Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and KubeOpera, Inc. ("KubeOpera," "we," "us," or "our") governing your access to and use of the KubeOpera platform, services, and applications (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

We reserve the right to modify these Terms at any time. We will provide notice of material changes through our Services or via email. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.

2. Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Services under applicable laws
• Provide accurate and complete registration information
• Maintain the security and confidentiality of your account credentials

3. Account Registration and Security

3.1 Account Creation

To access certain features of our Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities under your account

3.2 Account Security

You are responsible for safeguarding your account credentials. We recommend using strong passwords and enabling two-factor authentication. You acknowledge that sharing your account credentials is strictly prohibited.

3.3 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion. Upon termination, your right to use the Services will immediately cease.

4. Services Description

KubeOpera provides a cloud-native infrastructure management platform that enables users to:

• Manage and orchestrate Kubernetes clusters
• Monitor application performance and resource utilization
• Optimize cloud costs and infrastructure spending
• Deploy and manage containerized applications
• Access AI-powered insights and recommendations
• Integrate with major cloud providers (AWS, Azure, GCP)

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We are not liable for any modifications, suspensions, or discontinuations of the Services.

5. Acceptable Use Policy

You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Services for any illegal or unauthorized purpose
• Transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Services or servers
• Reverse engineer, decompile, or disassemble any part of the Services
• Use automated systems (bots, scrapers) without permission
• Resell or redistribute the Services without authorization
• Impersonate any person or entity
• Collect user data without consent
• Engage in cryptocurrency mining without authorization
• Use the Services to send spam or unsolicited communications

6. Subscription and Billing

6.1 Subscription Plans

We offer various subscription plans with different features and pricing. Details of each plan are available on our pricing page.

6.2 Payment Terms

• Subscription fees are billed in advance on a monthly or annual basis
• You authorize us to charge your payment method for all applicable fees
• All fees are non-refundable except as required by law
• Price changes will be communicated 30 days in advance
• Failure to pay may result in service suspension or termination

6.3 Free Trial

We may offer free trial periods for certain plans. At the end of the trial period, your subscription will automatically convert to a paid plan unless you cancel before the trial ends.

6.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellations will take effect at the end of the current billing period. We do not provide refunds for partial subscription periods, except as required by applicable law.

6.5 Usage-Based Charges

Certain features may incur additional usage-based charges (e.g., API calls, storage, data transfer). You will be notified of such charges before incurring them. You are responsible for monitoring your usage and associated costs.

7. Intellectual Property Rights

7.1 Our Property

The Services, including all software, designs, text, graphics, logos, and other content, are owned by KubeOpera and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Services for their intended purpose.

7.2 Your Content

You retain ownership of any data, files, or content you submit to the Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process your User Content solely to provide and improve the Services.

7.3 Feedback

If you provide feedback, suggestions, or ideas about our Services, we may use them without any obligation to you. You hereby assign all rights in such feedback to KubeOpera.

8. Data Protection and Privacy

We are committed to protecting your data in accordance with applicable data protection laws, including GDPR. Our Privacy Policy details how we collect, use, and protect your information.

8.1 Data Processing

By using our Services, you acknowledge that we may process your data in accordance with our Privacy Policy. For enterprise customers, we will execute a Data Processing Agreement (DPA) upon request.

8.2 Data Security

We implement industry-standard security measures to protect your data, including encryption, access controls, and regular security audits. However, no system is completely secure, and we cannot guarantee absolute security.

9. Service Level Agreement (SLA)

We strive to maintain 99.9% uptime for our Services, excluding scheduled maintenance. Our SLA commitments vary by subscription tier:

• Starter Plan: Best effort support, no SLA guarantee
• Professional Plan: 99.9% uptime SLA with 24/7 support
• Enterprise Plan: 99.95% uptime SLA with dedicated support

Detailed SLA terms, including service credits for downtime, are available in our separate SLA document.

10. Warranties and Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• The Services will be uninterrupted, timely, secure, or error-free
• Results obtained from the Services will be accurate or reliable
• Any errors in the Services will be corrected
• The Services will meet your specific requirements

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KUBEOPERA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 IF NO PAYMENT WAS MADE.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless KubeOpera, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) your User Content.

13. Third-Party Services and Links

Our Services may integrate with or contain links to third-party services, websites, or applications. We are not responsible for the content, privacy practices, or terms of such third-party services. Your use of third-party services is at your own risk and subject to their respective terms.

Integration with cloud providers (AWS, Azure, GCP) requires you to comply with their respective terms of service. You are responsible for any charges incurred from third-party providers.

14. Compliance and Export Controls

You agree to comply with all applicable laws and regulations, including export control laws. You represent that you are not located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country, and you are not listed on any U.S. government list of prohibited or restricted parties.

15. Dispute Resolution

15.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@kubeopera.io to attempt to resolve the dispute informally.

15.2 Arbitration Agreement

Any dispute arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Arbitration will be conducted in San Francisco, California.

15.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

15.4 Exceptions

Either party may seek injunctive relief in court to protect intellectual property rights or prevent unauthorized use of the Services.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. For users outside the United States, local consumer protection laws may also apply.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and KubeOpera regarding the Services.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

17.5 Survival

Provisions that by their nature should survive termination (including intellectual property, indemnification, limitation of liability, and dispute resolution) will survive termination of these Terms.