Legal

Terms of Service

Effective: [pending counsel sign-off] · Last updated: 2026-04-26

Draft — pending counsel review

These Terms are scaffolded for structure and have not been reviewed or signed off by qualified counsel. They are not yet binding. Final language will be drafted by a software lawyer before RackWatch begins charging customers. The free Homelab tier (≤5 servers) is unaffected by the draft status — but you should still treat the headings below as a placeholder, not a promise.

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.

[Counsel: standard acceptance / who you are / age + authority warranties.]

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.

[Counsel: payment processor terms, late payment, currency, overdue suspension thresholds.]

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.

[Counsel: finalize language for jurisdictions with mandatory cooling-off rights (UK CRA distance selling, EU Consumer Rights Directive). Statutory rights override any text above.]

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.

[Counsel: notice periods, data export window after termination, surviving sections.]

8. Disclaimer and limitation of liability

[Counsel: as-is warranty disclaimer, exclusions where not enforceable (UK/EU consumer law), liability cap typically equal to 12 months of fees paid, carve-outs for IP indemnity and data-processor obligations.]

9. Indemnity

[Counsel: mutual or unilateral; tied to acceptable-use breach.]

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

[Counsel: pick jurisdiction once business entity is formed. Common pairings: Delaware (US LLC), England & Wales (UK Ltd), Ireland (EU customer-friendly).]

13. Contact

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