Terms and Conditions
Effective as of February 10, 2025
Welcome to Cokpit (“Cokpit,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the Cokpit platform and services (collectively, the “Service”).
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Service. These Terms constitute a binding legal agreement between you and Cokpit. Please read these Terms carefully before using the Service.
Account Registration and Security
To use certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify Cokpit immediately of any unauthorized use of your account or any other breach of security.
License and Restrictions
Subject to your compliance with these Terms, Cokpit grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal or internal business purposes. You agree not to: (a) copy, modify, or create derivative works of the Service; (b) reverse engineer, decompile, or disassemble the Service; (c) sell, resell, license, sublicense, distribute, rent, or lease the Service; (d) use the Service to store or transmit malicious code; (e) interfere with or disrupt the integrity or performance of the Service; or (f) attempt to gain unauthorized access to the Service or its related systems or networks.
User Content
The Service may allow you to upload, submit, store, send, or receive content (“User Content”). You retain all rights in and to your User Content. By uploading, submitting, storing, sending, or receiving User Content on or through the Service, you grant Cokpit a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute your User Content for the limited purpose of operating, developing, providing, and improving the Service, and to develop new services.
You represent and warrant that: (a) you own or have all necessary rights to your User Content; (b) your User Content does not and will not violate these Terms or applicable law; and (c) your User Content does not and will not infringe or violate any third-party rights, including intellectual property rights and privacy rights.
Intellectual Property
Cokpit and its licensors own and retain all right, title, and interest in and to the Service, including all intellectual property rights therein. These Terms do not grant you any rights to use Cokpit’s trademarks, logos, domain names, or other brand features.
Termination
Cokpit may terminate or suspend your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service will immediately cease. The following provisions of these Terms will survive termination: License and Restrictions, User Content, Intellectual Property, Disclaimer, Limitation of Liability, Indemnification, and General Terms.
Disclaimer
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COKPIT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. COKPIT MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
Limitation of Liability
IN NO EVENT WILL COKPIT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), EVEN IF COKPIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
COKPIT’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO COKPIT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED DOLLARS ($100).
Indemnification
You agree to indemnify, defend, and hold harmless Cokpit and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to your use of the Service, your User Content, or your violation of these Terms.
General Terms
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.
Entire Agreement
These Terms constitute the entire agreement between you and Cokpit regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter of these Terms.
Modifications
Cokpit reserves the right to modify these Terms at any time. We will provide notice of such modifications by posting the updated Terms on the Service and updating the “Effective as of” date at the top of these Terms. Your continued use of the Service after the posting of modified Terms constitutes your acceptance of the modified Terms.
Contact Information
If you have any questions, concerns, or comments about these Terms, please contact us at [email protected].