Terms of Service

1. Who You Are Contracting With

Heapwatch, meaning both the marketing website at heapwatch.com and the service at app.heapwatch.com, is provided by Viktor Jamrich Enterprises s.r.o., a limited liability company registered in Slovakia at Dolná Poruba 10, 914 43 Dolná Poruba, Slovakia, EU, IČO 50657461; DIČ 2120415561; IČ DPH SK2120415561.

We are entered in the Commercial Register kept by the District Court Trenčín (Okresný súd Trenčín), section Sro, insert number 34102/R. In these Terms "we", "us" and "Heapwatch" mean that company, and "you" means the person or the company that accepts these Terms.

Contractual and general matters go to info@heapwatch.com. Account, billing, and technical matters go to support@heapwatch.com. Paper post goes to the registered address above.

2. The Documents That Make Up This Agreement

Your agreement with us is made up of these Terms plus the documents below, all of which form part of it:

• the plan, billing interval, and price you confirm at checkout;
• the Refund Policy;
• the Privacy Policy;
• the Data Processing Agreement, where your device content contains personal data (see clause 19);
• any separate written agreement we both sign, for example a service level agreement or a negotiated order form.

If these documents conflict, the one higher in this list wins: a signed separate agreement, then the Data Processing Agreement for data protection matters, then the Refund Policy for refunds and cancellation, then these Terms, then the Privacy Policy, then anything on the Website. Your own purchase order terms, supplier terms, or portal terms do not apply to us, even if we accept the order.

3. Words We Use

• Service - the Heapwatch application at app.heapwatch.com, its API, its MCP endpoint, the device ingest paths (MQTTS, HTTPS, stream), and the documentation.
• Website - the marketing site at heapwatch.com.
• Workspace - the isolated area holding your devices, applications, firmware, crash data, and members.
• Content - everything you or your devices send us: telemetry, logs, events, parameters, core dumps, firmware binaries and symbols, filesystem contents, configuration, and anything you type in.
• Device - a piece of hardware you connect to Heapwatch, including an ESP32-series board running the Connector.
• Connector - the Heapwatch component you add to your ESP-IDF firmware (see clause 50).
• Plan and Entitlements - the tier you bought and the limits that come with it: real-time devices, live history window, crash history retention, and team members.
• Consumer - a natural person acting outside their trade, business, or profession.
• Business Customer - anyone who is not a Consumer, including sole traders buying for their business.

4. Accepting These Terms

You accept these Terms when you create an account, or when you confirm them at checkout, whichever happens first. If you do not accept them, do not register and do not use the Service.

You must be at least 18 and legally able to enter into a contract. If you accept on behalf of a company or other organisation, you confirm you are authorised to bind it, and "you" then means that organisation.

We record your acceptance, including the version you accepted and when. We confirm the contract by email. The version in force is always at /terms, and every version keeps a permanent URL so you can retrieve exactly what you agreed to.

5. Changes To These Terms

A new version gets its own permanent URL (for example /terms/2026-10-04-v3) and /terms always shows the one in force.

If we make a change that materially affects your rights or obligations, we email registered customers at least 30 days before it takes effect. If you do not accept the change, you may cancel before the effective date at no penalty, and your current paid period runs out as normal. Using the Service after the effective date means you accept the new version.

Changes we must make to comply with the law, a court or regulator, or to close a security hole may take effect sooner, and we will say so when we notify you. Nothing in this clause lets us reduce your statutory rights.

6. Language And Notices

The contract language is English, and so is the Service, our documentation, and our support.

We send notices to the email address on your account. You send notices to info@heapwatch.com, or to our registered address for anything you want on paper. An email notice counts as delivered on the next working day after it is sent, unless it bounces. Keep your account email current, because that is how we reach you about security, billing, and changes to these Terms.

7. Who Supervises Us

The supervisory authority for consumer protection in our region is the Slovak Trade Inspection: Inšpektorát SOI pre Trenčiansky kraj, Hurbanova 59, 911 01 Trenčín, odbor výkonu dozoru, telephone +421 32 6400 109, email tn@soi.sk.

For personal data, the supervisory authority is the Office for Personal Data Protection of the Slovak Republic (Úrad na ochranu osobných údajov SR). See the Privacy Policy for how to exercise your data protection rights.

8. Browsing heapwatch.com

You may read the Website, use Cookie Settings, open live chat, and contact us without creating an account. What you find there is information about the product, not an offer with binding specifications and not a warranty about the Service.

Please do not misuse the Website: no scraping or automated requests heavy enough to degrade it for others, no attempts to break in or probe it, no bulk copying of our copy, design, or code for your own product. Our brand, text, layout, and graphics stay ours.

Cookies, analytics, live chat, and the contact form are described in the Privacy Policy, Marketing website section.

9. What Heapwatch Is, And What It Is Not

Heapwatch is a remote workbench for firmware engineers: live telemetry from your ESP32-series boards (heap, CPU, task stacks, logs, events, your own parameters), crash capture, core dumps decoded to file and line, and convenient remote config, filesystem access, and OTA for development and lab boards.

Heapwatch is a diagnostic tool, not a verification tool. It does not replace your own testing, review, or quality assurance. It cannot promise to surface every defect, every memory problem, or every crash, and what it tells you about your firmware is diagnostic information rather than a guarantee that your firmware is correct.

Heapwatch is not a production fleet management platform, not a factory provisioning system, not a device safety or functional safety system, and not certified to any safety, medical, or industrial standard. Clause 15 lists uses that are off limits.

10. Your Right To Use Heapwatch

For as long as your subscription or trial is live, we give you a non-exclusive, non-transferable, non-sublicensable right to use the Service for your own firmware development work, within the Entitlements of your Plan. That is the whole of the right you get. Nothing is sold to you.

What that right does not cover:

• reselling, renting, white-labelling, or providing Heapwatch to anyone else as a service;
• sharing one account or one Workspace across people or organisations in order to stay under a Plan limit;
• copying, modifying, decompiling, or reverse engineering the Service, except to the narrow extent Slovak or EU law expressly allows and cannot be contracted away;
• circumventing or tampering with limits, metering, quotas, licence checks, or the use-mode restrictions in clause 14;
• removing or obscuring our notices, or using our name or logo in a way that suggests endorsement.

11. Your Account And Your Workspace

A few things we ask of you:

• sign up with accurate details, including the company details we need for invoicing, and keep them current;
• look after your credentials, and use the two-factor options we offer;
• tell us without delay at support@heapwatch.com if you think someone else got in;
• take responsibility for everything that happens in your Workspace, including what members you invite do and what their coding agents do.

Workspace administrators control roles and permissions. On Personal plans the Workspace is for one person and may not be shared. On Business plans you may invite members up to your Plan limit, and you are responsible for making sure they follow these Terms.

12. Plan Limits And Fair Use

Each Plan comes with Entitlements: how many devices you can watch in real time, how long the live history window is, how long crash history is kept, and how many team members you get. The current numbers are on the pricing page and on the billing page in the app, and the Plan you confirm at checkout is the one that applies to you.

We enforce these limits technically. Above your limit we may refuse new device connections, reject incoming device data, or decline a real-time slot. Crash history and telemetry outside your retention window are purged automatically and cannot be restored afterwards, so export anything you want to keep for longer.

If your usage threatens the stability of the platform or the experience of other customers, even while formally within your limits, we will contact you first and work it out. If we cannot reach you and the problem is live, we may apply rate limits in the meantime.

13. API Keys, MCP Keys, And Coding Agents

Workspace keys, including MCP keys, enrollment keys, build keys, and device credentials, are secrets. Treat them like passwords. Anything done with a valid key counts as done by you, and you can rotate or revoke keys in settings at any time.

If you connect a coding agent such as Cursor or Claude Code over MCP, you are responsible for what that agent does with your key. Read-write scope lets an agent change bug status and notes, write files, send commands, change configuration, and start or roll back OTA updates on your devices. Check the scope before you mint a key, and give an agent the narrowest scope that does the job.

We are not responsible for the behaviour, output, or cost of third-party AI tools you connect, and connecting one does not change the limits in Part G.

14. Commands, Remote Config, Files, And OTA Updates

Heapwatch can act on your devices: restart or sleep them, read and change configuration, list, read, write, move, and delete files, and start, abort, confirm, or roll back an OTA firmware update. Every one of those actions is your instruction to your own hardware. We transport and execute what you ask for.

These actions carry real risk. A command, a configuration change, a file operation, or an OTA update can interrupt your device, misconfigure it, make it unreachable, corrupt its storage, or permanently brick it. You accept that risk. You are responsible for the firmware you push, for having a working rollback path and recovery partition, for your partition layout, and for the power and network conditions of the device while it updates.

Writes of this kind are available for devices whose use mode is development, testing, or staging. Devices in production mode are blocked from them. Do not label production hardware as a development device in order to unlock those actions. If you do, you take on the full consequences, and clause 15 still applies.

In short: use this on boards you physically control or can recover. Heapwatch is a workbench, not a production update channel.

15. Devices And Uses That Are Off Limits

You may not use Heapwatch in, or in connection with, any device or system where a failure, a delay, a wrong diagnosis, or an unintended command could kill or injure someone, or cause severe environmental or property damage. That includes:

• life support, implantable, diagnostic, or any other medical device, and anything regulated as a medical device;
• aviation, aerospace, air traffic control, and spacecraft;
• nuclear facilities and nuclear control systems;
• weapons systems;
• automotive safety functions such as braking, steering, airbags, or driver assistance;
• rail, marine, or industrial safety instrumented systems, emergency shutdown systems, and fire or gas detection;
• critical infrastructure such as power generation and distribution, water treatment, or emergency services.

Heapwatch is not designed, built, tested, or certified for those uses, and we give no warranty of any kind for them. If you use it there anyway, you do so entirely at your own risk and you indemnify us under clause 39.

Whatever you build, keep safety mechanisms that do not depend on Heapwatch: hardware watchdogs, fail-safe defaults, a recovery partition, independent monitoring, and physical access to the device. Never make Heapwatch the only thing standing between your device and a dangerous state.

16. Acceptable Use

Do not:

• break the law, or use Heapwatch to harm people, devices, or systems;
• send Content you do not have the right to send, or that infringes somebody else's rights;
• probe, scan, load-test, or penetration-test the Service without our written permission (we will usually give it, just ask first);
• upload or distribute malware, or use Heapwatch to deliver firmware designed to damage a device you do not own;
• overload the platform, interfere with other customers, or try to reach data that is not yours;
• share access or split work across accounts to slip past Plan limits;
• cycle subscriptions and refunds to get paid capacity for free;
• use the Service, or its output, to build or train a competing product.

If you break this clause or clause 15, we may act under clause 33.

17. Your Content Stays Yours

Telemetry, core dumps, firmware artefacts, filesystem contents, configuration, everything your devices and your team send us: it belongs to you, not to us. We claim no ownership of it.

You give us a limited licence to host, store, copy, transmit, decode, display, and back up your Content, for one purpose only: running, securing, and supporting the Service for you, and doing what you ask us to do with it. That licence lasts as long as we hold the Content and ends when we delete it under clause 34.

You confirm you have the right to send us everything you send, and that doing so does not infringe anyone's rights or break any law, export control, or confidentiality obligation you are under.

We may produce and use aggregated, anonymised statistics about how the Service is used, in a form that does not identify you, your devices, or your firmware, to operate and improve Heapwatch. We do not sell your Content, and we do not use your Content to train AI models that we offer to other customers.

18. Our Intellectual Property And Your Feedback

We own the Service and everything in it that is not your Content: the software, the decoding pipeline, the user interface, the documentation, the Heapwatch name and logo, and every improvement to them. You get the licence in clause 10 and nothing more.

If you send us feedback, ideas, or feature requests, you give us a perpetual, worldwide, royalty-free right to use them without any obligation to you, and without owing you payment or credit. We are not obliged to act on feedback, and you should not send us anything you want to keep confidential or patent.

19. Personal Data In Your Device Content

For your account, your billing records, and your use of the Website and the app, we are the data controller, and the Privacy Policy explains what we do.

For the Content your devices send, the position is different. If that Content contains personal data, you are the controller and we process it on your instructions as your processor. Our Data Processing Agreement sets out that relationship as Article 28 of the GDPR requires, and it forms part of this agreement from the moment you send us such Content. You do not need to sign anything separately, although we will sign a copy on request.

Send only what you need. Do not send special categories of personal data (health, biometrics, and the rest of Article 9), data about children, or data you are not allowed to transfer to a processor. If your device data touches personal data, say so in your own records, and tell your own data subjects, because we have no relationship with them.

20. Confidentiality

Each of us may learn things about the other that are not public: your firmware, your roadmap, your crash data on one side, our non-public technical and commercial information on the other. Neither of us will disclose the other's confidential information to anyone else, or use it for anything other than this agreement, without permission.

This does not cover information that is already public, that the receiving party already had or worked out independently, or that has to be disclosed by law or by a court. If we are forced to disclose something of yours, we will tell you first where we are legally allowed to. These duties last for three years after the agreement ends, and indefinitely for your Content.

We will not name you publicly as a customer, or use your logo, without your written permission.

21. The Free Trial

New Workspaces get ten days free, counted as ten times twenty-four hours from when the Workspace is created, with no payment card required.

The trial does not roll into a paid plan on its own and nothing is charged unless you go through checkout yourself. If you do not subscribe, the Workspace is locked when the trial ends: paid features, device ingest, and real-time data stop, and only sign-in and the billing pages stay reachable. Your data is then handled under clause 34.

One trial per person and per organisation. We may refuse or end a trial for someone creating new Workspaces to extend free use, and we may end a trial early if it is being used in breach of clause 15 or clause 16.

22. The Early Bird Offer

In the first five days after your Workspace is created, and while you are still on trial, we may offer you Early Bird. It appears in the app with a countdown when it is available to you. It is not offered on the entry tier.

Early Bird is not a discount on money. You pay the standard monthly price for your Plan, charged as six months up front, and in return you get a higher real-time device limit than that Plan normally carries. Everything else about the Plan is identical.

It is a recurring six-month subscription. It renews every six months at the same Early Bird price, and the higher device limit stays with you for as long as you keep that subscription running.

One Early Bird per person, ever. It is not transferable, it cannot be combined with other offers, and we may withdraw it for future signups at any time without affecting anyone who already has it. If your Early Bird subscription ends, for any reason, the offer is gone permanently: you cannot start it again. Moving to a monthly or yearly plan takes effect at the end of your current six-month period.

23. Prices, VAT, And What You Authorise

Prices are in euro and are the ones shown on the pricing page and at checkout. Prices quoted to Business Customers are exclusive of VAT. If you are a Consumer, the total price including VAT is shown to you before you confirm the order. VAT is charged according to Slovak law and the place-of-supply rules that apply to you.

If you are a business in another EU member state and give us a valid VAT identification number, the supply is treated as a reverse charge where the rules allow it, and you account for the VAT yourself. You are responsible for the validity of the number you give us and for your own VAT treatment. We may ask for evidence of your business status.

When you subscribe you authorise us and our payment provider Stripe to charge your payment method for the Plan and interval you picked, at the start of each period, until you cancel. Yearly plans are charged up front as one annual amount for the whole year. Early Bird is charged up front as one six-month amount, and again every six months.

We issue invoices electronically and keep them available in the billing area of the app. By subscribing you agree to electronic invoicing. Your service starts as soon as the payment goes through.

24. Failed Payments And Suspension

Fees are due when the invoice is issued and are collected automatically from your payment method.

If a payment fails, we retry it and email you. You keep full access during a grace period of three days from the failed payment. If payment still has not gone through when the grace period ends, the Workspace is locked: product access, device ingest, and real-time updates stop, and only sign-in and the billing pages stay reachable. Access comes back as soon as payment succeeds.

For Business Customers, late payment carries statutory default interest from the due date, and we may recover the reasonable costs of collecting the debt. For Consumers, the statutory rules on late payment apply instead.

Locking a Workspace is not termination. Your data stays where it is until the agreement actually ends, and clause 34 then applies.

25. Price Changes

We may change prices for future billing periods. We will tell you by email at least 30 days before the new price applies to you. A period you have already paid for never changes price retroactively.

If you do not accept the new price, cancel before it takes effect. Your subscription then runs to the end of the period you already paid for and simply does not renew. Staying subscribed past the effective date means you accept the new price. Your statutory rights as a Consumer are not affected by this clause.

26. Refunds And Cancellation

Refunds, cancellations, and how the money is calculated all live in one place: the Refund Policy, which forms part of these Terms. In short, the trial is free so there is nothing to refund, Consumers on Personal plans have the 14-day right in clause 43, Business plan fees are not refundable once paid, and anyone can cancel at any time and keep access to the end of the paid period.

27. Availability And Maintenance

We work hard to keep Heapwatch online and we monitor it, but these Terms contain no uptime commitment, no availability percentage, and no service credits. If you need a contractual service level, we have to agree one in writing and sign it.

We announce planned maintenance in advance where that is practical and try to keep it to quiet hours. Emergency maintenance, for example to close a security hole, may happen immediately and without notice.

Some things are outside our control and outside our responsibility: your network and internet provider, your MQTT and TLS configuration, your devices and their firmware, your power supply, and the events in clause 48.

28. Support

Support runs by email at support@heapwatch.com and through in-app live chat, in English, during Slovak business hours. We answer as fast as we reasonably can, but standard plans come with no guaranteed response or resolution time.

Support covers the Service. It does not cover writing, debugging, or fixing your firmware, and anything we suggest about your code is a suggestion you are free to ignore, not advice you can hold us to.

29. Early Access And Experimental Features

Anything we label beta, preview, early access, or experimental is exactly that. It is provided as is, it may be unstable, it may change shape, and it may be withdrawn without notice or ever shipping. It is excluded from every commitment in these Terms, and our liability for it is limited to the maximum extent the law allows. Do not put it in the middle of a process you cannot back out of.

30. Changes To The Service

We develop Heapwatch continuously, so features get added, changed, and sometimes removed, and the interface moves around. Routine improvement needs no notice.

If we remove or materially reduce a feature that your Plan is described as including, we will email you at least 30 days before it happens. If that change leaves the Service materially less useful to you, you may terminate the affected subscription by replying before the change takes effect, and we will refund the unused part of what you prepaid, calculated per day.

31. Term And Renewal

The agreement starts when you accept these Terms and runs for as long as you have a trial or a subscription. A subscription runs for the interval you chose, monthly or yearly, and renews automatically for the same interval at the then-current price until one of us ends it.

32. How You End It

Cancel in the billing area of the app, in the Stripe customer portal, or by emailing support@heapwatch.com. No retention gauntlet, no phone call, no notice period beyond the current period.

Cancelling stops the next renewal. You keep full access until the end of the period you already paid for, and we do not refund that period, with one exception: a Consumer exercising the withdrawal right in clause 43.

33. How We Can End It

We may suspend your access or terminate the agreement if:

• you are in material breach and have not fixed it within 14 days of our written notice;
• payment is still missing after the grace period in clause 24;
• you use Heapwatch for something in clause 15, or break clause 16;
• your activity is unlawful, or puts the platform, our other customers, or anyone's safety at risk;
• you abuse trials or refunds, as described in the Refund Policy;
• you become insolvent, enter liquidation, or stop trading.

Where the risk is immediate (a security incident, a legal order, something destabilising the platform) we may suspend first and explain promptly afterwards. We will always prefer a conversation to a suspension, and we will restore access as soon as the cause is gone.

We may also decide to stop offering the Service, or stop offering it to you, for ordinary business reasons. In that case we give at least 60 days' notice by email and refund the unused part of anything you prepaid, calculated per day.

34. What Happens When The Contract Ends

When the agreement ends, your right to use the Service ends with it: keys stop working, device ingest stops, and the real-time and crash views go away.

We keep your Workspace data for 30 days after the end date so you can export it or come back, unless you ask us to delete it sooner. After those 30 days we delete or anonymise it. Two exceptions: records we have to keep under Slovak tax and accounting law, and copies in routine backups, which age out on their normal cycle rather than being picked out individually.

You can delete a Workspace yourself at any time. That is immediate and cannot be undone, so export first.

Fees that were already due stay due. The clauses listed in clause 53 keep working after the end.

35. Switching Away And Exporting Your Data

You are never locked in, and we follow the cloud switching rules in Regulation (EU) 2023/2854 (the Data Act). Concretely:

• you can export your Workspace data and your Content in a structured, commonly used, machine-readable format, through the export features in the app or by asking us;
• you can start a switch by emailing support@heapwatch.com, and we will help you move to another provider or to your own infrastructure within what is technically reasonable;
• the transition period is up to 30 days from your request. If that is technically unworkable we will tell you in writing why, and how long we need;
• the notice period for you to end the contract for switching purposes is never longer than two months;
• we do not charge for the switch itself. Where we may currently pass on costs we actually incur for extended assistance, we will quote them first, and from 12 January 2027 we will not charge switching charges at all.

What you can export is your own data and Content, plus the information we hold about your Workspace. It does not include our software, our decoding pipeline, or our internal infrastructure configuration, which stay ours under clause 18.

36. What We Warrant

We warrant that we will provide the Service with reasonable care and skill, by people with appropriate expertise, and that it will work materially as described on the Website and in our documentation for the Plan you bought. We also warrant that we are entitled to provide it to you and that doing so does not infringe anyone else's intellectual property.

37. What We Do Not Warrant

Beyond clause 36, and without touching clause 38 or your statutory rights, we do not warrant that:

• the Service will be uninterrupted, timely, or free of errors;
• it will detect every crash, leak, fault, or memory problem in your firmware;
• a decoded stack trace will always be complete or correct, since that depends on the build artefacts you upload and the quality of the dump the device managed to save;
• a command, configuration change, file operation, or OTA update will reach a device or succeed on it;
• the Service will meet requirements you have not told us about, or fit a purpose beyond what our documentation describes.

Diagnostic output is information to help you make engineering decisions. The decisions, and responsibility for them, stay yours.

38. If The Service Is Not As Described

If we are not delivering what clause 36 promises, tell us at support@heapwatch.com with enough detail for us to reproduce it. We will fix it within a reasonable time and at no cost to you.

If we cannot fix it, or the same defect keeps coming back, you may ask for a proportionate reduction of the price for the affected period, or end the affected subscription and get back the unused prepaid part. Choose whichever fits the size of the problem.

If you are a Consumer, you also have the statutory rights that Slovak law gives you for digital content and digital services, which implement the EU rules on conformity. Those rights sit on top of this clause and are set out further in Part H. Nothing here replaces or shortens them.

39. Your Indemnity To Us

If you are a Business Customer, you will defend us and cover our losses, damages, fines, and reasonable legal costs arising from a third-party claim that comes out of your Content, your use of the Service in breach of these Terms, a use prohibited by clause 15, or a claim brought by your own customers, employees, or data subjects about your devices or the data on them.

We will tell you about the claim promptly, let you run the defence for anything that is only about money, and not settle it without your agreement. You will not settle in a way that admits fault on our part or binds us to do anything, without our agreement. This clause does not apply to Consumers.

40. Limitation Of Liability

This clause applies to Business Customers. For Consumers it applies only as far as Slovak consumer law allows, and clause 41 always wins.

Neither of us is liable to the other for indirect or consequential loss, and in particular not for lost profits, lost revenue, lost production, lost business or contracts, loss of goodwill, wasted expenditure, the cost of a replacement service, loss of or damage to devices or firmware, or loss or corruption of data beyond restoring it from the backups we normally keep.

Our total liability for everything arising out of or connected with this agreement, whether in contract, in tort, or otherwise, is capped at the total fees you actually paid us in the three months immediately before the event that gave rise to the claim. If the event happens in your first three months, the cap is what you had paid us by then. During a free trial no fees have been paid, so the cap is zero.

That is one single cap for all claims taken together, not a fresh cap per claim. A Business Customer must notify us of a claim within 12 months of discovering the facts behind it, otherwise the claim lapses. These limits reflect the price of the Service and the fact that you, not we, control your devices and your firmware.

41. What We Never Limit

Nothing in clause 37, clause 39, or clause 40 limits or excludes liability for:

• damage caused intentionally or by gross negligence;
• death, personal injury, or harm to health;
• fraud or fraudulent misrepresentation;
• anything that cannot be limited or excluded under Slovak or EU law;
• a Consumer's statutory rights, including rights about conformity of digital services, the right of withdrawal, and the right to compensation under consumer and product liability law.

If a court finds part of clause 37, 39, or 40 unenforceable for you, that part simply does not apply to you, and the rest keeps working as far as the law allows.

42. When This Part Applies

This Part applies if you are a Consumer, meaning a natural person buying outside any trade, business, or profession. That is the usual case for a Personal plan bought privately.

Business plans are sold to companies and traders. By subscribing to one you confirm you are buying for your business, so this Part and the consumer withdrawal right do not apply to you. The free trial exists precisely so your team can evaluate Heapwatch properly before any money moves.

Where anything else in these Terms conflicts with this Part, this Part wins for Consumers.

43. Your 14-Day Right To Withdraw

As a Consumer you have 14 days from the conclusion of the contract, which is your first successful payment, to withdraw from it without giving any reason and without penalty.

To withdraw, email support@heapwatch.com from the address on your account with "Withdrawal" in the subject, telling us your Workspace name and roughly when you subscribed. The model withdrawal form under Slovak Act 108/2024 works too, if you prefer the formal route. We will confirm receipt.

Because your service starts the moment checkout succeeds, you expressly ask us to begin performing during the withdrawal period, and you acknowledge that if you then withdraw you must pay for the proportion already supplied. So we keep the share of the period you actually used and refund the rest. On a Personal plan at €69 a month, withdrawing on day ten means we keep 10/30 and refund 20/30.

We refund through Stripe to the payment method you used, within 14 days of receiving your withdrawal notice. More detail and more worked examples are in the Refund Policy.

44. Complaints

If the Service is faulty or not what we described, make a complaint. Email support@heapwatch.com, or write to our registered address in clause 1, describing what is wrong and what you would like us to do about it.

We confirm receipt of your complaint straight away. We settle it no later than 30 days from the day you made it, and we tell you the outcome in writing, which includes email. If we have to reject the complaint, we explain why. Handling a complaint is free.

45. Alternative Dispute Resolution

If you are not happy with how we handled your complaint, you can ask for alternative dispute resolution instead of going straight to court. Start by telling us, and then, if we still disagree, apply to a competent ADR entity.

The general ADR entity for Slovakia is the Slovak Trade Inspection: Slovenská obchodná inšpekcia, ústredný inšpektorát, Odbor pre medzinárodné vzťahy a alternatívne riešenie spotrebiteľských sporov, Bajkalská 21/A, p. p. 29, 827 99 Bratislava 27, email ars@soi.sk, web soi.sk. The Ministry of Economy of the Slovak Republic keeps the full list of registered ADR entities, and you may choose any of them that is competent.

ADR is free or low cost for you. Using it does not take away your right to go to court instead, or afterwards.

46. Which Court, If You Are A Consumer

Slovak law governs this agreement, but as a Consumer resident in the EU you keep the protection of the mandatory consumer law of the country you live in. If that law gives you more than Slovak law does, it wins.

You may bring proceedings against us either in Slovakia or in the courts of the country where you live, and we may only bring proceedings against you in the courts of the country where you live. Clause 47 applies to you only with that limitation.

47. Governing Law And Courts

Slovak law governs these Terms, excluding its conflict-of-law rules and excluding the UN Convention on Contracts for the International Sale of Goods.

For Business Customers, the courts of the Slovak Republic have exclusive jurisdiction, with venue at the court competent for our registered seat where the procedural rules allow it. For Consumers, clause 46 applies instead.

Either way, we would much rather sort things out over email first, and we will always answer a serious complaint before it becomes a dispute.

48. Force Majeure

Neither of us is liable for failing to perform because of something beyond our reasonable control: natural disaster, fire, flood, war, civil unrest, terrorism, epidemic, strike, failure of power or telecommunications, a large-scale internet or upstream cloud outage, an act of a public authority, or a cyber attack that we could not have prevented with reasonable security measures.

We will tell you what is happening and work to restore the Service. An obligation to pay fees that were already due is not excused. If the event keeps the Service substantially unavailable for more than 30 days, either of us may terminate the affected subscription, and we refund the unused prepaid part.

49. Assignment And Subcontracting

You may not transfer this agreement without our written consent, except to whoever takes over your whole business, provided they are not a competitor of ours and you tell us in advance. We may transfer it to a group company, or in connection with a merger, reorganisation, or sale of the business, and we will tell you if that happens.

We use suppliers and processors to run Heapwatch. They are listed in the Privacy Policy and, for data protection purposes, in the Data Processing Agreement. We stay responsible to you for what they do on our instructions.

50. Third-Party Components And Trademarks

Heapwatch includes third-party and open-source software, each under its own licence. Where such a licence gives you rights that these Terms do not, that licence applies to that component.

The Heapwatch Connector for ESP-IDF is published separately under the Apache License 2.0. Your use of it inside your own firmware is governed by that licence, not by these Terms, and that licence contains its own disclaimer of warranties. Clause 14 still describes the risks of what the Connector lets you do, and clause 15 still applies to where you deploy it.

ESP32, ESP-IDF, and Espressif are trademarks of Espressif Systems. Other product names, logos, and brands belong to their respective owners. Using those names does not imply any endorsement of Heapwatch by them, or of them by us.

51. If Part Of This Fails, The Rest Stands

If a court finds any clause invalid or unenforceable, that clause is treated as changed to the minimum extent needed to make it work, or dropped if that is impossible. The rest of the agreement carries on unaffected.

52. No Waiver By Silence

If one of us does not enforce a right straight away, that is not a waiver of it. A waiver only counts if it is in writing, and only for the specific case it mentions.

53. What Survives

These clauses keep working after the agreement ends: 15 (prohibited uses), 17 and 18 (intellectual property), 19 (personal data) together with the Data Processing Agreement, 20 (confidentiality), 24 (fees already due), 34 (what happens at the end), 39 (indemnity), 40 and 41 (liability), 46 and 47 (law and courts), and this clause.

54. The Whole Agreement

These Terms and the documents listed in clause 2 are the whole agreement between us about the Service, and they replace anything said earlier, including in sales conversations, emails, or marketing material. That does not limit liability for anything said fraudulently.

Questions about any of this go to info@heapwatch.com, anything about your account to support@heapwatch.com, or use the contact page.

Viktor Jamrich Enterprises s.r.o., Dolná Poruba 10, 914 43 Dolná Poruba, Slovakia, EU