Kimbodo Launch Terms of Use and Click-Through License Agreement

Last Updated: 6-16-2026

These Kimbodo Launch Terms of Use and Click-Through License Agreement (“Terms”) are entered into by and between Kimbodo LLC (“Kimbodo,” “we,” “us,” or “our”) and the individual or entity accessing, deploying, authorizing, or using Kimbodo Launch (“Customer,” “you,” or “your”).

By clicking “Accept,” installing, deploying, accessing, executing, or otherwise using Kimbodo Launch, you agree to be bound by these Terms. If you are accepting these Terms on behalf of an organization, you represent that you have authority to bind that organization.

If you do not agree to these Terms, do not install, deploy, access, execute, or use Kimbodo Launch.

1. Description of Kimbodo Launch

Kimbodo Launch is a deployment automation tool designed to assist with the configuration, installation, and deployment of supported software, infrastructure, and related cloud or on-premise resources.

Kimbodo Launch may generate, apply, or assist with infrastructure-as-code, deployment manifests, scripts, configuration templates, automation workflows, or related deployment steps within environments controlled by you or your organization.

Kimbodo Launch does not host, operate, monitor, or control your cloud accounts, infrastructure, systems, applications, data, identity provider, network, security controls, or production environment.

2. License Grant

Subject to your compliance with these Terms, Kimbodo grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use Kimbodo Launch solely for the purpose of deploying and configuring supported infrastructure, software, and related technologies in environments owned, controlled, or authorized by you.

You may not:

• Copy, modify, reverse engineer, decompile, or attempt to derive the source code of Kimbodo Launch except to the extent permitted by law.
• Resell, sublicense, distribute, or make Kimbodo Launch available to any third party as a standalone product or service.
• Use Kimbodo Launch to violate applicable laws, third-party rights, cloud provider terms, software vendor terms, or security policies.
• Remove or alter any proprietary notices, license notices, or attribution included with Kimbodo Launch.

3. Nature of the Tool

You acknowledge and agree that:

• Kimbodo Launch executes or assists with infrastructure and configuration changes within environments you control or authorize.
• Kimbodo Launch may provision, modify, configure, or delete cloud, Kubernetes, networking, identity, storage, compute, or application resources depending on how it is used.
• Infrastructure deployment and automation inherently involve operational, security, cost, compliance, and data risks.
• You are solely responsible for reviewing, validating, approving, and authorizing deployment steps before execution.
• You are solely responsible for determining whether Kimbodo Launch is appropriate for your environment and use case.

Kimbodo does not operate your infrastructure and does not assume responsibility for your environment merely because Kimbodo Launch is used.

4. Testing and Isolated Environments

Kimbodo Launch is intended to be used first in a sandbox, staging, development, test, or other non-production environment before being used in production.

You acknowledge and agree that:

• You are responsible for implementing appropriate testing, validation, backup, rollback, change management, monitoring, access control, and disaster recovery procedures.
• You are responsible for reviewing all generated or applied configurations before use in production.
• You assume all risk for using Kimbodo Launch directly in a production environment without prior testing.
• Failure to test Kimbodo Launch in an isolated or non-production environment is undertaken entirely at your own risk.

Kimbodo is not responsible for production outages, data loss, misconfigurations, security exposure, compliance failures, cloud cost overruns, failed deployments, service interruptions, or operational disruption resulting from your decision to bypass testing, use insufficiently isolated environments, or deploy directly into production.

5. Customer Responsibilities

You are solely responsible for:

• Maintaining the security of your cloud accounts, credentials, tokens, certificates, secrets, and access keys.
• Configuring and managing identity and access management permissions.
• Reviewing and approving deployment plans, scripts, manifests, templates, and configurations.
• Maintaining backups and rollback procedures.
• Monitoring deployed systems and infrastructure.
• Managing cloud costs and resource usage.
• Ensuring compliance with applicable laws, regulations, policies, and contractual obligations.
• Ensuring compliance with third-party software, cloud provider, and platform terms.
• Maintaining appropriate disaster recovery, incident response, and business continuity plans.
• Determining whether your environment is suitable for use with Kimbodo Launch.

Kimbodo does not monitor, operate, secure, or control your infrastructure, systems, applications, data, or cloud environment.

6. Third-Party Services and Platforms

Kimbodo Launch may interact with third-party services, platforms, software, and infrastructure providers, including cloud providers, Kubernetes environments, software vendors, identity providers, databases, networking services, and related technologies.

Your use of third-party services is governed solely by the applicable agreements between you and those third-party providers.

Kimbodo is not responsible for:

• Third-party outages, errors, changes, limitations, or service disruptions.
• Third-party pricing, billing, or cost overruns.
• Third-party security controls or vulnerabilities.
• Changes to third-party APIs, services, documentation, requirements, or policies.
• Your compliance with third-party terms or agreements.

7. No Managed Services Relationship

Use of Kimbodo Launch does not create a managed services, outsourcing, fiduciary, advisory, monitoring, hosting, or operational control relationship between you and Kimbodo.

Unless separately agreed in a written services agreement signed by Kimbodo, Kimbodo is not responsible for operating, maintaining, monitoring, securing, backing up, restoring, or supporting your environment.

Deployment automation does not constitute operational oversight or assumption of control by Kimbodo.

8. Ownership and Intellectual Property

Kimbodo Launch, including its software, source code, object code, scripts, templates, workflows, documentation, architecture, design, methods, know-how, branding, and related intellectual property, is owned by Kimbodo or its licensors.

Except for the limited license expressly granted in these Terms, no rights, title, or interest in Kimbodo Launch are transferred to you.

You retain ownership of your own data, credentials, infrastructure, customer-specific configurations, and materials that you provide or control.

9. Feedback

If you provide suggestions, comments, ideas, improvements, or other feedback regarding Kimbodo Launch, you grant Kimbodo a perpetual, irrevocable, worldwide, royalty-free right to use that feedback without restriction or compensation to you.

10. No Warranty

Kimbodo Launch is provided “AS IS” and “AS AVAILABLE.”

To the maximum extent permitted by law, Kimbodo disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of:

• Merchantability.
• Fitness for a particular purpose.
• Non-infringement.
• Accuracy.
• Availability.
• Reliability.
• Security.
• Error-free or uninterrupted operation.

Kimbodo does not warrant that:

• Kimbodo Launch will be error-free, uninterrupted, secure, or available at all times.
• Deployments will complete successfully.
• Infrastructure configurations will meet your technical, security, legal, compliance, regulatory, or business requirements.
• Kimbodo Launch will prevent misconfiguration, outage, data loss, security incidents, or cloud cost overruns.
• Kimbodo Launch is suitable for regulated, high-availability, mission-critical, or production environments.

You are responsible for independent review, testing, validation, and approval.

11. Limitation of Liability

To the maximum extent permitted by law, Kimbodo will not be liable for any indirect, incidental, consequential, special, exemplary, enhanced, or punitive damages, including but not limited to:

• Loss of profits.
• Loss of revenue.
• Loss of data.
• Loss of goodwill.
• Business interruption.
• Production outages.
• Failed deployments.
• Security incidents.
• Cloud cost overruns.
• Regulatory penalties.
• Compliance failures.
• Losses arising from third-party services or platforms.

To the maximum extent permitted by law, Kimbodo’s total aggregate liability for all claims arising out of or relating to Kimbodo Launch or these Terms will not exceed the amount paid by you to Kimbodo specifically for access to Kimbodo Launch during the twelve months preceding the event giving rise to the claim.

If no fees were paid by you to Kimbodo specifically for access to Kimbodo Launch, Kimbodo will have no monetary liability to you for use of Kimbodo Launch.

12. Indemnification

You agree to defend, indemnify, and hold harmless Kimbodo, its owners, officers, employees, contractors, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• Your use of Kimbodo Launch.
• Your deployment decisions.
• Your infrastructure, systems, applications, data, or cloud environment.
• Your failure to test in an isolated or non-production environment.
• Your decision to deploy directly into production.
• Your misconfiguration of infrastructure, permissions, credentials, or security controls.
• Your violation of applicable laws, regulations, third-party terms, or internal policies.
• Your breach of these Terms.

13. Suspension or Termination

Kimbodo may suspend or terminate your access to Kimbodo Launch if Kimbodo reasonably believes that:

• You have violated these Terms.
• Your use creates legal, security, operational, or reputational risk.
• Your use may harm Kimbodo, a third party, or any infrastructure environment.
• Continued access is prohibited by law or third-party requirements.

Upon termination, you must stop using Kimbodo Launch and delete or disable any copies under your control, except to the extent retention is required by law or internal compliance policies.

Sections intended to survive termination, including ownership, disclaimers, limitation of liability, indemnification, and governing law, will survive.

14. Updates and Modifications

Kimbodo may update Kimbodo Launch or these Terms from time to time.

Updated Terms will be posted on Kimbodo’s website or otherwise made available. Continued use of Kimbodo Launch after updated Terms are posted or presented constitutes acceptance of the updated Terms.

If you do not agree to the updated Terms, you must stop using Kimbodo Launch.

15. Governing Law

These Terms are governed by the laws of the State of [Insert State], without regard to conflict of law principles.

Any disputes arising out of or relating to these Terms or Kimbodo Launch will be resolved in the state or federal courts located in [Insert County and State], unless otherwise required by applicable law.

16. Entire Agreement

These Terms constitute the entire agreement between you and Kimbodo regarding your use of Kimbodo Launch and supersede any prior or contemporaneous understandings regarding Kimbodo Launch.

These Terms do not supersede any separate written services agreement, statement of work, subcontractor agreement, or enterprise agreement signed by Kimbodo, except with respect to the specific use of Kimbodo Launch where these Terms are expressly referenced or accepted.

17. Contact

Questions about these Terms may be sent to:

Kimbodo LLC
1775 Diamond St. #333
San Diego, CA 92109
Email: legal@kimbodo.com