Terms & Conditions

1. Introduction

Welcome to Kubewise, a SaaS product provided by Nephely SAS ("we," "us", or "our"). By accessing or using Kubewise (the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree with any part of these Terms, please do not use the Service.

2. Description of Service

Kubewise collects and analyzes information from Kubernetes clusters, focusing on security, resource allocation and associated costs, application performance, and monitoring.

3. Eligibility

The Service is intended for companies using Kubernetes in their infrastructure. Use of the Service is prohibited in countries under French or European commercial embargo.

4. User Responsibilities

Deployment: Users are responsible for deploying the Kubernetes agent in their own infrastructure.
Acceptable Use: Users agree not to engage in activities that may harm the Service or its infrastructure, including but not limited to attempting to hack or disrupt the platform.
Compliance: Users must comply with all applicable laws and regulations while using the Service.

5. Data Collection and Privacy

Data Collection: Kubewise collects data via an application deployed by the customer in their Kubernetes cluster. These data are forwarded to our SaaS platform and stored securely.
Data Security: All data are encrypted during transit and at rest.
Data Ownership: Data sent to Kubewise becomes the property of Kubewise. Users have the ability to delete collected data when deleting one of their clusters.
Privacy Policy: Please refer to our separate Privacy Policy for detailed information on how we handle and protect user data.

6. Subscription and Payment

Fees: The Service operates on a monthly subscription fee based on the size of each cluster.
Payment Processing: Payments are processed through Stripe. Only the minimum necessary information is shared to process the payment.
No Refunds: Refunds are not available, even if no reports have been generated during the month or if no data has been sent.

7. Intellectual Property

Ownership: All intellectual property rights in the Service and the collected data are owned by Nephely SAS.
User Data: Users may request the platform to generate reports based on the collected data but do not have the ability to create or upload additional content.

8. Third-Party Services

Cloud Providers: Kubewise integrates with cloud service providers to store and host its infrastructure. Customer data is not shared with these providers beyond what is necessary for hosting.
Payment Processor: We use Stripe to process payments, sharing only the minimum information required to complete transactions.

9. Disclaimer of Warranties

"As Is" Service: The Service is provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied.
No Guarantees: We do not guarantee that the Service will be uninterrupted, error-free, or free from viruses or other harmful components.
Deployment Responsibility: Kubewise is not responsible for the deployment of the Kubernetes agent in users' infrastructure.

10. Limitation of Liability

To the fullest extent permitted by applicable law:
Indirect Damages: Nephely SAS shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
Total Liability: Our total liability under these Terms shall not exceed the total amount paid by the user in the preceding 12 months.

11. Termination

By Users: Users may cancel their subscription at any time. The final bill will reflect the subscription cost up to the cancellation date.
By Kubewise: We may terminate or suspend access to the Service immediately if users breach these Terms or for operational reasons, including bankruptcy or legal actions against user's company.
Effect of Termination: Upon termination, users will lose access to the Service, and any collected data may be deleted.

12. Modifications to Terms

Minor Changes: We reserve the right to make minor modifications to these Terms without prior notice.
Major Changes: For significant updates, we will send an email notification to users.
Continued Use: Continued use of the Service after modifications constitutes acceptance of the revised Terms.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of France. Any disputes arising from these Terms or the Service will be subject to the exclusive jurisdiction of the French courts.

14. Contact Information

For any questions or concerns regarding these Terms, please contact us:
Email: hello@kubewise.io
Address: Nephely SAS, 5 rue des suisses, 75014 Paris, France