Terms of Service

Agreement

By accessing or using KERNSTACK ("the Platform"), you agree to these Terms of Service. KERNSTACK is operated by goto coding.berlin GmbH, Berlin, Germany. If you do not agree to these terms, do not use the Platform.

Preview Service

During the preview period, we make no guarantees whatsoever regarding:

• Uptime, availability, or service continuity
• Data durability, integrity, or retention
• Performance, latency, or throughput levels
• Backward compatibility of APIs, SDKs, or configurations
• Continuity of specific features or capabilities
• Credit pricing, subscription tiers, or billing terms remaining unchanged

You acknowledge that the preview service may experience downtime, data loss, breaking changes, or complete service interruptions. Do not rely on the preview service for production workloads or critical data without independent backups.

Accounts

You must provide accurate information when creating an account. You are responsible for maintaining the security of your account credentials and for all activity under your account.

Acceptable Use

You agree not to:

• Use the Platform for illegal activities or to violate any applicable laws
• Attempt to gain unauthorized access to the Platform or other users' data
• Interfere with the Platform's operation or circumvent security measures
• Use the Platform for cryptocurrency mining, denial-of-service attacks, or spam
• Use the Platform to engage in unauthorized or unlawful scraping, crawling, or bulk data collection from third-party websites or online services
• Resell or redistribute Platform access without authorization
• Store or transmit malware, or content that violates third-party rights

We reserve the right to suspend or terminate accounts that violate these terms, at our sole discretion and without prior notice.

Credits, Billing, and Subscriptions

Platform usage is measured in credits. Credits are included with subscription plans and may also be purchased as credit packs. All prices are in EUR. See Pricing & Credit Model and KERNSTACK Documentation for technical details.

• Subscription credits are allocated at the start of each billing period and unused credits roll over for one further billing period, after which they expire
• Credit pack credits and credits granted by us (for example promotional or support credits) are valid for 6 months from the date they are added to your organization
• Credits are used oldest-expiry first. Credits moved from an environment back to your organization keep their original expiry date
• Plan upgrades take effect immediately and start a new billing period. Downgrades and cancellations take effect at the end of the current billing period
• If a payment is refunded or reversed (chargeback), the credits it granted are removed proportionally and we issue a credit note
• We reserve the right to change pricing, credit amounts, and subscription terms at any time
• Except where required by applicable law, fees and purchases are non-refundable

If you are a consumer and applicable law grants you a right to withdraw from the contract within a statutory period (including, where applicable, the 14-day withdrawal period for distance and off-premises contracts), you expressly request that we begin supplying the Platform and performing our obligations under the contract before the end of that period. You acknowledge that, once we have begun performance in reliance on this request, you lose your right of withdrawal in relation to those services, to the extent permitted by applicable law.

Payment processing is handled by Mollie (Netherlands, EU). By subscribing, you agree to Mollie's terms for payment processing.

Your Data

You retain ownership of all data you upload to the Platform. We do not access your data except as necessary to provide the service, troubleshoot issues at your request, or comply with legal obligations. Review our Privacy Policy for GDPR data processing details.

During the preview period, we strongly recommend maintaining independent backups of any important data. We are not liable for data loss during the preview.

Limitation of Liability

To the maximum extent permitted by law, KERNSTACK and coding.berlin shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or business opportunities, arising from your use of the Platform.

Our total aggregate liability for any claims arising from or related to the Platform shall not exceed the amount you paid us in the 3 months preceding the claim.

Disclaimer of Warranties

The Platform is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Termination

You may stop using the Platform and close your account at any time. We may suspend or terminate your access at any time for any reason, including violation of these terms or discontinuation of the service.

Upon termination, your right to access the Platform ceases. We may delete your data after a reasonable retention period following account closure.

Changes to Terms

We may update these terms at any time. Continued use of the Platform after changes constitutes acceptance. We will make reasonable efforts to notify users of material changes.

Governing Law

These terms are governed by the laws of the Federal Republic of Germany. The courts of Berlin, Germany have exclusive jurisdiction over disputes arising from these terms.

Contact

For questions about these terms, contact us at hello@kernstack.com.