Terms of Service.

Acceptance of terms

By accessing or using the Kapten platform and related services (the "Services") provided by Kapten SAS ("Kapten", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Services.

These Terms apply to all visitors, users, and others who access or use the Services. By using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Service description

Kapten provides a cloud infrastructure management platform that enables users to provision, deploy, and manage Kubernetes clusters and related infrastructure across multiple cloud providers. Our Services include:

• Infrastructure provisioning and management tools
• Application deployment and lifecycle management
• Monitoring, logging, and observability features
• API access for programmatic infrastructure management
• Documentation and support resources

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with reasonable notice when possible. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

User accounts

To access certain features of the Services, you must create an account. When creating your account, you must provide accurate and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring that your account information remains accurate and up to date

We reserve the right to suspend or terminate accounts that violate these Terms, remain inactive for an extended period, or are used in a manner that could harm the Services or other users.

Pricing and payment

Certain features of the Services require a paid subscription. By subscribing to a paid plan, you agree to pay the applicable fees as described on our pricing page.

• Billing cycle: Subscriptions are billed monthly or annually, depending on the plan you choose. Fees are charged at the beginning of each billing cycle.
• Price changes: We may change our pricing at any time. For existing subscribers, price changes will take effect at the start of the next billing cycle, with at least 30 days' notice.
• Refunds: Fees are non-refundable except as required by law or as explicitly stated in writing.
• Taxes: All fees are exclusive of applicable taxes, which you are responsible for paying.

Intellectual property

The Services and all associated content, features, and functionality -- including but not limited to software, text, graphics, logos, and documentation -- are owned by Kapten and are protected by intellectual property laws.

You retain all rights to your data and any content you create, upload, or transmit through the Services. By using the Services, you grant us a limited license to use your data solely for the purpose of providing and improving the Services.

We do not claim ownership of your infrastructure, application code, or configuration files managed through the platform.

Acceptable use

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party rights
• Distribute malware, viruses, or other harmful software
• Conduct cryptocurrency mining without explicit authorization
• Attempt to gain unauthorized access to other users' accounts or systems
• Interfere with or disrupt the integrity or performance of the Services
• Use the Services for competitive analysis or to build a competing product
• Resell or redistribute the Services without our written consent

Limitation of liability

To the maximum extent permitted by law, Kapten shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from:

• Your access to or use of (or inability to access or use) the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

In no event shall our total liability exceed the amount you have paid to Kapten in the twelve (12) months preceding the claim. The Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied.

Termination

You may terminate your account at any time by contacting us or through the account settings in the platform. Upon termination:

• Your right to access and use the Services will cease immediately
• We will make your data available for export for 30 days following termination
• After the 30-day period, we will delete your data from our active systems, except as required by law
• Any outstanding fees incurred prior to termination will remain payable

We may also terminate or suspend your access to the Services at any time, with or without cause, upon reasonable notice. If we terminate your account without cause, we will provide a pro-rata refund for any prepaid, unused fees.

Governing law

These Terms shall be governed by and construed in accordance with the laws of France, without regard to conflict of law principles. Any disputes arising from these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Paris, France.

Contact

If you have any questions about these Terms of Service, please contact us at:

• Email: legal@kapten.io
• Kapten SAS, Paris, France