These Terms of Service govern your access to and use of Kerno, operated by FYCK Limited ("Company", "we", "our", "us"). Kerno is a runtime verification platform that tests and validates code changes against a live application and its dependencies. The Service includes our website at kerno.io, the Kerno web application, the Kerno CLI, and any related tools, features, and content we provide.
Our Privacy Policy also governs your use of the Service and explains how we collect, use, and safeguard information. Please read both documents carefully. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service. Questions can be sent to hello@kerno.io.
1. Communications
When you create an account, you may receive newsletters, product updates, and other information from us. You can opt out of marketing communications at any time by following the unsubscribe link in any message or by contacting us. We may still send you service and account messages that are necessary to operate the Service.
2. Purchases and Billing
If you purchase a paid plan, you may be asked to provide billing details such as your name, billing address, and payment information. You represent that you are authorized to use the payment method you provide and that the information you supply is accurate and complete.
We use third-party payment processors to handle payments, and we do not store your full payment card details. We reserve the right to refuse or cancel an order in cases such as a pricing error, suspected fraud, or an unauthorized transaction.
3. Subscriptions
Paid plans are billed on a recurring basis, either monthly or annually depending on the plan you select. Subscriptions automatically renew at the end of each billing cycle under the same terms unless you or we cancel them. You can cancel at any time through your account settings or by contacting support.
You must provide accurate and complete billing information and keep it current. Submitting your payment details authorizes us to charge the applicable subscription fee to your payment method. If a charge fails, we may issue an electronic invoice that you agree to pay by the stated deadline.
4. Free Trials
We may offer a free trial or a free plan at our discretion. Where a trial requires billing information, you will not be charged until the trial ends. On the final day of a paid trial, we may automatically begin charging the applicable subscription fee unless you cancel beforehand. We may change or withdraw a trial or free plan offer at any time.
5. Fee Changes
We may change subscription fees. Any fee change takes effect at the end of the then-current billing cycle, and we will give you reasonable notice beforehand so you can cancel before the change applies. Continuing to use the Service after a fee change takes effect means you accept the new fee.
6. Refunds
Except where required by law, paid subscription fees are non-refundable.
7. Your Content
The Service lets you submit and store content such as source code, configuration, test scenarios, and other materials ("Content"). You are responsible for the Content you provide and for having the rights needed to submit it. By submitting Content, you confirm that doing so does not violate the rights of any third party.
You retain all ownership rights in your Content. You grant us a limited license to host, store, process, display, and reproduce your Content solely as needed to operate and provide the Service to you. We do not claim ownership of your Content.
8. Acceptable Use
You agree to use the Service only for lawful purposes and in line with these Terms. You agree that you will not:
- send unsolicited or bulk messages, or engage in phishing or other deceptive activity;
- upload or distribute malware, viruses, or other harmful code;
- harass, threaten, or abuse others through the Service;
- use the Service for any illegal activity;
- disable, overburden, damage, or impair the Service, or interfere with anyone else's use of it;
- attempt to gain unauthorized access to the Service, related systems, or another user's account;
- conduct a denial-of-service attack or similar disruption.
Suspected violations can be reported to hello@kerno.io.
9. Analytics
We use third-party analytics providers to help us understand how the Service is used. These providers may collect information as described in their own privacy policies. For details on how we handle data, see our Privacy Policy.
10. Age Requirement
The Service is intended for people who are at least 18 years old. By using the Service, you confirm that you are at least 18 and have the authority to enter into these Terms. People under 18 may not use the Service.
11. Accounts
When you create an account, you confirm that the information you provide is accurate, complete, and current. You are responsible for keeping your password confidential and for all activity that happens under your account. Notify us immediately of any security breach or unauthorized use of your account.
You may not use a username that belongs to someone else, that you are not authorized to use, or that is offensive or misleading. We may refuse, remove, or reclaim a username at our discretion.
12. Intellectual Property
The Service and its original content (other than Content provided by users), features, and functionality are and will remain the exclusive property of FYCK Limited and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used without our prior written consent.
13. Copyright and DMCA
We respect the intellectual property rights of others and respond to clear notices of alleged copyright infringement. If you believe that material available through the Service infringes your copyright, please email hello@kerno.io with the subject line "Copyright Infringement" and include:
- a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- a description of the copyrighted work you claim has been infringed;
- the location of the allegedly infringing material on the Service;
- your address, telephone number, and email address;
- a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.
Anyone who knowingly makes a material misrepresentation of infringement may be liable for damages. We may terminate the accounts of repeat infringers.
14. Feedback
If you send us feedback, suggestions, or ideas about the Service, you agree that we may use them without restriction or obligation to you. You acknowledge that we may already be considering similar ideas, that your feedback is not confidential, and that we are free to use it to improve the Service.
15. Links to Other Websites
The Service may contain links to third-party websites or services that we do not own or control. We are not responsible for the content, privacy policies, or practices of any third-party site, and we do not endorse or warrant them.
YOU ACKNOWLEDGE AND AGREE THAT FYCK LIMITED SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITES OR SERVICES.
16. Disclaimer of Warranty
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components, or that it will meet your requirements. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
Where liability cannot be excluded, our total liability is limited to the amount you paid us for the Service. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
18. Termination
We may suspend or terminate your account and access to the Service at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. You may stop using the Service at any time. Provisions that by their nature should survive termination, including ownership, warranty disclaimers, and limitations of liability, will survive.
19. Governing Law
These Terms are governed by the laws of Ireland, without regard to its conflict-of-law provisions. Our failure to enforce any right under these Terms is not a waiver of that right. If any provision is found to be invalid or unenforceable, the remaining provisions stay in effect.
20. Changes to the Service
We may change, suspend, or withdraw parts of the Service at any time without notice, and we are not liable if any part of the Service is unavailable. We may also limit access to some features or to the whole Service for some users.
21. Changes to These Terms
We may update these Terms from time to time. When we do, we will post the updated version and revise the effective date above. Your continued use of the Service after changes take effect means you accept the revised Terms. If you do not agree to the changes, please stop using the Service.
22. Contact Us
Questions, comments, and support requests can be sent to hello@kerno.io.
Kerno is operated by FYCK Limited, a company registered in Ireland under company number 726087, with its registered office at Knockanare, Buttevant, Cork P51 Y2E1, Ireland.