Terms of Use

Effective Date: June 2, 2024

Welcome to DevOpser

These Terms of Use (“Terms”) govern your use of the DevOpser platform (“Platform”), provided by DevOpser LLC (“Company,” “we,” “us,” or “our”). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Platform.

1. Our Services

1.1 Infrastructure as Code
DevOpser provides Infrastructure as Code (IaC) scripts that provision technical infrastructure in AWS, Terraform Cloud, and GitHub. These IaC scripts are designed to meet the compliance and security requirements of federal and enterprise compliance government and risk departments. Key features include:
– Automate deployment of your website or application with a push-button repeatable process.
– Document and navigate your software catalog, and create golden paths for your development team.
– Provide AI integrated remote development environments specially tailored to support OpenAI API integrated development with Flask.
– Offer robust Continuous Integration and Deployment (CI/CD) pipelines to enable your development team to ship code early and often, tailored to your compliance needs.

1.2 Customization and Consultancy Services

DevOpser offers customization of the IaC scripts to meet specific technical and compliance requirements at an additional fee. Customization includes but is not limited to:
– Customization of EKS node bootscripts with security scanner agents.
– Specialized OPA Gatekeeper constraintTemplates and Constraints.
– Customized AWS WAF rules.
– Addition of lower environments such as a Staging cluster.
– Failover regions setup and DR configuration.
– CI/CD pipeline customization.

We also offer application migration services to bring existing applications into the DevOpser IaC framework.

1.3 Subscription Plans

DevOpser offers subscription plans on a monthly or yearly basis. These plans include access to upgrades, maintenance, and support.

2. Use of the Platform

2.1 Eligibility

You must be at least 18 years old to use the Platform. By using the Platform, you represent and warrant that you meet this eligibility requirement.

2.2 Account Registration

To access certain features of the Platform, you may need to register for an account. You agree to provide accurate and complete information during registration and to keep your account information up to date.

2.3 Beta Program

We are currently seeking our first customers to Beta test the Platform. Beta customers will receive a reduced price in exchange for their feedback. A free trial is not available at this time.

3. Fees and Payment

3.1 Pricing Structure

– Initial Setup Fee: For setting up your vanilla environment with your parameters.
– Customization Fee: For any special requests or personalized modifications.
– Migration Fee: For migrating your existing applications into the framework.
– Subscription Fee: A monthly or yearly subscription for upgrades, maintenance, and support.

3.2 Payment Responsibility

All resources spun up by our IaC scripts will run in your AWS account, your GitHub organization, and your Terraform Cloud account. You are responsible for all incurred fees and software licenses/subscriptions needed, including but not limited to Groundcover, OpenAI API, AWS fees, GitHub, Terraform Cloud, and HCP Packer.

4. Intellectual Property

4.1 Ownership of IaC Scripts

DevOpser retains ownership of all IaC scripts. Customers purchase the right to a non-exclusive license to use these scripts in perpetuity. Upgrades and updates are available only to customers with an active monthly or yearly subscription. Customers cannot resell the IaC scripts and must give credit to DevOpser as the source of the scripts.

4.2 Open-Source Components

The Platform includes open-source components such as Backstage and Flask integrated with OpenAI for demo apps. These components are subject to their respective open-source licenses, and customers should refer to those licenses for terms of use.

4.3 Customizations and Modifications

DevOpser retains ownership of all customizations and modifications to the IaC scripts. Customers can use these scripts under a non-exclusive license in perpetuity but only receive upgrades and updates with an active subscription. Customers own all the applications they develop or migrate and are free to migrate their applications to another provider if they choose.

5. Security and Compliance

5.1 Security Measures

DevOpser implements the guidelines and recommendations of the National Institute of Standards and Technology Cybersecurity Framework (NIST CSF). We continuously improve our security posture, take all possible good faith steps to keep the platform secure, and work with auditors to address any identified security gaps.

5.2 Compliance

DevOpser strives to comply with NIST CSF, GDPR, and other applicable laws. We take action to address any identified compliance gaps in a reasonable timeframe.

6. Refund and Cancellation Policy

You can cancel your subscription at any time, and you will be charged until the end of the period you subscribed for (monthly or yearly). There is no penalty for cancellation.

7. Customer Support

7.1 Support Structure

Customer support during the Beta test program is provided via email at info@devopser.io. We commit to replying within 2 business days and addressing any issues within 10 business days. Phone/ Web-conference support is available by arrangement via email.

7.2 Service Level Agreement (SLA)

As we are in Beta, we do not offer guarantees as part of our SLA at this time. We will reevaluate our SLA for the General Availability (GA) release in alignment with customer needs.

8. Limitation of Liability

8.1 Disclaimer of Warranties

The Platform is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. DevOpser LLC does not warrant that (a) the Platform will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Platform is free of viruses or other harmful components; or (d) the results of using the Platform will meet your requirements.

8.2 Limitation of Liability

To the maximum extent permitted by law, in no event shall DevOpser LLC, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Platform; (b) any conduct or content of any third party on the Platform; (c) any content obtained from the Platform; and (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

8.3 Indemnification

You agree to defend, indemnify, and hold harmless DevOpser LLC, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Platform.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Delaware.

10. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

11. Contact Information

If you have any questions about these Terms, please contact us at info@devopser.io.

By using the DevOpser Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

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DevOpser LLC