Kool Dev Cloud Terms of Service

Effective Date: December 10th 2022.

1. Introduction: Kool Dev offers a platform for easily deploying containerized applications to the cloud. These terms of service (the "Terms") govern your access to and use of the Kool Dev website (the "Site") and all services, applications, and products offered by Kool Dev (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
2. Changes to the Terms: Kool Dev may update or change these Terms from time to time to reflect changes in our Services or legal requirements. We will provide notice of any significant changes to the Terms on the Site and through other means, such as email or in-app notifications. You are responsible for reviewing the latest version of the Terms regularly to stay informed of any changes. Your continued use of the Services after the posting of any changes to the Terms constitutes acceptance of those changes.
3. Privacy: Kool Dev is committed to protecting your personal information. Our privacy policy explains how we collect, use, and disclose your personal information when you access or use the Services. By accessing or using the Services, you consent to the collection, use, and disclosure of your personal information as described in the privacy policy. You can access the full privacy policy on the Site.
4. Use of the Services: In order to access and use the Services, you must be at least 18 years old and have the legal capacity to enter into a contract. You may not access or use the Services for any illegal or unauthorized purpose. You must comply with all applicable laws and regulations when using the Services, including but not limited to laws related to copyright and intellectual property. You are solely responsible for any User Content that you submit, post, or upload through the Services, and you must ensure that your User Content does not violate any laws or the rights of any third parties.
5. Service Availability: Kool Dev strives to provide the Services on a 24/7 basis, but we cannot guarantee that the Services will always be available. The Services may be interrupted, delayed, or unavailable for various reasons, including but not limited to maintenance, updates, or technical or other issues. Kool Dev is not responsible for any loss or damage resulting from any interruptions, delays, or unavailability of the Services. If you experience any issues with the Services, please contact us at info@kool.dev and we will do our best to assist you.
6. User Content: When you submit, post, or upload User Content through the Services, you retain ownership of any intellectual property rights that you hold in that content. Examples of User Content include, but are not limited to, software source codes, binary applications, container images, environment variables, credentials, IP addresses, and databases of customer applications. By submitting, posting, or uploading User Content, you grant Kool Dev a limited, non-exclusive license to host, back up, and secure your User Content in accordance with your configurations and the industry standards. Kool Dev does not have any rights to use, reproduce, or distribute your User Content, and you retain full ownership and responsibility for your User Content. However, we reserve the right to remove or disable access to any User Content that violates these Terms or any applicable laws or regulations. You are solely responsible for the nature, accuracy, and legality of your User Content, and you must ensure that your User Content does not violate any laws or the rights of any third parties. Kool Dev is not responsible for any errors, omissions, or other inaccuracies in your User Content.
7. Disclaimer of Warranties: Kool Dev provides the Services on an "as is" and "as available" basis. This means that we do not make any warranties or guarantees about the quality, reliability, availability, accuracy, or completeness of the Services. We do not endorse any User Content or third-party content that may be accessible through the Services. We are not responsible for any errors, omissions, or other inaccuracies in the Services or User Content. You use the Services at your own risk and we are not liable for any loss or damage that you may incur as a result of using the Services.
8. Limitation of Liability: In no event shall Kool Dev be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or in connection with your access to or use of the Services. This includes but is not limited to damages for loss of profits, revenue, data, or use, incurred by you or any third party. This limitation of liability applies even if Kool Dev has been advised of the possibility of such damages. We are not responsible for any damages resulting from the unauthorized access to or alteration of your transmissions or data. You agree to defend, indemnify, and hold harmless Kool Dev and its affiliates, employees, agents, contractors, and licensors from any and all claims, liabilities, damages, costs, and expenses, including but not limited to attorneys' fees, arising from or in connection with your access to or use of the Services, your violation of these Terms, or your violation of any rights of another person or entity.
9. Indemnification: You agree to indemnify and hold Kool Dev and its affiliates, employees, agents, contractors, and licensors harmless from any claim or demand, including but not limited to reasonable attorneys' fees, made by any third party due to or arising out of your access to or use of the Services, your violation of these Terms, or your violation of any rights of another person or entity. This indemnification obligation survives the termination of these Terms and your use of the Services.
10. Governing Law: These Terms and your access to and use of the Services shall be governed by and construed in accordance with the laws of Brazil. If the Services are hosted in the United States, the laws of the United States may also apply. If you access or use the Services from outside Brazil, you are responsible for complying with the laws and regulations of the jurisdiction in which you are located. You agree to submit to the exclusive jurisdiction of the courts located in Brazil for any disputes arising out of or in connection with these Terms or the Services.
11. Entire Agreement: These Terms constitute the entire agreement between you and Kool Dev regarding the Services, and supersedes all prior or contemporaneous communications and proposals, whether oral or written. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.
12. Contact Us: If you have any questions or comments about these Terms or the Services, please contact us at contact@kool.dev.