Please read these Terms carefully. By using KloudMate or signing up for an account, you’re agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement. KloudMate (“KloudMate” or the “Service”) is a Cloud Observability Platform offered through the URL https://www.kloudmate.com (refer to it as the “Website”) that allows you to monitor your cloud infrastructure on a single platform, across parameters & metrics. KloudMate is owned and operated by CodeCulture Technologies Pvt. Ltd. KloudMate has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).
In order to use KloudMate, you must:
complete the registration process;
agree to the Terms; and
provide true, complete, and up to date contact information
By using KloudMate, you represent and warrant that you meet all the requirements listed above, and that you won’t use KloudMate in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) KloudMate may refuse service, close accounts of any users, and change eligibility requirements at any time with prior notice to the members.
The Term begins when you sign up for KloudMate and continues as long as you use the Service. If you sign up for KloudMate on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
2.3 Closing Your Account
You or KloudMate may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If you have a paid subscription and we we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment or reimburse you for unused Credits. We won’t refund or reimburse you if there's a cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your emails. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
2.5 Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
2.6 Account Disputes
We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes
directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.
3.1 Monthly Plans
Our subscription charges for monthly plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If you go over your usage limit and reach another pricing level, then you’ll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level.
We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one, based on the requirements posted on the Website.
3.3 Charges for Add-Ons
Some features are offered as add-ons to your KloudMate account. If you add on a feature that has a charge, then you’ll be billed that additional amount with each billing cycle for as long as the add-on is active. Some add-ons, like email validation, are intended for particular use cases and may have additional terms or restrictions (“Additional Terms.”) If you use an add-on in a way that violates these Terms or the Additional Terms, then we may terminate your account.
3.4 Billing Changes
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
4.1 Proprietary Rights Owned by Us
You will respect our proprietary rights in the Website and the software used to provide KloudMate (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights).
4.2 Proprietary Rights Owned by You
5 RULES AND ABUSE
5.1 Compliance with Laws
You represent and warrant that your use of KloudMate will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations. If you’re subject to regulations and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. You may not use our Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.
6.1 Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Tool and the Services, including any downloads from the Tool. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
6.2 No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use KloudMate for a variety of reasons, we can’t guarantee that it will meet your specific needs.
You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
6.4 Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
6.5 Equitable Relief
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
6.6 Subpoena Fees
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behaviour of any advertisers, linked websites, or other Members.
7 FINE PRINT
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
7.2 Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually
severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
7.6 Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
7.7 No Changes in Terms at Request of Member
Because we have so many Members, we can’t change these Terms for any one Member or group.
7.8 Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
7.9 Notification of Security Breach
In the event of a security breach that may affect you or anyone on your Email distribution lists (each a “List”), we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you,
that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do so.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, CodeCulture Technologies, B-834, 7th & 8th Floor, Times Square Building, Andheri (E), Mumbai - 400069, or any addresses as we may later post on the Website.
7.11 Entire Agreement
Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.
Congratulations! You’ve reached the end. Thanks for taking the time to learn about KloudMate’s policies.