Terms of Service

1. Acceptance of Terms

By accessing or using the BLUEWHALEOPS platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you and TAVARA HOLDINGS OPC ("TAVARA", "we", "us", or "our"). These Terms apply to all users, including individuals and organizations that register accounts, configure monitoring ventures, or interact with any part of the platform.

2. Service Description

BLUEWHALEOPS is a SaaS infrastructure monitoring platform operated by TAVARA HOLDINGS OPC. The Service provides autonomous health checks, incident detection, SLA tracking, security auditing, AI-powered root cause analysis, predictive failure detection, and performance analytics for web applications and services. The platform deploys autonomous agents that continuously scan configured endpoints to assess availability, response times, and security posture. Features may vary depending on your subscription plan.

3. Account Registration

To use the Service, you must register for an account. When registering, you agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain and promptly update your account information to keep it accurate and complete.
• Maintain the confidentiality and security of your account credentials, including your password.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate accounts that contain inaccurate or incomplete information.

4. Subscription Plans & Payment

BLUEWHALEOPS operates on a freemium model. A free tier is available with limited features and monitoring capacity. Paid subscription plans offer expanded capabilities and are billed through Stripe, our third-party payment processor.

• Paid plans include a 14-day free trial period. You will not be charged until the trial expires.
• After the trial period, your selected plan will be billed on a recurring basis (monthly or annually) unless cancelled.
• You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No prorated refunds will be issued for partial billing periods.
• We reserve the right to modify pricing with 30 days' advance notice. Continued use after a pricing change constitutes acceptance of the new pricing.
• Failed payments may result in suspension of paid features until payment is resolved.

5. User Obligations

As a user of the Service, you agree to the following obligations:

• You may only monitor domains and endpoints that you own or have explicit written authorization to monitor.
• You agree not to use the Service for any unlawful, fraudulent, or malicious purpose.
• You shall not attempt to disrupt, degrade, or interfere with the operation of the platform or its infrastructure.
• You must comply with all applicable laws, regulations, and third-party agreements in connection with your use of the Service.
• You shall not reverse engineer, decompile, or attempt to extract the source code of the Service.
• You shall not use the Service to conduct unauthorized vulnerability scanning or penetration testing against third-party systems.

6. Intellectual Property

BLUEWHALEOPS, including all software, designs, trademarks, logos, documentation, and content, is and remains the exclusive property of TAVARA HOLDINGS OPC. All rights not expressly granted in these Terms are reserved by TAVARA.

Your data remains your property. You retain all rights, title, and interest in and to the data you submit to or generate through the Service. By using the Service, you grant TAVARA a limited, non-exclusive license to process your data solely for the purpose of providing and improving the Service.

7. Data & Privacy

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge that you have read and understood our Privacy Policy and consent to the practices described therein.

8. AI-Powered Features

BLUEWHALE uses AI for root cause analysis and predictive failure detection. AI outputs are informational guidance only and are NOT a substitute for professional engineering judgment. You remain responsible for your infrastructure decisions. TAVARA does not warrant the accuracy, completeness, or reliability of any AI-generated analysis or recommendation. You should independently verify AI outputs before taking action based on them.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TAVARA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TAVARA OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TAVARA HOLDINGS OPC'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO TAVARA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL TAVARA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF TAVARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Indemnification

You agree to indemnify, defend, and hold harmless TAVARA HOLDINGS OPC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your infringement of any third-party rights, including intellectual property rights.

12. Termination

Either party may terminate this agreement at any time. You may terminate your account by contacting support or using the account settings within the Service. TAVARA may suspend or terminate your access to the Service at any time, with or without notice, for conduct that we determine violates these Terms or is harmful to other users, us, or third parties.

Upon termination, your right to use the Service will immediately cease. Data retention and deletion following termination will be handled in accordance with our Privacy Policy.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be subject to the jurisdiction of the courts of the Republic of the Philippines.

14. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Service, the parties shall first attempt to resolve the matter through good faith negotiation for a period of thirty (30) days. If the dispute cannot be resolved through negotiation, it shall be referred to and finally resolved by binding arbitration administered in Makati City, Philippines, in accordance with applicable Philippine arbitration rules. The language of arbitration shall be English. The arbitral award shall be final and binding upon both parties.

15. Changes to Terms

We may update these Terms from time to time. When we make material changes, we will provide at least thirty (30) days' advance notice via email to the address associated with your account and through an in-app banner within the Service. Your continued use of the Service after the updated Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the Service before the changes take effect.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

17. Contact

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us at:

TAVARA HOLDINGS OPC
Email: care@tavaraholdings.com