Updated: 09/12/2024
1. Preamble
The Customer (Entrepreneur within the meaning of Article 6:230a of the Dutch Civil Code (BW).) aims to operate Kubernetes clusters and application programs on their own cloud infrastructure. The Customer independently procures:
- Cloud Infrastructure (servers, networks, storage) purchased or leased from third-party cloud providers.
- Any licenses required for Application Programs to run on Kubernetes clusters.
- Any licenses for 3rd party software solutions or services used separate or in conjunction with KubeDNA.
KubeDNA is a Kubernetes management platform providing services to cloud infrastructure owners (Customers). We offer platform services, technical support, and consulting to enable Customers to deploy, manage, and scale their Kubernetes clusters and applications independently.
KubeDNA does not provide hosting services. Customers are responsible for acquiring hosting services directly from third-party cloud providers.
2. Subject of the Agreement
These Terms of Service govern the services KubeDNA provides under its platform offering. The specifics of the services and Customer requirements are detailed in individual orders placed via the KubeDNA platform.
An order becomes effective once accepted by KubeDNA within 3 working days. Changes to an order must be agreed upon in writing (e.g., email). In the event of conflicting terms, the provisions in the order take precedence over these
Terms of Service.
3. Services
Access to the Platform
KubeDNA provides access to its proprietary platform for the duration of the agreement. Customers can use this platform to deploy and manage Kubernetes clusters.
Management Cluster
KubeDNA’s platform includes a management cluster, allowing Customers to create, scale, and update Kubernetes clusters on their cloud infrastructure via self-service. KubeDNA may assist in setting up these clusters upon request, provided the Customer grants necessary access (e.g., tokens or passwords).
Additional Services
Customers can order additional services, including:
- Cluster and application configuration and installation.
- Monitoring and maintenance.
- Backup creation.
- Developer training sessions.
Updates
Customers are responsible for applying updates to their clusters and applications. KubeDNA ensures updates are tested and functional but does not guarantee cluster performance during operation.
4. Customer’s Obligations
- Platform Registration: Customers must register on the KubeDNA platform.
- Access Credentials: Keep credentials secure and confidential.
- Updates: Apply necessary updates promptly.
- Infrastructure Security: Ensure IT infrastructure security and perform regular data backups.
- Prohibited Use: Customers must not use KubeDNA services for illegal activities, cryptocurrency mining, or hacking. Violations may result in termination of the agreement.
5. Availability
Platform Availability
KubeDNA ensures 99.5% annual platform availability. Scheduled maintenance periods are excluded from this calculation.
Cluster Availability
KubeDNA’s platform availability is independent of the availability of the Customer’s clusters, which depends on their cloud provider.
6. Rights of Use
Platform
KubeDNA grants a non-exclusive, non-transferable right to use the platform during the agreement term. The platform and source code remain KubeDNA’s property.
Work Results
Customers have a non-exclusive right to use configurations, documentation, and other work results delivered by KubeDNA during the term of the agreement.
Open-Source Software
Customers are responsible for complying with the licenses of any open-source software used within their clusters.
7. Pricing
Pricing is straightforward and transparent. We charge a fixed monthly fee per cluster, with no additional costs based on your cloud provider’s infrastructure.
8. Liability
KubeDNA’s liability is limited to cases of intentional misconduct or gross negligence. We are not liable for data loss caused by the Customer’s failure to perform backups or for third-party software issues.
9. Data Protection
Customers must comply with applicable data protection laws (e.g., GDPR). If processing personal data through KubeDNA, a separate data processing agreement must be signed.
10. Confidentiality
Confidential Information:
Both KubeDNA and the Customer agree to maintain strict confidentiality regarding all confidential information, including but not limited to business, operational, or trade secrets, that come to their knowledge during the preparation, execution, and fulfillment of this agreement. Confidential information shall not be disclosed to unauthorized third parties or used for any purpose other than fulfilling contractual obligations.
Authorized Disclosure:
Disclosure of confidential information is only permitted if necessary for the proper performance of contractual obligations. In such cases, the disclosing party shall ensure that the recipient is bound by equivalent confidentiality obligations. In case of doubt, prior written consent must be obtained before disclosure.
Employee and Sub-Contractor Compliance:
Both parties shall ensure that their employees, agents, and sub-contractors involved in the execution of this agreement are bound by confidentiality obligations consistent with this clause.
11. Termination
This agreement may be terminated with 30 days’ notice. KubeDNA may terminate the agreement immediately for violations of these Terms of Service or non-payment.
12. Customer’s Obligations at Termination of Contract
Service Deactivation:
Upon termination of the contract, KubeDNA services will be deactivated. This deactivation will not interfere with the functioning of the Customer’s existing Kubernetes clusters. However, the Customer will lose access to KubeDNA features such as auto-scaling, self-healing, monitoring, and other benefits provided by the platform.
Cluster Management:
The Customer remains responsible for managing, updating, and maintaining their Kubernetes clusters and associated application programs on their own infrastructure.
Optional Support:
If the Customer requires assistance with transitioning away from KubeDNA, support can be provided under a separate agreement and fee.
13. Compliance with the Digital Services Act (DSA)
We are committed to ensuring a safe, transparent, and fair online environment in accordance with the Digital Services Act (Regulation (EU) 2022/2065). In compliance with the DSA, we:
- Take proactive measures to monitor, assess, and address illegal content, ensuring it is swiftly removed or restricted in accordance with applicable laws and regulations.
- Provide clear and accessible information about our terms of service, including detailed explanations of content moderation practices and decision-making procedures.
- Respect users’ rights by offering mechanisms for complaints, appeals, and dispute resolution, as well as tools for users to understand their rights and responsibilities.
- Regularly assess and mitigate systemic risks, including those related to illegal content, disinformation, and impacts on fundamental rights, as required for platforms of our type and size.
- Adhere to transparency reporting obligations by publishing regular updates on our activities and any enforcement actions taken under the DSA framework.
By using our services, you acknowledge our commitment to these principles and agree to comply with the standards outlined herein. In case you feel any content provided by KubeDNA is incorrect or misleading, please use the feedback form in the footer of our website to notify us.
13. Choice of Law and Place of Jurisdiction
These Terms of Service shall be governed by the laws of the Netherlands, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any disputes arising from or in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the courts in Amsterdam, the Netherlands.
14. Final Provisions
KubeDNA reserves the right to update these Terms of Service. Customers will be notified of any changes via email before they take effect.
If a Customer uses their own General Terms and Conditions (GTC), any terms that conflict with or deviate from these Terms of Service shall not apply. These Terms of Service take precedence over any Customer GTC.
If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full effect. The parties agree to replace any invalid provision with one that closely matches the original’s intent and economic purpose. The same applies to any unintended omissions in the agreement.