EULA | CPS1

End-user License Agreement (EULA)

Last updated: June, 30th, 2025

This End User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single legal entity, "You" or "Licensee") and CPS1 Tecnologia LTDA, a company duly organized and existing under the laws of Brazil, registered under CNPJ No. 55.549.744/0001-51, with its principal place of business at Rua José de Almeida, 238, Sala 2E, Jardim Bom Retiro, Campinas/SP, CEP 13092-400 ("Licensor").

By downloading, installing, copying, or otherwise using the CPS1 software (the “Software”), You agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, do not install or use the Software.

1. Definitions

1.1 Active User. An “Active User” is defined as any individual with an enabled user account in the CPS1 system, regardless of actual usage frequency.

1.2 Instance. An “Instance” refers to a single deployment of the Software within a Kubernetes cluster, regardless of namespace or environment (e.g., dev/stage/prod), unless otherwise authorized in writing by CPS1 Tecnologia LTDA.

2. License Grant

2.1 Community Edition License. Subject to the terms of this Agreement, CPS1 Tecnologia LTDA grants You a limited, non-exclusive, non-transferable, revocable license to install and use the CPS1 Community Edition within Your organization, solely for internal use and free of charge, provided that no more than ten (10) Active Users access or use the Software.

2.2 Instance Limitation. You may operate only one (1) Instance of CPS1 Community Edition within your organization under this free license. Use of the Software on multiple Kubernetes clusters requires a paid license.

3. Restrictions

3.1 No Circumvention. You may not bypass, disable, or circumvent usage limitations or user restrictions, nor may You use the Software in a manner that exceeds the scope of the license granted herein.

3.2 Prohibited Use. You may not:
(a) sublicense, sell, rent, lease, or otherwise distribute the Software
(b) modify, reverse engineer, decompile, or disassemble the Software

4. Support and Maintenance

4.1 No Support Obligation. CPS1 Tecnologia LTDA provides the CPS1 Community Edition “as is” and without any commitment to provide support, maintenance, or updates.

4.2 Commercial License. If You require support, maintenance, or usage beyond the limitations described in Section 2.1 or 2.2 — including use by more than ten (10) Active Users or across multiple Instances — You must obtain a paid license subscription, which entitles You to full technical and commercial support from CPS1 Tecnologia LTDA.

5. Ownership

The Software is licensed, not sold. CPS1 Tecnologia LTDA retains all right, title, and interest in and to the Software, including all intellectual property rights therein. This Agreement does not grant You any ownership interest in the Software.

6. Termination

This Agreement is effective until terminated. Without prejudice to any other rights, CPS1 Tecnologia LTDA may terminate this Agreement immediately if You fail to comply with its terms. Upon termination, CPS1 Tecnologia LTDA may disable Your access to the Software, and You must immediately cease all use and destroy all copies in Your possession. You agree to certify in writing that all such copies have been deleted upon request.

7. Disclaimer of Warranty

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. Limitation of Liability

IN NO EVENT SHALL CPS1 TECNOLOGIA LTDA BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Brazil, without regard to its conflict of law provisions. The parties agree to attempt to resolve any dispute arising out of or in connection with this Agreement through good faith negotiations. If unresolved, the dispute shall be subject to mediation in São Paulo, Brazil, before either party may initiate litigation. Any remaining disputes shall be subject to the exclusive jurisdiction of the courts located in São Paulo, Brazil.

10. Miscellaneous

10.1 Entire Agreement. This Agreement constitutes the entire agreement between You and CPS1 Tecnologia LTDA with respect to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter.

10.2 Severability. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

10.3 Audit Rights. CPS1 Tecnologia LTDA reserves the right to request reasonable evidence of compliance with the terms of this Agreement, including the number of Active Users and Instances in use by Your organization.

11. Telemetry and Data Collection

11.1 Data Collected. The Software includes telemetry features that automatically collect and transmit information to CPS1 Tecnologia LTDA. This includes, but is not limited to:

Number of Active Users
Number of Workspaces
Cluster-specific metadata such as cloud provider, Kubernetes version, and node information

11.2 Purpose of Collection. This data is collected to ensure product reliability, improve user experience, and allow CPS1 Tecnologia LTDA to provide effective technical support where applicable.

11.3 Anonymity and Privacy. All telemetry data is collected and stored in an anonymized and non-identifiable manner. No personally identifiable information (PII) is collected, stored, or transmitted through the telemetry mechanism.

11.4 Disabling Telemetry. Telemetry is enabled by default and is required for all users of the CPS1 Community Edition. The option to disable telemetry is available only to customers with a valid paid license subscription.

11.5 Compliance Responsibility. You are responsible for ensuring that Your use of the Software, including the telemetry features, complies with any applicable data protection or privacy laws within Your jurisdiction.

12. Open Source Components

12.1 Third-Party Software. The Software rely upon third-party open source components that are distributed under their own applicable open source licenses. A list of such components and their respective licenses is available upon request.

13. Updates to the Software and the Agreement

13.1 Software Updates. CPS1 Tecnologia LTDA may, from time to time, release updates, patches, or new versions of the Software. Unless otherwise specified, such updates shall be governed by this Agreement.

13.2 Changes to the Agreement. CPS1 Tecnologia LTDA reserves the right to modify this Agreement at any time. Material changes will be communicated via the Software interface or via a notice posted on CPS1 Tecnologia LTDA’s official website. Continued use of the Software after such changes constitutes Your acceptance of the revised Agreement.