Effective date: April 15, 2026
Process Foundry d.b.a Overwatch — Terms of Service
These Terms of Service (“Terms”) govern access to and use of the websites, applications, APIs, and related services offered by Process Foundry d.b.a Overwatch (“Overwatch,” “we,” “us,” or “our”) at or through https://overwatchapp.dev and associated domains (collectively, the “Service”). By creating an account, clicking to accept, paying for a subscription, or otherwise using the Service, you agree to these Terms on behalf of yourself and any entity you represent (“you” or “Customer”). If you do not agree, do not use the Service.
The Service may be offered in preview, beta, or early-access form. Features, limits, and availability may change or be discontinued with or without notice. Separate written order forms or enterprise agreements, if any, supplement (and, where expressly stated, control over) these Terms only for the parties and scope they describe.
Our Privacy Policy describes how we collect and use personal information. Capitalized terms used in these Terms have the meanings given in the Definitions section below unless otherwise clear from context.
1.1 Access and use
Subject to these Terms and your payment of applicable Fees (if any), we grant you a non-exclusive, non-transferable, revocable right during your Subscription Period to access and use the Service for your internal business purposes, and to use any client software or documentation we make available solely as needed for that use. You may not resell, lease, or sublicense the Service except as we expressly permit in writing.
1.2 Support
Unless a separate agreement or your plan documentation says otherwise, technical support is provided on a commercially reasonable, best-effort basis through channels we designate.
1.3 User accounts
You are responsible for all activity under your accounts and for your Users' compliance with these Terms. You and your Users must safeguard credentials. You will notify us promptly at hello@processfoundry.io if you know or suspect compromise or unauthorized use.
1.4 Feedback and usage data
You may provide suggestions or feedback about the Service (“Feedback”). Unless we agree otherwise in writing, you grant us a perpetual, irrevocable, royalty-free license to use Feedback for any purpose without restriction or attribution. We may collect and use Usage Data to operate, secure, improve, and analyze the Service. We may share Usage Data with others only in aggregated or de-identified form that does not identify you or your Users, except as required by law or described in our Privacy Policy.
1.5 Customer content
“Customer Content” means data, configuration, endpoints, alert destinations, and other materials you or your Users submit to the Service (excluding Feedback). You retain ownership of Customer Content. You grant us a worldwide license to host, copy, process, display, and use Customer Content only as reasonably necessary to provide, secure, and improve the Service and as described in our Privacy Policy. You represent that you have all rights necessary to submit Customer Content and to grant this license. You are solely responsible for the accuracy and legality of Customer Content.
1.6 Machine learning
Unless we notify you separately in product documentation or a written agreement, we do not use Customer Content or Usage Data to train generalized artificial intelligence or machine learning models for unrelated products. Product features labeled beta or experimental may behave unpredictably and are not a substitute for human judgment or monitoring of high-risk systems.
Except as expressly allowed, you will not (and will not permit others to): reverse engineer the Service except where applicable law forbids this restriction; probe or stress-test our systems without written permission; remove proprietary notices; copy or create derivative works of our software except as integrated in normal use; use the Service to build a competing offering; use the Service for unlawful, fraudulent, or abusive purposes; access data or accounts without authorization; interfere with the Service or other customers; use the Service with High Risk Activities; or submit Customer Content you lack rights to use. You will comply with our Documentation and any use limits that apply to your plan.
We may suspend access if you materially breach these Terms, if payment is more than thirty (30) days overdue (where undisputed), or if your use endangers the Service or others. Where practicable, we will give notice before suspension. We may reinstate access after the underlying issue is resolved.
Processing of personal data is described in our Privacy Policy. Where GDPR or similar laws apply and we process personal data on your instructions as a processor, the parties will rely on our Data Processing Agreement when executed; until then, do not submit regulated personal data categories to the Service except as we expressly allow in writing.
You will not submit Prohibited Data to the Service unless we authorize that in writing or your plan explicitly permits it.
Fees, billing cycles, and payment methods are presented at checkout or in your account. Unless stated otherwise, Fees are in U.S. dollars and exclude taxes. Fees are non-refundable except where required by law or as we expressly state in writing. You authorize us and our payment processors to charge your payment method. You are responsible for applicable taxes other than our income taxes. If you dispute Fees in good faith, you must notify us before the due date (or within thirty (30) days of an automatic charge) and pay undisputed amounts on time while we work in good faith to resolve the dispute.
These Terms start when you first use the Service and continue while you use the Service or have an active subscription. Paid subscriptions renew according to the plan you select until canceled. Either party may terminate these Terms on notice if the other party fails to cure a material breach within thirty (30) days of written notice. We may also suspend or terminate immediately where required by law, for repeated breach, or for non-payment in accordance with Section 2. Upon termination, your right to use the Service ends. We may delete Customer Content after a reasonable retention period consistent with our Privacy Policy and backups. Provisions that by their nature should survive will survive, including Sections 1.4, 2, 4 (for accrued Fees), 7, 8, 9, 10, 11, and 12.
Each party represents that it has authority to enter into these Terms. You represent that you and your Users have the rights needed for Customer Content. Except as expressly stated in these Terms, the Service is provided on an “AS IS” and “AS AVAILABLE” basis without uptime or error-free guarantees. Preview and beta features may be withdrawn at any time.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED, OR FREE OF ERRORS OR HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS; IN THOSE CASES OUR DISCLAIMERS APPLY ONLY TO THE EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE—WHETHER IN CONTRACT, TORT, OR OTHERWISE—IS CAPPED AT ONE HUNDRED U.S. DOLLARS (USD $100) IN THE AGGREGATE. That cap is a fixed amount: it does not increase with your subscription tier, the length of your use, or the Fees you have paid us. It applies per customer entity, not per User. Nothing in this Section limits (i) amounts you owe us for Fees or taxes, (ii) your indemnification obligations in Section 9, or (iii) liability that cannot be limited under applicable law. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE AND CANCEL YOUR SUBSCRIPTION.
You will defend, indemnify, and hold harmless Overwatch and its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from Customer Content, your use of the Service in breach of these Terms, or your violation of law. We will promptly notify you of any claim for which we seek indemnity and cooperate reasonably at your expense. You may not settle any claim in a way that imposes obligation or admission on us without our prior written consent.
Our indemnity obligations, if any, are limited to the scope and amounts described in a separate written agreement, or otherwise to direct damages subject to Section 8.
Each party may receive non-public information from the other (“Confidential Information”). The receiving party will use at least reasonable care to protect Confidential Information and use it only for these Terms. Confidential Information excludes information that is public without breach, was already known, is independently developed, or is rightfully received from a third party. Disclosure may be made to professional advisors bound by confidentiality and as required by law (with notice where permitted).
We retain all rights, title, and interest in the Service, software, branding, and Documentation. Except for the limited rights granted here, no rights are granted by implication or estoppel. Open-source components, if any, are used under their applicable licenses.
Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service and supersede prior oral or written understandings on that subject. If you purchase through a reseller, your agreement with the reseller may govern fees and billing; these Terms still govern use of the Service between you and us.
Changes. We may modify these Terms by posting an updated version on the Service or by other reasonable notice. If a change is material, we will provide reasonable advance notice where required by law. Continued use after the effective date constitutes acceptance. If you do not agree, stop using the Service before the change takes effect.
Governing law and venue. These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law rules. Except for claims for injunctive relief for misuse of Confidential Information or intellectual property, the state and federal courts located in Delaware will have exclusive jurisdiction, and each party consents to personal jurisdiction there.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets related to the Service.
Force majeure. Neither party is liable for delay or failure due to events beyond reasonable control, except payment obligations are not excused by this section.
Export and sanctions. You will comply with export control and sanctions laws. You represent that you are not prohibited from using the Service under applicable sanctions or export rules.
Independent contractors. The parties are independent contractors.
Notices. Notices to us must be sent to hello@processfoundry.io. We may send notices to the email associated with your account.
Severability; waiver. If a provision is unenforceable, the remainder remains in effect. Failure to enforce a provision is not a waiver.
Last updated: April 15, 2026