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, REST and GraphQL APIs, 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 and GraphQL API that allows the Customer to programmatically query metrics, stream logs, manage alert rules, and configure integrations with third-party tools.
• Open-source Agent software, distributed under the Apache 2.0 license, 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 with reasonable advance notice. We will not materially reduce core functionality during an active paid Subscription without providing the Customer a pro-rata refund for the affected period.

We target a monthly uptime of 99.5% for the hosted Service, 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. Monthly plans are charged on the same calendar day each month. Annual plans are charged in full at the start of each 12-month term.

Auto-renewal. Subscriptions automatically renew at the end of each billing period at the then-current list price unless the Customer cancels before the renewal date. We will send a reminder notice at least 7 days before any annual renewal.

Upgrades and overages.Upgrading to a higher-tier plan takes effect immediately and is charged on a pro-rata basis for the remainder of the current billing period. If the Customer's data ingestion or Agent count exceeds the limits of their plan, we will notify them and, if usage is not reduced within 7 days, we may upgrade the account to the next appropriate tier automatically.

Refund policy. All fees are non-refundable except where required by applicable law. As a limited exception, a Customer who cancels within 14 days of the start of their first paid Subscription term (new customers only) may request a full refund by contacting support@kubewatchlabs.com. No refunds are available for partial billing periods or for plan downgrades.

Late payments. If any invoice is not paid within 30 days of the due date, we may suspend access to the Service until the outstanding balance is settled. We reserve the right to charge interest on overdue amounts at the lesser of 1.5% per month or the maximum rate permitted by law.

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+) and at rest, role-based access controls, and regular third-party security audits.

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 support@kubewatchlabs.com.

5. Termination

Termination by Customer. The Customer may cancel their Subscription at any time through the account settings dashboard or by contacting support. Cancellation takes effect at the end of the current billing period and the Customer will retain access to the Service until 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, (b) engages in activity that threatens the security or stability of the Service or other customers, or (c) fails to pay outstanding fees after a 30-day grace period.

Data export. Following termination or expiration of the Subscription, the Customer may request an export of their Data in JSON or CSV format within 30 days. After that 30-day window, we may delete all Customer Data from our systems and backups. We are not liable for any loss of Data that occurs after this export window closes.

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 support@kubewatchlabs.com.