OpsKern OpsKern_

Terms of Service

DRAFT — PENDING ATTORNEY REVIEW

Last updated: March 2026

Disclaimer: These terms are written in plain English to be readable and transparent. They are not a substitute for legal advice. If you have questions about your rights or obligations, consult an attorney.

The Short Version

You pay a monthly per-server fee. Depending on your tier, we either watch your infrastructure (Monitored) or watch and fix it (Managed). Either party can cancel with 30 days notice after the minimum term. We are not liable for things outside our control.

Who We Are

These terms are between you (“Client”) and OpsKern LLC, a Delaware limited liability company, with registered agent address at 8 The Green #21664, Dover, DE 19901 (“OpsKern,” “we,” “us”). William Smith is the sole operator.

Services

OpsKern provides infrastructure services in two tiers, priced per server per month:

  • Monitored ($75/server/month) — We watch, you fix: Real-time dashboards, 24/7 alerting, vulnerability scanning, backup verification reports.
  • Managed ($125/server/month) — We watch, we fix: Everything in Monitored, plus AI-powered root cause analysis, automated remediation, zero-touch patching, automatic rollback, and SLA-backed response times.

Annual billing: 2 months free (Monitored $62.50, Managed $104 per server/month). Setup fee: $500 one-time (waived with annual prepayment). Minimum spend: $375/month. 14-day free trial available. Full details on the Pricing page.

We will:

  • Monitor your infrastructure and respond to alerts (both tiers)
  • Maintain backups per your tier’s specifications
  • Report vulnerabilities and backup status (both tiers)
  • Apply security updates and automated remediation (Managed tier)
  • Provide access to the client portal (portal.opskern.io) for monitoring, alerts, and billing management

We will not:

  • Develop custom applications
  • Manage services not covered by your tier
  • Guarantee uptime for infrastructure we do not manage
  • Apply patches or remediation on Monitored tier systems (that’s your responsibility)

Account Responsibilities

When you subscribe to our services (or create an account on portal.opskern.io once it launches), you are responsible for:

  • Keeping your login credentials secure and not sharing them
  • Providing accurate billing and contact information
  • Notifying us immediately if you suspect unauthorized access to your account
  • All activity that occurs under your account

You must be at least 18 years old to use our services.

Backups Are Required

You must maintain independent backups of your data and configurations as a condition of service. Our automated systems may modify system state, and you are responsible for being able to restore to a prior state. We are not responsible for data loss if you don’t maintain backups.

Infrastructure Access and Data Handling

To deliver our services, we require access to your servers via Tailscale VPN. This means:

  • We deploy monitoring agents (Prometheus, Grafana, Loki) that collect server metrics and logs
  • Our operations agent runs automated remediation playbooks on your servers
  • We access your servers via SSH with key-only authentication
  • All management traffic is encrypted via Tailscale

You are responsible for:

  • Providing and maintaining Tailscale VPN access to managed servers
  • Not modifying managed configurations without coordinating with us
  • Notifying us of any security incidents you discover on managed infrastructure

We treat your infrastructure data as confidential. We do not access, copy, or inspect your application data, databases, or user files unless you explicitly ask us to for troubleshooting purposes.

Free Trial

Both tiers include a 14-day free trial with full access. Cancel any time during the trial at no charge. If you don’t cancel, your subscription converts to paid automatically.

Billing and Payment

  • Setup fee: $500 one-time, due before provisioning begins (waived with annual prepayment)
  • Minimum term: 3 months for monthly billing; annual subscriptions renew automatically unless you give 30 days notice before renewal
  • Monthly fee: invoiced on the 1st of each month, due within 15 days
  • Late payment: services may be suspended after 30 days overdue
  • Failed payment: if Stripe cannot process your payment, we will notify you and retry. After 3 failed attempts, services may be suspended.

Payments are processed by Stripe. All prices are in USD. We do not store your credit card numbers — Stripe handles that.

SLA Commitments

Uptime targets and response times vary by tier and are specified on the Pricing page. These are operational goals, not contractual guarantees.

  • Monitored: Best-effort alerting and reporting. No remediation SLA — you handle fixes.
  • Managed: 99.5% uptime target, 4-hour response time target. These are operational goals, not contractual guarantees. Formal SLA enforcement with automated measurement and credit calculations is on the roadmap.

SLA exclusions apply to all tiers: client-caused outages, upstream provider failures, force majeure, scheduled maintenance (announced 48 hours in advance), and infrastructure not managed by OpsKern.

Acceptable Use

You agree not to use OpsKern-managed infrastructure to:

  • Host, store, or distribute illegal content
  • Send spam or unsolicited bulk communications
  • Run cryptocurrency mining without prior written approval
  • Attack, scan, or probe other systems or networks
  • Violate any applicable law or regulation
  • Infringe on the intellectual property rights of others
  • Host services that consume excessive resources in a way that degrades other clients’ performance

We reserve the right to suspend service immediately if we determine your use violates these terms, with notice provided as soon as practicable.

Limitation of Liability

OpsKern’s total liability for any claim arising from these terms or our services is limited to the fees you paid in the 12 months preceding the claim. For claims involving unauthorized disclosure of your data due to our failure to maintain reasonable security, our liability is capped at twice the fees you paid in the preceding 12 months (or $5,000, whichever is greater).

We are not liable for:

  • Data loss resulting from client actions or configurations
  • Upstream provider outages (Hetzner, Cloudflare, etc.)
  • Force majeure events (natural disasters, war, pandemic, etc.)
  • Indirect, incidental, or consequential damages
  • Lost profits, lost data, or business interruption

These limits do not apply to willful misconduct, fraud, or breach of confidentiality.

Our services are provided “as is.” We make no warranties, express or implied, including warranties of merchantability or fitness for a particular purpose.

AI-Assisted Operations

Some of our remediation and analysis tools use artificial intelligence systems. All AI-generated remediation is validated, tested in sandbox environments, and deployed gradually before running on your infrastructure. We validate all automation regardless of how it was created.

Intellectual Property

  • You own your servers, data, and accounts
  • Our Ansible playbooks and tooling are open source (MIT license)
  • Custom configurations created for your environment are yours to keep
  • The OpsKern name, logo, and website content are ours

Termination and Cancellation

Either party may cancel with 30 days written notice to support@opskern.io after the minimum term has elapsed (3 months for monthly billing).

On cancellation:

  • We remove our management tooling from your servers
  • You retain full access to your servers, Hetzner account, and data
  • No refunds for partial months
  • Final invoice covers the notice period

We may terminate immediately (without 30 days notice) if:

  • You violate the Acceptable Use terms above
  • Your payment is more than 60 days overdue
  • You breach these terms in a way that cannot be cured

Changes to These Terms

We may update these terms with 30 days notice via email. Continued use of our services after the notice period constitutes acceptance of the updated terms. If you disagree with changes, you may cancel per the termination section above.

Governing Law and Disputes

These terms are governed by the laws of the State of Delaware, United States. Before formal proceedings, both parties agree to attempt good-faith resolution for 30 days. Unresolved disputes will be settled by binding arbitration through JAMS, conducted by a single arbitrator experienced in technology services, in Wilmington, Delaware (or remotely by mutual agreement). Both parties waive the right to a jury trial.

Contact

Questions about these terms: support@opskern.io

OpsKern LLC 8 The Green #21664 Dover, DE 19901

DRAFT — This document is pending attorney review. Terms are subject to change before the effective date is set.