Terms of Service

Agreement to terms

These Terms of Service (the “Terms”) are a binding agreement between you and the entity you represent (“you”, “your”, or “Customer”) and AIKAY Technologies Pvt Ltd, the company that builds and operates Capnode (“Capnode”, “we”, “us”, or “our”). They govern your access to and use of the Capnode platform, the Capnode agent, the Capnode server, the Aria conversational AI, our websites, and any related documentation, APIs, and support (together, the “Service”).

By installing the Capnode agent into a Kubernetes cluster, creating an account, or otherwise accessing or using the Service, you agree to these Terms. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization. If you do not agree, do not install the agent or use the Service.

Capnode performs automated and, where you enable it, autonomous operations on infrastructure you control. Because of this, the sections on Customer responsibilities and Autonomous actions & approvals are especially important — please read them in full.

Definitions

• Agent — the Capnode software component you install into your Kubernetes cluster. It is RBAC-scoped, runs with the least privilege you grant it, observes cluster state and events, and executes approved remediation actions.
• Server — the Capnode control plane that receives cluster state from the Agent over a long-lived secure connection, persists it, runs detection and diagnosis, dispatches actions, and serves the user interface and Aria.
• Aria — Capnode’s conversational AI layer that answers questions about your clusters in plain language and proposes evidence-backed fixes.
• Cluster — any Kubernetes cluster into which you install the Agent and connect to the Service.
• Customer Data — cluster state, events, metadata, configuration, and other data the Agent transmits to, or you submit through, the Service.
• Remediation Action — a change the Service can apply to your Cluster (for example, restarting a workload, adjusting resource requests or limits, or scaling). Each action is assigned a safety tier — see Autonomous actions & approvals.
• SAFE_AUTO and ALWAYS_APPROVAL — the two safety tiers that classify Remediation Actions as eligible for automatic execution or as requiring explicit human approval, respectively.

The service

Capnode is an autonomous AI SRE and Kubernetes workloads-management platform. It operates on a closed loop — Detect → Diagnose → Remediate → Learn — to keep the clusters you connect healthy and efficient. The core capabilities include:

• AI workloads management — continuously right-sizing and managing workloads (requests, limits, and replicas) to real demand.
• Cost optimization — dissolving idle non-production resources at rest and restoring them on first use, to reduce cloud spend.
• Incident detection — natively detecting common Kubernetes failure modes (such as CrashLoopBackOff, OOMKilled, ImagePullBackOff, pending PVCs, HPA thrash, DNS issues, certificate expiry, and node pressure) without requiring an external metrics stack.
• Autonomous remediation — a memory-first, deterministic engine that resolves recognized incidents quickly, subject to the safety tiers and approvals you configure.
• AI security posture — operating as a least-privilege, RBAC-scoped agent with a contained blast radius by design.

You install the Agent into your Cluster; it streams cluster state and events to the Server, which stores that data, runs detection and diagnosis, and exposes a web interface for triage, chat with Aria, and action approval. We may update, improve, or modify the Service over time. We will not materially reduce the core functionality of a paid plan during a paid term without notice; see Changes to terms.

Accounts & registration

To use most of the Service you must create an account and connect at least one Cluster. You agree to provide accurate, current, and complete registration information and to keep it up to date. You are responsible for safeguarding your account credentials and for all activity that occurs under your account.

• You must promptly notify us at support@capnode.io of any unauthorized use of your account or any other suspected security breach.
• You are responsible for configuring access controls, roles, and permissions for the users in your organization who use the Service.
• You must be of legal age to form a binding contract and not barred from using the Service under the laws of any applicable jurisdiction.

Plans, trials & changes

The Service is offered under the plans described on our pricing page. Fees, billing cadence, and entitlements are those stated for the plan you select or otherwise agreed in an order. Unless stated otherwise, fees are exclusive of taxes, and you are responsible for any applicable taxes other than taxes on our net income.

• Trials. We may offer free or trial access. Trials are provided “as is”, may have limited functionality, and may be modified or discontinued at any time. Any data created during a trial may be deleted if you do not convert to a paid plan.
• Changes. We may change plan features and pricing on a going-forward basis. Changes to recurring fees take effect at your next renewal, and we will give reasonable advance notice.
• Non-payment. If fees are past due, we may suspend the Service as described under Suspension after reasonable notice.

Customer responsibilities

You operate and remain in control of your own infrastructure. Capnode acts on your Clusters only with the access you grant and within the automation settings you configure. Accordingly, you are responsible for:

• Your clusters. You own and control your Kubernetes clusters and the workloads running on them. You decide which Clusters to connect and may disconnect the Agent at any time.
• The RBAC scope you grant. You determine the Kubernetes role-based access control (RBAC) permissions assigned to the Agent. The Agent can only observe and act within the scope you grant; granting broader permissions widens what the Service can do, and is your decision.
• Your data and configurations. You are responsible for the accuracy and lawfulness of the Customer Data you submit, for your manifests and configurations, and for maintaining your own backups and disaster-recovery posture.
• Lawful use. You will use the Service in compliance with these Terms, our Acceptable Use Policy, and all applicable laws and regulations, and will ensure your users do the same.
• Configuring automation. You are responsible for reviewing and configuring which Remediation Actions run automatically versus require approval, and for the operational consequences of those settings within your environment.

Acceptable use

Your use of the Service is subject to our Acceptable Use Policy (the “AUP”), which is incorporated into these Terms by reference. Among other things, you must not misuse the Service, attempt to gain unauthorized access to it or to other customers’ data, interfere with its integrity or performance, or use it to act unlawfully or to harm others. A violation of the AUP is a violation of these Terms and may result in suspension or termination.

Autonomous actions & approvals

Capnode is built around a true human-in-the-loop safety model. Every Remediation Action is assigned a safety tier:

• SAFE_AUTO. Lower-risk actions that may run automatically when you enable automation, so recognized incidents can be resolved without waiting for a human.
• ALWAYS_APPROVAL. Higher-risk actions that always require an explicit human click before they are applied — they are never executed automatically.

You configure the degree of automation for your environment, including whether SAFE_AUTO actions run automatically at all. The Agent is RBAC-scoped and least-privilege, and by design never mutates its own namespace. Even so, autonomous operation acts on live infrastructure, and you remain responsible for your environment, including the configuration choices you make, the permissions you grant the Agent, and the outcome of actions you authorize (whether by enabling automation or by approving a specific action). To the extent permitted by law, we are not liable for consequences arising from actions you configured the Service to take or that you approved. We recommend testing automation settings in a non-production environment first and maintaining your own backups.

Intellectual property

As between the parties, we and our licensors own all right, title, and interest in and to the Service, including the Agent, the Server, Aria, the user interface, documentation, and all related software, models, and intellectual property, together with any improvements to them. Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription term, solely for your internal business operations.

As between the parties, you retain all right, title, and interest in and to your Customer Data. You grant us a limited license to host, process, and transmit Customer Data solely to provide, secure, and improve the Service and as otherwise described in our Privacy Policy. You may not copy, modify, reverse engineer, or create derivative works of the Service except to the extent that restriction is prohibited by applicable law, nor remove any proprietary notices.

Feedback

If you choose to give us suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose, including to improve the Service, without any obligation or compensation to you. Feedback is provided voluntarily and is not your confidential information.

Third-party services

The Service may interoperate with third-party products and services that you choose to connect — for example, container registries, cloud providers, notification or ticketing tools, and the Kubernetes clusters and cloud infrastructure on which your workloads run. Your use of those third-party services is governed by their own terms and privacy policies. We are not responsible for third-party services, and your dealings with them are solely between you and the relevant provider. If a third-party service becomes unavailable, related Service functionality may be affected.

Warranties & disclaimers

The Service is provided “as is” and “as available”. To the maximum extent permitted by applicable law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, error-free, or completely secure, that defects will be corrected, or that detection, diagnosis, or remediation will identify or resolve every issue in your environment. AI-generated output, including Aria’s answers and proposed fixes, may contain inaccuracies and is provided for your review — you are responsible for evaluating it before relying on or acting upon it. Some jurisdictions do not allow certain disclaimers, so portions of this section may not apply to you.

Limitation of liability

To the maximum extent permitted by applicable law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, or business interruption, arising out of or related to these Terms or the Service, whether based in contract, tort (including negligence), or any other theory, even if advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or related to these Terms or the Service will not exceed the total amounts you paid to us for the Service during the twelve (12) months immediately preceding the event giving rise to the liability. These limitations form an essential basis of the bargain between the parties and apply even if a limited remedy fails of its essential purpose. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

Indemnification

You will defend, indemnify, and hold harmless AIKAY Technologies Pvt Ltd and its officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your Customer Data or your configurations; (b) your use of the Service in violation of these Terms or the Acceptable Use Policy or applicable law; (c) the RBAC permissions you grant and the automation you configure or actions you approve; or (d) your infringement or misappropriation of any third party’s rights. We will promptly notify you of the claim, give you control of the defense (subject to our right to participate with our own counsel), and provide reasonable cooperation at your expense.

Term & termination

These Terms apply from the time you first access the Service and continue until terminated. Your subscription term and renewal are as stated in your plan or order. Either party may terminate these Terms for the other party’s material breach that remains uncured thirty (30) days after written notice. You may stop using the Service at any time, including by disconnecting the Agent from your Clusters and closing your account.

Upon termination, your right to access the Service ends. You may export Customer Data before termination where the Service provides an export mechanism; thereafter we may delete Customer Data in accordance with our Privacy Policy and applicable retention obligations. Sections that by their nature should survive — including Intellectual property, Feedback, Warranties & disclaimers, Limitation of liability, Indemnification, and Governing law & disputes — survive termination.

Suspension

We may suspend or restrict your access to all or part of the Service, with notice where reasonably practicable, if: (a) you are in material breach of these Terms or the Acceptable Use Policy; (b) your use poses a security risk to the Service or to others, or may subject us or others to liability; (c) fees are overdue after reasonable notice; or (d) we are required to do so by law. Where the cause is within your control, we will restore access promptly after you resolve it. Suspension does not relieve you of fees accrued before or during the suspension.

Governing law & dispute resolution

These Terms are governed by the laws of India, without regard to its conflict-of-laws rules. The courts located in India will have jurisdiction subject to the arbitration provision below. Where you are located in the European Economic Area (EEA) or United Kingdom, mandatory consumer-protection and data-protection rights you may have under local law (including the GDPR) are not affected; where you are a California resident, applicable rights under the CCPA are likewise not affected.

The parties will first attempt to resolve any dispute arising out of or relating to these Terms through good-faith negotiation. Any dispute that is not resolved within thirty (30) days will be finally resolved by binding arbitration seated in India and conducted in English in accordance with the applicable Indian arbitration rules then in force, by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction. Nothing in this section prevents either party from seeking interim or injunctive relief from a court to protect its intellectual property or confidential information.

Changes to terms

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and provide reasonable notice — for example, by posting a notice in the Service or on our website, or by email. Changes become effective when posted unless stated otherwise. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the changes, you should stop using the Service before they take effect.

Contact

Questions about these Terms can be sent to our team. We are happy to clarify any section and will respond as promptly as we can.