These terms of service, together with any other agreements or terms incorporated by reference, including the Privacy Policy (available at https://kubeshark.com/privacy-policy) and the License (available at https://docs.kubeshark.com/en/license) (the “Terms”), govern your use of the Services. These Terms constitute a binding and enforceable legal contract between the Company and You. By accepting these Terms electronically, either by registering an Account or by using the Services, You agree to these Terms without modification. You represent that you are of legal age. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity and its affiliates to these Terms. If You do not agree to these Terms, You must not accept them or use the Services.
1.1. “Account” means an online account registered by You in the License Portal for the purpose of using the Services.
1.2. “Account Data” means the email address You provide when registering an Account.
1.3. “Customer Data” means any data, files, material and information submitted, uploaded or stored by You through the Services.
1.4. “Platform” means the Kubeshark deployment used for traffic observability and the Kubeshark Admin Console.
1.5. “Services” means any applications, products, services, documentation and software made available through the Platform.
1.6. “Telemetry” has the meaning given in Section 6.1.
1.7. “Third Party Service” means any service, product, software or application provided by a third party that interoperates with a Service.
1.8. “We”, “Us”, “Our”, “the Company” or “Kubeshark” means Kubeshark, Inc.
1.9. “You” or “Customer” means the individual accepting these Terms or, if accepting on behalf of a company or other legal entity, that entity and its affiliates.
2.1. Access to the Platform. Following registration of an Account and for the duration of the Term, You will have a limited, revocable, non-transferable, non-exclusive license to access and use the Services through the Platform solely for Your business activity. We may update the Services from time to time, including adding or removing functions, in Our sole discretion.
2.2. Plans and Production Use. Access to certain components of the Services depends on Your Plan, as specified in Section 4.1. Production use of the Platform requires a valid Enterprise license. Community, Pro (including Complimentary Pro), trial and POC licenses are for non-production use only. Under the Community Plan, We may provide one Complimentary Pro license per organization. We may terminate a Complimentary Pro license at any time, including if We discover an organization using more than one.
2.3. Software. Some Services may require You to download software. Where software is offered under an open source license, We will make that license available to You, and its provisions apply notwithstanding anything to the contrary in these Terms.
3.1. Obligations. You agree to: (i) comply with all applicable laws, rules and regulations, including those regarding data privacy, intellectual property and export control, and with these Terms; (ii) pay the Fees for the Services, if applicable, when due; and (iii) use reasonable security precautions when providing access to the Services to Your users, customers or others. All users must obtain a valid license from the Company before accessing or using the Platform. Use of the Platform without a valid license is prohibited.
3.2. Restrictions. You must not misuse the Services. You may not, directly or through anyone on Your behalf: (a) sell, resell or lease the Services, or access or attempt to access them by any means other than the interface We provide or authorize; (b) circumvent any access or use restrictions; (c) use the Services to store, share or transmit Customer Data that is unlawful, infringing, harmful or violates any person’s rights, including privacy and intellectual property rights; (d) attempt to disable, impair or destroy the Services or Platform; (e) reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so; (f) copy, modify, adapt, translate or create derivative works of the Services; (g) remove any proprietary notices or labels from the Services; (h) use or introduce any device, software or routine that interferes or attempts to interfere with the operation of the Services; (i) use the Services to build a similar or competitive product; (j) use the Services in any benchmark test or evaluation whose results are, or are likely to be, published or made public, without Our prior written approval; or (k) take any action to contest or infringe Our intellectual property rights.
Restrictions (e) and (f) do not apply to any component to the extent its applicable license, as listed at https://docs.kubeshark.com/en/license, expressly permits such activity.
4.1. Fees. The charges for the Services (“Fees”) will be communicated to You by digital means (e.g., email, Slack), verbally, or as specified on the Platform for the plan You select (the “Plan”). You agree to pay, and authorize the Company (or its resellers) to charge Your chosen payment method for, all applicable Fees under the Plan. Unless required by law, Fees are non-refundable.
4.2. Payment Terms. Fees are billed in advance or in arrears, monthly, yearly or at another frequency, as specified in the Plan.
4.3. Billing Information. You are responsible for keeping Your billing and contact details accurate and up to date. The Company may use a third-party billing provider. We may suspend or terminate the Services if payments are overdue.
4.4. Taxes. Fees exclude taxes, levies and duties, such as value-added, sales or use tax. We will charge taxes only where required by law.
4.5. Payment Policy. You authorize the Company, directly or through third parties, to make inquiries needed to verify Your identity or prevent fraud. This may include requesting government identification, Your date of birth, and details confirming the legitimacy of Your email or payment method. When using a billing provider’s services, You agree to comply with that provider’s policies. By providing payment details, You confirm Your authority to use that payment method and authorize Us and Our payment processor to charge the full amount for the selected Plan. All transactions are final, with no refunds or credits. We will correct any payment processing errors We identify, which may include adjusting the original charge to the correct amount.
5.1. Establishing an Account. You must register an Account in the License Portal to obtain a license and use the Services. You may have multiple Accounts.
5.2. Account Information. You must provide accurate and complete information when creating an Account and keep it up to date. You must safeguard Your Account credentials and supervise use of Your Account. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT CREDENTIALS AND FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. You must notify Us immediately of any unauthorized use of Your Account or any other security breach.
5.3. Deletion of Account. You may delete Your Account at any time. Customer Data and other information entered into the Services may be permanently deleted when You delete Your Account, except that We may retain information as required to comply with legal obligations, resolve disputes and enforce Our agreements. For the avoidance of doubt, Fees paid are not refundable if You delete Your Account.
5.4. Use of Account Data. The Company collects Account Data and uses it solely for account management, licensing, billing communications and support, as further described in Our Privacy Policy.
6.1. Telemetry. On non-Enterprise plans, the Platform sends usage telemetry (“Telemetry”) to the Company, and Telemetry cannot be disabled. Telemetry does not include captured network traffic or payloads, which remain in Your cluster at all times. You grant Us a worldwide, non-exclusive license to use Telemetry to provide, secure and improve the Services.
6.2. Responsibility for Customer Data. The Services are not intended for storage, backup or archiving. You are responsible for backing up Customer Data and for any lost or unrecoverable Customer Data.
6.3. Deletion. Within 30 days of Your request to legal@kubeshark.com, the Company will delete Your Telemetry, except as required by law.
6.4. Enterprise Plan. Under an Enterprise plan, You may configure the Platform so that no data, including Telemetry, is sent to the Company.
7.1. Ownership. Use of the Services and Platform is governed by the License (available at https://docs.kubeshark.com/en/license). Without derogating from the License, the Company and its licensors own and retain all right, title and interest in the Services and Platform, including all know-how, components, materials, software, technical innovations, modifications, enhancements and updates (including those made in response to Feedback), all intellectual property rights, and the trademarks, service marks and logos contained therein. Nothing in these Terms grants You any rights in the Services or Platform except the limited rights in Section 2 and in the License.
7.2. Feedback. If You provide any feedback, comments or suggestions (“Feedback”), You grant Us a royalty-free, fully paid-up, worldwide, perpetual and irrevocable license to use and incorporate the Feedback into the Services or any current or future products or services, without compensating or crediting You.
7.3. Trademarks; Your Rights. All trademarks are the (registered) trademarks of their respective owners. Except as set forth in Sections 6 and 7.2, nothing in these Terms grants Us any rights in Customer Data or Telemetry.
8.1. By You. You will indemnify, defend and hold harmless the Company, its affiliates, resellers, employees and agents from and against all liabilities, damages and costs (including reasonable attorneys’ fees) arising from any third-party claim alleging that Your Customer Data or Your use of the Services infringes or misappropriates a third party’s intellectual property rights, violates applicable law, or violates these Terms.
8.2. By the Company (Enterprise only). Under an Enterprise plan, the Company will defend You against any third-party claim alleging that the Platform, as provided by the Company, infringes that party’s intellectual property rights, and will pay damages finally awarded. This does not apply to claims arising from (a) modifications not made by the Company, (b) combination with products not provided by the Company, (c) use in violation of these Terms, or (d) open source components. The Company may, at its option, modify the Platform to be non-infringing, obtain a license, or terminate the license and refund prepaid unused Fees.
9.1. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO RELIABILITY OF SERVICE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL LIABILITY FOR ANY HARM OR DAMAGE CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.
9.2. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE DO NOT WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE OR FREE OF DEFECTS.
10.1. IN NO EVENT WILL THE COMPANY BE LIABLE FOR (I) INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR (II) LOSS OF PROFITS, REVENUE OR DATA, BUSINESS INTERRUPTION OR LOSS OF GOODWILL, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) US$100, OR (B) THE FEES YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
10.3. THESE LIMITATIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
11.1. Each party (the “Disclosing Party”) may disclose to the other party (the “Receiving Party”) information it considers confidential, including computer programs, user manuals, sales and marketing plans, business plans, processes, customer lists and other trade secrets (“Confidential Information”). The Receiving Party shall not disclose Confidential Information to third parties, and shall not use it except as required or permitted under these Terms. The Receiving Party shall disclose Confidential Information only to employees who need to know it for the purpose of these Terms, shall ensure they observe the obligations in this Section 11, and shall take all reasonable measures to prevent unauthorized disclosure or use.
11.2. These obligations do not apply to information that: (i) is or becomes generally available through no act or omission of the Receiving Party; (ii) was known to the Receiving Party when received, as shown by written records; (iii) is later furnished to the Receiving Party by a third party as a matter of right and without restriction on disclosure, as shown by written records; or (iv) was independently developed by the Receiving Party without reliance on the Confidential Information, as shown by written records. Notwithstanding the foregoing, all benchmarks and other information about the results of Your use of the Services and Platform, and any communications and reports prepared under these Terms, including Feedback, are the Company’s Confidential Information.
11.3. If the Receiving Party is required by law, regulation, or governmental or judicial order to disclose Confidential Information, it will, to the extent permitted, (a) promptly notify the Disclosing Party in writing, and (b) reasonably cooperate with the Disclosing Party in opposing the disclosure.
12.1. On Community and Pro plans, You grant Us permission to display Your company name and logo on Our website and in marketing materials, including Our customer list. You may withdraw this permission at any time by emailing legal@kubeshark.com, and We will remove it within 30 days.
12.2. On Enterprise plans, We will use Your name or logo only with Your prior written consent.
12.3. We will handle all mentions with respect and ensure no third-party rights are violated.
13.1. Term and Changes. These Terms commence on the date You first accept them and remain in effect until terminated or until the date specified in the Plan (the “Term”). We may update these Terms from time to time. For material changes, We will notify You by email to Your Account address at least thirty (30) days before they take effect. Other changes take effect when posted. Continued use of the Services after the effective date constitutes acceptance. If You do not agree, You must stop using the Services.
13.2. Termination. We may terminate the Services and Your Account on 30 days’ prior written notice. You may stop using the Services and delete Your Account at any time. We may suspend or terminate Your access to the Services at any time, without notice, if You do not comply with these Terms. Upon termination, Your Account will be terminated and You will no longer be able to access it.
13.3. Survival. Provisions that by their nature must survive termination to achieve their purpose shall survive, including the Intellectual Property Rights, Disclaimers of Warranties, Limitation of Liability, Confidentiality, Use Restrictions and License Compliance, Governing Law and Jurisdiction, and General sections.
These Terms are governed by the laws of the State of New York, excluding its conflict-of-laws rules, and the courts of the State of New York have jurisdiction. However, the Company or its affiliates may bring suit for payment or for injunctive relief in the country where Your entity is located. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
15.1. Export Restrictions. The Services may be subject to export laws and regulations of the United States and other jurisdictions. You will not permit users to access or use the Services in any country subject to a United States embargo, or use the Services in violation of any other export restriction. You shall not provide the Services to persons on the United States Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
15.2. Notices. Legal notices to the Company, including logo withdrawal and data deletion requests, must be sent to legal@kubeshark.com. We will send notices to You at Your Account email address.
15.3. Severability. If any provision of these Terms is held unlawful, void or unenforceable, it shall be severed from these Terms without affecting the remaining provisions, and shall be construed to reflect the parties’ original intent as closely as applicable law allows.
15.4. Waiver. No waiver by Us of any breach of these Terms shall be construed as a waiver of any preceding or subsequent breach.
15.5. Relationship. Nothing in these Terms creates any agency, partnership, trust, fiduciary relationship or joint enterprise between You and the Company.
15.6. Entire Agreement. These Terms are the entire agreement between You and the Company regarding the Services and supersede all prior agreements on the same subject. You confirm that You have not relied on any representation not expressly made in these Terms.
15.7. Assignment. You may not assign Your rights or delegate Your obligations under these Terms without the Company’s prior written consent. Any purported assignment in violation of this section is null and void.
15.8. No Third-Party Beneficiaries. There are no third-party beneficiaries to these Terms. Without limiting this section, Your users are not third-party beneficiaries of Your rights under these Terms.
Last Revised: October 21st, 2026