Terms of Service
These Terms of Service ("Terms") govern your access to and use of the Kaemito infrastructure observability platform, including any associated APIs, agent software, and documentation (collectively, the "Service"), provided by Kaemito, Inc. ("Kaemito," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.
1. Acceptance of Terms
By creating an account or otherwise accessing the Service, you represent that you have the legal authority to enter into these Terms on behalf of yourself or the organization you represent. If you do not agree to these Terms, you may not use the Service.
2. Description of Service
Kaemito provides a cloud-based infrastructure monitoring and observability platform that enables customers to collect, store, analyze, and visualize metrics, logs, and traces from their computing infrastructure. The Service includes data ingestion endpoints, a web-based dashboard, alerting capabilities, and agent software for data collection.
3. Account Registration
To use the Service, you must register for an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
4. Acceptable Use
You agree to use the Service only for its intended purpose of infrastructure monitoring and observability. You shall not:
- Use the Service for any unlawful purpose or in violation of any applicable laws or regulations.
- Attempt to gain unauthorized access to the Service, other accounts, or any related systems or networks.
- Interfere with or disrupt the integrity or performance of the Service.
- Reverse engineer, decompile, or disassemble any portion of the Service.
- Use the Service to transmit any malicious code, viruses, or harmful content.
- Resell, sublicense, or redistribute the Service without our prior written consent.
5. Data and Privacy
You retain ownership of all data you submit to the Service ("Customer Data"). We process Customer Data solely to provide and improve the Service, as described in our Privacy Policy. You are responsible for ensuring that your use of the Service complies with all applicable data protection laws.
6. Subscription and Payment
Access to certain features of the Service may require a paid subscription. Subscription fees are billed in advance on a monthly or annual basis, depending on the plan selected. All fees are non-refundable except as required by applicable law. We reserve the right to modify our pricing upon 30 days' prior written notice.
7. Service Availability
We strive to maintain high availability of the Service but do not guarantee uninterrupted access. Scheduled maintenance windows will be communicated in advance when possible. Our current uptime commitments are described in the applicable Service Level Agreement (SLA) for your subscription plan.
8. Intellectual Property
The Service, including all software, designs, text, graphics, and other content, is the property of Kaemito and is protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any rights to our trademarks, service marks, or logos.
9. Limitation of Liability
To the maximum extent permitted by applicable law, Kaemito shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities arising out of or related to your use of the Service, regardless of the theory of liability.
10. Termination
Either party may terminate these Terms at any time by providing written notice. Upon termination, your access to the Service will be revoked, and we may delete your Customer Data after a 30-day grace period. Sections that by their nature should survive termination will remain in effect.
11. Modifications
We may update these Terms from time to time. We will notify you of material changes by posting the revised Terms on our website or by sending you an email. Your continued use of the Service after such notification constitutes your acceptance of the updated Terms.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Delaware.
13. Contact
If you have any questions about these Terms, please contact us at legal@kaemito.com.