QuietWatcher

QuietWatcher Terms of Service

Last updated: May 5, 2026 Effective date: May 5, 2026

Introduction

These Terms of Service (these "Terms") are a binding legal agreement between Robles Industries LLC, a Texas limited liability company doing business as Div42 ("Div42," "we," "our," or "us"), and you, the individual or organization (the "Customer," "you," or "your") that creates an account or otherwise uses the Service.

QuietWatcher is the privacy-first monitoring product Div42 provides under these Terms — a tool that lets you watch the systems that matter to you.

By creating an account, clicking "I agree," or otherwise accessing or using the Service, you agree to these Terms and to our Privacy Policy at https://quietwatcher.com/legal/privacy_policy (the "Privacy Policy"), which is incorporated by reference. If you do not agree, do not use the Service.

ARBITRATION NOTICE. Except for the disputes described in Section 16.3, you and Div42 agree to resolve disputes by binding individual arbitration. You and Div42 are each waiving the right to a jury trial and the right to participate in any class action. You may opt out as described in Section 16.4.

1. The Service

1.1 What "Service" means

The "Service" is the QuietWatcher application and the related cloud, account, billing, support, alerting, and informational services we provide, in any form we make them available — including downloadable applications for mobile and desktop devices and any web-based interface — together with any updates, content, and documentation.

1.2 What the application does

The application performs the checks you configure against the websites, application programming interfaces ("APIs"), network endpoints, ports, and services you specify, presents the results to you, and notifies you when something you've asked to be notified about happens. The application is designed to run on the devices you install it on and can perform local checks without an internet connection to our servers; cloud-dependent features (such as cross-device sync and notifications delivered through email, text, or voice) require connectivity and an active paid plan, where applicable.

1.3 What the Service is and is not

We do not select your targets, evaluate whether you have permission to monitor them, decide whether the data you collect is sensitive, or interpret the meaning of your results. You are solely responsible for the targets you monitor and the consequences of monitoring them.

The Service is a monitoring and alerting tool. It is not a security product, an SLA tool, a regulatory-compliance product, an emergency-notification system, or a substitute for your own operational, security, or compliance program. We make no representation that the Service will detect every issue, deliver every alert, or remain available at any particular time.

1.4 Operation on your device

You authorize the application to perform the checks you configure on the schedule you set, including in the background and while you are not actively using the application. The application will use your device's network connection and may use battery, storage, and other system resources. You are responsible for managing the monitors you create — keeping them current, adjusting their schedules, and stopping monitors you no longer need.

1.5 Modification of the Service

We may modify, add to, or discontinue any part of the Service at any time. We will use commercially reasonable efforts to give paid subscribers reasonable advance notice of material adverse changes affecting their plan. If we discontinue a paid feature you have already paid for, we will offer a pro-rated refund for the unused period or a comparable replacement.

2. Eligibility

You must be at least 18 years old to use the Service. By accepting these Terms, you represent and warrant that (a) you are at least 18, (b) you have not previously been suspended or banned from the Service, and (c) your use of the Service complies with all laws and regulations applicable to you. If you are accepting these Terms on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to both you personally and that organization.

3. Accounts

To use the Service, you must register for an account and provide an email address and any other information we reasonably request. You agree that the information you provide is accurate and that you will keep it current. You are responsible for maintaining the confidentiality of your account credentials and for everything that happens under your account. Notify us at https://quietwatcher.com/contact_us immediately if you suspect your account has been compromised.

Some plans let you authorize additional individuals ("Team Members") to access your QuietWatcher data. The account holder is responsible for all Team Member activity and for ensuring each Team Member is authorized to access the systems and data the account interacts with.

4. Subscriptions, Fees, and Billing

4.1 Plans

QuietWatcher is offered in one or more plans, including a free plan and paid plans. Plan features, limits, and prices are described at https://quietwatcher.com/pricing. We may change plans, features, and prices on prospective notice; existing paid subscriptions continue at the price you accepted until the end of the then-current billing period.

4.2 Billing

Paid plans are billed in advance on a recurring basis through our payment processor. By subscribing, you authorize us (and our payment processor on our behalf) to charge your payment method for the recurring fee plus any applicable taxes until you cancel. You are responsible for keeping your payment method current. Failed payments may result in suspension of paid features after a reasonable cure period.

4.3 Refunds

Except where required by law, fees are non-refundable. We may, in our sole discretion, issue pro-rated refunds for service interruptions or for billing errors that we confirm.

4.4 Taxes

Stated fees do not include taxes. You are responsible for all sales, use, value-added, and similar taxes on your subscription, except for taxes based on our net income.

4.5 Cancellation

You may cancel a paid plan at any time from within the Service. Cancellation takes effect at the end of the then-current billing period; you will retain paid features until that date.

5. License to Use the Service

5.1 License grant

Subject to your continuing compliance with these Terms, Div42 grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal purposes, in accordance with your plan.

5.2 Restrictions

Except to the extent expressly permitted by applicable law, you will not, and will not permit anyone to: (a) copy, distribute, sublicense, rent, lease, or sell the Service; (b) modify, translate, or create derivative works of the Service; (c) reverse engineer, decompile, or disassemble the Service; (d) remove or obscure proprietary notices; (e) probe, scan, or test the vulnerability of the Service, or attempt to bypass any security or rate-limit mechanism; (f) use the Service to develop a competing product; or (g) interfere with or disrupt the Service.

5.3 Feedback

If you send us suggestions, ideas, or other feedback ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use that Feedback for any purpose without compensation or attribution to you.

6. Acceptable Use — Monitoring Targets

The targets you monitor are entirely your choice, and you assume full responsibility for them. By using the Service, you represent and warrant that:

  1. You have the right to monitor every target you configure. You either own the target system, have a written or contractual right to monitor it, or are otherwise authorized by the target's owner to perform the checks you configure.
  2. You will respect rate limits, terms of service, and applicable laws. Many targets — including third-party APIs and websites — have terms that limit automated access. You are responsible for complying with them.
  3. You will not use the Service to attack, overwhelm, or harm any system. Volumetric, denial-of-service, brute-force, credential-stuffing, or vulnerability-exploitation activity is strictly prohibited, even if framed as monitoring.
  4. You will not use the Service to surveil people. The Service is for monitoring systems, not for surveilling individuals. Do not configure monitors that target a person's device, communications, or location, or that capture personal data the target's owner has not authorized you to collect.
  5. You will not configure monitors against unlawful targets or in jurisdictions or sectors where you lack the legal right to operate.
  6. You will keep credentials secure. If a monitor uses authentication, you are responsible for the security of those credentials.

We may suspend or terminate any account or monitor we reasonably believe violates this Section 6, with or without notice.

7. Prohibited Conduct

In addition to Section 6, you agree not to: (a) use the Service for any illegal purpose; (b) transmit malware, viruses, or other harmful code through the Service; (c) interfere with the operation of the Service or any user's enjoyment of it; (d) impersonate any person or entity or misrepresent your affiliation; (e) attempt to gain unauthorized access to the Service, our systems, or other users' data; (f) use the Service to send unsolicited communications; (g) use the Service in violation of export-control or sanctions laws; or (h) assist or permit any person to engage in any of the foregoing.

8. Customer Content

8.1 Your data is yours

The configurations, notes, alert preferences, and check results you create or generate using the Service ("Customer Content") remain your property. We do not claim ownership of Customer Content.

8.2 Limited license to operate the Service

You grant us a worldwide, non-exclusive, royalty-free license to host, store, transmit, process, and display Customer Content solely as needed to provide the Service to you and the Team Members you authorize, to enforce these Terms, to comply with law, and to maintain and improve the Service. This license terminates when you delete the relevant Customer Content or close your account, except for limited copies retained as described in the Privacy Policy.

8.3 You are responsible for your data

You are responsible for the accuracy, legality, and appropriateness of Customer Content. You are also responsible for retaining your own backups; while we provide export tools and use commercially reasonable measures to preserve data we hold, we are not your system of record.

9. Ownership and Proprietary Rights

The Service — including all software, interfaces, designs, branding, documentation, and content other than Customer Content — is owned by Div42 or its licensors and is protected by intellectual-property laws. We reserve all rights not expressly granted to you in these Terms.

10. Third-Party Services and Targets

The Service relies on third-party providers for some functionality. Your interactions with those providers may be governed by their own terms.

In addition, when you configure a monitor against a third-party website, service, or endpoint, your interaction with that target is between you and the target's operator — not us. We are not responsible for the availability, content, accuracy, terms, or behavior of any target.

11. Mobile App Stores

If you obtain the Service from a mobile or desktop app store, your use is also subject to the platform's terms. The platform operators are not parties to these Terms and have no obligations regarding the Service. Where a platform's terms conflict with these Terms, the platform's terms control as to that platform.

11.1 Apple-specific notice

If you use the Service on an Apple device: (a) these Terms are between you and Div42 only, not Apple; (b) Apple has no obligation to provide maintenance or support for the Service; (c) to the maximum extent permitted by law, Apple has no warranty obligation with respect to the Service; (d) Apple is not responsible for any product-liability, regulatory, or intellectual-property claims relating to the Service; (e) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you; and (f) you represent that you are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and you are not on any U.S. Government list of prohibited or restricted parties.

12. Term and Termination

12.1 Term

These Terms apply from the time you first create an account or use the Service and continue until terminated.

12.2 Termination by you

You may stop using the Service at any time. To close your account, follow the cancellation flow in the Service or contact https://quietwatcher.com/contact_us.

12.3 Termination by us

We may suspend or terminate your access to the Service or your account at any time if (a) you materially breach these Terms, (b) we are required to do so by law, or (c) we discontinue the Service or a feature you rely on. Where reasonable, we will provide notice and an opportunity to cure.

12.4 Effect of termination

Upon termination, your license to use the Service ends and you must stop using it. Sections 5.2, 5.3, 8.3, 9, 10, 12.4, 13, 14, 15, and 16 survive termination. We will delete or de-identify data we hold for you on the schedule described in the Privacy Policy.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIV42 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS; THAT ALERTS WILL BE DELIVERED, DELIVERED ON TIME, OR DELIVERED ONLY WHEN INTENDED; THAT CHECK RESULTS WILL BE ACCURATE OR COMPLETE; OR THAT ANY DEFECT WILL BE CORRECTED. YOU SHOULD NOT RELY SOLELY ON THE SERVICE FOR ANY SAFETY-CRITICAL OR LIFE-CRITICAL FUNCTION.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIV42 AND ITS OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY; OR FOR ANY DAMAGES RESULTING FROM A FAILED OR DELAYED ALERT, A MISSED CHECK, AN INACCURATE RESULT, OR A SERVICE INTERRUPTION.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (a) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (b) US$100.

THESE LIMITATIONS APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STATUTE, OR OTHERWISE). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. Indemnification

You agree to defend, indemnify, and hold harmless Div42 and its officers, employees, contractors, and agents from any claim, demand, loss, liability, or expense (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service, including any monitor you configure; (b) your breach of these Terms or any law; (c) your violation of any third party's rights, including the rights of any target system's operator; or (d) Customer Content.

16. Dispute Resolution and Individual Arbitration

16.1 Informal resolution first

Before filing any claim, you agree to first contact us at https://quietwatcher.com/contact_us and give us 30 days to resolve the dispute informally.

16.2 Binding individual arbitration

Except as set out in Section 16.3, you and Div42 agree to resolve all disputes arising out of or related to these Terms or the Service through final and binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in Bexar County, Texas, or by videoconference at the parties' agreement. The arbitrator may not consolidate claims or preside over any class or representative proceeding. A judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

16.3 Exceptions

Either party may (a) bring qualifying claims in small-claims court; (b) seek injunctive relief in court for misuse of the Service or infringement of intellectual property; or (c) pursue an enforcement action with a government agency where available.

16.4 Opt-out

You may opt out of Section 16.2 by sending a written opt-out notice to Robles Industries LLC d/b/a Div42, Attn: Legal — Arbitration Opt-Out, 2186 Jackson Keller Rd., Suite 513, San Antonio, TX 78213, within 30 days of first accepting these Terms. The notice must include your name, the email associated with your account, and a clear statement that you opt out of arbitration. Opting out will not affect any other provision of these Terms.

16.5 No class actions

YOU AND DIV42 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

17. Miscellaneous

17.1 Governing law and venue

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. For any dispute not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Bexar County, Texas.

17.2 Modifications

We may update these Terms from time to time. If a change is material, we will give at least 30 days' notice (by email to account holders, in-app notice, or a prominent notice on our website). Continued use after the effective date constitutes acceptance. If you do not accept a material change, your remedy is to stop using the Service.

17.3 Electronic communications

You consent to receive notices and other communications from us electronically — by email, in-app message, push notification, or posting on our website. Electronic communications satisfy any legal requirement that a communication be in writing.

17.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all of our assets, with notice to you.

17.5 Severability and waiver

If any provision of these Terms is held unenforceable, the remaining provisions will remain in effect, and the unenforceable provision will be interpreted to the maximum extent enforceable. Our failure to enforce a provision is not a waiver of that provision.

17.6 Entire agreement

These Terms, together with the Privacy Policy and any plan-specific terms we link to from the Service, are the entire agreement between you and Div42 regarding the Service and supersede any prior agreements.

17.7 No support beyond what we publish

Except as expressly stated in a paid subscription's terms, all support is provided at our discretion in accordance with our published policies.

17.8 International use

The Service is operated from the United States. We make no representation that it is appropriate or available for use outside the United States. If you access the Service from outside the U.S., you do so at your own risk and are responsible for compliance with local laws.

17.9 Force majeure

Neither party is liable for any delay or failure caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, government action, internet or utility outages, third-party provider failures, or pandemics.

17.10 Contact

Robles Industries LLC d/b/a Div42 2186 Jackson Keller Rd., Suite 513 San Antonio, TX 78213 Contact form: https://quietwatcher.com/contact_us

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