Terms of use

Article 1. Definitions

In these Terms, the following capitalised words have the meaning given below, in the singular and the plural.

• Service: the PostShip service for monitoring websites after release, available from the Site, the Application, the API and the command-line program.
• Site: the public postship.fr site and its pages.
• Application: PostShip's signed-in area, where the User configures and consults the Service.
• Account: the User's personal access to the Application, tied to an email address.
• Workspace: the workspace that groups Projects, a Plan and, where applicable, Members. Every Account has a personal Workspace and can create others.
• Owner: the User who created a Workspace, or to whom it was transferred; they pay for its subscription.
• Member: a User invited into someone else's Workspace.
• Project: a monitored site, with its addresses, Journeys, alert channels and settings.
• Check: the operation by which the Service visits an address of a Project, as a visitor would, and checks the response.
• Journey: a sequence of pages checked in order, for example the path to payment.
• Alert: the message the Service sends when a Check fails or an indicator degrades.
• Status page: the public page a User can publish to tell their own visitors about the state of their site.
• Plan: the offer, free or paid, attached to a Workspace, which sets its features and limits.
• Customer Content: everything the User configures, imports or publishes in the Service, and the results of their Projects' Checks.
• API key: the secret that lets a program access the Service on a User's behalf.
• Consumer: an individual acting for purposes outside their trade, business, craft, profession or farming activity.
• Professional: anyone acting for the purposes of their business, including through an employee or agent.

Article 2. Purpose and contractual documents

2.1Purpose

The Terms set out how the Publisher makes the Service available to the User, and what each party undertakes. They apply to every Plan, including the free Plan.

2.2Contractual documents

The contract between the Publisher and the User consists of, in decreasing order of priority:

1. where applicable, the quote signed by both parties, for what it expressly covers;
2. the terms of sale, for any paid subscription;
3. these Terms;
4. the Pricing page, as published on the day of subscription or renewal.

The privacy policy describes how the Publisher processes personal data. If two documents conflict, the one higher in the list above prevails.

2.3Acceptance

The User accepts the Terms by ticking the box provided when creating their Account. The accepted version, with its date and time, is recorded with the Account. Access to the Application requires acceptance of the version in force.

2.4Capacity

The Service is open to adults with legal capacity, and to legal entities represented by an authorised person. A User who creates an Account on behalf of a business declares that they have the power to bind it.

Article 3. Description of the Service

3.1What the Service does

PostShip checks, as a visitor would, the pages and Journeys the User configures — response, content, payment, certificate, domain, performance — at regular intervals and on every deployment their host reports to it. It warns the User of any anomaly, by email, on Slack or on Discord depending on the channels connected, and can publish a Status page for the User's visitors. It stays silent as long as everything works.

The Service never modifies the sites it monitors. It does not sign in to them with the User's credentials and reads only what a visitor would see, within the addresses configured.

3.2Plan features and limits

The features and limits of each Plan are described on the Pricing page and in the documentation. At the date of these Terms, the main limits are:

A full scan of a site (all its pages, once) is included in every Plan within the page limit shown. The counter resets on the first day of each calendar month; unused pages do not carry over.

3.3Changes to the Service

The Publisher develops the Service: it may add, change or remove features. It does not remove an essential feature of a paid Plan during a period already paid for; if such a feature has to go, the User concerned is told by email at least thirty days in advance and may cancel, with the unused part of the current period refunded.

3.4Third-party services

Some features depend on third-party services — the User's host, Stripe, GitHub, messaging services — and on the access the User gives them. Their use remains subject to their own terms. The Publisher is not liable for the unavailability of, or a change to, a third-party service, but endeavours to limit its effect on the Service.

Article 4. Account and access

4.1Creating the Account

The Account is opened with a valid email address. Signing in uses a one-time code sent to that address, a passkey saved on one of the User's devices, or their Google or GitHub account. No password is ever asked for.

4.2Accurate information

The User provides accurate information and keeps it up to date from Account → Profile. An email address that no longer works prevents the Publisher from reaching the User, including with Alerts: the User bears the consequences.

4.3Access security

The User alone is responsible for access to their mailbox and devices, and for any activity from their Account. They tell the Publisher without delay at support@postship.fr if they suspect unauthorised access. A Workspace Owner can require two-factor authentication from their Members.

Article 5. Workspaces and Members

5.1Workspaces

Every Account has a personal Workspace and can create other Workspaces. The Plan is attached to the Workspace: its limits apply to all the Projects in that Workspace, whichever Member creates them.

5.2Members

Where the Plan allows, the Owner invites Members. Each Member accepts the Terms for their own Account. The Owner decides on access, may remove a Member at any time and is answerable to the Publisher for the use their Members make of the Workspace.

5.3Leaving a Workspace and deleting one

A Member who leaves a Workspace, or is removed from it, loses access to its Projects; the Projects stay in the Workspace. Deleting a Workspace deletes its Projects and their data.

Article 6. API, command-line program and integrations

6.1API and API keys

PostShip's API lets a program read the state of Projects. It is read-only. An API key is personal and secret: it gives access to the Projects of the Workspace it was created in, within the rights of the User who created it. The User keeps it like a password, revokes it from that Workspace's settings as soon as they believe it exposed, and is answerable for its use until it is revoked.

6.2Command-line program

The postship program connects to the Service after an authorisation given from the Application, on the page that shows the terminal's code. The authorisation creates an API key specific to the machine; it expires ninety days after it was last used and is revoked like any API key. The User never authorises a code they did not display themselves.

6.3Usage limits

The API, the program and the Service's public endpoints are subject to rate limits that protect the Service. A request beyond those limits is refused; its author retries later.

6.4Integrations

By connecting an integration — host, code repository, messaging service, payment provider — the User authorises the Service to receive the events and read the information that integration gives it, solely for the Service to work. They can disconnect an integration at any time, from the Application or from the third-party service.

Article 7. Acceptable use

The User undertakes:

1. to use the Service only to monitor sites they own or are lawfully authorised to monitor;
2. not to use the Service to scan, probe, test or disrupt third-party systems without their operator's permission;
3. not to circumvent the Service's technical limits — quotas, Check frequency, rate limits — in particular by multiplying Accounts or Workspaces;
4. not to publish on a Status page, or in any public field of the Service, any content that is unlawful, misleading, defamatory or infringes a third party's rights;
5. not to try to access another User's data, nor to test the Service's security other than as described in its security.txt file;
6. not to decompile or disassemble the Service, except where article L. 122-6-1 of the French Intellectual Property Code allows it;
7. not to resell the Service or make it available to a third party without the Publisher's written agreement, subject to what the white-label feature of the Plan subscribed to allows.

A breach of these undertakings may lead to the Account being suspended or terminated under article 12.

Article 8. Customer content and data

8.1Ownership

The User keeps all their rights in Customer Content. They grant the Publisher, for the term of the contract and worldwide, the non-exclusive right to host, reproduce and display it solely as needed to provide the Service — for example, to show their incident messages on their Status page.

8.2Personal data processed on the Customer's behalf

For some features, the Service processes personal data on behalf of the User, who is the controller, with the Publisher as their processor within the meaning of article 28 of the GDPR: the addresses of a Status page's subscribers, the measurements and error messages sent by the browsers of visitors to a site that has enabled real-user monitoring, and screenshots of monitored pages. For this processing, the Publisher undertakes:

1. to process this data only to provide the Service, following the instructions the User gives through their settings;
2. to ensure the people authorised to process it are bound by confidentiality;
3. to apply the security measures described in article 12 of the privacy policy;
4. to use only the sub-processors listed in the privacy policy, and to notify the User of any change to that list, which they may refuse by cancelling;
5. to help the User answer data-subject requests and meet their own security and impact-assessment obligations;
6. to notify the User of any breach of this data as soon as possible after becoming aware of it;
7. to delete this data when the Project or the Account is deleted, subject to the backup rotation described in the privacy policy;
8. to make available to the User the information needed to demonstrate compliance with these obligations.

The User, for their part, informs the people concerned on their own site and makes sure they have a legal basis for this processing.

8.3Export and return

The User exports their data at any time from Account → Summary → Your data → Export, in a machine-readable format.

Article 9. Availability, maintenance and support

The Publisher uses reasonable means to keep the Service available at all times, without guaranteeing 100% availability. Interruptions may occur for maintenance, updates or an incident; the Publisher keeps them to a minimum, and gives notice of lengthy maintenance when it can.

Support is provided by email, at support@postship.fr, on working days, as soon as possible; no response time is guaranteed.

Article 10. Liability

10.1Best-efforts obligation

The Publisher is bound by a best-efforts obligation. PostShip warns the User of the outages it detects; it does not guarantee to detect them all, nor to warn within a given time.

10.2What the Publisher is not liable for

The Publisher is not liable for:

• the outage, slowness or error of the monitored site, which remain its operator's responsibility;
• a missed or incorrect Alert caused by the User's configuration, an unavailable alert channel or a third-party service;
• decisions the User takes on the strength of an Alert or an indicator, such as a rollback or taking a site offline;
• indirect losses, such as loss of revenue, customers or reputation, where the User is a Professional.

10.3Cap

Save for gross negligence or wilful misconduct, and within the limits allowed by law, the Publisher's liability towards a Professional is limited, for all losses combined, to the sums they paid for the Service in the twelve months before the event giving rise to liability. This cap does not apply to a Consumer, who keeps all the rights the law gives them.

10.4The User's liability

A Professional User indemnifies the Publisher against any third-party claim based on monitoring they were not authorised to set up, or on content they published through the Service.

Article 11. Intellectual property

The Service, its software, its brand and its content remain the exclusive property of the Publisher. The Terms grant the User a personal, non-exclusive, non-transferable right to use the Service, for the term of the contract and for their own needs. Suggestions the User sends the Publisher may be freely used in the Service, without compensation.

Article 12. Suspension and termination

12.1By the User

The User cancels their subscription from Billing, or deletes their Account from Account → Danger, at any time, at no cost and without notice. Deleting the Account immediately and permanently erases their Projects and data, subject to backup rotation and the invoices the law requires to be kept.

12.2By the Publisher

If the User breaches the Terms, the Publisher gives them formal notice by email to remedy it within eight days. Failing that, it may suspend and then terminate the Account. The Publisher may suspend access to the Service, or a Check, without notice where the security of the Service or of a third party is at stake, in case of clearly unlawful use, or when ordered by an authority; it informs the User and gives the reasons, unless the law forbids it.

12.3Effects

At the end of the contract, access to the Application ends and data is deleted as set out in article 12.1. A User who wishes to do so exports their data before deleting their Account. Articles 8.1, 10, 11, 13 and 17 survive the end of the contract for as long as necessary.

Article 13. Confidentiality

Each party keeps confidential the other's non-public information it learns of in connection with the contract — in particular API keys, integration tokens and Check results — and uses it only to perform the contract. This does not cover information that is public, already known, lawfully received from a third party, or whose disclosure is required by law or an authority.

Article 14. Force majeure

Neither party is liable for a failure caused by force majeure within the meaning of article 1218 of the French Civil Code, including a general failure of a network, an energy supplier or a host, or a large-scale cyberattack that reasonable measures could not prevent. Performance is suspended for the duration of the event; if it lasts more than thirty days, either party may terminate the contract by email.

Article 15. Changes to the Terms

The Publisher may change the Terms. Any substantial change is notified by email at least thirty days before it takes effect, and the new version is put forward for acceptance at the next sign-in. A User who refuses it may cancel before it takes effect, at no cost. A change required by law, or one that does not alter the User's rights, applies as soon as it is published.

Article 16. General provisions

• Entire agreement. The contract sets out the parties' entire agreement on its subject and replaces any earlier exchange.
• Severability. A clause held void is deemed unwritten; the others remain in effect.
• No waiver. A party's failure to rely on a breach does not waive its right to rely on it later.
• Assignment. The Publisher may transfer the contract to whoever takes over the Service, telling the User by email; a Consumer User may then cancel at no cost.
• Evidence. The Application's records — acceptance of the Terms, logs, timestamps — are evidence between the parties unless proven otherwise, in accordance with article 1366 of the French Civil Code.
• Notices. The Publisher's notices are validly sent to the Account's email address; the User's, to contact@postship.fr.
• Language. The Terms are written in French; their translation is provided for convenience, and only the French version is authoritative.

Article 17. Governing law and disputes

The Terms are governed by French law. The parties first seek an amicable solution; the User sends their complaint to support@postship.fr. A Consumer may also use mediation, under article 14 of the terms of sale.

Failing agreement, a dispute with a Professional falls within the exclusive jurisdiction of the courts within the Lyon Court of Appeal's district, even where there are several defendants or a third-party claim. A Consumer may bring proceedings, at their choice, before the court of the place where they lived when the contract was concluded or when the harmful event occurred, or before any other court with jurisdiction under the law.