Terms of Service

Welcome to Drumbeats ("Service," "we," "us," or "our"). Drumbeats is operated by Samed Kahyaoğlu, a sole proprietor (gerçek kişi tacir) trading as Lucky S Software, registered in Türkiye (Kartal Tax Office). In these Terms, "Operator" means Samed Kahyaoğlu, trading as Lucky S Software. All legal communications should be directed to support@drumbeats.io.

By accessing, registering for, or using Drumbeats, you ("User" or "You") agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

THIS SECTION IS CRITICAL. PLEASE READ CAREFULLY. The Service is provided on an "AS IS" and "AS AVAILABLE" basis.

No SLA: We do not offer a Service Level Agreement (SLA). We do not guarantee uptime, availability, or the successful delivery of alerts.

Beta Status: You acknowledge that certain features of the Service may be in a Beta phase. They may contain bugs, errors, and may experience interruptions or total failure at any time.

No Reliability Guarantee: You should not rely on Drumbeats for mission-critical applications where failure of the Service could result in death, personal injury, environmental damage, or significant financial loss.

WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

To use the Service, you must create an account. You agree to:

One Free Account Policy: You may maintain only one free account. Creating multiple free accounts to bypass usage limits is strictly prohibited.

Account Security: You are responsible for maintaining the security of your password and API tokens. You are responsible for all activity that occurs under your account.

Accurate Information: You must provide accurate and current information during registration and onboarding.

Customer Data and Personal Data (PII): Do not send us personal data. The Service is not designed to receive personal data of your end-users; do not include such data (PII) in ping payloads, monitor names, or other free-text fields. With respect to any personal data you nonetheless place into the Service, you act as the data controller and Drumbeats acts solely as your processor, storing that data on your instructions; the Operator accepts no responsibility for it. You may request deletion of such data at any time via support@drumbeats.io. We comply with applicable data-protection law.

We currently offer "unlimited" usage on certain features to help you evaluate the product. However, this is subject to a Fair Use Policy.

Definition of Abuse: We consider it abuse if your volume of requests (pings), creation of monitors, or frequency of alerts negatively impacts the stability of our infrastructure or incurs excessive costs.

Right to Throttle: We reserve the right to immediately throttle or block your traffic if your usage threatens the stability of the Service.

Free Plan: A fundamental "Free Plan" will always be available. However, the specific features included in the Free Plan may change at any time.

Merchant of Record: All payment processing, invoicing, tax calculation (VAT/GST/Sales Tax), and compliance with local tax regulations are handled by our Merchant of Record, DodoPayments. When you purchase a subscription, your contractual payment relationship is with DodoPayments, not directly with Drumbeats. DodoPayments is responsible for collecting payments, issuing invoices, and remitting applicable taxes to the relevant authorities on your behalf.

Hybrid Billing (Base + Overage): Certain paid plans may include a base subscription fee plus usage-based charges ("Overage"). If your usage exceeds the limits included in your plan during a billing cycle, you authorize us (through DodoPayments) to automatically charge the payment method on file for the overage amount at the end of the billing period. By subscribing to a plan with overage billing, you explicitly consent to these automatic charges.

Beta Features & Future Paid Tiers: During any Beta phase, we may provide access to certain features at no cost that will eventually become part of paid plans.

Right to Modify Tiers: We reserve the right to reclassify features and plans as "Paid" at any time.

No Automatic Upgrade Charge: If a feature you are using for free becomes a paid feature, you will not be charged automatically. Instead, your account will be transitioned to the standard Free Plan (or the feature will be disabled) unless you explicitly opt-in to a paid subscription.

Plan Pricing and Limits: The limits, prices, and billing details of each plan are those displayed on the checkout and product pages at the time of purchase or renewal.

Cancellation by You: You may cancel your paid subscription at any time through your account settings. Upon cancellation, your access to paid features will continue until the end of the current billing period, after which your account will be downgraded to the Free Plan.

Final Invoice on Cancellation: If you have accrued any overage charges up to the point of cancellation, a final invoice will be generated and charged to your payment method on file. Cancelling your subscription does not waive your obligation to pay for resources already consumed.

No Refunds for Consumed Resources: Due to the nature of the Service (server resources, API processing, bandwidth), payments for consumed resources are non-refundable. This includes base subscription fees for the current billing period and any overage charges. Refunds may be issued at our sole discretion in exceptional circumstances.

Termination by Us: We reserve the right to suspend or terminate your access at any time, for any reason, or for no reason, at our sole discretion, with or without prior notice. This includes, but is not limited to, violations of these Terms, the Fair Use Policy, or if we decide to discontinue the Service.

Effect of Termination & Data Retention:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

Exclusions: In no event shall the Operator be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, or failure to receive a downtime alert.

Gross Negligence Exception: Nothing in these Terms limits our liability for damages caused by our intent or gross negligence, or for death/personal injury caused by our negligence, as required by mandatory provisions of applicable law (including Turkish Code of Obligations, Art. 115).

Cap on Liability: For any claim not excluded above, our total aggregate liability shall not exceed the total amount you paid to use the Service in the twelve (12) months immediately preceding the event giving rise to the claim. If you are a Free Plan user, you agree that since the Service is provided free of charge, our total liability to you shall be zero (0), to the fullest extent permitted by law.

The Service, including its codebase, design, brand, and all associated intellectual property, is the exclusive property of the Operator. You are granted a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.