Version 1.0 · Effective 2026-10-19
These general terms (the General Terms) apply between Berserk AB, reg. no. 559603-5179, Sweden (the Provider) and the customer named in an Order Form that refers to them (the Customer). The Provider and the Customer are jointly referred to as the Parties and each individually as a Party. This Agreement consists of the General Terms together with one or more Order Forms signed by the Parties. Each Order Form incorporates the General Terms, sets out the commercial terms that apply to the Customer's use of the Product, and may amend or specify the General Terms for that Order Form.
The version of the General Terms published on the date of an Order Form applies to that Order Form. Later versions apply only if the Parties agree in writing.
Capitalised terms used in this Agreement have the meanings given below or where else defined in this Agreement. Any capitalised term used but not defined has its ordinary meaning.
Affiliate means an entity that controls, is controlled by, or is under common control with a Party.
Agreement means the General Terms together with the Order Forms that incorporate them.
Applicable Laws means the laws, rules, regulations and binding requirements of any relevant authority that apply to a Party.
Berserk Group means Berserk ApS, CVR no. 45869253, Denmark, and any company that controls, is controlled by or is under common control with Berserk ApS from time to time, including the Provider.
Confidential Information has the meaning given in Section 14.1.
Customer has the meaning given in the preamble.
Customer Content means data, content and materials submitted to or processed by the Product by or on behalf of the Customer or its Users, including data processed by the Software in the Customer Environment.
Customer Environment means the infrastructure, systems and cloud accounts that the Customer or its contractors operate and in which the Customer runs the Software.
Discloser has the meaning given in Section 14.1.
Documentation means the Provider's then-current documentation for the Product.
DPA has the meaning given in Section 7.1.
Effective Date means the date of the last signature on the first Order Form between the Parties.
Export Period has the meaning given in Section 3.5.
Feedback has the meaning given in Section 6.2.
Fees means the fees stated in the relevant Order Form.
General Terms has the meaning given in the preamble.
Licensed Scope means the scope of permitted use of the Software stated in the Order Form, such as the permitted environments, deployments or data volume.
Managed Service means the Product operated by the Provider for the Customer.
Order Form means an ordering document signed by the Parties that references and incorporates the General Terms and sets out the Product, the Subscription Period, the Fees and any other commercial terms, including any amendments to or specifications of the General Terms.
Parties and Party have the meanings given in the preamble.
Personal Data has the meaning given in the General Data Protection Regulation (Regulation (EU) 2016/679).
Product means the Berserk observability product and related services made available by the Provider, as the Managed Service or as the Software, as described in the Documentation and the applicable Order Form.
Provider has the meaning given in the preamble.
Recipient has the meaning given in Section 14.1.
Restricted Data has the meaning given in Section 7.2.
Software means the Berserk software that the Provider makes available for the Customer to install and run in the Customer Environment, including the command-line interface, container images, Helm charts and related artefacts, and any Updates.
Subscription Period means the subscription period stated in the relevant Order Form.
Updates means corrections, updates, upgrades and new versions of the Software that the Provider makes generally available to its customers during the Subscription Period.
Usage Data means data and information about the provision, use, performance and operation of the Product.
User means an individual authorised by the Customer to access or use the Product on the Customer's behalf, and Users means more than one User.
2.1 The Order Form states whether the Customer uses the Product as the Managed Service, as the Software in the Customer Environment, or both. Section 3 applies only to the Managed Service and Section 4 only to the Software. All other Sections apply to both.
2.2 The Provider will provide technical support for the Product as described in the Documentation or the applicable Order Form.
2.3 The Customer is responsible for all activity under its and its Users' accounts, for maintaining the confidentiality of credentials, and for ensuring that its Users comply with this Agreement. The Customer shall promptly notify the Provider if it becomes aware of any compromise of its or its Users' credentials.
2.4 Query results, dashboards, alerts and other outputs of the Product are derived from the Customer Content as ingested and from the Customer's configuration. The Provider does not warrant that any result is complete or accurate, and the Customer remains responsible for decisions taken on the basis of results. Nothing in this Section limits the Provider's express warranty under Section 10.2.
2.5 The Provider may modify the Product, provided that it does not materially reduce its core functionality during the then-current Subscription Period. If the Provider discontinues the Product or materially reduces that functionality, the Customer may terminate the affected Order Form without further subscription charges.
2.6 The Provider may perform this Agreement through other members of the Berserk Group and remains responsible to the Customer for their performance. The Provider may share Confidential Information and Usage Data with members of the Berserk Group to the extent needed for that purpose, provided they are bound by obligations no less protective than those in this Agreement.
3.1 Subject to this Agreement and the applicable Order Form, the Provider grants the Customer a non-exclusive, non-transferable, non-sublicensable right during the Subscription Period to access and use the Managed Service for the Customer's internal business purposes.
3.2 The Provider operates the Managed Service in the data region stated in the Order Form.
3.3 The Provider may suspend the Customer's access to the Managed Service if an undisputed invoice is more than thirty (30) days overdue, if continued use poses a risk to the security, availability or integrity of the Managed Service or to other customers, or if required by Applicable Laws. The Provider will give prior notice by email where practicable and restore access promptly once the cause is resolved.
3.4 The Provider shall maintain appropriate technical and organisational measures designed to protect the Managed Service and the Customer Content against unauthorised access, loss or disclosure, as further described in the DPA or applicable security documentation.
3.5 On expiry or termination of an Order Form for the Managed Service: (a) the Customer's right to access and use the Managed Service ceases, except that for thirty (30) days after expiry or termination (the Export Period) the Customer may access the Managed Service to export the Customer Content in the formats made available in the Documentation; (b) the Provider shall not delete the Customer Content during the Export Period unless the Customer requests it in writing; and (c) after the Export Period, the Provider will delete the Customer Content within sixty (60) days, save for anonymised or aggregated data and copies required by Applicable Laws or held under standard back-up policies.
4.1 Subject to this Agreement, including payment of the Fees, the Provider grants the Customer a non-exclusive, non-transferable, non-sublicensable licence during the Subscription Period to install, run and use the Software in the Customer Environment, within the Licensed Scope, for the Customer's internal business purposes, including use by its Affiliates, contractors and employees acting on its behalf. The Software is licensed, not sold.
4.2 The Provider makes the Software available through its designated download or distribution channels. The Customer is responsible for obtaining, configuring, securing, operating, backing up and maintaining the Customer Environment, for its deployment, configuration and use of the Software, and for installing Updates.
4.3 The Software runs in the Customer Environment and the Customer Content remains there. The Provider does not receive, route, store or access the Customer Content in the normal operation of the Software. Where, in connection with support, the Customer shares Customer Content with the Provider or gives the Provider access to the Customer Environment, the DPA applies to any Personal Data processed.
4.4 The Software does not automatically send Customer Content, licence-metering information or diagnostic data from the Customer Environment to the Provider. The Software sends information to the Provider only as follows: (a) the command-line interface sends an anonymised count of the commands and built-in query functions used, their outcome and duration, and its version, operating system and environment, which contains no query text, data values or user identifiers, and which the Customer can switch off as described in the Documentation; (b) when a User chooses to submit feedback or a bug report through the Software, the report is sent to the Provider with what the User includes in it, and the Customer can disable this function in the Software's configuration; and (c) the command-line interface checks for new versions, and the Software is downloaded, from the Provider's distribution service, which discloses the network address and version concerned. The Provider uses the information under (a) and (c) as Usage Data. The Provider uses a report under (b) only to investigate and address what it reports, and any Personal Data in it is processed under the DPA.
4.5 During the Subscription Period the Provider makes Updates available to the Customer. The Provider is not obliged to support versions of the Software other than those it designates as supported in the Documentation.
4.6 The Provider may, on reasonable prior notice and no more than once in any twelve (12) month period, ask the Customer to verify that its use of the Software is within the Licensed Scope, by self-certification or other reasonable means agreed by the Parties. If verification shows use in excess of the Licensed Scope, the Customer shall promptly pay the additional Fees applicable to the excess use for the period concerned.
4.7 The Software may include or depend on open-source or other third-party components that are licensed under their own terms, as described in the notices or bill of materials distributed with the Software. Those components remain subject to their respective licences, which, in the event of conflict, govern the use of those components.
4.8 On expiry or termination of an Order Form for the Software: (a) the licence in Section 4.1 ends and the Customer shall stop all use of the Software; and (b) the Customer shall, within thirty (30) days, delete all copies of the Software in its possession or control and, on the Provider's request, confirm that it has done so, save for copies it is required by Applicable Laws to retain. The Customer Content remains with the Customer.
5.1 Except as expressly permitted by this Agreement, the Customer shall not, and shall not permit any third party to: (a) reverse engineer, decompile or attempt to derive the source code or underlying ideas of the Product, except to the extent required by the licence terms of an open-source component and not waivable by contract; (b) resell, sublicense, rent, redistribute or make the Product available to any third party, or provide the Software as a hosted or managed service to any third party; (c) exceed any use limitations or the Licensed Scope stated in the Order Form; (d) use the Product in violation of Applicable Laws; (e) interfere with or disrupt the integrity or performance of the Product; (f) use the Product to develop a product or service that competes with the Product; (g) alter, circumvent or interfere with any use limitation or the measurement of usage on which the Fees are based; or (h) remove or alter any proprietary notices in the Software.
5.2 The Customer shall use the Product in accordance with the Documentation and all Applicable Laws.
5.3 The Customer may publish benchmark or performance results concerning the Product provided the publication discloses the version, configuration, dataset and method used.
6.1 As between the Parties, the Customer retains all right, title and interest in and to the Customer Content. The Customer grants the Provider a non-exclusive right to host, copy, process, transmit and display the Customer Content as necessary to provide and support the Product. The Customer owns all results, dashboards, alerts and other outputs derived from the Customer Content.
6.2 The Customer may, but need not, provide the Provider with feedback or suggestions about the Product (Feedback). The Provider may use all Feedback freely and without restriction or obligation to the Customer.
6.3 The Provider may collect and use Usage Data to operate, secure, develop, improve and enhance the Product and the Provider's other products and services. The Provider may use Customer Content solely to provide, secure and support the Product, and may use Customer Content to improve the Product only in de-identified or aggregated form that does not identify the Customer or any individual. The Provider will not use Customer Content to train any artificial-intelligence or machine-learning model without the Customer's prior written consent. Customer Content is not Usage Data. The Provider will not disclose Usage Data to any third party other than members of the Berserk Group and its sub-processors unless it is aggregated or de-identified so that it identifies neither the Customer nor any individual.
7.1 The Berserk Data Processing Agreement published at bzrk.dev/legal/dpa, in the version in force on the date of the Order Form (the DPA), forms part of this Agreement and governs the Provider's processing of Personal Data on the Customer's behalf. In the event of conflict concerning Personal Data, the DPA prevails over this Agreement. The Provider's privacy notice does not apply to Personal Data processed under the DPA.
7.2 The Customer shall not knowingly submit to the Product any Restricted Data unless agreed in an Order Form. Restricted Data means special categories of personal data under Article 9 of the General Data Protection Regulation, payment card data subject to PCI DSS, health records, and passwords, private keys, access tokens and other credentials. Other Personal Data contained in telemetry is expected and is governed by the DPA. The Product is not designed as a safety-critical component and is not a substitute for systems that require fail-safe performance. Where the Customer uses the Product in connection with such systems, the Customer is responsible for the design and operation of those systems, and the Provider has no liability arising from that use beyond the limits in Section 13.
8.1 The Customer shall pay the Provider the Fees set out in the applicable Order Form. Unless the Order Form states otherwise, all Fees are stated and payable in EUR and are exclusive of value added tax and other applicable taxes.
8.2 Unless the Order Form states otherwise, the Provider will invoice the Fees and the Customer shall pay each undisputed invoice within thirty (30) days of the invoice date.
8.3 The Customer is responsible for all duties, taxes and levies that apply to the Fees, other than taxes based on the Provider's income. Where the Customer is required to withhold any tax, it shall gross up the payment so that the Provider receives the full amount invoiced.
8.4 Overdue, undisputed amounts accrue interest from the due date until paid in accordance with Applicable Laws, and the Provider may suspend the Managed Service in accordance with Section 3.3.
8.5 If the Customer disputes an invoice in good faith, it shall pay all undisputed amounts when due and notify the Provider of the disputed amount promptly, and the Parties shall work in good faith to resolve the dispute.
9.1 This Agreement begins on the Effective Date and continues until terminated. Each Order Form runs for its Subscription Period and, unless the Order Form states otherwise, renews for successive periods of the same length unless either Party gives written notice of non-renewal at least thirty (30) days before the end of the then-current period. Unless an Order Form fixes the Fees for a renewal period, the Fees for a renewal period are the Provider's then-current list prices.
9.2 Either Party may terminate this Agreement or an Order Form on written notice if the other Party materially breaches it and fails to cure the breach within thirty (30) days of notice, or immediately if the other Party becomes insolvent or subject to bankruptcy or analogous proceedings.
9.3 Neither Party is liable for any delay or failure to perform (other than payment obligations) caused by an event beyond its reasonable control, and either Party may terminate an affected Order Form on notice if such an event continues for more than thirty (30) days.
9.4 On expiry or termination: (a) Section 3.5 applies to the Managed Service and Section 4.8 to the Software; (b) the Provider will invoice any Fees accrued before termination; and (c) each Party shall return or destroy the other Party's Confidential Information in accordance with Section 14.
9.5 Sections 1 (Definitions), 3.5 (Export and deletion), 4.8 (End of the licence), 6.2 (Feedback), 6.3 (Usage Data), 11 (Disclaimer), 12 (Indemnification), 13 (Limitation of liability), 14 (Confidentiality), 15 (Intellectual property), 16 (Miscellaneous), 17 (Amendments), 18 (Assignment of the Agreement) and 19 (Governing law and Dispute resolution), and any other provision that by its nature is intended to survive, survive expiry or termination of this Agreement.
10.1 Each Party represents and warrants that it has the legal power and authority to enter into this Agreement.
10.2 The Provider warrants that the Product will materially conform to the Documentation and will be provided with reasonable skill and care. The Customer's exclusive remedy for breach of this warranty is for the Provider to use reasonable efforts to correct the non-conformity or, failing that, to terminate the affected Order Form and refund any prepaid, unused Fees for the affected period.
10.3 The Customer represents and warrants that it has all rights necessary to submit the Customer Content to the Product and that its use of the Product complies with Applicable Laws. The Customer has given all notices and obtained all consents required for the Provider to process the Customer Content as contemplated by this Agreement and the DPA.
Except for the express warranties in Section 10, and to the maximum extent permitted by Applicable Laws, the Product is provided "as is" and "as available", and the Provider disclaims all other warranties, whether express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Product will be uninterrupted or error-free.
12.1 The Provider shall defend the Customer against any third-party claim alleging that the Product, as provided by the Provider and used in accordance with this Agreement, infringes that third party's intellectual property rights, and shall indemnify the Customer against damages and costs finally awarded or agreed in settlement. If the Product is or may become subject to such a claim, the Provider may, at its option, procure the right for the Customer to continue using the Product, modify or replace it so it is non-infringing, or terminate the affected Order Form and refund any prepaid, unused Fees. This Section states the Provider's entire liability for intellectual-property infringement. The Provider's obligations under this Section do not apply to a claim arising from the Customer Content, from use of the Product in breach of this Agreement, from modification of the Product by or for the Customer, or from combination of the Product with items not supplied by the Provider where the claim would not have arisen without that combination.
12.2 The Customer shall defend and indemnify the Provider against any third-party claim arising out of the Customer Content or the Customer's use of the Product in breach of this Agreement or Applicable Laws.
12.3 The indemnified Party shall give the indemnifying Party prompt notice of the claim, reasonable cooperation, and sole control of the defence and settlement (provided no settlement imposes any non-indemnified liability or admission on the indemnified Party without its consent). The indemnified Party may participate in the defence with its own counsel at its own expense.
13.1 To the maximum extent permitted by Applicable Laws, neither Party shall be liable for any indirect, incidental, special, consequential or punitive loss or damage, or for any loss of profits, revenue, data, goodwill or anticipated savings, arising out of or in connection with this Agreement, whether in contract, tort (including negligence) or otherwise.
13.2 To the maximum extent permitted by Applicable Laws, each Party's total aggregate liability arising out of or in connection with this Agreement and the applicable Order Form shall not exceed the total Fees paid or payable by the Customer under that Order Form in the twelve (12) months immediately before the event giving rise to the liability.
13.3 Sections 13.1 and 13.2 do not apply to, and there is no cap on: (a) the Customer's obligation to pay Fees; or (b) any liability that cannot be excluded or limited under Applicable Laws, including for gross negligence or wilful misconduct. The cap in Section 13.2 is a single aggregate cap across this Agreement, every Order Form and the DPA.
14.1 Confidential Information means any non-public information disclosed by or on behalf of a Party (the Discloser) to the other Party (the Recipient) in connection with this Agreement that is identified as confidential or that should reasonably be understood to be confidential given its nature or the circumstances of disclosure. The non-public parts of the Product and the Documentation are the Provider's Confidential Information. Customer Content is the Customer's Confidential Information. The Fees and the other commercial terms of each Order Form are Confidential Information of both Parties.
14.2 The Recipient shall use the Discloser's Confidential Information only to perform its obligations or exercise its rights under this Agreement, shall protect it with at least a reasonable degree of care, and shall not disclose it to third parties except to its representatives who have a need to know it and are bound by confidentiality obligations no less protective than those in this Agreement. The Recipient remains responsible for any breach by such persons.
14.3 The obligations in this Section 14 do not apply to information that is or becomes public through no fault of the Recipient, was known to it without obligation of confidentiality before disclosure, is independently developed by it, or is rightfully obtained from a third party. The Recipient may disclose Confidential Information to the extent required by Applicable Laws, with reasonable advance notice to the Discloser where permitted. These obligations apply during the term and for three (3) years thereafter, and for trade secrets for as long as they remain trade secrets under Applicable Laws.
As between the Parties, the Provider retains all right, title and interest in and to the Product, the Documentation and all related intellectual property rights, and the Customer retains all right, title and interest in and to the Customer Content. No rights are granted other than as expressly set out in this Agreement.
16.1 This Agreement, together with the Order Forms and any documents incorporated by reference, constitutes the entire agreement between the Parties regarding its subject matter and supersedes all prior or contemporaneous understandings and agreements relating to it. In the event of conflict, an Order Form prevails over the General Terms for the transaction it governs, unless the Order Form states otherwise. Terms in any purchase order or similar document issued by the Customer do not amend this Agreement and are rejected.
16.2 Any notice under this Agreement must be in writing and sent by email, to the Provider at legal@bzrk.dev and to the Customer at the notice address stated in the Order Form, and is deemed received on the next business day after sending.
16.3 If any provision of this Agreement is held invalid or unenforceable, it shall be modified to the minimum extent necessary or, failing that, severed, and the remaining provisions remain in full force. The Parties are independent contractors. This Agreement does not confer any rights on third parties. This Agreement may be executed in counterparts, including by electronic signature, each of which is an original and all of which together constitute one and the same agreement.
16.4 Either Party may state publicly that the Customer uses the Product, and the Provider may display the Customer's name and logo for that purpose in accordance with any trademark guidelines the Customer publishes. The Customer may opt out at any time by notice to legal@bzrk.dev, and the Provider will then stop naming the Customer and using its name and logo in new material within thirty (30) days. Neither Party shall issue a press release about the relationship without the other Party's prior written approval.
16.5 Each Party shall comply with the export control and sanctions laws that apply to it, including Regulation (EU) 2021/821 and sanctions adopted by the European Union, the United Nations and, where applicable to a Party, the United Kingdom and the United States. The Customer represents that it is not, and is not owned or controlled by, a person subject to such sanctions. The Customer shall not submit to the Product any information classified by a state or international organisation.
Unless otherwise expressly provided in this Agreement, no amendments or supplements to the Agreement, in whole or in part, shall be applicable unless such amendment or supplement has been made in writing and signed by authorised representatives of the Parties.
Neither Party may assign its rights or obligations under the Agreement, in whole or in part, without the other Party's prior written consent, except to a successor in a merger, acquisition or sale of all or substantially all of its assets or shares, on written notice to the other Party.
19.1 This Agreement shall be governed by and construed in accordance with the substantive law of Sweden, without regard to its conflict-of-law rules.
19.2 Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the SCC Arbitration Institute. The seat of arbitration shall be Stockholm. The language to be used in the arbitral proceedings shall be English.
Questions about the General Terms may be directed to legal@bzrk.dev.