Terms of Use

These Terms of Use ("Terms") are a legally binding agreement governing your use of the clustereye.com website, ClusterEye software, and related services (collectively, the "Service").

These Terms are between ClusterEye ("Company", "we", or "our") and you ("User", "you", or "your").

By using the Service or creating an account, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2.1 Account Security

When creating your account, you must provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You must immediately notify us of any security breach or unauthorized use of your account.

2.2 Age Restriction

You must be at least 18 years old to use our Service. By using the Service, you represent that you are 18 years of age or older.

2.3 Account Access

It is prohibited for multiple individuals to use a single account. If you lose access to your account for any reason, you may contact our customer support at support@clustereye.com for assistance.

3.1 Description of Services

ClusterEye provides an agent-based service for database monitoring, performance analysis, and optimization. Our Service monitors and analyzes database performance through agents running on your servers.

3.2 Subscription Plans

We offer various subscription plans. Each plan has its own features and limitations. An active subscription grants you access to our Service according to the plan you selected. Full pricing and plan details can be found on our Pricing page.

3.3 Service Changes

ClusterEye reserves the right to update, modify, or discontinue the Services at any time and without prior notice. We will attempt to provide reasonable notice in the event of significant changes.

4.1 Payment Terms

When you sign up for a paid plan, you will be immediately charged through your payment method. Subscription fees are collected in advance at the beginning of your subscription period. All fees are non-refundable.

4.2 Automatic Renewal

Subscriptions automatically renew according to your current plan period unless canceled. You may cancel your subscription at any time from your account settings or by emailing support@clustereye.com.

4.3 Price Changes

ClusterEye reserves the right to change service fees at any time. Price changes will be communicated at least 30 days before the change takes effect. There will be no price change for your current subscription period.

The Service, including software, trademarks, service marks, graphics, and content, is intellectual property owned by ClusterEye and is protected by copyright, trademark, and other intellectual property laws.

ClusterEye grants you a personal, worldwide, non-exclusive, non-transferable, and non-sublicensable license to use the Service solely in accordance with these Terms.

All rights not expressly granted in these Terms are reserved. You may not copy, modify, distribute, or commercially exploit the Service or any component thereof without ClusterEye's prior written permission.

Content that you upload, submit, or create while using our Service ("User Content") remains your property. You are solely responsible for User Content and represent that you have all necessary rights to it.

By submitting User Content to the Service, you grant ClusterEye a non-exclusive, worldwide, royalty-free, transferable, and sublicensable right and license to use, copy, modify, and distribute your User Content for the purpose of providing, improving, and promoting the Service.

ClusterEye reserves the right, but not the obligation, to remove any User Content that is inappropriate, illegal, or violates these Terms.

You agree not to engage in the following actions when using the Service:

• Using the Service for any illegal purpose
• Transmitting harmful code, viruses, or similar programs
• Interfering with or disrupting the Service or connected servers and networks
• Abusing or misusing the Service
• Infringing on the intellectual property rights of others
• Gaining unauthorized access to the Service
• Harassing other users or collecting their personal information
• Using the Service in a way that violates these Terms or applicable laws

Violation of these obligations may result in termination of your account and/or legal action.

These Terms remain in effect until terminated by you or ClusterEye. You may terminate these Terms by canceling your account at any time, for any reason.

ClusterEye may terminate these Terms and your access to the Service without prior notice if you violate these Terms or act unlawfully.

Upon termination, your right to use the Service will immediately cease. Obligations and rights that continue after termination will survive.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES. CLUSTEREYE DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

THERE IS NO WARRANTY AS TO THE ACCURACY, RELIABILITY, OR RELIANCE ON ADVICE OR INFORMATION OBTAINED THROUGH THE SERVICE.

CLUSTEREYE DOES NOT GUARANTEE THE CONFIDENTIALITY OF MESSAGES, CONTENT, OR INFORMATION SENT OR RECEIVED VIA OR IN CONNECTION WITH THE SERVICE.

IN NO EVENT SHALL CLUSTEREYE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA, PROFITS, BUSINESS, OR OTHER LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN ANY CASE, CLUSTEREYE'S TOTAL LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO CLUSTEREYE IN THE LAST 12 MONTHS.

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Turkey, without regard to its conflict of law principles.

11.2 Waiver

ClusterEye's failure to enforce any provision of these Terms shall not be deemed a waiver of such provision or any other provision.

11.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11.4 Entire Agreement

These Terms, the Privacy Policy, and other legal notices constitute the entire agreement between you and ClusterEye regarding the use of the Service.

11.5 Modifications

ClusterEye reserves the right to modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of the Service after changes means you accept the revised Terms.

If you have any questions about these Terms of Use, please contact us:

• Email: legal@clustereye.com
• Web: https://clustereye.com/contact