Part One.
This Terms of Service agreement ("Agreement") is a legal agreement between Lucus Labs, LLC, the owning company of the product Symbient Uptime (herein referred to as "Lucus Labs", "Symbient Uptime", "Opta Pay", "us", or "we") and the entity or person ("you", "your", or "user") who registered on the Symbient Uptime website to receive server monitoring capabilities, technologies, related analytics services, and other business services that may be offered by Symbient Uptime and its affiliates (each a "Service", collectively the "Services"). This Agreement describes the terms and conditions that apply to your use of the Services. Any capitalized term used and not otherwise defined herein has the meaning assigned to it in the Privacy Policy.

If you do not understand any of the terms of this Agreement, please contact us before using the Services.

You may not access or use any Services unless you agree to abide by all of the terms and conditions in this Agreement.

1. Acceptance of Terms of Service and amendments
   Each time you use or cause access to this website or any system that integrates with it, you agree to be bound by these Terms of Service ("TOS"), as amended from time to time with or without notice to you. In addition, if you are using a particular Service on this website or accessed via the Services, you will be subject to any rules or guidelines applicable to those Services, and they will be incorporated by reference within these Terms of Service. Please read this site's Privacy Policy, which is incorporated within these Terms of Service by reference.
2. Symbient Uptime Services
   This website and the Services provided to you on and via this website are provided on an "AS IS" basis. You agree that Lucus Labs, owner of the product Symbient Uptime, reserves the right to modify or discontinue provisions of this website and its Services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. Lucus Labs will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
3. Your responsibilities and registration obligations
   In order to use this website, certain parts of it, or any additional Symbient Uptime Services, including but not limited to any chatbots embedded in other websites that integrate with and rely on Symbient Uptime for providing A.I. services, you may be required to register for a user account on this website. In this case, you agree to provide truthful information when requested, and, if a minimum age is required for eligibility for a user account, you undertake that you are at least the required age. By registering for a user account, you explicitly agree to this site's Terms of Service, including any amendments made by Symbient Uptime that are published herein.
4. Services and Symbient Uptime Account Support
   We will provide you with support to resolve general issues relating to your Symbient Uptime Account and your use of the Services. This support includes resources and documentation that we make available to you through the current versions of Symbient Uptime, and other pages on our website (collectively, "Documentation"). The most efficient way to get answers to your questions is to review our Documentation. If you still have questions after reviewing the Documentation, please contact us.
5. Service Requirements, Limitations and Restrictions
   
   1. Compliance with Applicable Laws: You must use the Services in a lawful manner, and must obey all laws, rules, and regulations ("Laws") applicable to your use of the Services. As applicable, this may include compliance with domestic and international Laws related to the use or provision of technologies, notifications, consumer protection, unfair competition, privacy, false advertising, and any other Laws relevant to the usage of Services.
6. Suspicion of Unauthorized or Illegal Use
   We may refuse, condition, or suspend any accounts we believe: (i) may violate this Agreement or other agreements you may have with Symbient Uptime; (ii) are unauthorized, fraudulent or illegal; or (iii) expose you, Symbient Uptime, Lucus Labs, or others to risks deemed unacceptable by Lucus Labs. If we suspect or know that you are using or have used the Services for unauthorized, fraudulent, or illegal purposes, we may share any information related to such activity with the appropriate institutions, regulatory authorities, or law enforcement agencies consistent with our legal obligations. This information may include information about you, your Symbient Uptime Account, your Customers, and your or your Customers' interactions with the Services.
7. Disclosures and Notices; Electronic Signature Consent
   
   1. Consent to Electronic Disclosures and Notices: By registering for a Symbient Uptime Account, you agree that such registration constitutes your electronic signature, and you consent to electronic provision of all disclosures and notices from Symbient Uptime ("Notices"), including those required by Law. You also agree that your electronic consent will have the same legal effect as a physical signature.
   2. Methods of Delivery: You agree that Symbient Uptime can provide Notices regarding the Services to you through our website or through the Dashboard (as defined below), or by mailing Notices to the email address(es) identified in your Symbient Uptime Account. Notices may include notifications about your Symbient Uptime Account, changes to the Services, or other information we are required to provide to you. You also agree that electronic delivery of a Notice has the same legal effect as if we provided you with a physical copy. We will consider a Notice to have been received by you within twenty-four (24) hours of the time a Notice is either posted to our website or emailed to you.
   3. Requirements for Delivery: It should come as no surprise to you that you will need a computer or mobile device, Internet connectivity, and an updated browser to access your Symbient Uptime Dashboard and to review the Notices provided to you. If you are having problems viewing or accessing any Notices, please contact us and we can find other means of delivery.
   4. Withdrawing Consent: Due to the nature of the Services, you will not be able to begin using the Services without agreeing to electronic delivery of Notices. However, you may choose to withdraw your consent to receive Notices electronically by terminating your Symbient Uptime Account at any time.
8. Termination
   
   1. Term and Termination: This Agreement is effective upon the date you first access or use the Services and continues until terminated by you or Symbient Uptime. You may terminate this Agreement by closing your Symbient Uptime Account at any time. If you use the Services again or register for another Symbient Uptime Account, you are consenting to this Agreement. We may terminate this Agreement or close your Symbient Uptime Account at any time for any reason (including, without limitation, for any activity that may create harm or loss to the goodwill of our Services or business) by providing you Notice. We may suspend your Symbient Uptime Account and your ability to integrate your products and/or websites with your Symbient Uptime Account, or terminate this Agreement, if (i) we determine in our sole discretion that you are ineligible for the Services because of significant fraud, misuse, or abuse of the Symbient Uptime Servicess; (ii) you use the Services in a prohibited manner or otherwise do not comply with any of the provisions of this Agreement; (iii) any Law, Lucus Labs or other Symbient Uptime affiliate requires us to do so; or (iv) we are otherwise entitled to do so under this Agreement. Termination of your Symbient Uptime Account will result in the disconnection of your website and/or products that integrate with Symbient Uptime, therefore resulting in loss of service to your Customers that rely on and/or pay for access to these websites and/or products that are made possible in whole or in part by Symbient Uptime technologies and functionality.
   2. Effects of Termination: Termination does not immediately relieve you of obligations incurred by you under this Agreement. Upon termination, you agree to (i) completely remove or otherwise disable all integrations between your websites and/or products and Symbient Uptime, and (ii) immediately remove all Symbient Uptime logos from your website. Your continued or renewed use of the Services after a termination of your Symbient Uptime Account serves to renew your consent to the terms of this Agreement.
      
      In addition, upon termination you understand and agree that (i) all licenses granted to you by Symbient Uptime under this Agreement will end; (ii) subject to Section 5, we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers; (iii) we will not be liable to you for compensation, reimbursement, or damages related to your use of the Services, or any termination or suspension of the Services or deletion of your information or account data; and (iv) you are still liable to us for any Fees or fines, or other financial obligation incurred by you or through your use of the Services prior to termination.
      
      In the event we or you choose to terminate your Symbient Uptime Account before your billing cycle has ended, you understand that any pre-payments will be repaid to you based on a pro-rated amount from the difference from the date of termination until the end of the current billing cycle.

Part Two

1. Privacy policy
   Registration data and other personally identifiable information ("PII") that Symbient Uptime may collect is subject to the terms of our Privacy Policy.
2. Registration and password
   You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify Symbient Uptime of any unauthorized use of your user account, user name, or password. Please see our Password Policy for more information.
3. Your conduct
   You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), made available publicly or privately, will be under the sole responsibility of the person providing the said Content, or of the person whose user account is used. You agree that Symbient Uptime may expose you to content that may be objectionable or offensive. Symbient Uptime will not be responsible to you in any way for content displayed on this website or in any of its Services, nor for any error or omission. By using this website or any Services provided, you explicitly agree that:
   1. you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortuous; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this website or any Service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
   2. you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
   3. you will not collect or harvest any information about other users;
   4. you will not provide, and you will not use this website or Services to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this website or Services to promote or operate any service or content without Symbient Uptime's prior written consent;
   5. you will not provide any content that may give rise to Symbient Uptime being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including, but not limited to, laws relating to copyrights, trademarks, patents, or trade secrets.
4. Submission of content on this website
   By providing any content to this website or any Symbient Uptime Services:
   1. you agree to grant Symbient Uptime a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
   2. you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant Symbient Uptime the license specified in this section;
   3. you acknowledge and agree that Symbient Uptime will have the right (but not obligation), at Symbient Uptime's entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
5. Third-party services
   Goods and services of third parties may be advertised and/or may be made available on or through this website or Services. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. Symbient Uptime will not in any manner be liable for or responsible for any of your dealings or interaction between you and third parties.
6. Indemnification
   You agree to indemnify and hold harmless Symbient Uptime, Lucus Labs, and Lucus Labs' representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this website or Services, your provision of Content, your violation of these Terms of Service, or any other violation by you of the rights of another person or party.
7. DISCLAIMER OF WARRANTIES
   YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND SYMBIENT UPTIME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
   
   SYMBIENT UPTIME MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER SYMBIENT UPTIME NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEBSITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT SYMBIENT UPTIME WILL NOT BE HELD LIABLE IN ANY WAY.
   
   SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, AND CERTAIN STATEMENTS IN THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AS REGARDS IMPLIED WARRANTIES; THE OTHER TERMS AND CONDITIONS REMAIN ENFORCEABLE NOTWITHSTANDING.
8. LIMITATION OF LIABILITY
   YOU EXPRESSLY UNDERSTAND AND AGREE THAT SYMBIENT UPTIME AND LUCUS LABS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SYMBIENT UPTIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA AND/OR TRANSMISSIONS, OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO OR THROUGH THE SITE OR SERVICES, (V) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, (VI) ANY OTHER MATTER RELATING TO SERVICES, (VII) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, (VIII) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SITE, (IX) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND/OR (X) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR OUR PRIVACY POLICY. DESPITE THE ABOVE, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION YOU TAKE AGAINST US WILL AT ALL TIMES BE LIMITED TO NO MORE THAN ONE HUNDRED DOLLARS USD ($100.00).
   
   IN SOME JURISDICTIONS, IT IS NOT PERMITTED TO LIMIT LIABILITY AND, THEREFORE, SUCH LIMITATIONS MAY NOT APPLY TO YOU.
9. Reservation of rights
   Lucus Labs reserves all of Symbient Uptime's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Symbient Uptime may have in respect of this website, its content, and goods and services that may be provided. The use of Symbient Uptime's rights and property requires Lucus Labs' prior written consent. By making services available to you, Lucus Labs is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this website or provided services without Lucus Labs' prior written consent.
10. Notification of copyright infringement
    If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, Symbient Uptime's copyright agent may be contacted via our contact page.
11. Applicable law
    You agree that these Terms of Service and any dispute arising out of your use of this website or products or Services provided will be governed by and construed in accordance with local laws applicable at Symbient Uptime's domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a User Account on this website, or by using this website and the Services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over Lucus Labs' domicile, and that any disputes will be heard by the said courts.
12. Miscellaneous information
    (i) In the event that any provision of these Terms of Service is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of Service will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of this website or its Services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) Lucus Labs may assign Symbient Uptime's rights and obligations under these Terms of Service. In this event, Symbient Uptime will be relieved of any further obligation.