Last Updated: January 30th, 2023
IF YOU DO NOT ACCEPT THE TERMS, YOU MUST NOT CLICK “I AGREE/I ACCEPT/SIGN UP” (OR THE SIMILAR BUTTON OR CHECKBOX), AND YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY PART OF THE SITE.
An individual entering into these TOU on behalf of its organization/employer, represents that he/she has the right, authority and capacity to act on behalf of the Customer and to bind the Customer to these TOU.
“Content” means any text, data, information, reports, files, images, graphics, software code, or other content.
“Platform” – means our free "Beta" and/or paid-up version of both our SaaS and local solutions that stabilize the performance, availability and cost of your Kubernetes ecosystem, and associated application programming interfaces (APIs), software, tools, and Content that we make available to you in connection therewith pursuant to Platform Terms and Conditions and, for paid users, an Order Form.
“Site” means this website (https://www.perfectscale.io), and any Content that we make available to you in connection therewith.
“Site Content” means any Content (excluding Customer Content) appearing on or in, or otherwise provided or made available via, the Site. Unless the context requires otherwise, references herein to the “Site” shall be deemed to include the Site Content.
The Site describes our Platform, which assists users in eliminating at-risk workloads and optimizing resource utilization across Kubernetes ecosystems.
3. Site Access
During the Term, we hereby grant you permission to visit and use the Site provided that you comply with these TOU and applicable law.
4. Intellectual Property Rights
PerfectScale (and/or its licensors, as applicable) is, and shall be, the sole and exclusive owner of all right, title and interest (including, without limitation, all intellectual property rights) in and to the Site, the Site Content, the Site’s data, including, without limitation, the text, software, design, graphics, photos, sounds, videos, interactive features, and services, and all reproductions, corrections, modifications, enhancements and improvements to the Site. If you contact PerfectScale with feedback data, whether orally or in writing (e.g., questions, comments, feedback data, reports, suggestions or the like), regarding the Site (“Feedback”), such Feedback shall be deemed the exclusive property of PerfectScale, and you hereby irrevocably transfers and assigns to PerfectScale all intellectual property rights to the Feedback and waives any and all moral rights or economic rights that you may have in respect thereto. PerfectScale is under no obligation to implement any Feedback it may receive from you. PerfectScale retains the right to use all publicly published delivered works for PerfectScale marketing and promotional purposes.
5. Third Party Content
The Site may enable you to communicate with third parties or view third party content. To the maximum extent permitted by law, PerfectScale shall have no responsibility or liability of any kind whatsoever for such third party content or for the policies, practices, actions or omissions of third parties.
6. Customer Content
The Site may permit the submission, uploading and transmitting through the Site, by or on behalf of Customer, of: content by you and your End Users, and other users in connection with your use of the Site (collectively, “Customer Content”). As between you and PerfectScale, you are the exclusive owner of your Customer Content. You are solely responsible for all Customer Content uploaded, entered or otherwise transmitted by you. You warrant, represent and covenant that no Customer Content infringes, misappropriates or violates the rights (including, without limitation, any copyrights or other intellectual property rights) of any person or entity or any applicable law, rule or regulation of any government authority of competent jurisdiction. You represent and warrant that you own or have the necessary rights, consents and permissions and will maintain all ongoing legal bases under relevant privacy laws (if applicable), to provide, make available, and otherwise expose Customer Content to us, our affiliates, and the hosting provider (if applicable). You will ensure that you only provide or make available to us personal data or other personally identifiable information if strictly required for you to use the Site.
We reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete and/or remove any and all Customer Content posted on the Site at any time and for any reason. To the maximum extent permitted by law, PerfectScale shall have no liability to you with respect to the Customer Content, including, without limitation, for its accuracy, legality, and quality, for ensuring your Customer Content does not violate any applicable laws or third party rights and liability with respect to any information contained in or apparent from any Customer Content.
You acknowledge that in order to provide the Site, PerfectScale may analyze the Customer Content and gain suggestions, comments, feedback and/or results through such use (collectively, “Insights”). You hereby agree that PerfectScale may use such Insights for commercial and internal business purposes, including without limitation, sharing the Insights with third parties, in order to improve and optimize the Site without any obligation (including payment or reporting obligation) to you.
7. Analytics Information
Notwithstanding any other provision of these TOU, we may collect, use and publish Analytics Information relating to you or your End Users’ use of the Site, and disclose it to provide, improve and publicize the Site and the Platform and for other business purposes. “Analytics Information” means information which does not enable the identification of an individual, such as aggregated and analytics information. PerfectScale owns all Analytics Information collected or obtained by PerfectScale.
We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these TOU, including to investigate potential violations of them; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; and/or (v) protect the rights, property or safety of PerfectScale, its users or the public.
10. Warranty Disclaimers
Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
THE SITE IS PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. PERFECTSCALE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH THE USE OF THE SITE.
PERFECTSCALE DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE, FOR EXAMPLE, FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT PERFECTSCALE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT THAT THE CONTENT AVAILABLE ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE AND/OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
YOU SPECIFICALLY ACKNOWLEDGE THAT PERFECTSCALE SHALL NOT BE RESPONSIBLE FOR THE CUSTOMER CONTENT OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL OR NEGLIGENT CONDUCT) OF ANY CUSTOMER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. PERFECTSCALE DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A CUSTOMER CONTENT, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY CUSTOMER CONTENT, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
PERFECTSCALE MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SITE OR TIMELINESS OF THE SITE IN MEETING YOUR OBJECTIVES. NO PART OF THE SITE OR ANY INFORMATION CONTAINED ON AN ACCOUNT IS INTENDED TO CONSTITUTE ADVICE BY PERFECTSCALE. WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY RELIANCE PLACED ON THE SITE OR THE ACCOUNT, AND THE CONTENTS OF THE SITE OR THE ACCOUNT, BY YOU OR ANYONE WHO YOU MAY INFORM OF ITS CONTENTS.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PERFECTSCALE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TOU OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF PERFECTSCALE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PERFECTSCALE FOR ANY DAMAGES ARISING UNDER THESE TOU OR OUT OF YOUR USE OF, OR INABILITY TO USE THE SITE EXCEED US$100.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless PerfectScale and our affiliates, respective officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; (ii) your Customer Content; (iii) your interaction with any Site customer; and/or (iv) any breach of these TOU, any violation of applicable laws and/or any infringement, misappropriation or breach of third party rights.
13. Term and Termination
These TOU shall survive until terminated by PerfectScale or by you. Upon termination of these TOU, you shall cease all use of the Site. To the maximum extent permitted by law, PerfectScale, in its sole discretion, has the right to suspend, discontinue or modify any aspect of the Site and/or terminate these TOU and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these TOU). PerfectScale shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these TOU, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to discontinue immediate use of the Site. We do not accept any liability for any termination of the Site or data that is deleted in connection therewith.
These TOU, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by PerfecScale without restriction or notification to you.
We reserve the right, at our discretion, to change these TOU at any time. Such change will be effective 10 days following posting of the revised TOU on the Site, and your continued use of the Site thereafter means that you accept those changes.
These TOU shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that PerfectScale may seek injunctive relief in any court of competent jurisdiction. These TOU, and any other legal notices published by us in connection with the Site, shall constitute the entire agreement between you and PerfectScale concerning the Site. In the event of a conflict between these TOU and any of the foregoing, the terms of these TOU shall prevail. No amendment to these TOU will be binding unless in writing and signed or otherwise executed by PerfectScale. If any provision of these TOU is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TOU, which shall remain in full force and effect. No waiver of any term of these TOU shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these TOU shall not constitute a waiver of such right or provision.