Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of osseva.io (the "Site") and the services offered by OSSeva ("OSSeva," "we," "us," or "our"). By accessing the Site or engaging OSSeva Services, you agree to these Terms and our Privacy Policy. If you are agreeing on behalf of an organization, you represent that you have authority to bind that organization.

2. Description of Services

OSSeva provides enterprise open-source software support, which may include:

• OSSeva Patch: CVE remediation, backported security patches, and signed binary builds for supported open-source technologies past their community end-of-life date.
• OSSeva Assure: Compliance documentation, audit attestation letters, and evidence packages for regulated industries.
• OSSeva Operate: Managed operations, 24/7 incident response, and operational support for enterprise open-source deployments.
• Migration Services: Professional services for migrating from commercial or EOL platforms to OSSeva-supported open-source alternatives.
• Professional Services: Architecture reviews, configuration audits, performance analysis, and expert engineering engagements.

3. Site Use

You may use the Site for lawful purposes only. You agree not to: scrape or harvest data in a manner that imposes unreasonable load; impersonate any person or entity; introduce malware or conduct denial-of-service attacks; or use the Site in violation of applicable laws or regulations.

4. Intellectual Property

OSSeva retains all intellectual property rights in the Site's content, design, and proprietary software. Patch builds and compliance documentation templates are protected by copyright and trade secret law. Open-source components are subject to their respective licenses (Apache 2.0, Mozilla Public License, Erlang Public License, etc.). Nothing in these Terms restricts rights granted by applicable open-source licenses.

5. Service Agreements

Specific Services are governed by a written Master Services Agreement (MSA) or Statement of Work (SOW). In the event of a conflict between these Terms and an executed MSA or SOW, the MSA or SOW controls.

6. Payment Terms

Fees are set forth in the applicable SOW or order form. Unless otherwise agreed: invoices are due net 30 days; undisputed amounts not paid within 15 days of the due date accrue interest at 1.5% per month or the maximum permitted by law; OSSeva reserves the right to suspend Services for accounts more than 60 days past due.

7. Confidentiality

Each party agrees to keep confidential non-public information disclosed by the other party that is designated as confidential or that a reasonable person would recognize as confidential. Obligations do not apply to information that is publicly known, independently developed, received from a third party without restriction, or required to be disclosed by law.

8. Warranties and Disclaimers

OSSeva represents that its Services will be performed professionally and consistent with industry standards. EXCEPT AS EXPRESSLY STATED, THE SITE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; (b) OSSEVA'S TOTAL LIABILITY WILL NOT EXCEED THE GREATER OF FEES PAID IN THE 12 MONTHS PRECEDING THE CLAIM OR US $10,000. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY.

10. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Disputes shall be resolved by binding arbitration under AAA rules in Austin, Texas. Either party may seek injunctive relief in any court of competent jurisdiction.

11. Changes to Terms

We may update these Terms from time to time. Material changes will be posted on this page with a revised effective date. Continued use of the Site constitutes acceptance.

12. Contact

Questions about these Terms? Contact us at: legal@osseva.io