Terms and Conditions

Effective Date: May 26, 2026

Last Updated: May 26, 2026

1. Agreement to Terms

By accessing or using the VPS Uptime Heartbeat Monitor Service ("Service") provided by DMwithQAF LLC ("Company," "we," "our," "us"), you agree to be bound by these Terms and Conditions ("Terms"). If you disagree with any part of these Terms, you may not access or use our Service.

2. Description of Service

VPS Uptime Heartbeat Monitor is a software-as-a-service platform that monitors VPS servers and trading platforms (including but not limited to MT4, MT5, cTrader, NinjaTrader) by:

  • Receiving heartbeat signals from our desktop agent installed on your server
  • Detecting downtime, crashes, and frozen processes
  • Sending alerts via Telegram and SMS
  • Attempting automatic recovery of crashed applications

3. Account Registration

To use our Service, you must:

  • Be at least 18 years of age
  • Provide accurate and complete registration information
  • Maintain the security of your account credentials
  • Accept responsibility for all activities under your account

All user registrations require admin approval. DMwithQAF LLC reserves the right to reject any registration at our sole discretion.

4. Subscription and Payments

4.1 Subscription Plans: We offer various subscription plans (Basic, Pro, Enterprise) with different features and pricing. Details of each plan are available on our website.

4.2 Billing: Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan.

4.3 No Refunds: ALL SALES ARE FINAL. WE DO NOT OFFER REFUNDS UNDER ANY CIRCUMSTANCES. By subscribing to our Service, you acknowledge and agree that no refunds will be provided for any reason, including but not limited to:

  • Change of mind or failure to use the Service
  • Technical issues or downtime (subject to Section 5 below)
  • Early termination of your subscription
  • Any other reason whatsoever

4.4 Payment Method: Payments are processed through our third-party payment processors. You authorize us to charge your selected payment method for all applicable fees.

4.5 Price Changes: We reserve the right to change our subscription prices at any time. Price changes will be effective at the start of your next billing cycle after notice.

5. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

DMwithQAF LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
  • WARRANTIES THAT MONITORING WILL DETECT ALL DOWNTIME OR ISSUES
  • WARRANTIES THAT AUTO-RECOVERY WILL ALWAYS SUCCEED

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DMwithQAF LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR USE OR INABILITY TO USE THE SERVICE
  • ANY DOWNTIME, SERVER FAILURE, OR APPLICATION CRASH THAT OUR SERVICE FAILS TO DETECT OR NOTIFY
  • UNSUCCESSFUL AUTO-RECOVERY ATTEMPTS
  • ANY TRADING LOSSES, FINANCIAL LOSSES, OR OPPORTUNITY LOSSES
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
  • ANY OTHER MATTER RELATING TO THE SERVICE

IN NO EVENT SHALL DMwithQAF LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

7. No Guarantee of Uptime or Detection

While we strive to provide reliable monitoring, we do not guarantee:

  • 100% uptime of our monitoring service
  • That all downtime events will be detected
  • That alerts will be delivered instantly or at all
  • That auto-recovery will successfully restart your applications

You acknowledge that monitoring systems can fail, and you should not rely solely on our Service for critical operations. You are responsible for maintaining your own backup monitoring systems.

8. Your Responsibilities

You agree to:

  • Maintain your own backups of all important data
  • Not rely exclusively on our Service for trading operations
  • Ensure your server and applications are properly configured
  • Keep your account credentials secure
  • Comply with all applicable laws and regulations

9. Prohibited Uses

You may not use our Service:

  • For any illegal purpose or in violation of any laws
  • To transmit malware, viruses, or harmful code
  • To harass, abuse, or harm others
  • To impersonate DMwithQAF LLC or any other person or entity
  • To interfere with or disrupt the Service

10. License to Use Our Software

We grant you a non-exclusive, non-transferable, revocable license to install and use our desktop agent software on your servers for the sole purpose of using our Service. You may not modify, reverse engineer, or distribute our software.

11. License Revocation

We reserve the right to revoke your license and terminate your access to the Service at any time, with or without cause, including for:

  • Violation of these Terms
  • Non-payment of subscription fees
  • Abuse of our Service
  • At our sole discretion

Upon revocation, you must uninstall our software from all your devices.

12. Intellectual Property

The Service, including its code, design, logos, and content, is the property of DMwithQAF LLC and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or create derivative works without our express written permission.

13. Termination

You may cancel your subscription at any time through your account settings. Upon cancellation, your access to the Service will continue until the end of your current billing period. No refunds will be provided for the remaining period.

14. Indemnification

You agree to indemnify and hold harmless DMwithQAF LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses arising from your use of the Service or violation of these Terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where DMwithQAF LLC is registered, without regard to its conflict of law provisions.

16. Dispute Resolution

Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the jurisdiction where DMwithQAF LLC is located.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service constitutes acceptance of the modified Terms.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms constitute the entire agreement between you and DMwithQAF LLC regarding the Service and supersede all prior agreements and understandings.

20. Contact Information

For questions about these Terms, please contact us: