PROFISEA – KUBERLY PLATFORM AND SITE – TERMS OF USE
Last Revised: September __, 2025
Profisea Labs Ltd. (“Profisea”, “we”, “our”, “Company”) welcomes you (the “User(s)”, or “you”) to our automated DevOps platform (“Kuberly“, or the “Platform”) and our relevant landing page which allows registration and access to the Platform (the “Site”). Each of the Platform’s Users may use the Platform and the Site in accordance with the terms and conditions hereunder.
1. Acceptance of the Terms
By entering, connecting to, accessing or using the Platform and/or Site, you acknowledge that you have read and understood the following terms of service, including the terms of our Privacy Policy at the address [Please insert address] (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Platform and/or Site, and you acknowledge that these Terms constitute a binding and enforceable legal contract between Profisea and you. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE PLATFORM AND/OR THE SITE IN ANY MANNER.
The Platform and Site are available only to individuals who (a) are at least eighteen (18) years old; and (b) possess the legal capacity to enter into these Terms (on behalf of themselves and their organization and for the avoidance of doubt the term “you” or “User” herein includes such organization) and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms on your and your organization’s behalf and to form a binding agreement under any applicable law, to use the Platform and/or Site in accordance with these Terms, and to fully perform your obligations hereunder.
For the avoidance of doubt, any act or omission performed by you in connection with the Platform and/or the Site shall obligate your organization.
2. The Platform and the Services [Please confirm]
The Platform
Kuberly is an automated DevOps-as-a-Service online platform designed to streamline cloud infrastructure establishment and management. The Platform empowers Users to seamlessly establish, configure, and manage cloud computing environments across supported third-party cloud infrastructure providers, including Amazon Web Services (AWS) (collectively referred to as “Third Party Services” and “Environments“, respectively). Please note: we do not guarantee universal support for all Third-Party Services or their complete feature sets.
Chatbot
The Platform may include an AI-powered chatbot feature designed to assist users with various tasks, provide technical guidance, and help resolve common issues related to Platform usage and Environment management. The chatbot utilizes automated responses and machine learning algorithms to interpret user queries and provide relevant information and recommendations, based on available data. While designed to be helpful, chatbot responses may not always be accurate, complete, or suitable for your specific situation. You should verify all information and recommendations provided by the chatbot before implementing any suggested actions or configurations. The chatbot is not a replacement for professional technical consultation or expert advice. Complex infrastructure decisions, security implementations, or troubleshooting scenarios may require human expertise beyond the chatbot’s capabilities. The chatbot may learn from user interactions to improve its responses over time. Any data inputted to the Chatbot will not be used for other purposes, including AI model training or improvement, and will not be shared with third parties except as necessary to provide support or as otherwise permitted under the Terms. However, you should not share sensitive information, credentials, proprietary data, or confidential business information through chatbot interactions.
Professional Services
We may also provide, if identified in your Subscription (as defined below) or under a separate work order to be executed between Kuberly and yourself and signed by both parties, certain professional services including but not limited to technical support and DevOps services. The specific scope, deliverables, timelines, and pricing for such professional services would be subject to the terms and conditions of the applicable Subscription or work order, which shall be incorporated herein by reference. Fees due for such services are considered part of the Subscription Fees (as defined below) and the relevant terms herein shall apply to them.
Professional services, including DevOps and support services, are provided on an “as is” and “as available” basis, and Profisea does not guarantee that all issues will be resolved or that the services will meet any specific requirements or expectations. Reliance on any advice or information provided as part of the DevOps support services is at User’s sole risk, and Profisea shall not be liable for any damages or losses arising from or in connection with the provision or use of such services.
The Site
The Site provides information relating to the Platform and allows Users to sign-up and access the Platform.
Platform, Content and Services
The Platform and Site include, inter alia, content such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Platform and Site, algorithms, source and object code, interface, GUI, interactive features, related graphics, illustrations, drawings, animations, and other features obtained from or through the Platform (collectively, the “Content“).
The term “Platform” or “Kuberly” includes any and all software code, compilation of data, chatbots, API/plug-ins, algorithms, utility, functionalities, dashboards, utility, application programming interface, GUI, tools, visual display resulting from the operation of the Platform, any associated materials, equipment, systems, specifications, reports, analytics capabilities, any service provided via the Platform, updates, upgrades, modifications, customizations or new versions thereof and, unless context requires otherwise, any associated documentation.
All services, whether provided via the Platform (including the chatbot functionality and automated features), support or other professional services, shall hereinafter be collectively referred to as the “Services“.
WHILE PROFISEA PROVIDES TOOLS TO MANAGE YOUR CLOUD INFRASTRUCTURE, YOU REMAIN SOLELY RESPONSIBLE FOR IMPLEMENTING APPROPRIATE DATA BACKUP, DISASTER RECOVERY, AND SECURITY MEASURES WITHIN YOUR THIRD PARTY SERVICE ENVIRONMENTS. PROFISEA DOES NOT PROVIDE DATA BACKUP SERVICES AND IS NOT RESPONSIBLE FOR ANY DATA LOSS, CORRUPTION, OR SECURITY BREACHES THAT MAY OCCUR WITHIN YOUR THIRD PARTY SERVICE ENVIRONMENTS.
THE PLATFORM’S AUTOMATED FEATURES ARE DESIGNED TO SIMPLIFY INFRASTRUCTURE MANAGEMENT; HOWEVER, AUTOMATED ACTIONS MAY NOT ALWAYS ALIGN WITH YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS. YOU SHOULD REGULARLY REVIEW AND MONITOR ALL AUTOMATED CONFIGURATIONS, DEPLOYMENTS, AND CHANGES MADE THROUGH THE PLATFORM. PROFISEA IS NOT LIABLE FOR ANY UNINTENDED CONSEQUENCES, SERVICE DISRUPTIONS, OR COSTS RESULTING FROM AUTOMATED ACTIONS PERFORMED THROUGH THE PLATFORM.
THIRD PARTY SERVICE PROVIDERS MAY MODIFY THEIR APIS, FEATURES, PRICING, OR TERMS OF SERVICE AT ANY TIME WITHOUT NOTICE TO PROFISEA. SUCH CHANGES MAY IMPACT THE PLATFORM’S FUNCTIONALITY OR COMPATIBILITY WITH SPECIFIC THIRD PARTY SERVICES. PROFISEA MAKES NO GUARANTEES REGARDING CONTINUED COMPATIBILITY AND RESERVES THE RIGHT TO MODIFY OR DISCONTINUE SUPPORT FOR ANY THIRD PARTY SERVICE WITHOUT PRIOR NOTICE.
WHILE THE PLATFORM IS DESIGNED TO SIMPLIFY DEVOPS MANAGEMENT, USERS SHOULD POSSESS SUFFICIENT TECHNICAL KNOWLEDGE TO UNDERSTAND THE IMPLICATIONS OF INFRASTRUCTURE DECISIONS MADE THROUGH THE PLATFORM. USERS ARE RESPONSIBLE FOR ENSURING THAT THEIR INFRASTRUCTURE CONFIGURATIONS MEET THEIR SPECIFIC BUSINESS, SECURITY, AND COMPLIANCE REQUIREMENTS.
PROFISEA MAY PROVIDE CERTAIN FEATURES OF THE PLATFORM, WHICH ARE IN THEIR ALPHA OR BETA VERSIONS AND ARE UNDERGOING ADDITIONAL DEVELOPMENT AND TESTING EFFORTS. THEREFORE, SUCH FEATURES MAY SUFFER DISRUPTIONS, MAY CONTAIN BUGS AND MAY NOT OPERATE AS DESIGNATED OR INTENDED. WITHOUT DEROGATING FROM THE GENERALITY OF THESE TERMS, PLEASE NOTE THAT SUCH FEATURES ARE PROVIDED ON AN “AS-IS” BASIS AND PROFISEA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT THERETO, AND THAT YOUR USE OF SUCH FEATURES IS AT YOUR OWN RISK AND CONSTITUTES YOUR AGREEMENT TO PARTICIPATE IN THE TESTING OF SUCH FEATURES.
THE OPERATION OF THE PLATFORM IS DEPENDENT ON INTEGRATION WITH THIRD PARTY SERVICES, AND AS SUCH PROFISEA CANNOT GUARANTEE THAT SUCH INTEGRATION WILL BE ERROR FREE AND THAT ANY INFORMATION DERIVED FROM OR SENT TO SUCH THIRD PARTY SERVICES AND/OR ANY ACTION TAKEN BY THE USER IN CONNECTION WITH ANY THIRD PARTY SERVICE WILL BE ACCURATE OR ERROR FREE. PROFISEA DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY AND/OR DAMAGES INCURRED AS A RESULT OR IN CONNECTION WITH ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE PLATFORM OR ANY INFORMATION AVAILABLE THROUGH THE SERVICE. ANY INTEGRATION WITH THIRD PARTY SERVICES IS ENTIRELY AT YOUR OWN RISK.
USE OF THE PLATFORM MAY AFFECT THE THIRD PARTY SERVICES AND THE ENVIRONMENTS YOU INTEGRATE WITH THE PLATFORM. BY ACCEPTING THESE TERMS AND PROVIDING INSTRUCTIONS TO THE PLATFORM, OR BY USING ANY FUNCTIONALITY OF THE PLATFORM, THE USER AND ANYONE ON ITS BEHALF, REPRESENT THAT THEY ARE AWARE OF THE EFFECTS OF SUCH INSTRUCTIONS OR USE OF FUNCTIONALITY ON THE APPLICABLE THIRD PARTY SERVICE AND THEIR ENVIRONMENTS AND ASSUME THE RISKS ASSOCIATED THEREWITH.
ALL RIGHTS IN AND TO THE PLATFORM AND/OR SITE AND/OR THE SERVICES AND THE CONTENT AVAILABLE ON THE PLATFORM AND/OR SITE ARE RESERVED TO PROFISEA OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE PLATFORM, SITE, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. YOUR USE OF THE SERVICES AND/OR THE PLATFORM AND/OR SITE AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.
Note: You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Platform, according to the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time.
3. Registration and User Account
You must register and create an account (“Account”) in order to access the Platform and use the Services. Registration can be done by completing the registration process on the Platform, which requires you to share with us certain Personal Information (as such terms is defined in the Privacy Policy).
Your Account is password protected. We may implement multi-factor authentication (MFA) security measures to protect your Account, and by using the Platform, you expressly consent to receiving authentication messages, codes, and security notifications via SMS, email, push notifications, or other communication methods as part of these enhanced security protocols. In order to protect the security of your Personal Information available on your Account, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate.
You are solely and fully responsible for maintaining the confidentiality of the password and Account and for all activities that occur under your Account. If we in good faith believe you have created an Account impersonating another person, such Account may expose you to civil and/or criminal liability.
You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of the Company. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such events, you must change your password immediately by (a) the settings of your Account or (b) sending us an email to [email protected]. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your Account or any other breach of security.
If you wish to either change your log-in details, or cancel and remove your Account, please refer to [email protected]. Your Account on the Platform will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account.
CANCELLING OR TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
4. Fees
If you have rightfully obtained access to the Platform through one of our authorized resellers, this Section 4 does not apply to you. Instead, the payment terms will be specified in your agreement with the respective reseller.
Subscription Fees and Payment Terms
Use of the Platform and Services requires payment of subscription fees as specified on our pricing page available on the Site and as selected by you during the subscription purchase process (the “Subscription” and “Subscription Fees“, respectively). You acknowledge that different subscription tiers may offer varying features, usage limits, limitations on seats and pricing structures as detailed on our pricing page.
Payment Responsibility and Methods
It is your sole responsibility to ensure that Profisea maintains current and valid payment method information on file for your account, including for all consolidated or linked accounts under your organization. You must ensure timely payment of all Subscription Fees and related charges as they become due.
Billing Cycles and Automatic Renewal
Subscription Fees are billed in advance on a recurring basis according to your selected billing cycle (monthly, annually, or other period as specified in your chosen Subscription plan), commencing from your initial Platform registration or Subscription activation date. Your Subscription will automatically renew at the end of each billing period based on your selected renewal cycle unless you cancel prior to the renewal date and you hereby consent to such renewal. You may terminate your Subscription at any time by providing written notice to us; however, termination will take effect at the end of your current Subscription term and you are obligated to pay all Subscription Fee for the remainder of that term.
Non-Refundable Fees and Payment Terms
All Subscription Fees and other amounts paid are non-refundable and must be made without any right of set-off, deduction, or counterclaim, except as may be required by applicable law. All amounts payable under these Terms are exclusive of all sales, use, value-added, withholding, and other taxes, duties, levies, or governmental charges of any nature, except for taxes based upon Profisea’s net income, which shall be your responsibility to pay in addition to the Subscription Fees. All payments are quoted and must be paid in United States Dollars unless otherwise specified. Any overdue amounts shall accrue interest daily until paid in full at the lesser of: (i) one and one-half percent (1.5%) per month; or (ii) the maximum rate permitted under applicable law.
Pricing Changes
Profisea reserves the right to modify Subscription Fees for the Platform at any time in its sole discretion. Pricing changes will not affect your current paid Subscription period or any prepaid fees already remitted. For existing Accounts, we will provide at least thirty (30) days’ advance written notice via email of any pricing changes before they take effect. Your continued use of the Platform after such notice period constitutes acceptance of the new pricing terms, which will apply to subsequent billing cycles.
Payment Defaults and Account Suspension
If you fail to pay any Subscription Fees when due, if your payment method is declined or fails to process, or if you do not update your payment information following our request, Profisea may, at its discretion: (i) suspend your access to the Platform or any premium features; (ii) downgrade your account to a free tier (if available); or (iii) terminate your account entirely, until all outstanding amounts are paid in full and your payment method is updated.
Third-Party Payment Processing
Subscription Fee payments are processed through third-party online payment service providers (“Payment Processors“), which may include credit card processors, digital wallet services, and banking partners. Profisea may add, remove, or change Payment Processors in its sole discretion without prior notice. Payment Processors enable secure online payments using credit cards, debit cards, bank transfers, or other accepted payment methods. These Payment Processors are independent contractors with no employment, agency, or partnership relationship with Profisea. Profisea does not control and is not affiliated with such Payment Processors beyond the contractual arrangements necessary to process your payments. You acknowledge and agree that: (i) Profisea is not responsible for the actions, performance, security practices, or failures of any Payment Processor; (ii) your use of Payment Processors is at your own risk; (iii) you must comply with all terms of service, privacy policies, and other requirements imposed by the Payment Processors; and (iv) you assume all risks associated with conducting transactions through Payment Processors, including but not limited to data security, transaction processing delays, and payment disputes.
Free Trial
We may, at our sole discretion, offer a free trial subscription to the Platform (“Free-Trial”), however the features made available to Users of the Platform under the Free-Trial model, may be limited. The Free-Trial period will be stipulated on our Site, or otherwise agreed with you in writing. We may impose, at any time and at our sole discretion, restrictions on the use of Platform and the Services under the Free-Trial model, including limitation on the availability of to certain features of the Platform, limitations on the period of the Free-Trial period and so forth. Furthermore, we reserve the right to cease the provision of Free-Trials, at any time and at our sole discretion, including with respect to existing Free-Trial Accounts, and to provide the Platform solely on a payment-based model. Notwithstanding anything to the contrary in these Terms, during the Free-Trial period the Platform is provided on an “as is” and “as available” basis without any warranty whatsoever and we will have no warranty, indemnity, support, or other obligations or liabilities with respect to the Free-Trial. Please note: upon termination or expiration of your Free-Trial, for any reason, you will lose access to the Platform and all data and functionality therein.
5. Third Party Services [Please confirm]
Third Party Service Integration and Data Handling
The Platform enables Users to integrate their Third Party Service accounts with the Platform, thereby allowing the retrieval and analysis of certain technical and operational data from such accounts and to provide configuration instruction and scripts to such accounts. The Platform derives only metadata, performance metrics, configuration details, and other technical data relating to the integrated Third Party Services. Such integration does not grant Profisea access to any source code, proprietary code, application data, customer information, or other confidential business data, or data included in databases stored within your actual cloud Environments or infrastructure instances.
Third Party Service Terms and Liability
Third Party Services are provided and maintained by independent third-party providers who are not affiliated with, controlled by, or under the direction of Profisea. Any integration with and data derived from Third Party Services is subject to the applicable Third Party Service provider’s terms of use, privacy policies, service level agreements, and other governing documents. If you do not agree to the practices, terms, or policies described in such Third Party Service agreements, you cannot use the Platform’s integration features. Profisea is not responsible and assumes no liability for your use of such Third Party Services, the data retrieved from such services, or any consequences arising from such integration.
Data License and Usage Rights
When you integrate Third Party Services with the Platform, you grant Profisea a non-exclusive, royalty-free, and worldwide license to store, process, and use the technical data and metadata derived from such Third Party Services in connection with providing you the Services, or as otherwise required by law. Profisea may also aggregate such data in a manner that removes all identifying information and use such anonymized, aggregated data to develop, enhance, and improve the Services, and conduct research and development activities.
You represent and warrant that: (i) you are the rightful owner of any Third Party Service account(s) that you link to the Platform, or that you have obtained and will continue to maintain all necessary licenses, rights, consents, permissions, and authorizations from the rightful owners of such Third Party Service account(s); (ii) it is lawful under all applicable laws, regulations, and contractual obligations for you to provide Profisea with access to your Third Party Service accounts and data; and (iii) your authorization for Profisea to retrieve technical data and metadata from your Third Party Services does not violate any applicable laws, regulations, privacy requirements, third party rights, data protection laws, or contractual restrictions.
Platform Instructions and Automation Authority
You may use the Platform to provide instructions and commands relating to your Third Party Services, including but not limited to the establishment, configuration, migration, scaling, or deletion of Environments, and the control or optimization of infrastructure components provided via the Third Party Services. You understand and expressly agree that you are solely responsible for such uses of the Platform and all consequences of transmitting instructions to Third Party Services through the Platform. Profisea will not bear any liability for any loss, damage, cost, downtime, data loss, or expense that you may suffer or incur as a result of or in connection with such instructions and your use of Third Party Services (whether via the Platform or otherwise).
You hereby expressly authorize Profisea, through your use of the Platform, to analyze your Third Party Service configurations, modify settings and configurations of your Third Party Services and Environments, and perform additional optimization, maintenance, and management actions relating to your Third Party Services and Environments on your behalf, all in accordance with your selected preferences and Platform settings. You represent and warrant that you have the full legal authority to authorize Profisea to provide instructions, commands, and automated directives to your Third Party Services on your behalf.
Third Party Service Responsibility and Procurement
It is hereby expressly clarified that you maintain full and sole responsibility for all aspects related to Third Party Services. You are exclusively responsible for directly purchasing, subscribing to, or otherwise obtaining access to all necessary Third Party Services (such as AWS instances, storage solutions, networking services, database services, security services, and any other cloud infrastructure components) from the respective service providers. Except as expressly set forth in a separate written agreement executed between Profisea and yourself (or the organization on whose behalf you operate), Profisea does not act as a reseller, intermediary, billing agent, or procurement facilitator for any Third Party Services. Additionally, your utilization of Third Party Services is undertaken entirely at your own discretion, responsibility, and risk, including all decisions related to service configuration, resource allocation, data management, security implementations, compliance requirements, backup procedures, and operational procedures within these external platforms.
For the avoidance of doubt, your access to and use of Third Party Services is governed exclusively by the terms and conditions, service agreements, privacy policies, acceptable use policies, service level agreements, and any other contractual arrangements established directly between yourself (or your organization) and the respective Third Party Service providers. Profisea is not a party to these agreements and assumes no obligations, responsibilities, or liabilities arising from such arrangements. The Platform serves solely as an interface, management tool, and automation layer to facilitate your interaction with your independently procured Third Party Services.
Profisea does not assume responsibility for the availability, performance, security, compliance, billing, data integrity, service interruptions, or any other aspects of the Third Party Services themselves. You acknowledge and agree that any issues, disputes, claims, outages, security incidents, billing disputes, or liabilities arising from or related to the Third Party Services must be resolved directly with the applicable service providers, and that Profisea shall not be held liable for any consequences, damages, losses, or expenses resulting from your use of or relationship with such Third Party Services. PROFISEA TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY THIRD PARTY SERVICE OR YOUR USE THEREOF.
Optional Third Party Service Procurement
Notwithstanding the foregoing, Profisea may, in its sole discretion and subject to separate written agreements, enable you to purchase or subscribe to certain Third Party Services through the Platform on your behalf. Such arrangements, if available, shall be governed by separate procurement agreements between you and Profisea, which shall specify the terms, conditions, pricing, and responsibilities applicable to such services.
6. Integration with Uniskai Platform
Kuberly and Uniskai are two distinct but complementary platforms both operated and maintained by Profisea. These platforms are architecturally designed to work in conjunction with one another to provide enhanced functionality and a more comprehensive user experience. If you are a user of Uniskai, you acknowledge and expressly agree that certain information, data, and account details may be transferred, synchronized, or shared between the Kuberly and Uniskai platforms to enable integrated functionality, cross-platform features, and enhanced service delivery. For the avoidance of doubt you use of Uniskai is subject to Uniskai separate and independent terms of use. By using either platform when you are a user of both services, you consent to the processing and transfer of your data between Kuberly and Uniskai.
7. Updates
Profisea may provide upgrades, updates, patches, new features, functionality enhancements, and/or fixes to the Platform from time to time and at its sole discretion. Please note that certain new features may incur additional fees.
8. Use Restrictions
There are certain conducts which are strictly prohibited when using the Site, Platform and the Services. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Profisea’s sole discretion) in the termination of your Account and use of the Platform and/or Site and/or Content and/or the Services and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by Profisea, you may not (and you may not permit anyone to): (a) use the Platform and/or Site and/or the Services and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Platform and/or Site and/or the Services to generate or send unsolicited communications, advertising, chain letters, or spam or to solicit other Users; (c) remove or disassociate, from the Content and/or the Platform and/or Site any restrictions and signs indicating proprietary rights of Profisea or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Platform and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Platform and/or Site or the servers or networks that host the Platform, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your website, your business or any statement you make, or present false or inaccurate information about the Services; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Platform and/or Site; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Platform and/or Site and/or Content made accessible by Profisea on or through the Services, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (i) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Profisea’s proprietary rights, including Profisea’s Intellectual Property (as such term is defined below), in any way or by any means; (j) make any use of the Content on any other website or networked computer environment for any purpose without Profisea’s prior written consent; (k) create a browser or border environment around Profisea Content (no frames or inline linking is allowed); (l) sell, license, or exploit for any commercial purposes any use of or access to the Platform and/or Site and/or the Services and/or Content ; (m) frame or mirror any part of the Platform and/or Site without Profisea’s prior express written authorization; (n) create a database by systematically downloading and storing all or any of the Content from the Platform and/or Site; (o) transmit or otherwise make available in connection with the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (p) use the Service for any purpose for which it is not intended; and/or (q) provide Profisea with false Personal Information or payment method; (r) and/or infringe and/or violate any of the Terms. Furthermore, if you are a competitor of Profisea, or operate on behalf of a competitor of Profisea, you may not use and/or access the Platform, including by way of a Free-Trial; and if Profisea reasonably suspects that you are a competitor of Profisea, or operate on behalf of a competitor, it may suspend or terminate your Account and access to the Platform immediately and at its sole discretion.
9. Contacting us via the Site
In order to contact us, you will need to send us an email of your inquiry and contact information to [email protected].
10. Privacy Policy
We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Platform and/or the Site. Our policy and practices and the type of information collected are described in detail in our Privacy Policy at [Please insert link] which is incorporated herein by reference. You agree that Profisea may use personal information that you provide or make available to Profisea in accordance with the Privacy Policy. If you intend to access or use the Platform you must first read and agree to the Privacy Policy.
11. Intellectual Property Rights; Scripts; Open Source
License to use the Platform
Subject to the terms hereof, Profisea hereby grants to you, during your Subscription term, and you accept, a limited, nonexclusive, non-transferable, non-sublicensable and revocable right to use the Platform, and the Content provided in the Platform in accordance with the terms contained in these Terms.
Templates, Scripts, and Software Components [Please Confirm]
As part of your use of the Platform, Profisea may provide you with pre-configured templates for Environment designs and configurations, deployment scripts, automation tools, infrastructure blueprints, and certain open source software components (collectively, “Templates and Components“). Such Templates and Components will be automatically implemented, deployed, and installed in your Third Party Service account as part of the Platform’s functionality, and by using the Platform, you expressly consent to such automatic implementation and instruct Profisea to perform these installations and configurations on your behalf through your integrated Third Party Service accounts.
Profisea hereby grants you a perpetual, non-exclusive, royalty-free, non-sublicense, non-transferable license to use, modify, customize, and adapt the Templates and Components solely in connection with your Third Party Service accounts. This license is limited to your internal business operations and infrastructure management purposes and does not include the right to use such Templates and Components independently of your Third Party Service environments, to redistribute, sublicense, or resell such materials to third parties, or to use them in any commercial offering or service bureau capacity.
Open Source Software and Third Party Components [Please Confirm]
Certain Templates and Components may include or incorporate open source software components that are subject to various open source licenses, namely MIT, BSD or Apache open source licenses (“Third Party Components“). A comprehensive list of Third Party Components utilized within the Platform is available through the Platform interface or its accompanying Documentation and will be updated from time to time to reflect changes and additions. Your right to use such Third Party Components as part of the Platform is subject to any applicable acknowledgements, attribution requirements, and license terms accompanying such Third Party Components. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the specific licensing terms of the Third Party Components shall prevail and take precedence in connection with the related Third Party Components. Notwithstanding anything in these Terms, such Third Party Components are provided on an “AS IS” basis without any warranty of any kind and shall be subject to any and all limitations, conditions, disclaimers, and requirements mandated by the respective third-party licensors. Under no circumstances shall the Platform or any portion thereof (except for the Third Party Components contained therein) be deemed “open source” or “publicly available” software. The licenses of certain Third Party Components may require the provision of the source code of these Third Party Components, and you may request and obtain a complete machine-readable copy of their corresponding source code by contacting Profisea at: [email protected].
Intellectual Property
The Platform, the Site, the Content, the Services, Templates and Components (except open source components included therein), the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trademarks, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors. The Terms do not convey to you an interest in or to the Company’s Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to Profisea (“Feedback“), Profisea shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Profisea current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential.
12. Trademarks and Trade names
Profisea’s marks and logos and all other proprietary identifiers used by the Company in connection with the Platform (“Company Trademarks“) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Platform belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
13. Linking to and from Profisea’s Site
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by Profisea, and does not portray Profisea in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to Profisea’s Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.
Certain links provided herein permit our Users to leave the Site and/or Platform and enter non-Profisea websites or services. Those linked websites and services are provided solely as a convenience to you. These linked websites and services are not under the control of Profisea and it is not responsible for the availability of such external websites or services, and does not endorse and is not responsible or liable for any content advertising, products or other information on or available from such linked websites and services or any link contained in linked website or service. Your access to, use of and reliance upon any such websites, services and content and your dealings with such third parties are at your sole risk and expense. Profisea reserves the right to terminate any link at any time. You further acknowledge and agree that Profisea shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked website or resource. Most of such linked websites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable to read such documents carefully before using those websites and services, inter alia, in order to know what kind of information about you is being collected.
14. Availability
The Site and Platform and their availability and functionality depends on various factors, such as communication networks and the availability of third party services. Profisea does not warrant or guarantee that the Site and/or Platform will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
15. Disclaimer of Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, AND OTHER THAN EXPRESSLY SET FORTH HEREIN, THE SITE, THE PLATFORM, THE SERVICES, THE TEMPLATES AND COMPONENTS AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS, AND PROFISEA, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS, SUPPLIERS (COLLECTIVELY, “PROFISEA’S REPRESENTATIVES“), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, AVAILABILITY, THE QUALITY OF THE SERVICES OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
OTHER THAN EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT THAT (I) THE USE AND OPERATION OF THE SITE AND/OR THE PLATFORM AND/OR THE SERVICES AND/OR THE TEMPLATES AND COMPONENTS AND/OR THE CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT PROFISEA WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE AND/OR THE PLATFORM AND/OR THE SERVICES AND/OR THE TEMPLATES AND COMPONENTS AND/OR THE CONTENT, AND (III) THE SITE AND/OR THE PLATFORM AND/OR THE SERVICES AND/OR THE TEMPLATES AND COMPONENTS AND/OR THE CONTENT WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND PROFISEA AND PROFISEA’S REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS.
PROFISEA TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY THIRD PARTY SERVICES, FOR ANY LOSS OR DAMAGE THERETO OR FOR ANY LOSS OR DAMAGE OCCURRED IN THE THIRD PARTY SERVICES. WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN PROFISEA.
16. Limitation of Liability
PROFISEA AND PROFISEA’S REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT, OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, PROFITS, REVENUE, DATA, BUSINESS INTERRUPTION, LOSS OF USE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING HEREUNDER, RESULTING FROM, OR ARISING OUT OF THESE TERMS, THE SITE, PLATFORM, CONTENT, TEMPLATES AND COMPONENTS, SERVICES, OR THIRD PARTY SERVICES, YOUR USE OF OR INABILITY TO USE OR THE FAILURE OF THE FOREGOING. THIS LIMITATION APPLIES REGARDLESS OF WHETHER PROFISEA (OR PROFISEA’S REPRESENTATIVES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, PROFISEA’S AND PROFISEA’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES, CLAIMS, OR CAUSES OF ACTION WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, SITE, CONTENT, THE TEMPLATES AND COMPONENTS, SERVICES AND/OR THIRD PARTY SERVICES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL BE LIMITED TO THE TOTAL AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO PROFISEA IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT THAT GAVE RISE TO SUCH LIABILITY. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THESE LIMITATIONS SHALL APPLY EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
17. Indemnification
You agree to defend, indemnify and hold harmless Profisea, including Profisea’s Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your violation of any of these Terms; (ii) the Third Party Services; and/or (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Site, Platform, Content, Services and/or the Templates and Components. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
18. Changes to the Site/Platform
Profisea reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Site and/or Platform (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under the Site and Platform may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Profisea shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform or the Content included therein. You hereby agree that Profisea is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
19. Termination; Suspension of your Account
These Terms shall remain in effect until the expiration of your Subscription term (with respect to the Platform) or until terminated as set forth herein. You may terminate these Terms only at the end of your current Subscription term by providing thirty (30) days’ prior written notice to Profisea, unless otherwise expressly set forth in your specific Subscription terms or a separate written agreement between the parties.
Profisea may immediately, and without prior notice, temporarily or permanently limit, suspend, or terminate your use of the Platform (and these terms) and/or the Site and/or deny access to your Account for: (a) your breach of these Terms; (b) non-payment of Subscription Fees when due; (c) fraudulent, abusive, or illegal activity; (d) violation of applicable laws or regulations; or (e) as required by law, court order, or regulatory authority. Profisea may, but is not obligated to, provide notice of such suspension or termination.
Profisea may, at its sole discretion and without prior notice, cease operation of the Site, Platform, and/or Services (or any portion thereof), whether temporarily or permanently, and may delete, modify, or discontinue any information, Content, or features. You acknowledge that Profisea assumes no responsibility for any consequences arising from such discontinuation, including loss of data or access.
Upon termination of these Terms for any reason: (i) you remain liable for all unpaid Subscription Fees accrued through the termination date, which fees are non-refundable; (ii) all rights and licenses granted to you hereunder automatically terminate; (iii) you must immediately cease all use of the Site and Platform and, if requested, certify such cessation to Profisea; and (iv) you will lose access to the Platform and all data therein, provided that Profisea will allow you to retain any Templates and Components previously deployed to your Third Party Services, enabling you to continue using such infrastructure deployment templates independently of the Platform.
Termination of these Terms shall not affect any party’s accrued rights or remedies, including Profisea’s right to collect unpaid fees and pursue available legal remedies. The provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: payment obligations, intellectual property rights, disclaimers, limitation of liability, indemnification, and dispute resolution provisions.
20. Amendments to the Terms
Profisea may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an email (to the extent that you provided us with such email address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via email, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Platform on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
21. General
(a) Entire Agreement. These Terms constitute the entire agreement between you and Profisea relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Profisea regarding the Platform, Site, and Services. (b) Governing Law. Any claim relating to these Terms and/or the Platform, Site, Services, or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles, and the United Nations Convention on Contracts for the International Sale of Goods shall not apply. Any dispute arising out of or related to the Platform, Site, Services, or these Terms will be brought in, and you hereby consent to the exclusive jurisdiction and venue of, the competent courts of Tel Aviv-Jaffa, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non conveniens and agree that process may be served in any manner authorized by applicable law or court rule. Notwithstanding the foregoing, Profisea may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information. (d) No Partnership. These Terms do not, and shall not be construed to, create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. (e) No Waiver; Headings. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. (f) Statute of Limitations. YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE PLATFORM, SITE, SERVICES, OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. (g) Severability. If any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein. (h) Assignment. You may not assign, transfer, or delegate these Terms (including all rights and obligations hereunder) without Profisea’s prior written consent, and any attempt to do so in violation of the foregoing shall be null and void. Profisea may assign, transfer, or delegate these Terms, in whole or in part, without restriction or prior notification to you, including in connection with any merger, acquisition, reorganization, or sale of assets. (i) Amendments. No amendment, modification, or supplement to these Terms will be binding unless in writing and signed by an authorized representative of Profisea. (j) Force Majeure. Neither party shall be liable for any failure or delay in performance under these Terms which is due to acts of God, war, terrorism, epidemic, pandemic, fire, flood, earthquake, government regulations, disasters, strikes (except those involving the party’s own employees), or other causes that are beyond the reasonable control of such party.
22. For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an email to [email protected].