Terms of Service

1. Introduction

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Protocol Draft LLC, a Wyoming limited liability company ("Protocol Draft LLC," "we," "us," or "our"), governing your access to and use of KostKube, a cloud-hosted software-as-a-service (SaaS) platform for Kubernetes cost monitoring and optimization, available at app.kostkube.com and kostkube.com (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are entering into these Terms on behalf of an organization or legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case "you" shall refer to such entity.

If you do not agree to these Terms, you must not access or use the Service. We reserve the right to update these Terms at any time in accordance with Section 18 (Changes to Terms).

2. Service Description

KostKube is a cloud-hosted SaaS platform that enables engineering teams to monitor Kubernetes infrastructure costs, identify inefficiencies, and receive actionable optimization recommendations. The Service is accessed through a web browser at app.kostkube.com — no software installation on your computer is required to use the primary Service.

The Service includes a monitoring agent component (the "Agent") that you may optionally deploy to your Kubernetes cluster(s). The Agent is a lightweight, read-only software program that collects infrastructure utilization metrics (CPU usage, memory usage, storage utilization) and transmits them encrypted to the KostKube cloud platform for processing and analysis. The Agent does not read application source code, secrets, environment variables, logs, or network traffic content. Deployment and management of the Agent within your environment is your responsibility. The Agent is open source and its source code is publicly available for inspection.

We may update, modify, or discontinue features of the Service from time to time. We will provide reasonable notice of material changes to the Service's core functionality.

3. Account Registration

To use the Service, you must create an account by providing accurate, complete, and current information, including a valid email address. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify us immediately at support@kostkube.com if you become aware of any unauthorized use of your account or any other security breach. We will not be liable for any losses resulting from unauthorized use of your account.

You must be at least 18 years of age and must not be a person barred from receiving the Service under the laws of the United States or any other applicable jurisdiction. Accounts are not transferable without our prior written consent.

4. Subscription & Billing

KostKube offers subscription plans as described on our Pricing page, including a free Starter plan and paid plans (Pro, Business, Enterprise). Paid subscriptions are billed in advance on a monthly or annual basis.

Merchant of Record: All payment processing for paid plans is handled by Paddle.com Market Ltd ("Paddle"), our designated Merchant of Record. When you subscribe to a paid plan, you enter into a payment agreement with Paddle, which is responsible for processing your payment, issuing receipts, and handling applicable taxes. Charges to your payment method may appear as "Paddle" or "Paddle.com" on your bank or credit card statement. Paddle's terms and privacy policy apply to payment transactions.

Pricing: All prices are listed in US Dollars (USD). We reserve the right to modify our pricing at any time. We will provide at least 30 days' advance notice of any price changes to existing subscribers via email before the change takes effect. Continued use of the Service after a price change constitutes your acceptance of the new pricing.

Auto-Renewal: Paid subscriptions automatically renew at the end of each billing period (monthly or annual) at the then-current rate unless you cancel before the renewal date. You authorize Paddle to charge your payment method on file for each renewal period.

Taxes: You are responsible for all applicable taxes except where Paddle is required to collect and remit taxes as Merchant of Record. Paddle handles VAT and sales tax collection where required by applicable law.

5. Free Trial

We may offer a free trial period for paid subscription plans ("Free Trial"). Unless otherwise stated, the Free Trial period is 14 days. During the Free Trial, you have access to the features of the applicable paid plan at no charge.

No credit card is required to begin a Free Trial. At the conclusion of the Free Trial period, if you have not provided payment information and selected a paid plan, your account will automatically convert to the Starter (free) plan, and access to paid features will cease. You will not be charged unless you explicitly subscribe to a paid plan.

We reserve the right to modify the duration of Free Trials or discontinue Free Trial offers at any time. Free Trials are available once per individual or organization; we reserve the right to refuse or revoke a Free Trial at our sole discretion if we believe it is being abused.

6. Cancellation

You may cancel your subscription at any time through your account settings on the Service, or by contacting us at support@kostkube.com. Cancellation takes effect at the end of your current billing period. You will retain full access to the Service through the end of the period for which you have already paid. We do not charge early termination fees.

Upon cancellation, your data will be retained for 30 days to allow you to export it, after which it may be permanently deleted. We may suspend or terminate your account in accordance with Section 4 (Subscription & Billing) or for violations of these Terms.

7. Refunds

We offer a 14-day money-back guarantee on all paid plans. If you are not satisfied with the Service, you may request a full refund within 14 days of your initial purchase or renewal payment by contacting us at support@kostkube.com. Refunds are processed through Paddle.

For complete information on our refund policy, including conditions, process, and timelines, please review our Refund Policy. The Refund Policy is incorporated into these Terms by reference.

8. License Grant

Subject to your compliance with these Terms and payment of applicable fees, Protocol Draft LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes and in accordance with these Terms.

With respect to the Agent, to the extent it is provided as open source software, your use of the Agent is also governed by the applicable open source license. In the event of any conflict between these Terms and the applicable open source license with respect to the Agent, the open source license shall govern solely with respect to the Agent.

9. Restrictions

You agree that you will not, and will not permit any third party to:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service (except where such restriction is prohibited by applicable law);
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission;
• Use automated scripts or tools to scrape, data mine, or extract data from the Service beyond what is provided through our official API;
• Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation;
• Attempt to gain unauthorized access to any portion of the Service, its related systems, or networks;
• Interfere with or disrupt the integrity or performance of the Service or third-party data contained therein;
• Remove, alter, or obscure any proprietary notice or label on the Service, including any copyright, trademark, or patent notice;
• Use the Service to build a competing product or service;
• Share your account credentials with any third party not authorized under your subscription plan.

10. Data Ownership

You retain full ownership of all data you submit to or through the Service, including infrastructure metrics collected by the Agent ("Customer Data"). We do not claim any ownership rights in Customer Data. You grant us a limited, non-exclusive license to access, process, and use Customer Data solely as necessary to provide, maintain, and improve the Service in accordance with these Terms and our Privacy Policy.

We will not sell, share, or disclose Customer Data to third parties except as described in our Privacy Policy. We will not use Customer Data for any purpose other than providing and improving the Service. Upon termination of your account, we will delete your Customer Data in accordance with our data retention practices as described in the Privacy Policy.

11. Agent Component

The KostKube Agent runs within your Kubernetes cluster environment. You are solely responsible for deploying, updating, and managing the Agent within your environment. You are responsible for ensuring the Agent is compatible with your cluster configuration and that deployment complies with your organization's security policies.

The Agent is designed to operate with read-only access to Kubernetes cluster metrics. The Agent does not write to, modify, or delete any resources in your cluster. We make no representation that the Agent is suitable for use in environments subject to specific regulatory requirements (e.g., FedRAMP, HIPAA), and you are responsible for determining the suitability of the Service for your compliance needs.

You agree not to modify the Agent in a way that would cause it to collect data beyond its intended scope of infrastructure metrics, or in any way that would violate these Terms.

12. Service Availability

We target 99.9% monthly uptime availability for the Service, excluding scheduled maintenance windows for which we provide advance notice. We do not guarantee uninterrupted or error-free operation of the Service.

Business and Enterprise plan subscribers are eligible for our Service Level Agreement (SLA), which provides remedies in the form of service credits in the event we fail to meet the guaranteed uptime threshold. The terms of the SLA are provided separately upon request. Starter and Pro plan subscribers are not eligible for SLA service credits but will still receive our best-effort uptime commitment.

13. Intellectual Property

The Service, including all software, algorithms, designs, text, graphics, logos, and other content that is not Customer Data, is the exclusive property of Protocol Draft LLC and its licensors. All rights, title, and interest in and to the Service, excluding Customer Data and the open source Agent, are and will remain the exclusive property of Protocol Draft LLC.

The KostKube name and logo are trademarks of Protocol Draft LLC. You may not use our trademarks without our prior written consent. Nothing in these Terms grants you any right to use any trademark, trade name, service mark, or other intellectual property of Protocol Draft LLC.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. PROTOCOL DRAFT LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

PROTOCOL DRAFT LLC DOES NOT WARRANT THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

COST SAVINGS ESTIMATES AND OPTIMIZATION RECOMMENDATIONS PROVIDED BY THE SERVICE ARE BASED ON ANALYSIS OF YOUR INFRASTRUCTURE METRICS AND ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. ACTUAL SAVINGS MAY VARY. PROTOCOL DRAFT LLC MAKES NO GUARANTEES REGARDING SPECIFIC COST SAVINGS OUTCOMES.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROTOCOL DRAFT LLC, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (D) ANY OTHER MATTER RELATING TO THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF PROTOCOL DRAFT LLC TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO PROTOCOL DRAFT LLC IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100). THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF PROTOCOL DRAFT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. Indemnification

You agree to defend, indemnify, and hold harmless Protocol Draft LLC and its affiliates, officers, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property right, privacy right, or contractual right; or (d) any claim that your Customer Data caused damage to a third party. This indemnification obligation will survive the termination of these Terms and your use of the Service.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States of America, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Wyoming, USA, and you consent to the personal jurisdiction of such courts.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days' advance notice of material changes to these Terms by emailing the address associated with your account and/or by posting a prominent notice on the Service. The updated Terms will include a new effective date.

Your continued access to or use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your subscription before the effective date of the changes.

19. Contact Information

If you have any questions about these Terms, please contact us at: