Terms of Service

1. Scope and Applicability

These General Terms and Conditions ("Terms") govern the use of the Hoppla website monitoring platform ("Service") provided by Jakob Bennemann, Neubrückenstraße 73, 48143 Münster, Germany ("Hoppla", "we", "us").

By creating an account or using the Service, you ("Customer", "you") accept these Terms. These Terms apply exclusively; any conflicting or supplementary terms of the Customer are rejected unless Hoppla has expressly agreed to them in writing.

The Service is primarily directed at businesses and professionals (B2B). If you use the Service as a consumer within the meaning of §13 BGB, mandatory consumer protection provisions remain unaffected.

2. Definitions

• "Service" — the Hoppla website monitoring platform accessible at hoppla.dev and its subdomains, including API, dashboard, and related functionality
• "Team" — a workspace (tenant) containing one or more users who share monitors, notification channels, and billing
• "Monitor" — a configured check target (URL, domain, IP, cron job, or server agent) that the Service periodically verifies
• "Check" — a single execution of a monitor (e.g., one uptime probe, one DNS lookup)
• "Plan" — the subscription tier that determines feature limits, check intervals, and data retention
• "Reseller" — a customer with a separate reseller agreement who provides the Service to their own end customers under their own branding

3. Contract Formation

3.1 Registration

A contract is formed when you complete the registration process and we confirm your account by sending a verification email. By registering, you warrant that all information provided is accurate and complete.

3.2 Acceptance of Policies

At registration, you must accept these Terms and our Privacy Policy. Your consent is logged with a timestamp and your IP address.

3.3 Authority

If you register on behalf of a legal entity, you represent that you have the authority to bind that entity to these Terms. The entity becomes the Customer.

4. Service Description

4.1 Core Functionality

Hoppla provides the following monitoring and alerting capabilities:

• Uptime monitoring with dual-location verification
• SSL certificate expiry and configuration checks
• DNS record monitoring and change detection
• Domain expiry monitoring
• Broken link detection (site crawling)
• Lighthouse performance audits
• Security header analysis
• Mixed content detection
• Redirect chain monitoring
• Sitemap and robots.txt validation
• DNSBL (blacklist) monitoring
• Application health endpoints
• TCP port and ICMP ping monitoring
• Cron job / heartbeat monitoring
• Server agent monitoring (CPU, memory, disk)
• Public status pages with custom domain support
• Multi-channel alerting (email, Slack, Discord, Teams, Telegram, PagerDuty, webhooks)

4.2 Feature Availability

Available features, check intervals, monitor limits, team member limits, and data retention periods depend on the selected Plan. Current plan details are published on our website and may be updated from time to time.

4.3 API Access

The Service provides a REST API for programmatic access. API usage is subject to rate limits defined per Plan. API documentation is available at docs.hoppla.dev/api.

5. Customer Obligations

5.1 Account Security

You are responsible for maintaining the confidentiality of your account credentials and API tokens. You must notify us immediately at [email protected] if you suspect unauthorized access to your account.

5.2 Acceptable Use

You agree not to:

• Monitor targets you do not own or are not authorized to monitor
• Attempt to circumvent rate limits, plan restrictions, or security measures
• Use the Service for any illegal purpose or to facilitate illegal activity
• Resell, sublicense, or redistribute the Service without a written reseller agreement
• Interfere with other customers' use of the Service or the Service infrastructure
• Use automated scripts to create accounts or circumvent usage limitations
• Transmit malware, viruses, or otherwise harmful code through the Service
• Reverse engineer, decompile, or attempt to extract the source code of the Service

5.3 Monitoring Targets

You are solely responsible for ensuring that your monitoring activity complies with applicable law and the terms of service of the monitored targets. Hoppla bears no liability for consequences arising from your monitoring of third-party services.

5.4 Data Accuracy

You must keep your account information (particularly email address and billing information) current. We are not liable for failed notifications caused by outdated contact information.

6. Service Availability and SLA

6.1 Availability Target

Hoppla targets a monthly platform availability of 99.9% for paid Plans, measured as the percentage of time the core monitoring and alerting systems are operational, excluding scheduled maintenance.

6.2 Scheduled Maintenance

Scheduled maintenance will be announced at least 48 hours in advance via our system status page (hoppla.status.hoppla.dev) and, where practical, via in-app notification.

6.3 Limitations

We do not guarantee 100% uptime or that monitoring checks will always execute at their configured intervals. Check execution may be delayed by network conditions, target server response times, or queue load. The Service is provided on a best-effort basis and is not suitable as the sole mechanism for life-safety or critical-infrastructure monitoring.

7. Plans, Pricing, and Payment

7.1 Plans

The Service is available in multiple Plan tiers. Plan details, feature limits, and pricing are published on our website. A free Plan may be available with limited functionality.

7.2 Billing Cycle

Paid Plans are billed in advance on a monthly or annual basis, depending on the selected billing cycle. Invoices are issued electronically and payable within 14 days of issue.

7.3 Payment Methods

Payment is processed through our payment provider, Paddle.com Market Ltd ("Paddle"), acting as our Merchant of Record. Available payment methods (e.g., credit card, PayPal, SEPA direct debit) are determined by Paddle and may vary by region. By subscribing, you agree to Paddle's terms of service. You authorize recurring charges for your subscription.

7.4 Late Payment

In case of late payment, we may charge default interest at the statutory rate (§288 BGB). After 14 days of overdue payment and a reminder, we may restrict or suspend the Service until payment is received. Suspension does not release you from payment obligations.

7.5 Price Changes

We reserve the right to modify pricing. Price increases will be communicated at least 30 days before the next billing cycle. If you do not agree with a price change, you may terminate before the new pricing takes effect.

7.6 Taxes

All prices stated are total prices. Under the German small-business rule (§19 UStG) we do not charge value added tax, and none is shown on our invoices. Where a payment service provider acts as merchant of record for a transaction, that provider issues the invoice in its own name and applies the tax rules that bind it.

8. Intellectual Property

8.1 Service IP

The Service, including its software, design, documentation, and trademarks, is owned by Jakob Bennemann and protected by copyright and other intellectual property laws. No intellectual property rights are transferred to you through use of the Service.

8.2 License Grant

Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable right to access and use the Service for the duration of the contract within the scope of your Plan.

8.3 Customer Data

You retain all rights to the data you submit to the Service ("Customer Data"). You grant us a limited license to process your Customer Data solely to provide and improve the Service as described in our Privacy Policy.

9. Data Protection

We process personal data in accordance with our Privacy Policy and the Data Processing Agreement. Where the Customer acts as a data controller under GDPR and Hoppla processes personal data on the Customer's behalf, the terms of the DPA apply.

All primary data storage and processing occurs within the European Union. Details on sub-processors are available on our Sub-Processor page.

10. Warranty and Defects

10.1 Warranty

Hoppla warrants that the Service will substantially conform to the published service description during the term of the contract. Minor deviations that do not materially affect usability do not constitute defects.

10.2 Defect Remediation

In the event of a defect, Hoppla will use commercially reasonable efforts to remedy the defect within a reasonable time. Hoppla may choose between repair and workaround at its discretion.

10.3 Exclusions

No warranty is given for defects caused by: (a) Customer misuse or non-compliance with these Terms; (b) third-party services, software, or infrastructure outside Hoppla's control; (c) force majeure events; (d) unauthorized modifications to the Service by the Customer.

11. Limitation of Liability

11.1 Unlimited Liability

Hoppla bears unlimited liability for: (a) damages resulting from intentional misconduct or gross negligence; (b) injury to life, body, or health; (c) liability under the German Product Liability Act (Produkthaftungsgesetz); (d) liability under guarantees expressly assumed by Hoppla.

11.2 Limited Liability

For breaches of material contractual obligations (Kardinalpflichten) caused by ordinary negligence, Hoppla's liability is limited to the foreseeable, typically occurring damages. This is capped at the total fees paid by the Customer in the 12 months preceding the damaging event.

11.3 Exclusion of Liability

Beyond the cases described in §11.1 and §11.2, Hoppla's liability is excluded. In particular, Hoppla is not liable for: indirect damages, consequential damages, lost profits, loss of data (beyond restoration from backups), or damages arising from delayed or missed monitoring notifications.

11.4 Contributory Negligence

If the Customer has contributed to the damage through their own actions or omissions (e.g., failure to maintain up-to-date contact information), liability is reduced accordingly (§254 BGB).

12. Contract Duration and Termination

12.1 Contract Term

The contract begins upon account creation. Paid Plans run for the selected billing period (monthly or annually) and automatically renew for the same period unless terminated.

12.2 Ordinary Termination

Either party may terminate the contract with effect at the end of the current billing period. Monthly Plans may be terminated with 14 days' notice to the end of the month. Annual Plans may be terminated with 30 days' notice to the end of the annual period.

12.3 Extraordinary Termination

Either party may terminate for cause (außerordentliche Kündigung) if the other party materially breaches the contract and fails to cure the breach within 14 days of receiving written notice. Cause for immediate termination by Hoppla includes:

• Use of the Service for illegal purposes
• Repeated or severe violations of the Acceptable Use policy
• Non-payment for more than 30 days after reminder
• Insolvency proceedings initiated against the Customer

12.4 Effects of Termination

Upon termination: (a) access to the Service is disabled; (b) you may export your data within 30 days via Settings > Data & Privacy; (c) after the 30-day grace period, all Customer Data is permanently deleted; (d) any prepaid fees for the remaining unused period of annual Plans will be refunded on a pro-rata basis if Hoppla terminates without cause.

12.5 Account Deletion

You may delete your account at any time via Settings > Data & Privacy > Delete Account. Account deletion constitutes termination.

13. Modifications to Terms

We may modify these Terms from time to time. Material changes will be communicated at least 30 days before they take effect via email to the account administrator or via in-app notification. If you do not object within 30 days of notification and continue to use the Service, the modified Terms are deemed accepted.

If you object to the modifications, either party may terminate the contract with effect at the date the modified Terms would have taken effect.

14. Confidentiality

Both parties agree to treat as confidential all non-public information received from the other party in connection with the Service ("Confidential Information"). Confidential Information may not be disclosed to third parties without prior written consent, except as required by law or court order.

15. Force Majeure

Neither party is liable for delays or failures in performance caused by events beyond its reasonable control, including natural disasters, wars, terrorism, pandemics, government actions, power failures, internet outages, or failures of third-party infrastructure providers. The affected party must notify the other party promptly and use reasonable efforts to mitigate the impact.

16. Governing Law and Jurisdiction

16.1 Governing Law

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

16.2 Jurisdiction

For business customers (Unternehmer), the exclusive place of jurisdiction is Münster, Germany. For consumers, mandatory statutory provisions regarding jurisdiction remain unaffected.

17. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the economic intent of the original provision.

18. Entire Agreement

These Terms, together with the Privacy Policy, Data Processing Agreement, and any applicable Order Form, constitute the entire agreement between the parties regarding the Service. Amendments and side agreements require text form (Textform, §126b BGB) to be effective.

19. Contact

For questions about these Terms:
Jakob Bennemann
Email: [email protected]
See our Impressum for full contact details.