ServerMind for Kubernetes — Subscription Agreement
Last updated: 1.2 — effective 2026-11-01
Upcoming version — not in force yet. Until its effective date the current Agreement (version 1.1 — effective 2026-10-11) applies.
Version 1.2 — effective 2026-11-01
This Agreement is between Exeliontech Ltd, a company registered in Bulgaria under number 208069192 ("we", "us") and the organisation installing or using ServerMind for Kubernetes ("you"). By installing, activating or using the Software you accept it. If you are accepting on behalf of an organisation, you confirm you may bind it.
Note for the reader. This document describes what the Software actually does. Where it states a technical behaviour — what is metered, what stops on expiry, what is sent to us — that behaviour is implemented and can be verified in the product. We have tried to write it so it can be read rather than merely signed.
1. Definitions
Software — ServerMind for Kubernetes, including the manager, the cluster agent, the console, the Helm charts and any documentation we supply.
Installation — one deployment of the manager and the clusters it manages.
Identified by the kube-system namespace UID of the cluster the manager runs
on.
Managed Cluster — a Kubernetes cluster registered with your Installation.
Worker Node — a node of a Managed Cluster that is not a control-plane node. Control-plane nodes are not counted and are not charged for.
Subscription Term — the period your subscription covers, as stated on your order.
Free Tier — the entitlement available without a paid subscription: one Managed Cluster and three Worker Nodes.
2. What you may do
Subject to this Agreement and to a current subscription, we grant you a non-exclusive, non-transferable, non-sublicensable right, for the Subscription Term, to:
a) install and run the Software on infrastructure you control or lawfully direct, for your own internal business purposes; b) manage up to the number of Managed Clusters and Worker Nodes your subscription covers; c) make a reasonable number of copies for backup and disaster recovery.
This is a licence to use, not a sale. We and our licensors retain all right, title and interest in the Software.
3. Subscription, metering and fees
3.1 What is counted. Worker Nodes across all Managed Clusters. Control-plane nodes are not counted. Managed Cluster count may bound your plan.
3.2 How it is counted. The Software records the number of Worker Nodes continuously and keeps two figures: the current reading and the highest reading in the billing period. You are invoiced on the period's highest reading. A month in which you ran 200 Worker Nodes is a month in which you had 200 Worker Nodes' worth of the Software.
3.3 Why the peak. So that scaling up during an incident is never blocked and never has to be asked for. The Software will not refuse growth to keep you under a limit mid-incident; it invoices the truth afterwards.
3.4 Fees are as stated on your order, payable as stated there. Fees exclude taxes, which you bear.
4. What you may not do
You may not:
a) resell, rent, sublicense, or provide the Software to third parties as a service, or operate it on behalf of a third party; b) remove, disable, bypass or circumvent, or attempt to, any licensing, metering, entitlement or usage-reporting function of the Software or any limit it enforces — including by modifying, patching or rebuilding the Software or its container images, by altering or replaying the data it reports to us, by altering the system clock it relies on, or by using an activation, instance identifier or licence on any Installation other than the one it was issued for; or misreport what you run; c) remove or obscure any proprietary notice; d) use the database's schema definition interfaces (DDL) to modify the structure of the ServerMind database. The database component includes TimescaleDB under the Timescale License, and this restriction is a condition of our right to include it. Reading the database is not restricted by this clause; e) use the included database as a general-purpose database, or to provide database-as-a-service, time-sharing or software-as-a-service to third parties; f) make, distribute, offer or possess for commercial purposes any means whose sole intended purpose is to facilitate the unauthorised removal or circumvention of the Software's licensing or entitlement functions (Article 7(1)(c) of Directive 2009/24/EC).
Your use of TimescaleDB Community Edition, as part of the Software, is subject
to the most current version of the Timescale License Agreement, available at
https://www.tigerdata.com/legal/licenses. The notice it requires is in
THIRD-PARTY-LICENSES.md.
4.1 Reverse engineering. Except to the extent mandatory law permits, you may not reverse engineer, decompile or disassemble the Software. Nothing in this clause restricts rights you have under Articles 5(3) and 6 of Directive 2009/24/EC, or equivalent mandatory law, to observe, study and test the Software, or to decompile it for interoperability. If you need interoperability information, ask us first — we will usually just give it to you.
4.2 Modified versions. Modified versions of the Software, including those you build for error correction, remain the Software under this Agreement and are subject to its limits and to clause 6. Nothing in clause 4 restricts the acts that Articles 5(2), 5(3) and 6 of Directive 2009/24/EC permit.
5. Free Tier
The Free Tier is granted under this Agreement, indefinitely, at no charge, for one Managed Cluster and three Worker Nodes. It carries no support commitment and no service level. Everything in clause 4 applies to it.
The Free Tier is not a trial that ends. An Installation that never activates a subscription runs on it and keeps running.
If an Installation on the Free Tier manages more than one Managed Cluster or more than three Worker Nodes, the Software shows a notice for seven days. If usage is still above those limits after that, changes made through the Software are paused until usage is back within them or a subscription is activated. Reading, exporting your data and audit records, and removing Managed Clusters and Worker Nodes are not paused, and nothing running on your clusters is affected. Where a subscription has lapsed, its grace period counts as that notice.
6. Usage reporting
6.1 Reporting is on by default. The Software reports your usage to us periodically. What it sends is: your instance identifier; the current Worker Node count; for the current billing period, the Worker Node and Managed Cluster counts (current and highest) and the date the period started; the instance identifiers your installation is bound to, derives from its own cluster, and that your licence names; the version of the manager; the release image digests the manager and the agents run, each with whether it is a signed ServerMind release and, for an agent, how many Managed Clusters run it; whether the Software has found its own state restored from a backup or edited, and when; a timestamp; and signatures over the above. It sends no cluster names, namespaces, workload information, configuration, logs, metrics or personal data. An Installation that has not activated sends the same report once a day, without signatures, under the instance identifier its cluster derives; if it cannot reach us, nothing is sent and nothing changes.
6.2 You may turn it off. Isolated and air-gapped networks are a supported configuration, and reporting can be disabled. If you disable it, you agree to declare your Worker Node usage to us at each renewal, and on reasonable request. The Software writes that declaration for you as a signed usage report file with the same contents as clause 6.1, which you can review and upload in the licence portal.
6.3 Audit. No more than once in any twelve months, and on thirty days' written notice, you will provide records sufficient to verify your usage. We will not require access to your systems. If an audit shows usage above your subscription by more than five per cent, you will pay the difference for the period concerned.
7. What happens when a subscription ends
This clause describes implemented behaviour.
7.1 Notice. The console warns administrators before expiry.
7.2 Grace. For the grace period stated in your licence after expiry, nothing changes. The Software behaves exactly as it did while current. The grace period is at least fourteen days for a subscription billed monthly and at least thirty days for one billed annually; a licence that states none has fourteen.
7.3 After grace. The Installation stops accepting changes: no new Managed Clusters, no deployments, upgrades, synchronisations or configuration changes through the Software.
Installing updates of the Software itself, including every security update, is never paused: the manager's update function and the agent upgrade keep working, at no charge.
7.4 What continues, in all cases. Your Managed Clusters keep running — they are yours and the Software does not control their workloads. The console continues to show them. Observation, alerting and history continue. Your own access to your own clusters, by any means, is unaffected.
We do not hide your infrastructure from you, stop your workloads, or delete your data, at any point, for any commercial reason. If you stop paying, you lose the ability to use the Software to make changes. You do not lose sight of your own estate.
7.5 Restoring. Installing a current licence resumes everything immediately. Nothing is lost in the meantime.
7.6 Your data. On termination you may export your data for ninety days. We will not withhold it.
8. Confidentiality
The Software, its source code, and any non-public information we give you are our confidential information and our trade secrets. You will protect them with at least the care you use for your own confidential information, and will not disclose them except to your personnel and contractors who need them and are bound by equivalent obligations.
This obligation survives termination.
9. Third-party components
The Software includes third-party components under their own terms, reproduced
in THIRD-PARTY-LICENSES.md. Those terms govern those components and prevail
over this Agreement in respect of them. We make no additional warranty for
them.
10. Data protection
The usage reports described in clause 6 carry no personal data. The
connection that delivers them shows us your installation's public IP
address, which we keep for 90 days, as our Privacy Notice
(docs/legal/privacy-notice.md) explains. Where we process personal data on
your behalf — support material, a remote session you start, a key recovery —
we do so as your processor under the Data Processing Agreement
(docs/legal/dpa.md). Support and security updates are governed by the
Support and Service Level Terms (docs/legal/support-and-sla.md), which
state the security support period.
11. Warranty
We warrant that the Software will materially perform as documented during the Subscription Term, and that we will not knowingly include malicious code.
Your remedy for a breach of this warranty is that we repair the Software, replace it, or refund the fees for the affected period, at our choice.
Otherwise the Software is provided "as is". We disclaim all other warranties to the extent the law allows, including merchantability and fitness for a particular purpose.
12. Liability
Neither party excludes liability for death or personal injury caused by negligence, for fraud, for intentional acts or gross negligence, or for anything else that cannot lawfully be excluded.
Subject to that, neither party is liable for indirect or consequential loss, loss of profit, revenue, goodwill or data, and each party's total liability under this Agreement is limited to the fees paid or payable in the twelve months before the claim.
13. Term and termination
This Agreement runs for the Subscription Term and renews as stated on your order.
Either party may terminate for material breach not cured within thirty days of written notice. We may suspend the Software's change functions, as described in clause 7, for non-payment.
On termination you stop using the Software and, on request, confirm you have removed it. Clauses 4, 8, 9, 11, 12 and 14 survive.
14. General
Governing law. The laws of Bulgaria, with the courts of Sofia having exclusive jurisdiction, except that either party may seek injunctive relief anywhere.
Assignment. Neither party may assign without the other's consent, except to a successor of substantially the whole business.
Entire agreement. This Agreement and your order are the whole agreement between us on this subject.
Changes. We may change this Agreement. When we do:
- we give you at least fifteen days' notice before the change takes effect, and longer where the change would require you to make technical or commercial adaptations;
- the notice appears in the console and states what changed and the date it takes effect;
- until that date your subscription continues to be governed by the version you accepted, and nothing in the Software changes;
- you may terminate before the change takes effect, and we will refund the unused part of any period you have paid for.
We will not change this Agreement retroactively.
Severability. If a provision is unenforceable, the rest stands.
Contact: [email protected]