ClusterSentry Terms of Service
These Terms of Service ("Terms") are an agreement between you and Tyler Pierce, doing business as ClusterSentry ("ClusterSentry", "we", "us"). They cover your use of the ClusterSentry website, dashboard, gateway, node agent, and Proxmox plugin (together, the "Service"). By creating an account, installing the agent, or using the Service, you agree to these Terms. If you are accepting them for a company or other organization, you confirm that you have authority to bind it; in that case "you" means that organization.
1. What the Service is
ClusterSentry lets you reach and monitor Proxmox VE clusters that you own or operate. A software agent that you install on your nodes opens an encrypted outbound connection to our gateway. We relay your authorized sessions through that connection and collect health and usage metrics to show in your dashboard and alerts.
We do not own, host, operate, back up, or control your servers, virtual machines, containers, storage, or networks ("Your Infrastructure"). Your Infrastructure is always your responsibility.
2. Eligibility
- You must be at least 18 years old.
- The Service is intended for business and professional use by customers in the United States.
- You may not use the Service if you are barred from doing so under applicable law.
3. Your account
- Give accurate information and keep it up to date.
- Keep your credentials, passkeys, MFA devices, and agent enrollment tokens secure.
- You are responsible for all activity under your account and organization, including actions taken by the users you invite.
- Tell us promptly at support@clustersentry.com if you suspect unauthorized access.
4. Your responsibilities for Your Infrastructure
You confirm that you have the right to install the agent on each node you enroll, and the right to allow access to it through the Service.
The agent runs with elevated privileges on your nodes. Actions performed through the Service take effect on Your Infrastructure. These include starting, stopping, or changing virtual machines and containers, and changing configuration. You alone are responsible for those actions and their results.
You are responsible for:
- keeping independent backups;
- your own security controls, access permissions, and patching;
- complying with any laws that apply to the data stored on or processed by Your Infrastructure.
The Service is not a backup, disaster-recovery, or high-availability product.
5. Acceptable use
You will not:
- use the Service to access systems you are not authorized to access;
- use it to break the law, or to store or transmit malicious code;
- probe, scan, or test the vulnerability of the Service without our written permission;
- interfere with or disrupt the Service or other customers;
- resell, sublicense, or provide the Service to third parties, except to users within your own organization;
- reverse engineer the Service, except where the law expressly allows it;
- try to get around plan limits, usage limits, or security controls.
6. Free trial, plans, and payment
Free trial
- New organizations may receive a free trial for the period shown at signup. The trial requires no payment card and comes with the limits shown for the trial.
- When the trial ends, access to managed clusters is paused until you choose a paid plan.
- We may change or end trial offers at any time.
Billing
- Paid plans are billed in advance, on a recurring monthly basis.
- Payments are processed by our payment processor, Stripe. By subscribing, you authorize recurring charges to your payment method until you cancel.
Cancellation
- You can cancel at any time from the billing portal.
- Cancellation takes effect at the end of the current billing period, and you keep access until then.
Refunds
- Fees are non-refundable, except where the law requires a refund.
Price changes
- We will give you at least 30 days' notice by email before a price change applies to your subscription.
- The new price takes effect at your next renewal after the notice period.
- If you don't agree to the new price, you may cancel before it takes effect.
Late or failed payment
- If a payment fails or your account is past due, we may place the account on hold until payment is made. While on hold, access to your clusters is limited.
Taxes
- Prices do not include taxes. You are responsible for any applicable taxes.
7. Your data
"Customer Data" means the information you or Your Infrastructure send to the Service, including account details, cluster and node information, and metrics.
- You own Customer Data.
- You give us permission to host, process, transmit, and display Customer Data only as needed to provide, secure, and support the Service, and to comply with the law.
- Our Privacy Policy explains how we handle personal information.
- We do not sell Customer Data, and we do not use it for advertising.
Feedback
- If you send us ideas or feedback, we may use them without any obligation to you.
8. Service changes and availability
We may change, add, or remove features.
We aim to keep the Service available, but we do not guarantee uninterrupted or error-free operation. It may be unavailable because of:
- maintenance;
- failures of third-party providers;
- network conditions;
- events outside our control.
We do not offer a service level agreement unless we have signed a separate written agreement with you.
9. Suspension and termination
Termination by you
- You may stop using the Service and close your account at any time.
Suspension or termination by us
We may suspend or terminate your access, with notice where practical, if:
- you breach these Terms;
- you fail to pay;
- your use poses a security or legal risk to us, the Service, or others;
- the law requires it.
Discontinuing the Service
- We may discontinue the Service entirely with at least 30 days' notice.
- In that case, we will refund any prepaid fees for the unused portion of the current billing period.
After termination
- Your right to use the Service ends, and you should uninstall the agent from your nodes.
- We delete Customer Data as described in the Privacy Policy.
Sections that survive termination
- Sections 6 (for amounts owed), 7, and 10 through 15 remain in effect after termination.
10. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT:
- THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
- ALERTS WILL BE DELIVERED OR TIMELY;
- THE SERVICE WILL PREVENT DATA LOSS, DOWNTIME, OR SECURITY INCIDENTS ON YOUR INFRASTRUCTURE.
11. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
(a) Types of loss excluded
NEITHER CLUSTERSENTRY NOR ITS OPERATOR WILL BE LIABLE FOR ANY OF THE FOLLOWING, EVEN IF ADVISED OF THEIR POSSIBILITY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
- LOST PROFITS, REVENUE, OR BUSINESS;
- LOSS OF DATA OR GOODWILL;
- DOWNTIME;
- THE COST OF SUBSTITUTE SERVICES.
(b) Maximum amount
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
(c) What these limits cover
THESE LIMITS APPLY:
- TO ANY THEORY OF LIABILITY, WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE;
- EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
(d) Laws that do not allow these limits
SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS. IN THOSE JURISDICTIONS, THEY APPLY ONLY TO THE EXTENT THE LAW PERMITS.
12. Indemnification
You will defend and indemnify ClusterSentry and its operator against third-party claims, and against the losses, damages, and reasonable costs (including attorneys' fees) that result from them, to the extent they arise from:
- your use of the Service;
- Your Infrastructure or Customer Data;
- your breach of these Terms;
- your violation of any law or third-party right.
13. Disputes
Governing law and courts
- These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws rules.
- Any dispute will be resolved exclusively in the state or federal courts located in New York, and both parties consent to their jurisdiction.
Small claims
- Either party may bring an individual claim in small-claims court.
No class actions
- To the extent permitted by law, claims may be brought only individually, not as a plaintiff or class member in any class or representative action.
14. Changes to these Terms
We may update these Terms. If a change is material, we will notify you by email or in the dashboard at least 30 days before it takes effect. If you keep using the Service after the effective date, you accept the updated Terms.
15. General
Entire agreement
- These Terms and the Privacy Policy are the entire agreement between you and us about the Service.
Severability and waiver
- If any provision is found unenforceable, the rest remains in effect.
- If we don't enforce a provision, that doesn't waive our right to enforce it later.
Assignment
- You may not assign these Terms without our consent.
- We may assign them in connection with a merger, acquisition, or sale of the business.
Events outside our control
- We are not liable for delays or failures caused by events beyond our reasonable control.
Notices
- We send notices to your account email.
- You can send notices to support@clustersentry.com.
16. Contact
ClusterSentry: support@clustersentry.com