Terms and Conditions
Effective date: June 4, 2026
Website: www.outagen.com
Article I. General provisions
1. The website www.outagen.com and the Outagen web application are operated by Konrad Caban, conducting business under the name SITEIMPULSE Konrad Caban, with business address at ul. Niedźwiedzia 29B, 02-737 Warsaw, Poland, postal address at ul. Rymanowska 3, 02-916 Warsaw, Poland, entered in the Central Register and Information on Business Activity of the Republic of Poland, VAT ID: PL5212118341, REGON: 012887347, e-mail: office AT siteimpulse DOT com, telephone: +48 22 266 24 06.
2. These Terms and Conditions define the rules for the use of the Outagen website and web application, including the provision of electronic services by the Service Provider.
3. The Website, the Panel and the Service are addressed exclusively to businesses and professional users. The Service is not intended for consumers. By creating an Account or using the Service, the User confirms that they are acting on behalf of or in connection with a business entity or professional activity.
4. The Service is provided electronically within the meaning of applicable Polish law.
5. The Service is intended to verify whether external website or web application monitoring tools properly detect and report simulated incidents generated by Outagen.
6. Outagen is not a website monitoring service intended to monitor the actual availability, performance, security or business continuity of the Client’s production websites or applications. Outagen is a testing and verification tool for monitoring systems configured by the Client.
7. By registering an Account, creating a Monitor, using the Panel or otherwise using the Service, the Client accepts these Terms and Conditions in full.
8. The Service Provider may amend these Terms and Conditions. The Client will be informed of any material changes by e-mail or through the Panel. Unless otherwise stated, amendments become effective on the date indicated in the notice.
9. The provisions of Article 66¹ § 1-3 of the Polish Civil Code shall not apply to contracts concluded between the Service Provider and the Client.
Article II. Definitions
For the purposes of these Terms and Conditions, the following terms shall have the meanings set out below:
1. Service Provider — Konrad Caban conducting business under the name SITEIMPULSE Konrad Caban, as described in Article I.1.
2. Website — the website available at www.outagen.com and any related pages operated by the Service Provider.
3. Outagen — the web application operated by the Service Provider for simulating website or web application incidents and verifying whether such incidents are detected by external monitoring tools.
4. Service — the electronic service provided through Outagen, consisting in particular of creating and managing Monitors, generating Pages, simulating Incidents, receiving Reactions, recording detection status and sending Alerts.
5. Client — a business entity or professional user using the Service, including a legal person, an organizational unit without legal personality, a natural person conducting business activity, or another entity acting for business or professional purposes.
6. User — a natural person using the Website, the Panel or the Service on behalf of or in connection with the Client.
7. Account — an individual account created in Outagen that enables access to the Panel.
8. Panel — the web-based administrative interface available after logging in, used to configure, manage and review the Service.
9. Monitoring Tool — an external monitoring, alerting or observability system used by the Client, whose correct operation the Client intends to verify using Outagen.
10. Monitor — a configuration created by the Client in Outagen for the purpose of generating and verifying a simulated Incident.
11. Page — a website or endpoint generated by Outagen for a Monitor and intended to be monitored by the Client’s Monitoring Tool.
12. Incident — a simulated outage, error, content problem, SSL certificate problem, performance issue or other abnormal condition generated by Outagen on a Page.
13. Reaction — an expected notification from the Client’s Monitoring Tool to Outagen, sent by e-mail, webhook or another method made available by the Service Provider, confirming that the Monitoring Tool detected the Incident.
14. Alert — a notification sent by Outagen to the Client when an Incident has not been detected by the Client’s Monitoring Tool within the configured time.
15. BETA Phase — the period during which Outagen is made available for testing, evaluation and early use before or during the commercial development of the Service.
16. Paid Plan — a paid subscription, package or billing model that may be introduced by the Service Provider after or during the BETA Phase.
17. Billing Period — one month or one calendar year, unless otherwise stated on the Website, in the Panel or in the applicable price list.
18. Fee — the remuneration paid by the Client for the use of a Paid Plan during the selected Billing Period.
19. Terms and Conditions — this document.
Article III. Technical requirements
1. To use the Website, Panel and Service, the Client or User must have:
a) Internet access;
b) a standard operating system;
c) a modern web browser;
d) an active e-mail address;
e) access to an external Monitoring Tool, if the Client wishes to verify incident detection.
2. The correct use of the Service requires the Client to configure their Monitoring Tool in accordance with the information generated in the Panel, including the generated Page URL, generated e-mail address or webhook URL, and expected reaction time.
3. The Service Provider is not responsible for the operation, configuration, availability, pricing, technical limitations or policies of any third-party Monitoring Tool used by the Client.
Article IV. Scope and purpose of the Service
1. Outagen enables the Client to create Monitors that generate simulated incidents or abnormal conditions on Pages generated by Outagen.
2. The types of simulated incidents, configuration options, reaction methods, alerting methods, reports and other features available in the Service are described on the Website, in the Panel or in the documentation and may change over time.
3. Outagen verifies whether the Client’s Monitoring Tool has detected a simulated Incident by checking whether a Reaction has been received by Outagen through the method configured by the Client.
4. If no Reaction is received within the configured time, Outagen may record the Incident as undetected and send an Alert to the Client through the configured alerting method.
5. The Client acknowledges that Outagen verifies only whether a Reaction was received by Outagen. Outagen does not guarantee that the Client’s Monitoring Tool correctly classified, escalated, displayed or otherwise processed the Incident outside the Reaction received by Outagen.
6. The Service Provider may add, modify, limit or remove features of the Service, including incident types, configuration options, reaction methods, alerting methods, reports, limits and data retention rules.
7. The Service is intended to support the Client in testing and validating their monitoring and alerting processes. It does not replace independent monitoring, logging, security, backup, disaster recovery or business continuity systems.
Article V. BETA Phase
1. During the BETA Phase, the Service may be provided free of charge until further notice.
2. The purpose of the BETA Phase is to test, evaluate, improve and validate the Service before or during its commercial development.
3. During the BETA Phase, the Service may be incomplete, unstable, interrupted, modified, limited or discontinued, and may contain errors.
4. The Service Provider may impose technical, functional or usage limits during the BETA Phase, including limits on Accounts, Monitors, generated Incidents, Reactions, Alerts, data retention periods or available features.
5. The Service Provider may end, suspend or modify the BETA Phase at any time.
6. The Service Provider may introduce Paid Plans after or during the BETA Phase. The introduction of Paid Plans will not automatically convert any free BETA Account into a paid subscription and will not automatically create any payment obligation for the Client.
7. Before any paid use becomes possible, the Client will be informed about the applicable commercial terms, including pricing, billing periods, payment rules and available plans.
8. If the Client does not accept the commercial terms introduced after or during the BETA Phase, the Client may stop using the Service.
9. Data, configuration, Monitors, history or other content created during the BETA Phase may be retained, migrated, limited, archived or deleted, depending on the technical and commercial model introduced by the Service Provider. Where reasonably possible, the Service Provider will inform Clients of material changes affecting their Accounts.
Article VI. Account registration and use of the Panel
1. In order to use the Service, the Client or User must create an Account by completing the registration form or using another registration method made available by the Service Provider.
2. During registration or Account configuration, the Client or User is required to provide the data indicated in the registration form or in the Panel, in particular contact, login and business identification data necessary to provide the Service, manage the Account and, where applicable, issue invoices.
3. The Client is obliged to provide true, accurate and up-to-date data and to update such data when necessary.
4. The Client is responsible for all actions performed through their Account, including actions performed by Users acting on behalf of the Client.
5. The Client is obliged to protect login credentials against unauthorized access and must not disclose passwords to unauthorized persons.
6. The Client must promptly notify the Service Provider of any suspected unauthorized access to the Account.
7. The Service Provider may refuse registration, suspend an Account or block access to the Panel if the Client provides false data, breaches these Terms and Conditions, uses the Service contrary to its purpose or creates a risk to the Service Provider, other users, third parties or the Service infrastructure.
Article VII. Client’s rights and obligations
1. The Client has the right to use the Service in accordance with these Terms and Conditions, the documentation, the technical configuration available in the Panel and the intended purpose of the Service.
2. The Client is responsible for properly configuring Monitors and their external Monitoring Tool.
3. The Client must use the Service in accordance with applicable law, good practice, rights of third parties, personal data protection rules and the intended purpose of the Service.
4. The Client must not provide, transmit, configure or use any unlawful content through the Service.
5. The Client must not use the Service:
a) to attack, overload, disrupt, scan, probe or interfere with third-party systems;
b) to send spam or unsolicited communications;
c) to process unlawful, harmful, abusive, defamatory or infringing content;
d) to impersonate another person or entity;
e) to attempt unauthorized access to the Service or other systems;
f) to reverse engineer, copy, resell, sublicense or otherwise commercially exploit the Service beyond its intended use;
g) to generate excessive load or traffic inconsistent with normal use;
h) in any manner that may expose the Service Provider to legal liability, reputational harm or technical risk.
6. The Client must not configure the Service in a manner that intentionally causes Outagen to send Reactions, Alerts or webhook requests to systems or addresses that the Client is not authorized to use.
7. The Client is responsible for the content and correctness of e-mail addresses, webhook URLs, Monitor names, configured content strings, selectors and other data entered into the Panel.
8. The Client acknowledges that Reaction and Alert delivery may depend on third-party systems, including e-mail providers, spam filters, webhook endpoints, network providers and the Client’s own infrastructure.
9. If the Client publishes, presents or shares data obtained through Outagen, the Client should not misrepresent such data and should indicate that the data relates to simulated incidents generated by Outagen.
10. The Client may stop using the Service at any time, subject to the payment and termination rules applicable to any Paid Plan ordered by the Client.
Article VIII. Service Provider’s rights and obligations
1. The Service Provider undertakes to provide the Service with due care, subject to the limitations set out in these Terms and Conditions, in particular those applicable during the BETA Phase.
2. The Service Provider may perform maintenance, updates, security changes, infrastructure changes and other technical operations affecting the Website, Panel or Service.
3. The Service Provider may temporarily suspend or limit access to the Service in order to ensure security, stability, maintenance, development or compliance with law.
4. The Service Provider may block or remove Monitors, Pages, Accounts or configurations that:
a) breach these Terms and Conditions;
b) are unlawful or potentially harmful;
c) generate excessive load;
d) interfere with the Service or other users;
e) are inconsistent with the intended purpose of the Service;
f) may expose the Service Provider to legal, technical or reputational risk.
5. The Service Provider is not responsible for:
a) incorrect configuration of Monitors by the Client;
b) incorrect configuration or malfunction of the Client’s Monitoring Tool;
c) failure of the Client’s Monitoring Tool to send a Reaction;
d) failure of third-party e-mail or webhook infrastructure;
e) spam filtering, e-mail rejection or webhook endpoint errors;
f) network interruptions or DNS issues outside the Service Provider’s reasonable control;
g) consequences of the Client’s disclosure of login credentials;
h) use of the Service contrary to its intended purpose.
6. The Service Provider may provide links to external websites or services. The Service Provider is not responsible for the operation, content, rules or privacy practices of such external websites or services.
7. The Service Provider may contact the Client by e-mail or through the Panel regarding the Service, Account, technical issues, legal notices, BETA Phase changes, Paid Plans or other matters related to the Service.
8. The Service Provider has the right to change the prices, scope, limits or features of Paid Plans. Such changes do not affect Paid Plans already paid for until the end of the current Billing Period, unless mandatory provisions of law provide otherwise.
Article IX. Paid Plans, billing and payment
1. After or during the BETA Phase, the Service Provider may introduce Paid Plans for the Service.
2. Paid Plans may be offered for monthly or annual Billing Periods, unless otherwise stated on the Website, in the Panel or in the applicable price list.
3. The scope, limits and price of each Paid Plan shall be determined in accordance with the price list valid on the day of ordering or renewing the Paid Plan. The current price list will be available on the Website or in the Panel.
4. The Client may order a Paid Plan by selecting the relevant plan and Billing Period in the Panel or by using another ordering method made available by the Service Provider.
5. Use of a Paid Plan requires payment in advance for the selected Billing Period, unless the Service Provider expressly provides otherwise.
6. The Client will not be charged any fees unless the Client expressly selects, orders or accepts a Paid Plan or another paid service.
7. The introduction of Paid Plans will not automatically convert any free BETA Account into a paid subscription and will not automatically create any payment obligation for the Client.
8. If the Client does not order or renew a Paid Plan after the end of the BETA Phase or after the expiry of the applicable Billing Period, the Service Provider may block, limit or suspend access to the Service, Account, Monitors or selected features.
9. If the Client renews or orders a Paid Plan after such blocking, limitation or suspension, access to the Service may be restored in accordance with the selected Paid Plan and the technical capabilities of the Service.
10. The Service Provider may change the prices, scope, limits or features of Paid Plans. Changes do not affect Paid Plans already paid for until the end of the current Billing Period, unless mandatory provisions of law provide otherwise.
11. Available payment methods may include payment cards, PayPal wallet and other payment methods made available by the Service Provider.
12. Online payments may be processed by external payment operators, including Paynow, Stripe and PayPal, or by other payment operators made available by the Service Provider.
13. All prices are expressed in the currency specified on the Website, in the Panel or in the price list and are exclusive of VAT, unless stated otherwise. VAT is charged in accordance with applicable laws.
14. The Client is responsible for providing true, accurate and complete billing data, including business identification and tax-related data required to issue an invoice.
15. The Service Provider shall issue invoices in electronic form and deliver them to the Client by electronic means, including by e-mail or through the Panel, within 7 days.
16. The Client may cancel or stop using the Service at any time, but such cancellation does not entitle the Client to a refund of any part of the Fee for the unused remaining Billing Period, unless required by applicable law or expressly stated otherwise by the Service Provider.
17. No refunds are provided except where required by applicable law or expressly granted by the Service Provider.
18. If a refund is required by applicable law or granted by the Service Provider, it shall be made using the same payment method that was used by the Client, unless another method is required or agreed.
Article X. Data, confidentiality and data protection
1. The Service Provider is the controller of personal data processed in connection with the use of the Website, Panel and Service, unless otherwise stated in a separate agreement or privacy notice.
2. Details concerning the processing of personal data, cookies and similar technologies are set out in the Privacy Policy.
3. The Client acknowledges that the Service may process data such as Account data, business contact data, Monitor configuration, generated Page URLs, generated e-mail addresses, webhook URLs, Incident history, Reaction data, Alert data, technical logs, IP addresses and other technical information necessary to provide and secure the Service.
4. The Client is responsible for ensuring that any personal data entered into the Service, including e-mail addresses, webhook URLs, Monitor names or content configured in Monitors, is provided lawfully.
5. The Client should avoid entering unnecessary personal data into Monitor names, configured content, selectors, webhook URLs or other fields not intended for personal data.
6. Data generated or collected in the course of providing the Service may be used by the Service Provider to operate, secure, analyze, maintain and improve the Service, provided that any aggregated or statistical analysis presented externally will not identify the Client unless the Client has consented or such identification is otherwise lawful.
7. The Service Provider shall not disclose the Client’s confidential configuration or Service data to third parties, except where necessary to provide the Service, where required by law, where permitted under the Privacy Policy, or where the Client has consented.
8. The Service Provider may use external hosting, infrastructure, e-mail delivery, analytics, security, payment or other technical service providers to provide the Service.
Article XI. Intellectual property
1. The Website, Panel, Outagen application, software, design, user interface, documentation, database structure, trademarks, logos, content and other materials made available by the Service Provider are protected by intellectual property laws.
2. The Service Provider grants the Client a limited, non-exclusive, non-transferable, revocable license to use the Panel and Service solely for the Client’s internal business purposes and in accordance with these Terms and Conditions.
3. The Client does not acquire any intellectual property rights to the Website, Panel, Outagen application or any related software or materials.
4. The Client must not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile or create derivative works based on the Service, except where expressly permitted by mandatory law.
5. The Client retains rights to data, content and configuration entered by the Client into the Service, subject to the rights granted to the Service Provider to process such data for the purpose of providing, securing and improving the Service.
Article XII. Availability, maintenance and changes to the Service
1. The Service Provider will make reasonable efforts to ensure the availability and proper operation of the Service.
2. The Client acknowledges that the Service may be unavailable, interrupted, delayed or limited due to maintenance, updates, security incidents, infrastructure failures, third-party service failures, force majeure or other circumstances beyond the Service Provider’s reasonable control.
3. The Service Provider does not guarantee uninterrupted or error-free operation of the Service, in particular during the BETA Phase.
4. The Service Provider may modify the Service, including its features, technical parameters, limits, interface, documentation, incident types, Reaction methods, Alerting methods and data retention rules.
5. The Service Provider may discontinue the Service or any part of it. Where reasonably possible, the Service Provider will notify Clients in advance of material discontinuation.
Article XIII. Liability
1. The Service is provided as a tool for testing and verifying the detection of simulated Incidents by external Monitoring Tools.
2. The Service Provider does not guarantee that:
a) every Incident will be generated exactly at the scheduled time;
b) every Incident will be detected by the Client’s Monitoring Tool;
c) every Reaction will be received, parsed or recorded;
d) every Alert will be delivered;
e) the Client’s Monitoring Tool will classify or handle Incidents correctly;
f) the Service will identify all problems in the Client’s monitoring, alerting or incident response process.
3. The Client acknowledges that Outagen does not replace independent monitoring, logging, alerting, backup, disaster recovery, security or business continuity solutions.
4. The Client uses the Service at their own risk, especially when relying on results generated during the BETA Phase.
5. To the maximum extent permitted by applicable law, the Service Provider shall not be liable for lost profits, loss of revenue, loss of business opportunities, business interruption, loss of data, loss of goodwill, indirect damages, consequential damages or damages resulting from the Client’s reliance on the Service.
6. The Service Provider’s liability towards the Client, irrespective of its legal basis, shall be limited to the amount of the last Fee paid by the Client.
7. During the BETA Phase, where the Client does not pay any Fee for the Service, the Service Provider’s liability shall be limited to the maximum extent permitted by applicable law.
8. Nothing in these Terms and Conditions excludes or limits liability where such exclusion or limitation is not permitted by mandatory provisions of law.
Article XIV. Complaints
1. Complaints concerning the Service may be submitted:
a) by e-mail to: office AT siteimpulse DOT com;
b) in writing to the postal address of the Service Provider;
c) through any contact form made available on the Website.
2. A complaint should include:
a) identification of the Client or User;
b) contact details;
c) description of the issue;
d) date and circumstances of the issue;
e) any relevant Monitor, Incident, Alert or Account information, if applicable.
3. Complaints should be submitted without undue delay after the issue has been identified.
4. The Service Provider will review complaints within a reasonable time, taking into account the nature and complexity of the issue.
5. The Service Provider may request additional information if necessary to review the complaint.
Article XV. Termination and deletion of Account
1. The Client may stop using the Service at any time.
2. The Client may request deletion of the Account by contacting the Service Provider, unless a self-service deletion option is available in the Panel.
3. The Service Provider may suspend or terminate the Client’s access to the Service if:
a) the Client breaches these Terms and Conditions;
b) the Client uses the Service unlawfully or contrary to its purpose;
c) the Client provides false data;
d) the Client creates technical, legal or reputational risk;
e) the Service is discontinued;
f) continued provision of the Service would violate applicable law or third-party rights.
4. Upon termination or deletion of the Account, the Client may lose access to Monitors, Pages, Incident history, Reaction data, Alert data and other information stored in the Panel.
5. The Service Provider may retain certain data after Account termination where required or permitted by law, necessary for security, accounting, dispute resolution, enforcement of these Terms and Conditions or protection of legitimate interests.
6. Termination or deletion of the Account does not affect the Client’s payment obligations for any Paid Plan ordered before termination, unless mandatory provisions of law provide otherwise.
Article XVI. Final provisions
1. These Terms and Conditions are governed by Polish law.
2. Matters not regulated by these Terms and Conditions shall be governed by applicable provisions of Polish law, including the Polish Civil Code and the Act on the Provision of Electronic Services.
3. Any disputes arising between the Service Provider and the Client or User shall be submitted to the court having jurisdiction over the registered office or business address of the Service Provider, unless mandatory provisions of law provide otherwise.
4. If any provision of these Terms and Conditions is found invalid or ineffective, the remaining provisions shall remain in force. The invalid or ineffective provision shall be replaced by a valid provision whose legal and economic effect is as close as possible to the original provision.
5. The current version of these Terms and Conditions is available on the Website.
6. These Terms and Conditions enter into force on [to be inserted].