Terms and conditions

Effective date and last updated: to be set on publication.

Sections: 1. Relationship to other agreements · 2. Ceburu content and limited license · 3. Trademarks · 4. Acceptable use · 5. AI features and outputs · 6. Account registration · 7. Submissions and feedback · 8. Third-party services and links · 9. Privacy · 10. Beta, trial and preview offerings · 11. Compliance with laws, export and sanctions · 12. Global availability · 13. Indemnification · 14. Disclaimers · 15. Limitation of liability · 16. Suspension and termination · 17. DMCA notice and counter-notice · 18. Governing law and venue · 19. Binding arbitration and class-action waiver · 20. U.S. Government end users · 21. Notice to California residents · 22. Changes to these terms · 23. Electronic communications · 24. Miscellaneous · 25. Contact us

Please read carefully. These Terms include an arbitration agreement and class-action waiver in Section 19 that govern how disputes are resolved. They limit the ways you can seek relief from us.

Welcome to this website and any related websites, subdomains and online properties operated by Ceburu Systems Inc. (collectively, the "Site"). The Site is owned and operated by Ceburu Systems Inc. ("Ceburu", "we", "us" or "our"). These Terms and Conditions ("Terms") govern your access to and use of the Site.

By accessing or using the Site, you agree to be legally bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, do not access or use the Site.

You represent that you are at least the age of majority in your jurisdiction and have the legal capacity to enter into these Terms. If you are using the Site on behalf of an entity (such as your employer), you represent that you have authority to bind that entity, and "you" in these Terms refers to both you personally and that entity.

You and Ceburu are each a "Party" and together the "Parties".

1. Relationship to other agreements

These Terms govern your use of the Site only. They do not govern your use of Ceburu's hosted observability platform, probes, collectors, agents, applications, APIs or related services (collectively, the "Service"). Use of the Service is subject to a separate written agreement between you and Ceburu, such as a subscription agreement, an order form, an evaluation or free-trial agreement, or another mutually executed contract (each, a "Service Agreement"). If you are accessing the Service, including through a free trial, you must comply with the applicable Service Agreement.

If these Terms and a Service Agreement conflict with respect to the Service, the Service Agreement controls.

2. Ceburu content and limited license

The Site contains text, graphics, images, logos, video, software, code, documentation and other materials (collectively, "Ceburu Content"). The Site and Ceburu Content are owned by Ceburu or its licensors and are protected by copyright, trademark, trade secret and other intellectual property laws.

Subject to these Terms, Ceburu grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Ceburu Content solely for your personal or internal business purposes related to evaluating or using Ceburu's products and services. All other rights are reserved.

Product illustrations on the Site use fictional sample data. Service names, hostnames, addresses and figures are examples, not customer data and not measured results.

Except as expressly permitted, you may not (and may not permit anyone else to):

copy, download, reproduce, archive, modify, translate, create derivative works of, publish, distribute, sell, license, lease, rent or otherwise commercially exploit any Ceburu Content;
frame, mirror, scrape or systematically extract any part of the Site;
use any robot, spider, crawler or other automated means to access the Site, except for legitimate search-engine indexing in accordance with our robots.txt;
reverse engineer, decompile or disassemble any software made available through the Site, except to the extent applicable law expressly prohibits such restrictions;
remove, alter or obscure any copyright, trademark or other proprietary notice; or
bypass, disable or interfere with any access control, security or content-protection feature of the Site.

3. Trademarks

"Ceburu", the Ceburu logo, and other Ceburu names, marks and logos are trademarks of Ceburu Systems Inc. Other names, marks and logos appearing on the Site are the property of their respective owners and are used only to describe compatibility. You may not use any of these marks without the prior written permission of the owner.

4. Acceptable use

You agree not to use the Site to:

violate any applicable law, regulation or third-party right;
upload or transmit any content that is unlawful, defamatory, harassing, obscene, infringing or otherwise objectionable;
upload or transmit any virus, worm, trojan, ransomware or other malicious code;
probe, scan or test the vulnerability of the Site or any related system, or breach or circumvent any security or authentication measure, except as expressly authorized by Ceburu in writing or under a published responsible-disclosure policy;
interfere with or disrupt the Site or its servers, networks or infrastructure (including by denial-of-service activity);
impersonate any person or entity or misrepresent your affiliation;
send false, misleading or automated submissions through the demo, contact or integration forms;
send unsolicited communications, promotions or advertising, or harvest contact information; or
use any Ceburu Content, output, screenshot or data to train, fine-tune or develop a competing product, machine-learning model or generative-AI system without Ceburu's prior written consent.

Ceburu may, but is not obligated to, monitor use of the Site and may investigate and take legal or technical action against any suspected violation, including suspending or terminating access.

5. AI features and outputs

The Site may include features that use artificial intelligence or machine learning, such as assistants, summaries or search. Outputs from AI features ("AI Output") are generated automatically and may be inaccurate, incomplete or out of date. You are responsible for evaluating AI Output before relying on it, and you should not treat AI Output as professional advice (legal, financial, medical or otherwise).

You may not use the Site or any AI Output to (a) train, fine-tune or evaluate any machine-learning model intended to compete with Ceburu, (b) generate content that violates Section 4, or (c) make automated decisions producing legal or similarly significant effects on individuals without appropriate human review and the disclosures required by law.

Ceburu does not guarantee that AI Output is unique to you; similar or identical output may be generated for other users.

6. Account registration

Some features linked from the Site (such as the account portal or free-trial sign-up) require you to create an account or provide registration information. You agree to:

provide accurate, current and complete information;
maintain and promptly update your information;
keep your credentials confidential and not share them with anyone; and
notify Ceburu promptly through the contact page of any suspected unauthorized use of your account.

You are responsible for all activity that occurs under your account, whether authorized or not.

7. Submissions and feedback

If you submit content, suggestions, ideas or feedback to Ceburu through the Site (including form submissions, survey responses or feedback) ("Submissions"), you grant Ceburu a worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable license to use, copy, modify, distribute, display and otherwise exploit the Submission for any lawful purpose, including improving Ceburu's products and services, without compensation or attribution. This license does not cover the personal information in your Submission, which we handle as described in our Privacy Policy.

You represent that you have all rights necessary to grant this license and that your Submission does not infringe or violate any third-party right or applicable law.

8. Third-party services and links

The Site may contain links to, or be integrated with, third-party websites, services, products or content ("Third-Party Services") that Ceburu does not control, and relies on service providers such as hosting and form delivery. Ceburu provides these links and integrations as a convenience and is not responsible for, and makes no representations or warranties about, any Third-Party Service. Your use of any Third-Party Service is at your own risk and is governed by the terms and privacy practices of the applicable third party.

9. Privacy

Our collection, use and disclosure of personal information through the Site is described in our Privacy Policy and Cookie Policy. By using the Site, you acknowledge that you have read and understood them.

10. Beta, trial and preview offerings

From time to time, Ceburu may make beta, trial, evaluation, preview or "early access" features available through the Site (collectively, "Beta Features"). Features shown on the Site as "Coming soon" are not yet available. Beta Features are provided for evaluation only, may be discontinued at any time, and are offered "as is" without any warranty, support, service-level commitment or indemnity. Your use of any Beta Feature is at your own risk and is governed by any additional terms presented at the time of access.

11. Compliance with laws, export and sanctions

You represent and warrant that, in connection with your use of the Site, you will comply with all applicable laws, rules, regulations and orders ("Applicable Laws"). Without limiting the foregoing, you will:

comply with anti-bribery and anti-corruption laws, including the U.S. Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010;
comply with all applicable export-control and economic-sanctions laws and regulations, including those administered by the U.S. Department of Commerce (Bureau of Industry and Security), the U.S. Department of the Treasury (Office of Foreign Assets Control), the European Union and the United Kingdom ("Trade Laws"); and
not directly or indirectly export, re-export, transfer or otherwise make available any Ceburu software, content or services to (i) any country, region or person subject to comprehensive U.S. or other applicable sanctions, or (ii) any person on a restricted-party list under Trade Laws.

You represent that you are not located in, organized under the laws of, or ordinarily resident in any sanctioned country or region, and that you are not on any restricted-party list.

12. Global availability

The Site is operated by Ceburu from the United States. We make no representation that the Site or its content is appropriate or available for use in all locations. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

13. Indemnification

To the maximum extent permitted by law, you will defend, indemnify and hold harmless Ceburu and its affiliates, and their respective officers, directors, employees, contractors and agents (the "Indemnified Parties"), from and against any third-party claims, suits, actions, demands, damages, losses, liabilities, judgments, settlements and expenses (including reasonable attorneys' fees and costs) arising out of or relating to (a) your use of or access to the Site; (b) your breach of these Terms or any policy referenced in them; (c) your violation of any Applicable Law or third-party right; (d) any Submission you provide; or (e) any content you upload, transmit or otherwise make available through the Site.

Ceburu may, at its option, assume exclusive control of the defense and settlement of any matter for which you are required to indemnify, and you will cooperate as reasonably requested. You may not settle any matter without Ceburu's prior written consent.

14. Disclaimers

THE SITE AND ALL CEBURU CONTENT, AI OUTPUT, BETA FEATURES AND OTHER MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CEBURU AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

CEBURU DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. CEBURU MAKES NO WARRANTY REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION, AI OUTPUT OR THIRD-PARTY SERVICES MADE AVAILABLE ON OR THROUGH THE SITE.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CEBURU OR ITS AFFILIATES, LICENSORS OR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS (THE "CEBURU PARTIES"), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE CEBURU PARTIES UNDER OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE EXCEED ONE HUNDRED U.S. DOLLARS (US$100). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.

The exclusions and limitations in this Section apply whether the alleged liability is based on contract, tort (including negligence), strict liability, statute or any other theory. Some jurisdictions do not allow certain exclusions or limitations of liability, so some of the above may not apply to you. In those jurisdictions, the liability of the Ceburu Parties is limited to the maximum extent permitted by law.

16. Suspension and termination

Ceburu may suspend, restrict or terminate your access to all or part of the Site at any time, with or without notice, including if Ceburu reasonably believes that you have violated these Terms or Applicable Law, or that suspension is necessary to protect the rights, safety, security or property of Ceburu, its customers or third parties.

On termination, the rights granted to you under these Terms cease immediately. Sections that by their nature should survive termination will survive (including Sections 2, 3, 7, 11, 13, 14, 15, 19 and 22).

17. DMCA notice and counter-notice

Ceburu respects the intellectual property rights of others. If you believe that material on the Site infringes your copyright, please send a notice in compliance with the Digital Millennium Copyright Act ("DMCA") to our designated copyright agent that includes:

identification of the copyrighted work claimed to be infringed (or, if multiple works, a representative list);
identification of the allegedly infringing material and information sufficient to locate it (such as a URL);
your contact information (name, address, phone number and email);
a statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent or the law;
a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and
your physical or electronic signature.

Counter-notices may be submitted in accordance with 17 U.S.C. §512(g). Ceburu may, in appropriate circumstances, terminate the access of users who are repeat infringers.

Designated DMCA agent: Copyright Agent, Ceburu Systems Inc., Attn: Legal. Send notices through the contact page.

18. Governing law and venue

These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of California, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to Section 19, any judicial action permitted under Section 19 will be brought exclusively in the state or federal courts located in Alameda County, California, and the Parties consent to personal jurisdiction and venue in those courts.

19. Binding arbitration and class-action waiver

Please read this Section carefully. It requires you to arbitrate disputes with Ceburu and limits the way you can seek relief.

19.1 Informal resolution

Before starting any arbitration or legal action, you and Ceburu agree to try to resolve any dispute informally for at least sixty (60) days. To start, send a written notice describing the dispute and the relief sought through the contact page. If the dispute is not resolved within that 60-day period, either Party may proceed to arbitration.

19.2 Agreement to arbitrate

Except as provided below, any dispute, claim or controversy arising out of or relating to these Terms or the Site (a "Dispute") will be resolved exclusively through final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (or, for claims exceeding US$250,000, the JAMS Comprehensive Arbitration Rules). Arbitration will be conducted by a single arbitrator. The seat of arbitration will be San Francisco, California, USA, and proceedings may be conducted in person, by telephone or by videoconference. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

19.3 Exceptions

Either Party may bring an individual action in small-claims court for disputes within that court's jurisdiction, and either Party may seek injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation or violation of intellectual-property rights, confidentiality obligations or Section 4 (Acceptable use).

19.4 Class-action waiver

You and Ceburu agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court decides that this class-action waiver is not enforceable as to a particular claim or remedy, then that claim or remedy (and only that claim or remedy) will be severed from arbitration and may proceed in court, while all other claims will remain in arbitration.

19.5 Jury trial waiver

TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE.

19.6 Opt-out

You may opt out of this arbitration agreement by sending written notice through the contact page within thirty (30) days after first accepting these Terms. Your notice must include your name, mailing address and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

20. U.S. Government end users

The Site and Ceburu Content are "commercial items", "commercial computer software", "commercial computer software documentation" and "technical data" as those terms are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement. Use, duplication and disclosure by U.S. Government end users are subject to these Terms.

21. Notice to California residents

Under California Civil Code Section 1789.3, California users are entitled to the following notice: Ceburu does not currently charge any fees for access to the Site. If you have a question or complaint about the Site, please contact Ceburu Systems Inc., Attn: Legal, through the contact page. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

22. Changes to these terms

We may update these Terms from time to time. The date at the top of this page reflects the most recent revision. Material changes will be communicated through a notice on the Site or by another reasonable means. Your continued use of the Site after an update takes effect constitutes acceptance of the updated Terms.

23. Electronic communications

You consent to receive communications from Ceburu electronically, including by email, by text message where you have opted in as described in Section 23.1, and by notices posted on the Site. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that they be in writing.

23.1 SMS and text messaging

Program description. If you provide your mobile phone number and affirmatively opt in, Ceburu may send you text messages relating to your account, service and incident notifications, appointment and demo confirmations, support follow-ups and occasional product updates.

Consent. You opt in only by taking an affirmative action, such as checking an unchecked consent box on a Ceburu web form. Giving your phone number on a form does not by itself opt you in. Consent to receive text messages is not a condition of purchasing any goods or services.

Cancellation (STOP). You may cancel at any time by replying STOP to any message from us. You will receive a single confirmation message and will not receive further messages unless you opt in again. You may also ask to be removed through the contact page.

Help (HELP). Reply HELP to any message for assistance, or reach us through the contact page.

Changes to your mobile number. You agree to tell us promptly if your mobile number changes, is deactivated or is reassigned, so that we do not send messages to a person who has not consented. You can tell us by replying STOP or through the contact page.

Privacy. We do not sell, rent or share mobile phone numbers or text messaging consent with third parties or affiliates for marketing purposes. See our Privacy Policy for details on how we handle your information.

24. Miscellaneous

Entire agreement. These Terms (together with the Privacy Policy and any policies referenced in them) constitute the entire agreement between the Parties regarding the Site and supersede all prior or contemporaneous communications and proposals on the subject.
No waiver. Failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.
Assignment. You may not assign or transfer these Terms or any rights or obligations under them without Ceburu's prior written consent. Ceburu may assign these Terms freely. Any attempted assignment in violation of this provision is void.
Force majeure. Ceburu is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government action, internet or utility outages, denial-of-service attacks or pandemics.
No agency. Nothing in these Terms creates a partnership, joint venture, agency, employment or franchise relationship between the Parties.
Headings. Section headings are for reference only and do not affect interpretation.
Translations. Non-English translations are provided for convenience only. If they conflict, the English version controls.
Admissibility. A printed version of these Terms and any electronic notice will be admissible in judicial or administrative proceedings to the same extent as other business records originally kept in printed form.

25. Contact us

Questions about these Terms should be directed to Ceburu Systems Inc., Attn: Legal, through the contact page.