Effective Date: May 26, 2026
1. License Grant
DMwithQAF LLC ("Licensor") grants you ("Licensee") a non-exclusive, non-transferable, revocable license to install and use the VPS Uptime Heartbeat Monitor desktop agent software ("Software") on servers you own or control, solely for the purpose of using the Heartbeat Monitor Service.
2. License Restrictions
You may NOT:
- Modify, adapt, translate, reverse engineer, decompile, or disassemble the Software
- Create derivative works based on the Software
- Rent, lease, lend, sell, sublicense, or distribute the Software to any third party
- Use the Software for any purpose other than as intended by the Service
- Remove any proprietary notices or labels on the Software
- Use the Software in any way that violates applicable laws or regulations
3. Software Ownership
The Software is licensed, not sold. DMwithQAF LLC retains all right, title, and interest in and to the Software, including all intellectual property rights. This EULA does not grant you any ownership rights in the Software.
4. Installation and Use
The Software may be installed on multiple servers as permitted by your subscription plan. Each installation must be associated with a valid account and approved device registration. You are responsible for maintaining the security of your installations.
5. Software Updates
We may automatically provide updates, patches, and new versions of the Software. You agree to accept such updates as part of your use of the Service. We reserve the right to discontinue support for older versions.
6. Termination of License
Your license to use the Software terminates automatically upon:
- Termination or expiration of your subscription
- Revocation of your license by DMwithQAF LLC
- Violation of any term of this EULA or the Terms and Conditions
- Your request to cancel your account
Upon termination, you must uninstall and delete all copies of the Software from your devices.
7. No Warranty
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DMwithQAF LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8. Limitation of Liability
IN NO EVENT SHALL DMwithQAF LLC BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION.
9. Export Control
The Software may be subject to export control laws. You agree to comply with all applicable export and import regulations.
10. Governing Law
This EULA shall be governed by the laws of the jurisdiction where DMwithQAF LLC is registered.
11. Contact
For questions about this EULA, contact [email protected].