MCP Servers - Disclaimers and Claim Waivers

This section describes disclaimers, limits on liability and claim waivers applicable to various aspects of the Kaseya Insights Community. These provisions apply to all community activities and Participants, such as for example: use of Contributions (defined in the Contributing Guide); actions against Kaseya; and the availability of the community.

By accessing, using, or participating in the Kaseya Insights Community in any manner, you agree to be bound by the provisions in this document, as well as all other governing documents. If you do not agree, do not participate in the community.

This section supplements and does not replace the terms of the Apache version 2.0 License, the Code of Conduct, the Contributing Guide, the Governance Policy, the Security Policy and this ReadMe.

SOFTWARE, CODE, DOCUMENTATION, MCP SERVERS, SCRIPTS AND ALL OTHER CONTRIBUTIONS, AS WELL AS ANY SERVICES PROVIDED BY ANY PARTICIPANT INCLUDING ACTIONS TAKE BY KASEYA, ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Kaseya, Contributors, Participants and any entities related to such individuals (including employers), expressly disclaim, and there are no warranties or representations of any type in relation to the community. Specifically, Contributions are provided without any warranty or contribution that they are:

• Merchantable, fit for a particular purpose, or non-infringing;
• Error-free or secure, or that access will be uninterrupted;
• Will have its defects corrected; or
• Are accurate or complete.

Participants are solely responsible for evaluating the suitability of Contributions for their intended use before deployment in any environment, especially production environments. To the fullest extent permitted by applicable law, Participants waive any and all claims against any individual or entity arising from or related to Contributions or provision of services to the community.

Kaseya cannot independently verify representations made regarding intellectual property rights and infringement. Accordingly, to the fullest extent permitted by applicable law:

• No warranty is made that any Contribution or service does not infringe the patents, trademarks, copyrights, or other proprietary rights of any third party;
• No representation is made that any Contribution is the original work of the submitting Contributor;
• No warranty is made that a Contributor has the authority to license a Contribution on behalf of their employer or any third party; and
• The Community disclaims any responsibility for independently verifying representations made by any Participant, including Contributors.
• Participants who incorporate community materials into their own projects do so at their own risk and are responsible for conducting their own intellectual property due diligence

Services and Contributions involving security measures are voluntarily given and provide AS IS. Participants use the Contributions and community sites at their own risk, and are responsible for their own security evaluations related to the Kaseya Insights Community. There are no warranties or representations that:

• Any aspect of the community, including Contributions, is secure or free from vulnerabilities;
• The community’s security practices will prevent unauthorized access, data breaches, or other security incidents;
• The disclosure process regarding vulnerabilities will result in successful or prompt outcomes; or
• Security patches will be issued for all versions or all reported vulnerabilities.

The community's Security Policy describes the process for reporting vulnerabilities but does not constitute a commitment regarding remediation. To the fullest extent permitted by applicable law, Participants waive any and all claims against any entity or individual arising from a security incident or vulnerability related to the community or its sites.

Kaseya provides the Kaseya Insights Community and all related services free of charge, and “AS IS.” and without warranty. For example, there is no warranty or representation that there will be consistency in enforcement of the Code of Conduct or prompt publication of Contributions. To the fullest extent permitted by applicable law, by participating in this community you waive any and all claims against Kaseya, its representatives, and any Participants for actions taken in Good Faith, such as, for example, those related to Contributions (removal, modification, rejection), the Code of Conduct (the issuance of warnings, or bans) or Governance (the nomination or election Members). "Good Faith" means action taken honestly and with the belief that it serves the interests of the community, even if the action is later determined to have been mistaken.

The Kaseya Insights Community provides forums for discussion. With respect to all such community communications:

• Statements made in community forums represent the opinions of the individual Contributor making them, not the position of the community, Kaseya or any organization;
• Community communications do not constitute professional advice of any kind, including without limitation legal, security, or technical advice. Participants should seek qualified professional advice before making decisions based on information shared in community forums;
• No warranty is made regarding the accuracy or completeness of information shared in community discussions;
• Participants should be aware that other community members may have undisclosed conflicts of interest with respect to matters they discuss, and;
• The Community does not endorse any third-party products, services, tools, or links mentioned by participants in community channels.

Contributions may reference, incorporate, or interact with third-party libraries, tools, services, or repositories (“Third-Party Technology”). To the fullest extent permitted by applicable law:

• No warranty is made regarding any Third-Party Technology referenced or used by the community;
• The community is not liable for vulnerabilities, failures, licensing changes, discontinuation or upstream dependencies of Third-Party Technology;
• No endorsement of Third-Party Technology is made by virtue of reference or use; and
• Kaseya does not control and is not responsible in any way for Third-Party Technology.

Participants are responsible for reviewing and complying with the licenses and terms applicable to all Third-Party Technology that they use or distribute.

The Kaseya Insights Community and all related sites and site content may be abandoned, forked, transferred, archived, or materially changed at any time, with or without notice. To the fullest extent permitted by applicable law, Participants waive any and all claims, and assume all risk, related to the foregoing. For example, there is no no warranty or representation that:

• The community will be maintained, updated, or continued for any period of time;
• There will be future version releases of any Contribution, or that any aspect of the community will maintain backward compatibility;
• Any particular feature request will be considered, prioritized, or implemented;
• Any uptime service level will be met for any hosted services, servers, CI/CD pipelines, or project infrastructure; or
• The community will zbe transferred to a different governing body, relicensed (subject to the terms of the current license), or materially restructured.

Kaseya is the founding sponsor of the Kaseya Insights Community and provided the initial codebase and infrastructure. The following limitations and disclaimers apply:

• Kaseya does not constitute an endorsement of any particular Contribution, technical direction, or community position;
• Kaseya does not guarantee continued funding, infrastructure support, or administrative involvement in the community;
• Kaseya's commercial products and services are separate from the Kaseya Insights Community. Mere participation in the community does not create any commercial relationship with Kaseya, any right to Kaseya's Products, or any entitlement to Kaseya support services; and

The Kaseya Insights Community operates through the GitHub platform. Please remember:

• Information shared in public community forums — including issues, discussions, pull requests, and comments — is public and may be permanently accessible, indexed, and archived by third parties. Do not share personal, confidential, or sensitive information in public community channels;
• The community is not responsible for personal information voluntarily disclosed by participants in public forums;
• GitHub's Privacy Policy, available at https://docs.github.com/en/site-policy/privacy-policies/github-general-privacy-statement, governs the collection and processing of data through the GitHub platform; and
• No warranty is made that private reports submitted with respect to vulnerabilities, breaches of code of conduct, or other issues, will remain confidential in all circumstances, including in response to valid legal process.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KASEYA, THE COMMUNITY, CONTRIBUTORS, PARTICIPANTS OR ANY RELATED ENTITY BE LIABLE FOR ANY OF THE FOLLOWING IN RELATION TO THE KASEYA INSIGHTS COMMUNITY:

• Indirect, incidental, special, exemplary, punitive, or consequential damages of any kind;
• Loss of data, loss of profits, loss of revenue, or business interruption; or
• Damages arising from use of or reliance on the community, Contributions, or communications,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMMUNITY, KASEYA, AND CONTRIBUTORS TO ANY CLAIMANT SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not permit the exclusion of certain warranties or limitation of certain categories of damages. In such jurisdictions, the above exclusions and limitations apply to the maximum extent permitted by applicable law. Nothing in this document limits liability that cannot be limited under applicable law.

To the extent California law applies, the waivers in this document include a waiver of the protections of California Civil Code Section 1542, which provides:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." 

By participating in the community, you expressly waive the benefits of Section 1542 and any similar statute or principle of law in any jurisdiction to the extent applicable to the waivers set forth in this document.

Legal issues stemming from the Kaseya Insights Community, including these disclaimers and waivers, shall be governed by and construed in accordance with the laws of Delaware, USA, without regard to its conflict of law principles. Any dispute arising under or related to this document shall be subject to the exclusive jurisdiction of the courts located in the State of Delaware.

These Disclaimers and Claim Waivers may be amended by Kaseya. The version history of this document is maintained in the community repository.