Terms of Service

1. Acceptance of Terms

By accessing or using Sawala Cloud and its products, including Kontena and Berkasna (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, do not use the Service.

2. Description of Service

Sawala Cloud is a multi-product SaaS platform that provides:

• Kontena — A headless content management system for creating and managing structured content via schemas and APIs
• Berkasna — A cloud file management solution for storing, organizing, and accessing files
• Additional products that may be made available from time to time

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

3. Accounts and Organizations

To use the Service, you must create an account and may create or join an organization. You are responsible for:

• Providing accurate and complete registration information
• Maintaining the security of your account credentials
• All activity that occurs under your account
• Notifying us immediately of any unauthorized use of your account

You may not share your account credentials or allow others to access your account. We reserve the right to terminate accounts that violate these Terms.

4. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law or regulation
• Infringe the intellectual property rights of others
• Upload, store, or distribute malicious code, malware, or harmful content
• Harass, abuse, or harm any person
• Attempt to gain unauthorized access to any part of the Service or its systems
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service for competitive intelligence or to build a competing product
• Resell or sublicense access to the Service without our written consent
• Engage in any activity that imposes an unreasonable load on our infrastructure

We reserve the right to suspend or terminate access to the Service for violations of this acceptable use policy without prior notice.

5. Your Content

You retain ownership of all content, data, and materials you upload or create through the Service ("Your Content"). By using the Service, you grant Sawala a limited, non-exclusive, royalty-free license to host, store, process, and display Your Content solely as necessary to provide and operate the Service.

You represent and warrant that:

• You own or have the necessary rights to Your Content
• Your Content does not violate any third-party rights
• Your Content complies with applicable laws and these Terms

We do not monitor Your Content but reserve the right to remove content that violates these Terms or applicable law.

6. Intellectual Property

The Service and all of its original content, features, functionality, and underlying technology are the exclusive property of Sawala and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code of the Service, unless laws prohibit these restrictions or you have our written permission.

The Sawala name, logo, and product names (Kontena, Berkasna) are trademarks of Sawala. You may not use our trademarks without prior written consent.

7. Fees and Payment

Certain features of the Service may require payment of fees. By selecting a paid plan, you agree to pay the applicable fees as described on our pricing page. All fees are:

• Billed in advance on a monthly or annual basis
• Non-refundable except as required by law or as explicitly stated in our refund policy
• Subject to change with 30 days' notice

Failure to pay fees may result in suspension or termination of your account.

8. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

9. Third-Party Services

The Service may integrate with or link to third-party services. These third-party services are not under our control, and we are not responsible for their content, privacy practices, or terms. Your use of third-party services is at your own risk and subject to those services' own terms.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected. You use the Service at your own risk.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAWALA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO SAWALA IN THE TWELVE MONTHS PRIOR TO THE CLAIM OR (B) ONE HUNDRED DOLLARS (USD $100).

12. Indemnification

You agree to indemnify and hold harmless Sawala and its affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any third-party rights.

13. Termination

Either party may terminate these Terms at any time. You may terminate by closing your account. We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Sawala is incorporated, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the effective date on this page and, where appropriate, notifying you via email or an in-app notice. Your continued use of the Service after any changes take effect constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must stop using the Service.

16. Miscellaneous

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Sawala regarding the Service.
• Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.
• No Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights without restriction.

17. Contact Us

If you have questions about these Terms, please contact us at: