Last updated March 8, 2023
These Testkube Terms and Conditions constitute a legally binding agreement made between You, whether personally or on behalf of an entity (“You”) and Kubernetes Innovation Labs LLC, doing business as Kubeshop and as Testkube ("Kubeshop", “Testkube”, “We”, “Us”, or “Our”), each a “Party” and collectively the “Parties,” concerning Your access to and use of the https://kubeshop.io and https://testkube.io websites as well as any other websites, domains, sub-domains, application programming interfaces (“APIs”), bots, frameworks, development environments, templates, documentation, configurations, mobile websites, or mobile applications related, linked, or otherwise connected thereto (collectively, the “Services”).
You may be required, at Our sole discretion, to purchase or pay a fee to access some or all of Our Services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that We can complete Your transactions and contact You as needed. We bill You through an online billing account for purchases made via the Services. Sales tax will be added to the price of purchases as deemed required by Us. We may change prices at any time. All payments shall be in U.S. dollars.
We accept the following forms of payment:
You agree to pay all charges or fees at the prices then in effect for Your purchases, and You authorize Us to charge Your chosen payment provider for any such amounts upon making Your purchase.
If Your purchase is subject to recurring charges, then You consent to Our charging Your payment method on a recurring basis without requiring Your prior approval for each recurring charge, until You notify Us of Your cancellation.
We reserve the right to correct any errors or mistakes in pricing, even if We have already requested or received payment. We also reserve the right to refuse any order placed through the Services.
We may, at Our sole discretion, offer a free trial to new users who register with the Services. Users may, at Our sole discretion, be able to return to being able to use some version of the Services at the end of the free trial.
All purchases are non-refundable. You can cancel Your subscription at any time by logging into Your account or contacting Us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.
If You are unsatisfied with Our services, please email Us at: firstname.lastname@example.org.
We may include software for use in connection with Our Services. If such software is accompanied by a separate end user license agreement (“EULA”), the terms of the EULA will govern Your use of the software. If such software is not accompanied by a EULA, then We grant to You a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with Our Services and in accordance with these Terms and Conditions. Any Software and any related documentation are provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any Software. You may not reproduce or redistribute any software except in accordance with the EULA or these Terms and Conditions.
You may not access or use the Services for any purpose other than that for which We make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Us.
As a user of the Services, You agree not to:
Any use of the Services in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of Your rights to use or access the Services.
By submitting suggestions or other feedback regarding the Services, You agree that We can use and share such feedback for any purpose without compensating You.
We do not assert any ownership over Your Contributions. You retain full ownership of all of Your Contributions and any intellectual property rights or other proprietary rights associated with Your Contributions. We are not liable for any statements or representations in Your Contributions provided by You in any area on the Services. You are solely responsible for Your Contributions to the Services and You expressly agree to indemnify and exonerate Us from any and all responsibility and to refrain from any legal action against Us regarding Your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services ("Submissions") provided by You to Us are non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to You. You hereby waive all moral rights to any such Submissions, and You hereby warrant that any such Submissions are original with You or that You have the right to submit such Submissions. You agree there shall be no recourse against Us for any alleged or actual infringement or misappropriation of any proprietary right in Your Submissions.
Our services are “commercial items” as defined in Federal Acquisition Regulation(“FAR”) 2.101. If Our services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), Our services are subject to the terms of these Terms and Conditions in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If Our services are acquired by or on behalf of any agency within the Department of Defense, Our services are subject to the terms of these Terms and Conditions in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202-3. In addition, DFARS 252.227-7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms and Conditions.
We reserve the right, but not the obligation, to:
To use the Services, You must accept (1) the Kubeshop Terms and Conditions, and (2) these Testkube Additional Terms and Conditions. Together, these documents are referred to collectively as the “Terms” or “Terms and Conditions.” You must at all times abide by the Terms in order to continue using the Services.
Other supplemental terms and conditions or documents aside from the aforementioned Kubeshop Terms and Conditions that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in Our sole discretion, to make changes or modifications to these Terms and Conditions from time to time. We will alert You about any changes by updating the “Last Updated” date of these Terms and Conditions, and You waive any right to receive specific notice of each such change. Please ensure that You check the applicable Terms every time You use Our Services so that You understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by Your continued use of the Services after the date such revised Terms and Conditions are posted.
These Terms and Conditions and any policies or operating rules posted by Us on the Services or in respect to the Services constitute the entire agreement and understanding between You and Us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law.
We may assign any or all of Our rights and obligations to others at any time.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond Our reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between You and Us as a result of these Terms and Conditions or use of the Services.
You agree that these Terms and Conditions will not be construed against Us by virtue of having drafted them.
You hereby waive any and all defenses You may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact Us at:
Kubernetes Innovation Labs LLC
20 Brynwood Ln, Greenwich, CT 06831, USA
Greenwich, CT 06831