Terms of Service

These Terms of Service govern your use of the website located at https://devopsorbit.com and any related services provided by DevOps Orbit.

By accessing https://devopsorbit.com, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by DevOps Orbit.

We, DevOps Orbit, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on April 15th, 2024.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

• modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;

• remove any copyright or other proprietary notations from any materials and software on this website;

• transfer the materials to another person or "mirror" the materials on any other server;

• knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service DevOps Orbit provides;

• use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;

• use this website or its associated services in violation of any applicable laws or regulations;

• use this website in conjunction with sending unauthorized advertising or spam;

• harvest, collect, or gather user data without the user’s consent; or

• use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

All content on DevOps Orbit's website, including text, designs, logos, and icons, is owned or licensed by DevOps Orbit and protected under copyright and trademark laws. Users are granted permission to download a single copy of the material on our website for personal, non-commercial use, which constitutes a license that may be terminated if these terms or any other provisions of the Terms of Service are violated.

For deliverables produced under a client's subscription, such as configurations, scripts, documentation, and bespoke solutions, ownership is directly and immediately assigned to the client upon creation. DevOps Orbit retains no ownership of these deliverables unless specifically agreed upon, such as in cases where we develop software or applications intended for sale to multiple clients. It’s important to note that our solutions may incorporate third-party tools and services, which are subject to their own terms and fees. Clients are responsible for adhering to these external terms and covering any related costs, emphasizing the need for awareness and compliance with these additional requirements.

Registration and Payments

In order to use our services you need to create an account. Any information provided needs to be accurate and updated if necessary. Customers are liable for maintaining their accounts and are fully responsible for all activities occurring under their accounts. Should anybody gain unauthorized access to your account, you need to notify us immediately. DevOps Orbit is not liable for any loss or damage arising from failure to maintain the confidentiality of your account.

When creating your account, you are required to provide your financial information relevant to the chosen payment method; in some cases, you may be requested to provide your credit card details. Please note that any payments made on our platform will be processed by Stripe. As such, we will not be responsible for processing or retaining any of your financial information. Stripe will handle all of your financial information per their respective Terms of Service, and you agree to comply with such Terms of Service.

Subscription Agreement

By subscribing to DevOps Orbit's services, the Subscriber agrees to be bound by these Terms, which define the legal framework within which DevOps Orbit offers its range of DevOps services. These services include CI/CD pipeline management, cloud service configurations, and application containerization, available under two subscription plans to suit different operational needs and project scales. Complete details of these services and the corresponding subscription plans are detailed on DevOps Orbit's website.

Subscription fees are billed monthly in advance, with automatic renewal at the end of each billing period unless the Subscriber opts for cancellation to prevent renewal charges. DevOps Orbit reserves the right to modify, enhance, or discontinue any service aspect at its discretion, committing to notify Subscribers of significant changes that could impact their subscription. Discontinuation of a service will not result in additional charges for Subscribers.

Service Request and Execution

With an active subscription, Subscribers gain the right to submit DevOps task requests through Trello, a third-party platform designed for efficient and transparent request management, aiming to streamline the process for DevOps Orbit and the Subscriber.

DevOps Orbit commits to starting work on new tasks within one business day of submission, targeting an average completion timeframe of two days. However, task complexity and specific requirements may affect this timeframe, and no fixed period completion guarantee is provided.

Subscribers must provide clear, detailed task descriptions to avoid delays, with DevOps Orbit reserving the right to seek additional information or clarifications. Two subscription plans are available to accommodate either periodic or continuous DevOps support, depending on subscriber needs. These plans offer the flexibility to adapt as project demands evolve. Communication with DevOps Orbit after purchasing a subscription is conducted asynchronously through creating and commenting on Trello tasks. An optional 15-minute onboarding meeting is also available to discuss the service details and answer any initial questions.

Membership Plans and Adjustments

DevOps Orbit offers two subscription plans that cater to different levels of DevOps support needs. Detailed information about the scope of services, pricing, and limitations for each plan is available on DevOps Orbit's website.

All subscriptions are billed monthly, in advance, and automatically renew at the end of each billing cycle unless cancelled. DevOps Orbit acknowledges the fluid nature of DevOps needs, allowing Subscribers to adjust their subscription level or pause their subscription as needed. These adjustments and pauses can be managed through the Subscriber's account settings, with changes effective from the next billing cycle. Subscription pauses allow for the banking of unused service days, available upon subscription resumption.

Subscriber Conduct and Usage Policies

Subscribers are expected to use DevOps Orbit's services responsibly, in compliance with applicable laws and respecting intellectual property rights. DevOps Orbit prohibits the use of its services for illegal activities or in ways that infringe upon others' rights.

Detailed and accurate task submissions are required for efficient and effective service execution, with DevOps Orbit retaining the right to refuse service or terminate a subscription if a Subscriber violates these policies or other Terms of Service parts.

Subscription Modifications, Pausing, and Cancellation

DevOps Orbit enables Subscribers to modify their subscription plan, pause their subscription, or cancel their subscription through the Subscriber’s account settings.

Modifications: Changes to subscription plans are accommodated, effective at the start of the next billing cycle, with DevOps Orbit providing information on the implications of such changes.

Pausing: Subscribers can pause their subscription, suspending service delivery and billing, with unused subscription days banked for future use.

Cancellation: Subscribers may cancel their subscription at any time, with the subscription remaining active until the end of the current billing cycle, after which no further billing occurs.

Disclaimer and Limitations of Liability

DevOps Orbit provides its website and the materials therein on an 'as is' basis, without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, DevOps Orbit disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. DevOps Orbit does not warrant that the website and the materials will be error-free, nor does it make any warranty as to the results that may be obtained from the use of the website or as to the accuracy or reliability of any information obtained through the website.

Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages), the entire liability of DevOps Orbit and any of its suppliers under any provision of this Terms of Service and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the services. DevOps Orbit and its suppliers shall not be liable for any indirect, special, incidental, consequential, or punitive damages, including but not limited to, loss of profits, business interruption, loss of information or data, or other financial loss arising out of the use of, or the inability to use, the materials, even if DevOps Orbit has been advised of the possibility of such damages.

In the context of this agreement, "consequential loss" encompasses any consequential, indirect, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss or corruption of data, or any other form of economic loss, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

Certain jurisdictions do not permit the limitation of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Accuracy of Materials

The content provided on the DevOps Orbit website is presented as a broad overview and is intended for general informational purposes only. DevOps Orbit does not guarantee the completeness, accuracy, or utility of the information provided on its website or affirm the expected outcomes of using such materials. This extends to any content found on sites linked from our website.

Decision-making based on information from our website should be done with caution. DevOps Orbit encourages users to seek additional information and consult comprehensive sources to inform their decisions. Reliance on the materials found on the DevOps Orbit website is at the user's own risk.

DevOps Orbit reserves the right to update, modify, or remove content on its website at any time without prior notice. It is the responsibility of users to stay informed of any changes by regularly reviewing the content posted on the site.

Additional Tools

Please note that our website may include third-party tools which are outside of our control. The access to said tools is provided on an 'as is' basis with no warranties, expressed or implied, and without any endorsement. We are not liable for the use of the third-party tools provided on our website. You are solely responsible for any risks associated with using said tools, we recommend reading the relevant third-party provider’s Terms of Service. DevOps Orbit has the right to offer new third-party tools in the future.

Links

DevOps Orbit has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by DevOps Orbit of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Inaccuracies and Mistakes

Please note that any content available on our website may contain typographical errors, inaccuracies, or mistakes related to the service’s description, pricing, promotion, and availability. We have the right to cancel or update any existing services should any information provided by us be proven inaccurate. Said information can be amended at any time without prior notice. Please note that we are not obligated to clarify any of the information related to our website and service, including pricing information, except as required by law.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the website; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the website with whom you connected via the website.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Account Termination and Suspension

Clients have the right to terminate their subscription at any time, with such termination taking effect at the end of the current billing cycle. DevOps Orbit reserves the right to suspend or terminate services if clients are found to be in violation of the terms and conditions, highlighting the importance of compliance with the established guidelines. This includes failures to meet payment obligations or to comply with user responsibilities. Termination or suspension is a measure of last resort, aimed at maintaining the integrity and viability of the service for all users.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Entire Agreement

These Terms of Service and any policies or operating rules posted by us on the website or with respect to the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the website. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Texas. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.