AlwaysUp
Legal

Terms of Service

Effective date: 12 November 2026

These terms are an agreement between you and WP Tech Group LLC, 30 N Gould St, STE 4000, Sheridan, Wyoming 82801, USA ("AlwaysUp", "we", "us"). They apply when you create an AlwaysUp account, connect a WordPress site to it, or use any part of the paid service. If you accept them for an organisation, you confirm you may bind it.

Who the service is for. AlwaysUp is for businesses and website owners acting for their business or profession. You must be at least 18 years old to create an account.

Our Privacy Policy (https://alwaysupwp.com/privacy/) and our Data Processing Agreement (https://alwaysupwp.com/dpa/) form part of these terms.

1. What the plugin and the service are

The plugin. The AlwaysUp plugin (listed on WordPress.org as "AlwaysUp – Failover, Uptime & Backups") is free software licensed under the GNU General Public License, version 2 or later. These terms do not limit your rights under that licence. Its local features work without an account and never contact us:

  • fatal-error rescue: anonymous visitors to public pages see a local saved copy instead of WordPress's error page, while PHP can still run on your server;
  • a local saved copy of your home page and recent public pages;
  • a rescue log that names the plugin, theme or core file that caused an error;
  • deactivation of that plugin, only when you click to do it;
  • a readiness summary of your hosting setup.

The service. When you press Connect in the plugin, you create an AlwaysUp account for the email address you enter, or use the one that already exists. That is your agreement to these terms and to our Privacy Policy; there is no separate tick box. From then on the plugin sends data to the service as listed in the plugin's readme and in our Privacy Policy, and protection setup and backups start. Depending on your plan, the service provides the features in section 2.

2. What the service does, and its limits

We describe here only what the service does. Each feature has limits, which are part of these terms.

2.1 Monitoring. We check your site from several places, including from the visitor's side, and look for failures such as an error page returned with a "200 OK" status. Checks can be wrong or late. Our failover decisions are made by fixed rules, not by AI. A site that is merely slow is not treated as failed.

2.2 The edge and the saved copy. After you make the DNS change we guide you through, visitor traffic to your domain passes through Cloudflare, which we use as our only public entry point. While your site is healthy, requests go to your server. When our rules confirm a failure, visitors can be shown a verified saved copy of your public pages, with a notice that it is a saved copy. Limits:

  • The saved copy contains public pages only, captured on a schedule (a full capture daily, key and recently changed pages within about 15 minutes); it can be older than your site. Logged-in, personalised, cart and checkout pages are never captured.
  • It is a copy, not a working site: forms, logins, carts and checkouts do not work on it. A form submission or other write we cannot deliver to a working site is refused with an error, never accepted and dropped.
  • We never queue or replay payment webhooks.
  • If no usable saved copy exists, visitors may see an error.

2.3 The backup site during an outage (paid plans). If your server fails for long enough, a full working WordPress copy of your site (the "backup site") can be built from your latest backup and run on our servers at Hetzner, on your domain. Limits:

  • It is only as recent as your latest completed backup. Changes made on your server after that point are not on it.
  • It is promised to work and be online. It is not promised to perform like your own server.
  • Payments. Checkout runs on the backup site only for supported payment integrations that pass our readiness checks for your site. Your dashboard shows "Payments ready" or "Payments paused" with the reason. When payments are paused for your site, checkout shows that payment is temporarily unavailable, and payment callbacks and webhooks are refused so the payment provider retries against your own server. Scheduled subscription renewals and other recognised money-moving scheduled jobs are held while payments are paused, and a job that fell due before the backup site started is held for you to review. If your site uses a payment integration that is not on our supported list, payments are paused for your site. We may pause an integration for every site if it stops working correctly.
  • Email. If your site sends email through its own email provider and our test message through it arrives, the backup site keeps using it. Otherwise, email your site sends while the backup site serves your visitors is sent through our email service from an AlwaysUp address showing your site's name ("Site name via AlwaysUp"), with replies going to your site's own address. We never send mail that pretends to be from your domain. We apply sending limits, bounce and complaint handling, and may hold a site's mail if it looks like abuse; held mail is kept, not dropped.
  • Fair use. Backup-site operation is intended to keep your site running while your own hosting recovers. In the rare case of an unusually prolonged incident, we will contact you to agree next steps. We never switch off a working backup site without notice.
  • Some plugins may not work on the backup site, or may not be safe to carry back. Our readiness checks tell you which ones we know about; they cannot know all of them.

2.4 Durability of changes made on the backup site. Changes made on the backup site (for example new orders, form entries, comments or edits) are written to its own disk and copied off its server, encrypted, about every 30 seconds. What survives depends on what fails:

  • When the backup site's server stops but its disk survives, our testing found no acknowledged change lost.
  • If the backup site's server and its disk are lost at the same time, the most recent changes not yet copied off can be lost. In our tests the recoverable state was between 34 and 89 seconds behind while copying was healthy. If copying falls behind, we are alerted, and your dashboard shows from when changes exist only on the backup site's server.

These are measurements from our testing, not promises. Treat the backup site as a way to keep running, not as a substitute for your own records.

2.5 Returning to your server. Once a backup site has accepted traffic, traffic returns to your server only after your server has been brought up to date from the backup site and checked. Changes the backup site accepted are carried back to your server, or kept in an archive and reported to you; they are not silently discarded during the return. Changes made directly on your server while the backup site ran are kept: those our rules can safely carry over are carried over, and the rest hold the return until you decide. In particular, an order whose payment we cannot confirm is held for you to review rather than imported. The final step of a return includes a short pause during which the backup site does not accept changes.

2.6 Backups. Backups start when you connect, as described in the plugin's readme and on its Backups tab. A backup contains your whole WordPress database (including user accounts, password hashes, customers, orders, payment records your shop keeps, form entries, and other plugins' settings and stored passwords or API keys), your wp-content files, .htaccess, robots.txt and your authentication keys and salts. It is encrypted on your server and stored with Backblaze. We hold the encryption key, so we can technically decrypt your backups. Limits:

  • How consistent a database backup is depends on what your host allows. Each backup is labelled "consistent" or "best effort", and your dashboard shows the actual recovery point for your site.
  • Backups slow down or pause when your server is under load, and the first full backup of a large site can take days. Your dashboard does not show the site as protected by backups until the first one has finished.
  • Restore points are kept on the schedule in our Privacy Policy. Older points are removed.
  • A restore runs only after you confirm it, takes a checkpoint first, and is undone automatically if the restored site fails its checks. You can undo it yourself for 72 hours.

2.7 AI features. Some features use AI services from third-party AI model providers (for example OpenAI, Anthropic or xAI, which may change), called over their APIs, to explain and draft: fatal-error diagnosis (only when you press "Get a diagnosis"), incident reports, readiness reports, DNS explanations and similar. AI output is labelled, can be wrong, and is advisory. AI never decides failover, DNS changes, restores or which DNS records to keep. A suggested fix runs only when you click it.

2.8 Managed DNS (where needed). If your current DNS provider cannot support the change we need, we may offer to host your DNS with our provider, Bunny. Before any change, our checks must confirm your existing records, including email records, will keep working; if they cannot, setup stops and tells you why.

2.9 Payment card data. Card details entered in a payment provider's hosted fields (for example Stripe's) go straight from the shopper's browser to that provider and do not pass through our service. If your checkout sends card details to your own server, they pass through our edge, encrypted, on the way to your server; we do not store or log them. A backup copies your database as it is, so if your site stores card data, the backup contains it. You remain responsible for your own PCI DSS compliance and your choice of payment integration. On request, we will give you a short statement of what we do and do not handle.

3. Private beta

The service is in private beta until we announce otherwise. During the beta:

  • Features, limits and plans may change, and some features may be unavailable or restricted.
  • There is no service level agreement, no uptime commitment and no service credits.
  • We will tell you by email, and in your dashboard, about incidents we know affected your site's protection, its backups or its data, including when the backup site served your domain and what we did with changes made on it.
  • We may ask for your feedback. Feedback you give may be used to improve the service without obligation to you.
  • Either of us may end the beta for your account under section 9.
  • Prices are the early-access prices shown on our pricing page when you subscribe, or the price we agree with you in writing.

4. Your responsibilities

You confirm that:

  • you own or are authorised to manage each site and domain you connect, and to make the DNS changes involved;
  • you are authorised to let us copy and process the site's data, including personal data of its users, customers and visitors, and that your own privacy notice to them covers the use of a service provider for hosting, backup and continuity;
  • the information you give us (including your account email and data region) is accurate.

You remain responsible for your site, its content, its plugins, your own backups and records, your compliance with law (including payment card rules for your shop), and your relationship with your host, domain registrar and DNS provider. Our service is an additional layer, not a replacement for your host or your own backups.

Do not change DNS records we set up, or remove the plugin, without following our instructions; doing so can stop protection. Deleting the plugin tells the service so traffic can pass straight to your server; that message is best-effort.

5. Acceptable use

You must not use the service to host or serve unlawful content, malware, phishing or spam; to infringe others' rights; to attack, probe or overload our systems or anyone else's; or to resell the service except as a plan allows. Because your site's code runs on our servers during an outage, we may restrict outgoing connections from the backup site (for example to internal addresses or mail port 25) and limit resources and email volume.

We may refuse a certificate for a domain whose ownership is not proven. Report abuse to team@alwaysupwp.com.

6. Providers we rely on

The service is built on third-party providers, listed in our Privacy Policy and our Data Processing Agreement. Cloudflare is the one accepted hard dependency: if Cloudflare fails, traffic to your domain through our service may fail too. We are not responsible for outages or changes of these providers beyond our own reasonable choices in using them, but we will tell you about incidents that affected your site as described in section 3.

7. Fees, payment and refunds

  • Prices. Plans and prices are as shown on https://alwaysupwp.com/pricing/ when you subscribe, per site, in US dollars. Taxes (such as sales tax or VAT) are added where the law requires.
  • Billing. Paid plans are billed monthly in advance through our payment processor, Stripe. We do not receive your full card number.
  • Renewal and cancellation. Subscriptions renew automatically each month until cancelled. You can cancel at any time in your dashboard or by email to team@alwaysupwp.com. Cancellation takes effect at the end of the current paid month; protection continues until then.
  • First-month refund. If you are a new customer and you ask within 30 days of your first payment, we refund the fee for your first paid month for that site. One refund per customer. Ask at team@alwaysupwp.com.
  • No partial refunds. Apart from the first-month refund, or where the law requires otherwise, fees already paid are not refunded, including for a partial month after you cancel.
  • Failed payments. A failed payment is not a cancellation. We email you on the day it fails, 3 days later and 7 days later, and protection stays on. If it is still unpaid 10 days after it failed, protection goes offline (no new backups, no backup site) until you pay; your data is kept as our Privacy Policy describes.
  • Price changes. We may change prices with at least 30 days' notice by email; a change applies from your next billing period after the notice ends. You may cancel before it applies.
  • Outage-based refunds. We are preparing a written money-back promise for defined outages. It is not part of these terms until we publish its terms here.

8. Your data

You keep all rights in your site and its data. You give us the permission needed to copy, store, transform and serve it only to provide the service to you, as described in these terms and our Privacy Policy. For personal data in your site, we act as your processor under our Data Processing Agreement (https://alwaysupwp.com/dpa/), which forms part of these terms.

We do not sell your data. We do not use your site's data to train AI models.

9. Suspension and termination

  • You may disconnect a site or close your account at any time. Disconnecting stops new backups; it does not by itself delete backups already stored. Our Privacy Policy sets out when stored data is deleted after a cancellation, and you can ask us to delete it sooner.
  • We may suspend or end the service for a site or account if you breach these terms, fail to pay, or if continuing would put our systems, other customers or the public at risk. Where reasonable we will warn you first.
  • We may end the beta or the service with at least 30 days' notice by email, and you can restore your backups from the plugin during that period.
  • When the service ends, we keep passing your visitors straight through to your server while your domain still points at us, and we ask you to point your domain straight at your host. You are responsible for making that DNS change.

10. The plugin and our intellectual property

The plugin is GPL-licensed, as stated in section 1. Everything else in the service (the dashboard, edge and control software, reports and documentation) is ours or our licensors'. You may use it only as part of the service. AI output and incident reports produced for you are yours to use.

11. Disclaimers

We provide the service with reasonable skill and care, but we do not promise that it will be uninterrupted, that your site will always be reachable, or that no data will be lost. Outages of your host, our providers, the internet or our own service can still affect your site, and the limits in section 2 apply. Except as stated in these terms, and to the extent the law allows, the service is provided "as is" and "as available", especially during the private beta, and we disclaim all implied warranties, including of merchantability, fitness for a particular purpose and non-infringement.

12. Limitation of liability

To the extent the law allows:

  • neither party is liable for indirect, incidental, special or consequential loss, or for loss of profits, revenue, orders, data or goodwill, even if told it was possible;
  • our total liability for all claims arising from or relating to the service or these terms is limited to the fees you paid us for the service in the 12 months before the event giving rise to the claim;
  • nothing limits liability that cannot be limited by law, such as for fraud, or for death or personal injury caused by negligence.

13. Indemnity

You will cover our reasonable costs, including legal fees, of third-party claims arising from your site's content, or your breach of sections 4 or 5.

14. Changes to these terms

We may update these terms. We will give at least 30 days' notice by email of a material change, and post the new version here with its effective date. If you do not accept it, you may cancel before it takes effect. A change required by law, or made for security reasons, may take effect sooner.

15. Law and disputes

These terms are governed by the laws of the State of Wyoming, USA, without regard to its conflict-of-law rules. Any dispute arising from them or the service goes to the state or federal courts located in Wyoming, and both parties accept their jurisdiction. If you are a consumer in the EU, EEA or UK despite the business-use statement above, nothing in these terms takes away the protection of the mandatory laws of the country where you live, or your right to bring proceedings there.

16. General

If a part of these terms cannot be enforced, the rest still applies. Not enforcing a right is not a waiver of it. You may not transfer your account without our consent; we may transfer these terms to a successor of our business, and will tell you. These terms, the Privacy Policy and the Data Processing Agreement are the whole agreement between us about the service.

17. Contact

WP Tech Group LLC, 30 N Gould St, STE 4000, Sheridan, Wyoming 82801, USA. Support, legal and abuse: team@alwaysupwp.com.