End User License Agreement

Effective Date: January 1, 2025

Last Updated: January 10, 2025

1. Grant of License

1.1 Community Edition (Free License)

Subject to the terms of this Agreement, Infinidatum LLC grants you a limited, non-exclusive, non-transferable, revocable license to:

• Install and use the FinOpsMetrics Community Edition software in binary form
• Use the software for commercial or non-commercial purposes
• Use the software on unlimited servers and devices
• Create unlimited user accounts

1.2 Enterprise Editions (Paid License)

Enterprise Editions (Startup, Business, Enterprise) require a valid paid subscription. The license grants additional rights as specified in your subscription agreement:

• Access to advanced features (AI recommendations, GPU acceleration, etc.)
• Priority technical support
• Service level agreements (SLA)
• Custom feature development (Enterprise tier)

2. Restrictions

You MAY NOT:

• Reverse Engineer: Decompile, disassemble, reverse engineer, or attempt to derive the source code of the software
• Modify: Modify, adapt, translate, or create derivative works based on the software
• Redistribute: Sell, rent, lease, distribute, sublicense, or transfer the software to third parties
• Remove Notices: Remove, alter, or obscure any proprietary notices, labels, or marks on the software
• Compete: Use the software to develop competing products or services
• Resell: Offer the software as a hosted or managed service without written authorization from Infinidatum LLC
• Access Source Code: Attempt to access, view, or obtain the source code through any means

3. Intellectual Property

FinOpsMetrics and all related intellectual property rights are and shall remain the exclusive property of Infinidatum LLC. This Agreement does not grant you any rights to:

• Patents, copyrights, trade secrets, trademarks, or other proprietary rights
• Source code, design documents, or technical specifications
• The FinOpsMetrics name, logo, or trademarks

4. Data and Privacy

You retain all rights to your data processed by FinOpsMetrics. The software:

• Operates on your infrastructure with your cloud credentials
• Does not transmit your cost data to Infinidatum LLC servers
• Stores data locally or in your chosen data persistence backend
• Collects anonymous usage telemetry only (opt-out available)

5. Updates and Maintenance

5.1 Community Edition

• Updates provided on a best-effort basis
• No guaranteed update schedule or bug fix timeline
• May be discontinued at any time without notice

5.2 Enterprise Editions

• Regular updates and security patches
• Priority bug fixes and feature requests
• Advance notice of any breaking changes

6. Warranty Disclaimer

You acknowledge that:

• Use of the software is at your own risk
• You are solely responsible for data backup and disaster recovery
• Infinidatum LLC does not guarantee cost savings or optimization results
• The software may contain bugs, errors, or security vulnerabilities

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Infinidatum LLC shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Cost of procurement of substitute goods or services
• Business interruption or system downtime
• Damages arising from reliance on software recommendations

TOTAL LIABILITY CAP: In no event shall Infinidatum LLC's total liability exceed the amount you paid for the software in the 12 months preceding the claim. For Community Edition users, the total liability shall not exceed $100 USD.

8. Term and Termination

8.1 Community Edition

This license is effective until terminated. We may terminate your license at any time for any reason. You may terminate by ceasing all use and destroying all copies of the software.

8.2 Enterprise Editions

Your license continues until the end of your paid subscription period. Non-payment or violation of terms results in immediate termination of enterprise features.

8.3 Effect of Termination

Upon termination, you must:

• Immediately cease all use of the software
• Uninstall and destroy all copies of the software
• Certify in writing that all copies have been destroyed (if requested)

9. Export Control

The software is subject to United States export control laws. You agree to comply with all applicable export and import laws and regulations. You may not download or use the software if you are:

• Located in a country subject to U.S. embargo
• Listed on any U.S. government list of prohibited or restricted parties
• Using the software for prohibited end uses (e.g., nuclear, missile, or chemical/biological weapons)

10. Indemnification

You agree to indemnify, defend, and hold harmless Infinidatum LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from:

• Your use or misuse of the software
• Your violation of this Agreement
• Your violation of any third-party rights
• Your violation of applicable laws or regulations

11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, United States, without regard to its conflict of law provisions.

Any disputes arising from this Agreement shall be resolved exclusively in the state or federal courts located in Connecticut.

12. Entire Agreement

This Agreement constitutes the entire agreement between you and Infinidatum LLC regarding the software and supersedes all prior agreements, understandings, and communications, whether oral or written.

13. Modifications

Infinidatum LLC reserves the right to modify this Agreement at any time. Continued use of the software after modifications constitutes acceptance of the modified terms. Material changes will be communicated via email or through the software interface.

14. Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. No Waiver

Failure to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.

16. Contact Information

For questions about this License Agreement:

• Email: finops@infinidatum.net
• Company: Infinidatum LLC
• Address: Connecticut, United States