Terms of Service

1. Definitions

The following capitalized terms have the meanings set forth below when used in these Terms of Service (the “Agreement”):

• “Service” means the KubeWatch container observability platform, including all web-based dashboards, the REST API, webhook endpoints, documentation, and any software updates or new features we make generally available to subscribers.
• “Customer” means the legal entity or individual that has accepted this Agreement, created an account, and is responsible for all use of the Service under that account.
• “Agent” means the lightweight KubeWatch collector software installed by the Customer inside their Kubernetes clusters or on Docker-enabled hosts. Agents transmit infrastructure telemetry (metrics, logs, and events) to the Service over an encrypted channel.
• “Subscription” means a paid entitlement to access the Service for a defined billing period (monthly or annual) at the feature tier selected at checkout or subsequently upgraded by the Customer.
• “Data” means all metrics, logs, events, configuration manifests, and other telemetry submitted to the Service by the Customer's Agents or directly via API, as well as any account or billing information provided by the Customer.

2. Service Description

KubeWatch is a software-as-a-service platform that provides real-time and historical observability for containerized infrastructure. The core capabilities of the Service include:

• A web-based dashboard for visualizing container health, resource utilization, pod lifecycle events, and cluster topology across one or more Kubernetes clusters and Docker environments.
• A REST API that allows the Customer to programmatically query metrics, stream logs, manage alert rules, and configure integrations with third-party tools.
• Proprietary Agent software, licensed (not sold) to the Customer under the Software Usage Agreement, which the Customer deploys inside their own infrastructure to collect and forward telemetry to the Service.
• An alert engine that evaluates threshold and anomaly-based rules against incoming telemetry and delivers notifications via email, Slack, PagerDuty, or webhooks.

We reserve the right to modify, enhance, or discontinue any feature of the Service. Where a change would materially reduce the core functionality the Customer is paying for, we will give reasonable advance notice.

We target the monthly uptime SLA specified for the Customer's plan on our pricing page, excluding scheduled maintenance windows communicated at least 48 hours in advance and events beyond our reasonable control. Current uptime metrics are available on request from our support team.

3. Payment Terms

Access to paid tiers of the Service requires a valid Subscription. All fees are stated in United States dollars and are exclusive of applicable taxes unless otherwise noted.

Billing cycles. Subscriptions are billed either monthly or annually depending on the plan selected at checkout, charged in full through our payment processor at the time of purchase for that billing period.

Renewal is not automatic. Unlike many SaaS products, a Subscription does not auto-charge at the end of its billing period. We send reminder notices by email in the weeks before a Subscription is due to expire (at 30, 14, 7, 3, and 1 day out), unless the Customer has already canceled per Section 5 below. If the Customer does not renew — by returning to Settings > License and starting a new checkout for the same or a different plan — before the current period ends, the account is automatically suspended once it expires. A suspended account cannot register new Agents or access the dashboard until a new Subscription is purchased; the Customer's Data is retained, not deleted, during a suspension (see Section 5).

Plan changes and Agent limits. The Customer may change plans at any time from Settings > License, charged at checkout for the newly selected plan and period. Each plan has a maximum Agent count (see the pricing page); once that limit is reached, the Service will decline to register additional Agents until the Customer upgrades to a plan with a higher limit. We do not upgrade an account automatically.

Refund policy. Fees are non-refundable for partial billing periods, except where required by applicable law. A Customer on an annual plan who wishes to cancel may contact [email protected]; annual cancellations are reviewed and handled case by case.

4. Data Processing and Ownership

Customer ownership. The Customer retains all right, title, and interest in and to the Data submitted to the Service. We claim no ownership over Customer Data and do not use it for purposes unrelated to delivering the Service.

License to process. The Customer grants KubeWatch a non-exclusive, worldwide, royalty-free license to store, process, analyze, and transmit the Data solely as necessary to (a) operate and improve the Service, (b) provide customer support, and (c) generate aggregated, anonymized benchmarks that cannot be used to identify the Customer or any individual.

No sale of data. We do not sell, rent, or trade Customer Data to third parties for advertising or any commercial purpose. We may share Data with sub-processors (such as cloud infrastructure providers) who are bound by contractual obligations at least as protective as those in this Agreement.

Security. We implement commercially reasonable technical and organizational measures to protect Customer Data against unauthorized access, alteration, disclosure, or destruction. These measures include encryption in transit (TLS 1.2+), encryption at rest for sensitive stored credentials (cloud provider keys, integration secrets, AI provider keys), per-organization tenant isolation, and role-based access controls.

Data Processing Agreement. Customers who are subject to the EU General Data Protection Regulation (GDPR) may request our standard Data Processing Agreement (DPA) by contacting [email protected].

5. Termination

Termination by Customer. An admin on the account may cancel a Subscription at any time from Settings > License in the dashboard, or by emailing [email protected]. Cancellation does not end access immediately: since each billing period is already paid in full, the Customer keeps full access through the end of the period already purchased — whatever that period's duration is (monthly or annual) — after which the account is suspended per Section 3, the same as if the Subscription simply hadn't been renewed. Cancelling can be undone from the same place at any time before that date.

Termination by KubeWatch. We may suspend or terminate the Customer's account with 30 days' written notice for any reason, or immediately if the Customer (a) materially breaches this Agreement and fails to cure such breach within 10 days of notice, or (b) engages in activity that threatens the security or stability of the Service or other customers. An account that isn't renewed is suspended automatically per Section 3, which is separate from termination under this paragraph.

Data export and deletion. An account admin can self-export the org's account and configuration data (users, Agents, alert rules, integrations, notification channels, API key metadata, and audit log — not raw telemetry, which stays live-queryable from the dashboard and API for as long as the account exists) in JSON or CSV format at any time from Settings, whether the account is active or suspended. To request permanent deletion of the account and all its Data instead, email [email protected] with the subject “Account deletion request”; we will confirm the deletion timeline with the Customer directly. Deletion is permanent and cannot be undone once carried out.

Effect of termination. Upon termination, all licenses granted to the Customer under this Agreement immediately cease. Sections covering payment obligations already incurred, data deletion, limitation of liability, and governing law survive termination.

6. Limitation of Liability

Disclaimer of warranties. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KUBEWATCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS.

Exclusion of consequential damages. IN NO EVENT SHALL KUBEWATCH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE, INCLUDING LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF KUBEWATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Liability cap. KUBEWATCH'S TOTAL AGGREGATE LIABILITY TO THE CUSTOMER FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO KUBEWATCH IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS CAP APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you in full. In such jurisdictions, KubeWatch's liability is limited to the greatest extent permitted by law.

7. Governing Law and Dispute Resolution

This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with applicable law, without regard to conflict of law provisions.

Informal resolution. Before initiating formal legal proceedings, the parties agree to attempt to resolve any dispute informally by sending written notice of the dispute to the other party. The parties will have 30 days from receipt of that notice to attempt a negotiated resolution.

Waiver of class actions. Any claims must be brought on an individual basis. The Customer waives any right to participate in a class action lawsuit or class-wide arbitration against KubeWatch.

If you have questions about these Terms, please contact us at [email protected].