Terms of Service

The sitewarm command-line tool and the sitewarm GitHub Action are open-source software published at https://github.com/clarivo-co/sitewarm under the Apache License, Version 2.0 (the "Open-Source Software").

• The Open-Source Software is licensed only under the Apache License 2.0, not under these Terms. These Terms do not add to, remove from, or change any right or obligation under that license.
• When you run the Open-Source Software on your own machines or in your own CI, you send the requests and Clarivo does not operate, monitor, or receive anything from it. These Terms and the Privacy Policy do not apply to that use.
• Only the hosted Service, which Clarivo operates from its own infrastructure, is covered by these Terms.

sitewarm requests the URLs listed in the sitemaps of websites you control, so that the caches of your content delivery network (CDN) are filled before real visitors arrive, and it reports the cache status it observes for each URL. Depending on your plan, the Service runs scheduled scans, runs scans after a deploy, keeps a history of results, and sends alerts.

Plans, prices and limits are described on the pricing page. We may improve or change features. We will not change a paid plan in a way that materially reduces what you are paying for without telling you by email at least 30 days before the change, and you may cancel before it takes effect.

The Service reports what it observes. It does not promise any result: we do not guarantee that a page will be cached, stay cached or load faster, or that it will improve your search rankings, traffic, conversions or any other outcome.

• You need an account to use the Service. Accounts are managed through our authentication provider (see the Privacy Policy). Keep your credentials and API keys secure.
• Accounts belong to an organization. Sites, subscriptions and billing belong to the organization, not to an individual member. You are responsible for everything done by the members of your organization and with your API keys.
• You must give accurate information and keep it current, including your billing email.
• You must be at least 18 years old and able to enter a binding contract. The Service is meant for businesses and professionals.

The hosted Service only scans or warms a site after you prove that you control it. A site that passes verification is a Verified Site. If a Verified Site stops passing verification, the Service stops scanning it until it passes again.

For every site you add, you represent and warrant, and you must keep true for as long as the site is in your account, that:

• you own the site, or you have the express authority of its owner to send automated requests to it, to its origin servers, and through its CDN, at the volume your plan and settings allow;
• that traffic does not breach any agreement that binds you or the site, including your hosting, CDN or platform terms; and
• you will remove the site from the Service promptly if that authority ends.

• Identification. Each request carries a user agent that includes the token sitewarm/<version>. The Service never pretends to be Googlebot or any other search engine.
• The Service only requests URLs of Verified Sites that you added.
• Scan history never stores the values of Cookie, Set-Cookie or Authorization headers.

• The Service works by requesting your pages. Every request reaches your CDN and, on a cache miss, your origin server.
• Your hosting provider, CDN, origin, serverless platform or other providers may charge you for that traffic. You are solely responsible for all such costs, however they are calculated.
• You are responsible for choosing settings (URL limits, regions, frequency) that your infrastructure and budget can support, and for monitoring your own usage and bills.
• Clarivo does not refund or reimburse third-party costs caused by traffic that the Service sent at your request or within your settings.

You must not use the Service, and must not allow anyone to use it, to:

• send requests to any site, host or IP address that is not a Verified Site in your account;
• target, test, load-test, stress or disrupt any third party, or cause or attempt a denial-of-service condition on any system;
• circumvent verification, plan limits, or the one-trial and one-refund rules, including by using multiple organizations, accounts or cards;
• generate traffic in order to inflate analytics, advertising impressions, rankings or engagement metrics;
• scrape, copy or index content of sites you do not control;
• submit URLs that carry personal data, secrets or one-time tokens in the path or query string;
• break the law, infringe anyone's rights, or violate the terms of your hosting or CDN provider;
• probe, scan or test the security of the Service itself without our written consent, except to report a vulnerability to security@sitewarm.dev;
• reverse engineer the hosted Service (this does not limit your rights in the Open-Source Software under its license); or
• resell or sublicense access to the Service.

Reports of abuse, including from site owners who believe the Service sent them unwanted traffic, go to support@sitewarm.dev. Security issues go to security@sitewarm.dev.

We may pause scans, suspend a site or suspend your account, without prior notice when the risk is immediate and with notice otherwise, if we reasonably believe you breached the sections on verified sites or acceptable use; a site owner, host, CDN or network operator credibly reports unwanted traffic from the Service to a site in your account; your traffic threatens the security or stability of the Service; or a payment is overdue. We will tell you the reason when we can do so lawfully and safely, and we will lift the suspension once the cause is resolved. Suspension for breach does not entitle you to a refund.

Plans and prices

Paid plans are subscriptions, billed in US dollars through Stripe. Starter is $12 per month or $120 per year, and Pro is $39 per month or $390 per year. Prices exclude taxes; taxes are calculated at checkout from your billing address and shown before you pay. The checkout page shows the plan, the interval, the price and the trial before you enter payment details.

The 7-day trial

• An eligible new subscription starts with a 7-day trial. The trial requires a payment card and starts only after you have verified a site.
• The trial is limited to one per site, one per verified root domain and one per payment card. If the card turns out to have been used for a trial before, the trial ends immediately and the subscription is charged.
• While the trial runs, your plan is limited to 1 site and 5,000 tracked URLs.
• Your card is charged automatically when the trial ends, for the plan and interval you chose, unless you cancel before then. If you cancel during the trial you are not charged.

Automatic renewal

After the trial, the subscription renews automatically at the end of every month or year, at the price in force for your plan plus applicable taxes, until you cancel. We may change prices for future billing periods; we will email the account owner at least 30 days before a new price applies to you, and you may cancel before it does.

Cancellation

You can cancel at any time, online, in the billing portal of your account, and you may also ask us to cancel at support@sitewarm.dev. Cancellation takes effect at the end of the current billing period: you keep your paid features until then and are not charged again. We do not give partial refunds for the unused part of a billing period.

Refunds: 7-day money-back

• If you are not satisfied, email support@sitewarm.dev within 7 days of your first charge and we will refund that charge in full and cancel the subscription immediately.
• The refund applies once per organization, per site and per payment card, and covers the amount actually charged. It goes back to the original payment method.
• This is our only refund rule for requests. It does not apply to renewals, to accounts suspended for breach of these Terms, or to third-party hosting or CDN costs. The only other refunds are those the law requires and the one described under termination below.

Plan changes and non-payment

• Upgrades take effect immediately, with a prorated charge for the rest of the current period. Downgrades take effect at the end of the current period; if your account then exceeds the limits of the new plan, the extra sites are paused until you remove sites or upgrade.
• If a payment fails, Stripe retries it. After a 7-day grace period the account is suspended until the payment is made, and the subscription may be cancelled if it is not recovered.

• Customer Data means the sites, sitemaps, URLs, settings, scan results and history you or the Service create in your account. You own your Customer Data. You grant Clarivo a limited license to host, process and display it only to provide, secure and support the Service.
• How we process personal data is described in the Privacy Policy. If you need a Data Processing Agreement, contact legal@sitewarm.dev.

The Service relies on third-party providers, listed on the sub-processors page, including Stripe for payments and Clerk for authentication. Your use of services you choose to connect, such as your CDN, hosting provider, Slack or your own webhooks, is governed by their own terms. We are not responsible for third-party services that you choose to connect.

We will provide the Service with reasonable skill and care. Except as stated in these Terms, the Service is provided "as is" and "as available." To the maximum extent permitted by law, Clarivo disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. In particular, we do not guarantee that any page will be cached, stay cached or be served faster; that your CDN, origin or host will behave as expected under the Service's requests; or that the Service will be uninterrupted or error-free. We offer no uptime or service-level commitment.

To the maximum extent permitted by law:

• Neither party is liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, even if advised of the possibility.
• Clarivo is not liable for hosting, CDN, origin, bandwidth, request, invocation or other third-party infrastructure costs, or for outages or degradation of your site, arising from traffic the Service sends to your sites at your request or within your settings.
• Each party's total liability arising out of or related to these Terms or the Service is limited to the fees you paid for the Service in the 12 months before the claim.
• These limits do not apply to your payment obligations, to your indemnity obligations, or to liability that cannot be limited by law.

Some jurisdictions do not allow some of these limitations, so they may not apply to you.

You will defend, indemnify and hold harmless Clarivo and its officers, directors, employees and agents from and against any third-party claim, and all resulting losses, damages, fines, costs and reasonable attorneys' fees, arising out of a breach of your warranty about the sites you add; a breach of the acceptable use section; your Customer Data; or your violation of law or of a third party's rights. Clarivo will give you prompt notice of the claim, reasonable cooperation at your expense, and control of the defense, except that you may not settle a claim in a way that imposes an obligation on Clarivo without its written consent.

• These Terms apply from your first use of the Service until your account is closed. You may close your account at any time; cancel any subscription first.
• We may terminate your account for a material breach that you do not cure within 10 days after notice, and immediately for a breach of the verified-sites or acceptable-use sections that causes or risks harm to third parties.
• If we discontinue the paid Service, or end your subscription for a reason other than your breach, we refund, pro rata, the prepaid fees for the unused part of the current billing period.
• The sections on traffic costs, your data, warranties, liability, indemnity, governing law and general terms survive termination.

We may update these Terms. For material changes we will notify the account owner by email at least 30 days before they take effect, and we will post the new version with its date. If you do not agree, you may cancel before the change takes effect. A price change follows the notice rule in the renewal section.

• Informal resolution first. Before filing any claim, the party raising it must send the other a written description of the dispute (to legal@sitewarm.dev for Clarivo, or to the account owner's email for you), and both parties will try in good faith to resolve it informally for 30 days.
• Governing law. These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules.
• Courts. If the dispute is not resolved within those 30 days, it will be decided exclusively by the state or federal courts located in Delaware, and both parties consent to their jurisdiction. There is no arbitration agreement in these Terms.

Nothing in this section limits mandatory rights you have as a consumer under the law of the country where you live.

• Entire agreement. These Terms, the Privacy Policy, the Cookie Policy and any order or data processing agreement you sign with us are the entire agreement about the Service.
• Assignment. You may not assign these Terms without our consent. We may assign them in a merger, acquisition or sale of all or substantially all of the relevant assets.
• Severability and waiver. If a provision is unenforceable, the rest stays in effect. Not enforcing a provision is not a waiver.
• Force majeure. Neither party is liable for delay caused by events beyond its reasonable control, except for payment obligations.
• Notices. We send notices to the account owner's email. You send legal notices to legal@sitewarm.dev and to the address below.
• Intellectual property. Clarivo and its licensors own the hosted Service, including its software (other than the Open-Source Software, which is governed by its own license), the dashboard, the documentation, and the sitewarm name and logo. These Terms give you only the right to use the Service as described here. If you send us feedback or suggestions, we may use them without obligation to you.
• Export and sanctions. You may not use the Service in violation of United States export-control or sanctions laws.
• Language. These Terms are written in English. If we provide a translation, the English version controls to the extent permitted by law.

• Support, billing and refunds: support@sitewarm.dev
• Legal notices: legal@sitewarm.dev
• Security reports: security@sitewarm.dev
• Address for notices: Clarivo, Inc., c/o Legalinc Corporate Services Inc., 131 Continental Dr, Suite 305, Newark, DE 19713