Terms of Use
Effective Date: July 17, 2023
These Terms of Use ("Terms") govern your access to and use of the Cloudders website (the "Site") and Health Check Kubernetes operator (the "Operator") provided by Cloudders ("Company", "we", "our", "us").
Please read these Terms carefully before using the Site or Operator. By accessing or using the Site or Operator, you signify acceptance of and agree to be bound by these Terms and Representations, Warranties, and Risks sections below. If you do not agree, do not access or use the Site or Operator.
Site and Operator Access
Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable license to access and use the Site and Operator solely for your own personal use.
Certain areas of the Site and Operator may be restricted unless you have registered and logged in with a username and password. You are responsible for maintaining the confidentiality of your login credentials and agree not to share them with any third party. You are responsible for all activities that occur under your username.
Operator License
Subject to these Terms, Company grants you a limited, personal, revocable, non-exclusive, non-transferable license to download, install, and use the Operator solely for your internal business purposes permitted by the Operator documentation. You obtain no rights to the Operator except as expressly granted in these Terms.
Restrictions
You may not:
Reproduce, distribute, publicly display or perform, or prepare derivative works based on the Site or Operator Reverse engineer, decompile, disassemble, or translate any portion of the Site or Operator Interfere with or circumvent any security feature or access control mechanism of the Site or Operator Use the Site or Operator for any illegal, immoral, or unauthorized purpose Transfer, assign, sublicense, rent, lease, loan, or otherwise convey the Site, Operator, or your rights under these Terms Your Representations By accessing the Site or Operator, you represent and warrant that:
You have full authority and all rights necessary to enter into these Terms You are not located in a country or region subject to U.S. economic sanctions or other trade control restrictions You will not use the Site or Operator in violation of export control or sanctions laws You will not use the Site or Operator for any unlawful purposes You are at least 18 years old (or have parental consent if under 18) Your Content You retain full ownership of any content you submit, post, display or otherwise make available ("Your Content") on the Site or through the Operator. You grant Company a worldwide, royalty-free license to use, reproduce, distribute, create derivative works of, publicly display, and perform Your Content in order to provide the Site and Operator.
You are responsible for Your Content and warrant that you have all rights necessary to submit it. You represent and warrant that Your Content does not infringe or violate the rights of any third party. We have the right to remove any of Your Content for any reason.
Fees
There is currently no charge to access the Site or install and use the Operator. We reserve the right to introduce fees or subscriptions for the Site, Operator, or additional features in the future, in which case updated Terms will be provided. Your continued use after the change signifies acceptance.
Privacy Policy
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
Disclaimers
THE SITE AND OPERATOR ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE SITE AND OPERATOR, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
Limitation of Liability
COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE SITE OR OPERATOR. THIS APPLIES REGARDLESS OF THE FORM OR CAUSE OF ACTION, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL COMPANY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE SITE OR OPERATOR EXCEED $100. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED EVEN IF YOUR REMEDIES HEREUNDER ARE FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE
Indemnification
You will defend, hold harmless, and indemnify Company from any claim, loss, damage, settlement, cost or expense (including attorneys' fees) arising out of or related to your use of the Site or Operator, violation of these Terms, or infringement of any third party rights.
Termination
We may suspend or terminate your access to and use of the Site or Operator at our sole discretion, for any reason, with or without notice. You may stop using the Site and Operator at any time. Upon any suspension or termination, your license immediately ends, you must immediately cease using the Site and Operator, and Sections 6, 7, 10-14 will continue in effect.
Governing Law
These Terms are governed by the laws of [Governing Law Jurisdiction]. Any dispute related to these Terms must be brought exclusively in the federal or state courts located in [Governing Law Venue]. You consent to jurisdiction and venue in those courts.
General Provisions
These Terms constitute the entire agreement relating to their subject matter. If any provision is found unenforceable, the remaining provisions will remain in effect. Failure to enforce any provision will not constitute waiver. The section titles are for convenience only. Company may assign its rights or delegate duties under these Terms. These Terms do not confer any third party beneficiary rights.
Contact Us
Please contact us with any questions about these Terms: