Traefik Labs Online Service Agreement
Effective date: June 1st, 2022
1.1 “Software” means the open-source elements of the Cloud Native Edge Router software Traefik that are made available by Traefik Labs under the MIT software license.
1.2 “Service” means Traefik Labs’s online plugins service, Plugin catalog, that works in connection with Software installed by you on your equipment.
2. The Service
Subject to the terms and conditions of this Section 2, Traefik Labs shall make available to the Customer access to use the Service for its own internal information processing service and computing needs. Nothing in this Agreement will limit any Customer rights the Customer may have, apart from this Agreement, to use the Software, which is granted subject to the applicable open source terms and conditions.
2.2 Use of Account.
The Customer shall not use the Service, or permit it to be used, for purposes of benchmarking or other comparative analysis without Traefik Labs’ prior written consent.
The Customer shall use the Service in accordance with any acceptable use policies promulgated by Traefik Labs.
The Service is free of charge.
Traefik Labs reserves the right to charge fees for new functionality, which will be subject to agreement between the Customer and Traefik Labs on separate terms and conditions.
In the event Traefik Labs determines to charge for the Service in the future, Traefik Labs will terminate this Agreement as described in Section 4, and the Customer’s continued use of the Service will require the Customer to enter into a new agreement governing such use and the applicable fees.
2.4 Support Materials.
Traefik Labs is not obligated to provide any support for the Service, however, the Customer may access online support materials at the Traefik Labs Community Forum
Traefik Labs will have the right to use any information provided by the Customer (including information provided by the Software and the Service) (“Customer Usage Data”) for the purpose of providing the Service to the Customer, including to prevent or address support, service, or technical problems, or to analyze or improve the Service.
3. Warranty Disclaimer and Limitation of Liability
Traefik Labs makes no warranties, whether express, implied, or statutory regarding or relating to the Service, or any materials provided to the Customer relating to the Service. TRAEFIK LABS HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE, AND WITH RESPECT TO THE USE THEREOF.
3.2 Limitation of Liability.
IN NO EVENT WILL TRAEFIK LABS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE SERVICE, EVEN IF TRAEFIK LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRAEFIK LABS’S LIABILITY UNDER THIS AGREEMENT FOR DAMAGES WILL NOT, IN ANY EVENT, EXCEED 100€. The provisions of this Section allocate risks under this Agreement between the Customer and Traefik Labs in light of the free of charge nature of the Service.
4. Term and Termination
This Agreement will take effect when the Customer first accesses the Service and will remain in force until terminated in accordance with this Agreement.
4.2 Termination at Will.
This Agreement may be terminated by either party upon written notice, for any reason or no reason.
Termination of this Agreement will not affect the provisions regarding the use of data, provisions limiting or disclaiming Traefik Labs’s warranties or liability, or the general provisions of Section 5, which provisions will survive termination of this Agreement.
5. Customer’s contracting Party, Governing Laws, Jurisdiction, and Notices
(a) If the Customer is domiciled in Europe, then (i) ”Traefik Labs” means Traefik Labs SAS, 132 Rue Bossuet, 69006 Lyon, France, (ii) this Agreement will be governed by the laws of France, and (iii) the parties consent to the personal and exclusive jurisdiction of courts located in France.
(b) If the Customer is domiciled in any other place, then (i) ”Traefik Labs” means Traefik Labs Inc., 79 Coleridge Street, San Francisco, CA 94110, USA, (ii) this Agreement will be governed by the laws of the State of California. Any dispute arising out of or relating to this Agreement will be subject to arbitration before one arbitrator, according to the rules of JAMS, and conducted in Santa Clara County, California.
5.2 Governing Law and Jurisdiction.
Each Party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above.
Any notice or other communication under this Agreement given by either Party to the other will be deemed to be properly given if given: (i) in writing and delivered in person; (ii) by email, if acknowledged and received by a non-automated response; (iii) by mail, if mailed, properly addressed, and stamped with the required postage to the corresponding address stated above; or (iv) by next day delivery, if mailed by a major commercial delivery service. Either Party may from time to time change its address for notices under this Section by giving the other Party notice of the change in accordance with this Section.
This Agreement is the entire agreement between the parties on the subject matter hereof. No amendment or modification hereof will be valid or binding upon the parties unless made in writing and signed by the duly authorized representatives of both parties.
The relationship of the parties hereunder is that of independent contractors, and this Agreement will not be construed to imply that either party is the agent, employee, or joint venturer of the other. In the event that any provision of this Agreement is held to be unenforceable, this Agreement will continue in full force and effect without said provision and will be interpreted to reflect the original intent of the parties.
The Customer may not assign this Agreement (by operation of law or otherwise) without the prior written consent of Traefik Labs, and any prohibited assignment will be null and void. This Agreement will be binding upon and will inure to the benefit of the parties permitted successors and/or assignees. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder will not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right. Except for the payment of fees hereunder, nonperformance of either party will be 44excused to the extent that performance is rendered impossible by strike, fire, flood, earthquake, pandemic, governmental acts or orders or restrictions, or any other reason when failure to perform is beyond the reasonable control of the nonperforming party.