Last Updated July 6, 2021

These Platform9 Managed Kubernetes “Terms of Use” (also referred to as, the “Agreement”) are the main agreement between Platform9 Systems, Inc. (“Platform9”) and the user of the Products (“Customer”) under the Freedom Plan and Growth Plan (each as defined below). 

By clicking a box indicating its acceptance or by using the Products after being provided with notice of this Agreement, Customer accepts and agrees to be bound by the terms of this Agreement. This Agreement is effective as of the earlier of the date that Customer accepts the terms of this Agreement as indicated above or first accesses or uses the Product (“Effective Date”). Platform9 reserves the right to modify or update the terms of this Agreement in its discretion, the effective date of which will be the earlier of (i) 10 days from the date of such update or modification and (ii) Customer’s continued use of the Products. Unless Platform9 and Customer have entered into a written agreement, Customer’s use of the Products set forth below will be governed by this Agreement.

For clarity, the following Terms of Use apply to all Platform9 “Freedom Plan” (also known as “Free Tier”) Customers as well as Customers that purchase Platform9’s “Growth Plan”. The “Growth Plan Addendum to the Platform9 Terms of Use” attached hereto applies to Customers that purchase Growth Plan.

Platform9 and Customer hereby agree as follows:


The definitions of certain capitalized terms used in this Agreement are set forth below. Others are defined in the body of the Agreement.

CPU Socket” means a physical or virtual CPU socket.

Customer Data has the meaning ascribed to it in Section 7.1, below.

Data Protection Laws” means: (i) the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (“Privacy Directive”) and the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC; and (ii) to the extent applicable to the Service, any other EU or EU Member State data protection laws with respect to the processing of Personal Data under the Agreement.

Data Subject” has the meaning given to it in the Data Protection Laws.

Device” means up to 24 cores of X86 compute, or such other applicable compute technology leveraged for the capacity of such Device.

Documentation” means the written or online documentation regarding the Software and Hosted Software made available by Platform9.

Error” means a failure of the Products to conform to the published specifications, resulting in the inability to use, or material restriction in the use of, the Products.

Hosted Software means Platform9’s proprietary, Software-as-a-Service solution for managing cloud computing environments, currently known as Platform9 Managed Kubernetes for Freedom Plan and/or Growth Plan.

Node” means any Device connected to the Customer’s network. 

Personal Data” has the meaning given to it in the Data Protection Laws and for the purpose of this Agreement relates to the personal data processed by Platform9 on behalf of Customer.

Products” means, collectively, the Hosted Software, the Software, related API’s, the Documentation, and all modifications, updates, and upgrades thereto and derivative works thereof. 

Software means the software agent downloaded by Customer to its network in order to interact with the Hosted Software.

Users means individuals or entities that are authorized by Customer to use the Products.

vCPU” is a virtual CPU as defined by the public cloud provider providing the vCPU.


2.1 Right to Access and Use Products. Subject to the terms of this Agreement, Platform9 grants Customer a royalty-free, nonexclusive, nontransferable, worldwide right during the Term to: (i) use its Products under the Freedom Plan for up to 3 clusters and 20 Nodes as well as for the other Product entitlements set forth here:, and (ii) install the Software on equipment owned or operated by or on behalf of Customer. Platform9 reserves the right in its sole discretion to change the Products at any time, including the modification or elimination of certain functionality or the imposition of a fee for the continued use of certain features currently existing in the Products.

2.2 Restrictions. Customer will not: (i) access (or allow a third party to access) the Products in order to monitor the availability, security, performance, or functionality of the Products, or for any other benchmarking for competitive purposes without Platform9’s express written consent; (ii) market, sublicense, resell, lease, loan, transfer, or otherwise commercially exploit or make the Software or Products available to any third party, except to a third party that manages Customer’s computing environment; (iii) modify, create derivative works, decompile, reverse engineer, attempt to gain access to the source code, or copy the Products, or any of their components; (iv) use the Products to conduct any fraudulent, malicious, or illegal activities (each of (i) through (iv), a “Prohibited Use”).



3.1 Term. The term of this Agreement will commence on the Effective Date and will continue for a period of 12 months (“Initial Term”). Customer may renew the Initial Term for additional one-year periods by responding affirmatively to renewal notices provided by Platform9 prior to the expiration of the Initial Term (each a “Renewal Term” and together with the Initial Term, the “Term”) or the then-current Renewal Term.

3.2 Termination. Platform9 may terminate this Agreement or any Subscription (i) for any reason upon five days’ written notice to Customer, including for Account Inactivity (as defined below) or (ii) immediately if Customer materially breaches this Agreement. For purposes of this Agreement, “Account Inactivity” means if none of the following has occurred for a period of 30 days: (i) no User has logged into the Products via the graphical user interface; (ii) Customer has not accessed the APIs; or (iii) Customer’s account has no attached Nodes.



Platform9 is responsible for providing the Products in conformance with this Agreement and applicable Documentation. 


Customer is responsible for maintaining the servers, network, and other equipment used by Customer to create and maintain its computing environment, including operating systems and regular data backups.

Customer grants Platform9 a nonexclusive, nontransferable and limited license during the Term to use and reproduce Customer’s logo on Platform9’s website and in all related promotional and marketing materials to identify Customer as a customer of Platform9.


6.1 Confidential Information. Except as explicitly excluded below, any information of a confidential or proprietary nature provided by a party (“Disclosing Party”) to the other party (“Receiving Party”) constitutes the Disclosing Party’s confidential and proprietary information (“Confidential Information”). Platform9’s Confidential Information includes the Products and any information conveyed to Customer in connection with Support. Customer’s Confidential Information includes Customer Data. Confidential Information does not include information which is (i) already known by the receiving party without an obligation of confidentiality other than pursuant to this Agreement; (ii) publicly known or becomes publicly known through no unauthorized act of the Receiving Party; (iii) rightfully received from a third party without a confidentiality obligation to the Disclosing Party; or (iv) independently developed by the Receiving Party without access to the Disclosing Party’s Confidential Information.

6.2 Confidentiality Obligations.  Each party will use the Confidential Information of the other party only as necessary to perform its obligations under this Agreement, will not disclose the Confidential Information to any third party, and will protect the confidentiality of the Disclosing Party’s Confidential Information with the same standard of care as the Receiving Party uses or would use to protect its own Confidential Information, but in no event will the Receiving Party uses less than a reasonable standard of care. Notwithstanding the foregoing, the Receiving Party may share the other party’s Confidential Information with those of its employees, agents and representatives who have a need to know such information and who are bound by confidentiality obligations at least as restrictive as those contained herein (each, a “Representative”). Each party shall be responsible for any breach of confidentiality by any of its Representatives.

6.3 Additional Exclusions. A Receiving Party will not violate its confidentiality obligations if it discloses the Disclosing Party’s Confidential Information if required by applicable laws, including by court subpoena or similar instrument so long as the Receiving Party provides Disclosing Party with written notice of the required disclosure so as to allow the Disclosing Party to contest or seek to limit the disclosure or obtain a protective order. If no protective order or other remedy is obtained, the Receiving Party will furnish only that portion of the Confidential Information that is legally required, and agrees to exercise reasonable efforts to ensure that confidential treatment will be accorded to the Confidential Information so disclosed.



7.1 Customer Data. In connection with its use of the Products, Customer will transfer a limited amount of information to Platform9, consisting of (i) metadata about Customer’s network and computing environment, including the host server’s operating system, memory, CPU, storage, network and virtual machine attributes (collectively, “Metadata”), (ii) User login information, including name, email, username, and login IP address (collectively, “User Data,” and (iii) Product usage data, including activities undertaken by Users while using the Products (e.g., log in events, account usage metrics, User specific information) (together, “Usage Data”). Collectively Metadata, User Data, and Usage Data form “Customer Data”. Customer Data may include Personal Data.

7.2 Data Processing. Platform9 uses Customer Data for the purpose of providing and improving the Products, as well as those uses specified in the “Platform9 Privacy Policy” (located here:, and Customer grants Platform9 a license to use Customer Data to do so. Platform9 will process the Customer Data in accordance with (i) Customer’s instructions or as otherwise specified in this Agreement, (ii) the Platform9 Privacy Policy and (iii) all applicable Data Protection Laws.

7.3 Data Subjects Rights. Platform9 will assist Customer in responding to Data Subjects’ requests exercising their rights under the Data Protection Laws. To that end, Platform9 will (i) to the extent permitted by applicable law, promptly notify Customer of any request received directly from a Data Subject to access, correct, or delete its Personal Data without responding to that request, and (ii) upon written request from Customer, provide Customer with information that Platform9 has available to reasonably assist Customer in fulfilling its obligations to respond to Data Subjects exercising their rights under the Data Protection Laws.

7.4 Technical and Organizational Measures. Platform9 maintains the technical and organizational measures described at (“Security Measures”) in order to protect Customer Data and assist Customer with securing its own computing environment in its use of the Products.

7.5 Subprocessors.

7.5.1 Customer agrees that Platform9 may engage either Platform9 affiliated companies or third parties providers as sub-processors under the Agreement (“Subprocessors”) and hereby authorizes Platform9 to engage such Subprocessors in the provision of the Products. Platform9 will impose appropriate contractual obligations in writing upon the Subprocessors that are no less protective than this Agreement, and Company will remain responsible for the Subprocessors’ compliance with the obligations under this Agreement.

7.5.2 Platform9 currently uses the following Subprocessors in the provision of the Products (“Current Subprocessors”): 

Amazon Web Services (AWS), which is used to host the management plane.

In addition, Platform9 may engage third-party user authentication and user analytics vendors from time to time.

Platform9 may update this list of Subprocessors by adding or replacing Subprocessors at any time. Customer hereby consents to the processing of Customer Data by the Current Subprocessors.

7.6 Deletion of Personal Data. Other than Customer Data that Platform9 will retain for the purposes specified in the Platform9 Privacy Policy and pursuant to Customer’s prior express written consent, Platform9 will delete Personal Data processed by Platform9 on Customer’s behalf within 180 days following the termination or expiration of this Agreement.



8.1 Platform9 Property. Platform9 owns and retains all right, title, and interest in and to the Products. Except for the limited license granted to Customer in Section 2.1, Platform9 does not by means of this Agreement or otherwise transfer any rights in the Products to Customer, and Customer will take no action inconsistent with Platform9’s intellectual property rights in the Products.

8.2 Customer Property. Customer owns and retains all right, title, and interest in and to the Customer Data and does not by means of this Agreement or otherwise transfer any rights in the Customer Data to Platform9, except for the limited license set forth in Section 7.1 or where Customer has granted express consent (see the Platform9 Privacy Policy).



9.1 Mutual Representations and Warranties. Each party represents and warrants it has validly entered into this Agreement and has the legal power to do so.

9.2 Limited Warranty. Platform9 warrants that: (a) the Products will conform with the Documentation; and (b) the Products will be provided in a manner consistent with generally accepted industry standards. 

9.3 Disclaimer. With the exception of the limited warranty set forth in this Section 9, the Products are provided “as is” to the fullest extent permitted by law. Platform9 and its licensors expressly disclaim all other warranties, express or implied, including warranties of performance, merchantability, fitness for any particular purpose, and non-infringement. Platform9 does not warrant that the Products (i) are error-free, (ii) will perform uninterrupted, or (iii) will meet Customer’s requirements. 



Customer will indemnify, defend, and hold harmless Platform9, its affiliates, and their respective owners, directors, members, officers, and employees from and against any and all liabilities, costs, expenses, or damages Platform9 incurs in connection with any claim, action, demand, suit or proceeding (each a “Claim”) related to (a) Customer’s or a User’s engaging in a Prohibited Use, and (b) any and all acts or omissions of its Users. In the event of any Claim, Platform9 will (i) give Customer prompt written notice of the Claim, and (ii) provide to Customer all reasonable assistance, at Customer’s request and expense, in connection with the defense and/or settlement of such Claim.






This Agreement is the entire agreement between Customer and Platform9 and supersedes all prior agreements and understandings concerning the subject matter hereof. Customer and Platform9 are independent contractors, and this Agreement will not establish any relationship of partnership, joint venture, or agency between Customer and Platform9. Failure to exercise any right under this Agreement will not constitute a waiver. There are no third-party beneficiaries to this Agreement. Any notice provided by one party to the other under this Agreement will be in writing and sent by overnight courier or certified mail (receipt requested) to the address above or, if to Customer, by electronic mail to Customer’s primary email address on file with Platform9. If any provision of this Agreement is found unenforceable, this Agreement will be construed as if it had not been included. Neither party may assign this Agreement without the prior, written consent of the other party, except that either party may assign this Agreement without such consent in connection with an acquisition of the assigning party or a sale of all or substantially all of its assets. 

This Agreement is governed by the laws of California without reference to conflicts of law rules. If any dispute, controversy or claim cannot be settled by the parties within 30 days of written notice from either party to the other of such dispute, controversy or claim, then, except as set forth below, any dispute, controversy or claim arising under, out of or relating to this Agreement, will be finally determined by arbitration conducted by the JAMS by a single arbiter who will be fluent in written and spoken English. The place of such arbitration will be in San Francisco, California, U.S.A. The sole and exclusive language of arbitration will be English. The judgment of the arbitration will be final, non-appealable (to the extent not inconsistent with applicable law) and binding upon the parties, and judgment may be entered upon the arbital award in any court of competent jurisdiction. The foregoing does not limit or restrict either party from seeking injunctive or other equitable relief with respect to its intellectual property rights hereunder. Subject to the dispute resolution procedures above, any disputes arising out of or related to this Agreement will be subject to the jurisdiction of the state and federal courts of Santa Clara County, California, U.S.A.


Growth Plan Addendum to the Platform9 Terms of Use

The following “Growth Plan Addendum” to the Terms of Use apply to Customers that purchase the Growth Plan as provided for below. For clarity, the Terms of Use (also referred to as the Agreement) applies to each Growth Plan Customer and its use of the Products. 

  1. Growth Plan. Customers that purchase Platform9’s “Growth Plan” will receive Product entitlements as set forth on Platform9’s website located here: Customer’s right to use the Products as described in Section 2.1 of the Agreement are supplemented by the Growth Plan entitlements.
  2. Support. If Customer experiences any errors, bugs, or other issues in its use of the Products, then Platform9 will provide “Support” in order to resolve the issue or provide a suitable workaround. The fee for Support is included in the cost of the subscription set forth on the Order Form. In order to ensure efficient communication, Customer will designate no more than three representatives to contact Platform9’s Support team (“Customer Support Contacts”).
  3. Availability. Solely for Growth Plan Customers, Platform9 uses its best efforts to ensure that the Hosted Software is available in accordance with the terms of the Service Level Agreement, which sets forth Customer’s remedies for any interruptions in the availability of the Hosted Software. 
  4. Billing
    1. Paid Subscriptions. You may purchase a “Paid Subscription” directly from Platform9 either by: (1) paying a monthly subscription fee in advance (by means of a credit card); or (2) annual pre-payment in full giving you access to the Products for a specific time period (by means of a credit card or in the alternative, pursuant to Platform9’s invoice). Platform9 may charge Customer the price for all Paid Subscriptions, including recurring fees, as provided for in this Agreement, and will notify Customer of any changes in price in advance. 
    2. Price Changes. Platform9 may change its prices for the Growth Plan upon written notice (email acceptable) to Customer which will take effect on the next applicable pay period. If Customer objects to the change in price, Customer may unsubscribe from the Products prior to the price change going into effect. 
    3. Taxes. The fees payable hereunder are exclusive of any sales taxes (unless included on the invoice), or similar governmental sales tax type assessments, excluding any income or franchise taxes on Platform9 (collectively, “Taxes”) with respect to the Products provided to Customer. Customer is solely responsible for paying all Taxes associated with or arising from this Agreement.
    4. Over-subscription. If Customer provisions a number of Nodes or vCPUs  in excess of the number specified on the applicable Order Form, and the excess number remain provisioned for more than 30 days, then Platform9 will invoice Customer for the excess number of Nodes based on the total fees on the most recent Order Form during each month that the excess Nodes remain provisioned for at least one day.
    5. Renewals & Cancellation. All Paid Subscriptions will automatically renew at the end of the applicable Paid Subscription period, unless cancelled earlier by Customer within the “Cancellation Period.” “Cancellation Period” means for monthly plans 5 days prior to the end of the then current month, and for annual plans means 30 days prior to the end of the then current Contract Year “Contract Year” for annual Customers means one year starting on the Effective Date. Customers may cancel by emailing  Customer’s cancellation will take effect the day after the last day of the current Paid Subscription period, and Customer will be downgraded to the Free Tier. Platform9 provides no refunds or credits for any partial subscription periods.
    6. Credit Card Payments. Unless otherwise agreed by the parties, Customers that purchase Platform’s Growth Plan must provide Platform9 with Customer’s valid credit card for payment of all Paid Subscriptions. Platform9 uses a third-party payment processor (e.g., Stripe) (“Payment Processor”) for the purposes of processing all credit card transactions related to Growth Plan. Any and all such data collected and processed by the Payment Processor will be done so in accordance with Payment Processor’s terms of use and privacy policy. Any and all data collected and processed by Platform9 related to Growth Plan will be done so in accordance with Platform9’s Privacy Policy.




This Exhibit A “Service Level Agreement” (or “SLA”) to the Agreement applies to Growth Plan Customers as follows:

1. Definitions. For purposes of this Service Level Agreement, the following terms have the meaning ascribed to each term below:

Downtime” means if Customer is unable to access the Products by means of a web browser and/or API as a result of failure(s) in the Products software or architecture, as confirmed by Platform9.

Monthly Uptime Percentage” means the total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month. 

Service Credit” means the number of days that Platform9 will add to the end of the Term, at no charge to Customer.

2. Service Level Warranty.  During the Term, the Products will be operational and available to Customer at least 99.9% of the time in any calendar month (“Service Level Warranty”). If the Monthly Uptime Percentage does not meet the Service Level Warranty in any calendar month, and if Customer meets its obligations under this Agreement, then Customer will be eligible to receive Service Credit as follows: 

UptimeDays Credited
< 99.9% – >= 99.0%3
< 99.0% – >= 95.0%7
< 95.0%15

3. Customer Must Request Service Credit. In order to receive Service Credit, Customer must notify Platform9 within 30 days from the time Customer becomes eligible to receive a Service Credit under the terms of this Agreement. Failure to comply with this requirement will forfeit Customer’s right to receive Service Credit.

4. Maximum Service Credit. The aggregate maximum amount of Service Credit to be issued by Platform9 to Customer for all Downtime that occurs in a single calendar month will not exceed 15 days.  Service Credit may not be exchanged for, or converted into, monetary amounts.

5. Exclusions. The Service Level Warranty does not apply to any performance issues that (i) are caused by riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, earthquakes, or any other causes that are beyond Platform9’s reasonable control so long as Platform9 uses commercially reasonable efforts to mitigate the effects of such force majeure, (ii) resulted from Customer’s equipment or third party equipment or service (e.g. Customer’s internet connection), or both, or (iii) resulted from Customer’s violation of the Agreement.

6. Exclusive Remedy. This Agreement sets forth Customer’s sole and exclusive remedy for any failure by Platform9 to meet the Service Level Warranty.




This Support Services Exhibit B to the Agreement sets forth the terms on which Platform9 provides technical support (“Support”) to Growth Plan Customers (“Support Terms”).

1. Definitions

Error” means a failure of the Products to conform to the published specifications, resulting in the inability to use, or material restriction in the use of, the Products.

Escalation” means the process by which Platform9 will work continuously, and at multiple levels of its organization, to resolve an Error if not resolved within a commercially reasonable timeframe in light of the Priority Level of the Error.

Start Time” means the time at which Platform9 first becomes aware of an Error during Platform9’s regular business hours, following initiation of a Support case by Customer in accordance with Sections 2 and 3, below.

2. General. During a Subscription Term, Platform9 will provide the Support described in these Support Terms 8 hours a day, 5 days a week, from 9am – 5pm local time Monday to Friday.

3. Contacts. The Customer Support Contacts may initiate a Support case by emailing, by opening a Support ticket on the Platform9 Support portal at, or by calling the Platform9 Support Line at (650) 898-7369. Emergency cases must be opened using the support portal at The customer may initiate up to 10 support cases per month.

4. Priority Levels and Timeframes. Platform9 will establish the Priority Level of an Error and the corresponding Support case in its sole discretion and will use its best efforts to resolve the Error after responding to the Customer Support Contact(s) within the Response Times set forth below. If an Error is not addressed within a commercially reasonable timeframe in light of the Priority Level, then Platform9 will commence an Escalation.                        

Priority LevelDescriptionResponse Time
1Major Impact: Products are inoperable or the performance of the Products are so severely reduced that Customer cannot reasonably continue to use the Products because of the Error, the Error cannot be circumvented with a workaround, and it affects Customer’s ability to perform its business.4 hours within support hours
2Moderate Impact: Performance is significantly degraded such that Customer’s use of the Products are materially impaired, but the Error can be circumvented with a workaround.24 hours, excluding weekends
3Minor Impact: Customer is experiencing a performance, operational, or functional issue in its use of the Products that can be circumvented with a workaround, and the Error causes only minimal impact to the Customer’s ability to use the Products.48 hours, excluding weekends
4General Questions: No issue with performance or operation of the Products. These include standard questions on the API configuration, dashboard functionality, enhancement requests, or documentation clarification.72 hours, excluding weekends

5. RACI Chart for Support Responsibilities. Responsibilities are set forth in the table below (using the RACI method) for the various Support functions listed below:

Service ElementService DescriptionPlatform9Customer
Pre-deployment – Platform9Identify resource requirements – compute, storage and networking, for platform9 controller tier, based on scaleRA
Deployment – Platform9Automated deployment, installation and configuration of the Services. Including deployment of core services, REST API and CLI endpoints.RA
Patch Management – Platform9Periodic patch and bugfix management for all OpenStack components and services deployed by Platform9RA
Upgrade Management – Platform9Upgrades to the ServicesR
3rd party plugins – Platform9Integration of any third party plugins with Platform9 – eg supported OpenStack plugins – including initial deployment and updatesRA
Incident, Change and Problem Management – Platform9Incident, Change and Problem management for any bugs, issues that end users or Customer experiences with any components deployed by Platform9 team – assuming appropriate Support procedures are performed for reporting of incidents and problemsRAC
End user training – Platform9Training end users on the capabilities of the Services, answering ongoing questions from end users.RA
Pre-deployment and deployment (non-Platform9 components)Pre-deployment, deployment and configuration of (a) any software such as but not limited to Hypervisors, Storage, Networks (b) all hardware necessary for the deploymentRA
Capacity managementCapacity management for all resources – hardware and software deployed by Customer team that the Services depend on for the controller tier, as well as are required for the actual deployment of the ServicesRA
Patching/Updates/Upgrades (non-Platform9 components)Patch, update and upgrade management for all hardware and software deployed by the Customer team.RA
3rd party plugins – (non-Platform9 components)Installation, configuration and management of any 3rd party plugins installed by Customer team not related to Platform9’s offeringRA
Incident and Change Management – (non-Platform9 components)Incident, change and problem management for all software and hardware deployed by Customer team – including handling Support requests from end users and providing end users with a portal and tools for reporting problemsRA
End user training – (non-Platform9 components)Training end users on the capabilities of the Services, answering ongoing questions from end users. RA


6. Conditions, Exclusions, and Termination.

  1. Conditions. Platform9’s obligation to provide Support is conditioned upon the following: (i) Customer makes reasonable efforts to solve the Error after consulting with Platform9; (ii) Customer provides Platform9 with sufficient information and resources to correct the Error, as well as any and all assistance reasonably requested by Platform9; and (iii) Customer procures, installs, and maintains all equipment, telephone lines, communication interfaces and other hardware necessary to access and operate the Products.
  2. Exclusions. Platform9 is not obligated to provide Support in the following situations: (i) the problem is caused by Customer’s negligence, hardware malfunction, or other causes beyond the reasonable control of Platform9; or (ii) the problem is with third party software not licensed through Platform9.
  3. Termination. Platform9 reserves the right to conclude its performance of a Support case when, in its reasonable discretion, Platform9 determines that it has provided a satisfactory resolution or workaround to the Error.

The browser you are using is outdated. For the best experience please download or update your browser to one of the following:

Developers: Try out appctl, a better way to run applications on K8s (Early Access)Get appctl