DevOpser Terms of Use

Effective Date: June 3, 2022

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"). Please read these Terms carefully before using the Platform. By using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, please do 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:

• Push button deployment of NIST CSF compliant Elastic Kubernetes Service (EKS) environments
• Automatic deployment of our website or application with a push-button repeatable process
• Customizable CI/CD pipelines for regulatory compliance and improved version control
• Internal Developer Platform (IDP) optimized for rapid deployment
• Remote AI integrated Flask development environment with OpenAI integration
• Offer Cloud Computing Integration and Deployment (CI/CD) pipelines to provide your development team to ship code early and often to your customers needs

1.2 Customization and Consultancy Services

DevOpser offers customization of the IaC scripts based on individual technical and compliance requirements at an additional fee. Customization includes but is not limited to:

• Integration of your organization's own security scanner agents
• Creation of unique OPA Gatekeeper constraintTemplates and Constraints
• Custom AWS WAF rules
• Addition of lower environments such as a Staging cluster
• Failover regions setup and DR configuration
• CICD 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, 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 the registration process and to update such information to keep it accurate and current.

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 patience and valuable feedback as we prepare for our general availability (GA) release.

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 use case modifications.
• Migration Fee: For the migration of your existing applications into the framework.
• Subscription Fee: A monthly/yearly fee for all 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 will be responsible for all fees incurred as well as the costs for any software licenses or subscriptions needed.

4. Intellectual Property

4.1 Ownership of IaC Scripts

DevOpser retains ownership of all IaC Scripts. Customers purchase the right to non-exclusively license their use in perpetuity and continue to have access to any updates and upgrades published as long as they remain a DevOpser subscriber.

4.2 Open-Source Components

All demo applications are based on open source libraries, and their use will follow the license requirements of those projects.

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, non-transferable license for as long as they maintain an active subscription.

5. Security and Compliance

5.1 Security Measures

We implement commercially reasonable technical and organizational measures to protect the Platform and your Content, taking into account the nature of the Content and the risks involved in its processing.

5.2 Compliance

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

6. Refund and Cancellation Policy

Given the nature of our services, we do not offer refunds once the work has started or the service has been rendered. For monthly or yearly subscriptions, you can cancel your subscription at any time, but no refunds will be provided for any unused portion of the current billing period.

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 1 business day. Please note that initially, all support inquiries will be handled directly by the Founder.

7.2 Service Level Agreement (SLA)

As we are in Beta, we do not offer guaranteed SLAs at this time. We will endeavor to fix critical bugs within 48 hours. Our General Availability (GA) release is expected later this year, at which point formal SLAs will be introduced.

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.

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, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Platform.

8.3 Indemnification

You agree to defend, indemnify, and hold harmless DevOpser LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

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 to the extent necessary to render it 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.