SOFTWARE LICENSE AGREEMENT TERMS & CONDITIONS
This document outlines the Terms and Conditions (the “Agreement”) between Kestra Technologies and you, the user of the Kestra Cloud SaaS product (“You”). By using the Kestra Cloud SaaS product, you agree to be bound by the terms of this Agreement.
WHEREAS:
Kestra has developed a Software as a Service (SaaS) product in its alpha phase of development, offering cloud-based solutions subject to ongoing modifications, testing, and updates (the "Service").
You have expressed an interest in using Kestra Cloud for evaluation purposes, understanding its alpha status, potential for bugs, and not being suited for production environments.
The Parties have agreed to set forth the terms under which You may use the Service, acknowledging the Service's alpha status and the associated risks.
IT IS HEREBY AGREED AS FOLLOWS:
1 - Acceptance of Terms
By accessing or using the Service, You confirm that You have read, understood, and agree to be bound by these Terms & Conditions. If You do not agree to these terms, You must not use the Service.
2 - Description of Service
The Service is provided as an alpha release, which may contain bugs, errors, and may not operate with the same stability as a final, fully-tested version. The Service is provided for evaluation purposes only and is not recommended for production environments yet.
3 - Alpha Status and Limitations
You acknowledge that the Service is in its alpha phase and is provided on an "as is" and "as available" basis for the purpose of testing and feedback only. The Service may contain defects and is not intended for use in a production environment.
4 - Disclaimer of Warranties
Kestra expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Cloud Alpha makes no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
5 - Limitation of Liability
Kestra will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Kestra has been advised of the possibility of such damages), resulting from your use of the Service.
6 - User Responsibilities
You are responsible for assessing the suitability of the Service for your intended purposes and for the consequences of using the Service, including the risk of losing data.
7 - Indemnification
You agree to indemnify and hold Kestra, its officers, directors, employees, and agents harmless from any and all claims, damages, expenses, and liabilities arising out of your use of the Service, including but not limited to your violation of these Terms & Conditions.
8 - Modifications to Terms
Kestra reserves the right to modify these Terms & Conditions at any time. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms & Conditions.
9 - Governing Law
These Terms & Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which Kestra is located, without regard to its conflict of law provisions.
10 - Severability
If any provision of these Terms & Conditions is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
11 - Entire Agreement
These Terms & Conditions constitute the entire agreement between you and Kestra regarding the use of the Service and supersede all prior and contemporaneous agreements, representations, and understandings.
12 - Acknowledgement
By using the Service, you acknowledge that you have read these Terms & Conditions, understand them, and agree to be bound by them.
13 - Contact Information
If you have any questions about these Terms & Conditions, please contact us at [email protected].
By checking the box during the signup process, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.