; the platform binary continues to function (with seat enforcement) until you uninstall it.

Survival. Sections 5 (Acceptable use), 8 (Disclaimer and limitation of liability), 9 (Indemnity), 10 (Privacy and data processing), and 12 (Governing law) survive termination.

8. Disclaimer and limitation of liability

As-is

The platform and agent are provided "as is" and "as available" without warranties of any kind, express or implied — including merchantability, fitness for a particular purpose, and non-infringement — except where such disclaimers are not permitted by applicable law (including the UK Consumer Rights Act 2015 and EU Sale of Digital Content Directive 2019/770 as applicable to consumer customers). RackWatch does not warrant that the service will be uninterrupted, error-free, or that all defects will be corrected.

Limitation of liability

To the maximum extent permitted by law, RackWatch's total aggregate liability arising out of or related to these Terms or your use of the platform — whether in contract, tort (including negligence), strict liability, or otherwise — is capped at the greater of (a) fees you paid to RackWatch in the 12 months preceding the event giving rise to the claim, or (b) USD $500. RackWatch is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost data, or business interruption, even if advised of the possibility.

Carve-outs

The cap above does not apply to: (i) RackWatch's indemnification obligations under §9; (ii) RackWatch's obligations as a data processor under applicable data-protection law; or (iii) liability that cannot be limited under applicable law (fraud, willful misconduct, gross negligence, or death/personal injury caused by negligence).

9. Indemnity

You indemnify RackWatch

You agree to defend, indemnify, and hold harmless RackWatch and its personnel from any third-party claim, loss, or expense (including reasonable legal fees) arising out of: (a) your breach of these Terms or the Acceptable Use policy in §5; (b) your infringement of someone else's intellectual property or privacy rights through your use of the platform; or (c) telemetry, content, or data you collect, transmit, or store using RackWatch.

RackWatch indemnifies you

RackWatch will defend any third-party claim that the platform binary, as provided and used in accordance with these Terms and the License Agreement, infringes a US patent, US copyright, or US trademark. We may at our option modify the platform, obtain rights to continue providing it, or refund prepaid fees attributable to the infringing version and terminate this agreement. This is your sole remedy and our sole liability for IP infringement claims.

Process

The party seeking indemnification must give prompt written notice of the claim, allow the indemnifying party to control defense and settlement (provided no admission of fault or liability is required of the other party), and reasonably cooperate at the indemnifying party's expense.

10. Privacy and data processing

Use of RackWatch is governed by our Privacy Policy. For B2B customers in the EU/UK, our Data Processing Addendum applies. We list every third party that may touch customer data on our subprocessor page.

11. Changes to these Terms

We may update these Terms; material changes will be announced with at least 30 days' notice via email to the account contact. Continued use after the effective date constitutes acceptance.

12. Governing law and jurisdiction

These Terms are governed by the laws of the State of Minnesota, USA, without regard to conflict-of-law principles, except where applicable consumer-protection law of your home jurisdiction grants rights that cannot be waived by contract. The parties submit to the exclusive jurisdiction of the state and federal courts located in Minnesota for any dispute arising out of or related to these Terms.

RackWatch's business entity is in formation; if the entity is registered in a different US state, this section will be updated accordingly with at least 30 days' notice per §11.

13. Contact

Questions about these Terms: hello@rackwatch.io. Security reports: security@rackwatch.io (or via the security policy).