TERMS OF SERVICE

Last Modified: 2024-03-20

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.

BETWEEN:

upSpawn OÜ, a company registered in Estonia with registration number 16046688 and VAT number EE102309049, having its registered office at Sepapaja 6, Tallinn 15551, Estonia (hereinafter referred to as "Provider", "we", "our", or "us")

AND:

The user of the Service (hereinafter referred to as "User", "you", or "your")

1. DEFINITIONS AND INTERPRETATION

1.1. In these Terms of Service, the following terms shall have the following meanings:

"Service" means the Helmbay platform, a private Helm chart repository service;

"Account" means a registered user account on the Service;

"Content" means any Helm charts, data, or information uploaded to the Service;

"Terms" means these Terms of Service;

2. SERVICE AGREEMENT

2.1. Acceptance

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2.2. Eligibility

2.2.1. You must be at least 18 years of age to use the Service.

2.2.2. If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

3. SERVICE DESCRIPTION

3.1. The Service provides:

3.1.1. Private Helm chart repository hosting;

3.1.2. Chart management and distribution capabilities;

3.1.3. Access control and team management features.

3.2. Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time upon reasonable notice.

4. USER OBLIGATIONS

4.1. Account Security

4.1.1. You are responsible for maintaining the confidentiality of your account credentials.

4.1.2. You are responsible for all activities that occur under your account.

4.2. Acceptable Use

You agree not to:

4.2.1. Upload malicious content or security vulnerabilities;

4.2.2. Infringe upon intellectual property rights;

4.2.3. Violate any applicable laws or regulations.

5. FEES AND PAYMENT

5.1. Service Plans

5.1.1. We offer both free and paid service tiers as described on our pricing page.

5.1.2. Paid subscriptions automatically renew unless cancelled.

5.2. Payment Terms

5.2.1. All fees are exclusive of taxes.

5.2.2. Refunds are provided in accordance with EU consumer protection laws.

6. INTELLECTUAL PROPERTY

6.1. User Content

6.1.1. You retain all rights to content you upload to the Service.

6.1.2. You grant us a license to store and process your content as necessary to provide the Service.

7. DATA PROTECTION

7.1. GDPR Compliance

7.1.1. We process personal data in accordance with our Privacy Policy and the GDPR.

7.1.2. We implement appropriate technical and organizational measures to protect your data.

8. LIABILITY

8.1. Limitation of Liability

To the extent permitted by law, we shall not be liable for:

8.1.1. Indirect or consequential damages;

8.1.2. Loss of data or business interruption;

8.1.3. Issues caused by factors outside our reasonable control.

9. TERM AND TERMINATION

9.1. Duration

These Terms remain in effect while you use the Service.

9.2. Termination

9.2.1. You may terminate your account at any time.

9.2.2. We may terminate or suspend your access for Terms violations.

10. GOVERNING LAW

10.1. These Terms are governed by Estonian law and applicable EU regulations.

10.2. Any disputes shall be resolved in the courts of Estonia, without prejudice to mandatory consumer protection forums.

11. AMENDMENTS

11.1. We may modify these Terms with reasonable notice.

11.2. Continued use of the Service after modifications constitutes acceptance of the modified Terms.

12. CONTACT INFORMATION

For questions about these Terms, please contact:

Legal Department
upSpawn OÜ
Sepapaja 6
Tallinn 15551
Estonia
Email: legal@helmbay.com

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.