Terms of Service

Last Updated: June 1, 2025

1. Acceptance of Terms

By accessing or using finopsmetrics.com ("Website"), downloading FinOpsMetrics software ("Software"), or using any managed services offered by Infinidatum LLC ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Website, Software, or Services.

2. Proprietary Software License

FinOpsMetrics software is provided as proprietary software in binary form only. The software is licensed under our Proprietary End User License Agreement (EULA). Key points:

• Binary Distribution Only: No source code is provided or made available
• Restrictions: You may NOT reverse engineer, decompile, modify, or redistribute the software
• No Warranty: The software is provided "AS IS" without warranty of any kind
• All Rights Reserved: Infinidatum LLC retains all intellectual property rights

For full license terms, see our Proprietary EULA.

3. Service Tiers

3.1 Community Edition

• Free forever under proprietary license
• Email support (best effort)
• No SLA or uptime guarantees
• You are responsible for deployment, maintenance, and security

3.2 Professional & Enterprise Services

If you purchase Professional or Enterprise services from Infinidatum LLC:

• Terms are governed by a separate service agreement
• SLA, support response times, and pricing defined in your agreement
• Billing terms and payment obligations apply
• Early termination fees may apply

4. Acceptable Use Policy

You agree NOT to use FinOpsMetrics or our Services to:

• Violate any applicable laws or regulations
• Infringe intellectual property rights of others
• Distribute malware, viruses, or malicious code
• Engage in fraudulent or deceptive practices
• Interfere with or disrupt the integrity or performance of our Services
• Attempt unauthorized access to our systems or user accounts
• Use the Services to compete with Infinidatum's commercial offerings
• Resell or redistribute managed services without authorization

5. User Responsibilities

5.1 Self-Hosted Deployments

When you self-host FinOpsMetrics, you are responsible for:

• Securing your infrastructure and cloud credentials
• Compliance with data protection laws (GDPR, CCPA, etc.)
• Backup and disaster recovery procedures
• Software updates and security patches
• Ensuring appropriate access controls

5.2 Managed Services

If using managed services, you are responsible for:

• Providing accurate account and billing information
• Securing your account credentials
• Promptly notifying us of any security breaches
• Complying with your service agreement

6. Intellectual Property

6.1 FinOpsMetrics Software

The FinOpsMetrics software is proprietary software owned by Infinidatum LLC. You receive only the limited rights granted by the Proprietary EULA. All rights not expressly granted are reserved.

6.2 Website Content

The FinOpsMetrics website, including documentation, logos, design elements, and marketing materials, is owned by Infinidatum LLC and protected by copyright laws. You may not:

• Copy, reproduce, or redistribute website content without permission
• Use our trademarks or logos without prior written consent
• Create derivative works of website content

6.3 Your Content

You retain ownership of any configurations or data you create using FinOpsMetrics. FinOpsMetrics is proprietary software and does not accept external code contributions.

7. Warranties and Disclaimers

7.1 Software Warranty Disclaimer

THE FINOPSMETRICS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2 Website and Services

We strive to provide accurate information on our website and reliable managed services, but:

• We do not warrant that the Website or Services will be uninterrupted or error-free
• We do not guarantee specific cost savings or optimization results
• Documentation and recommendations are provided for informational purposes only
• You are responsible for validating recommendations before implementation

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• No Consequential Damages: We are not liable for indirect, incidental, special, or consequential damages
• No Lost Profits: We are not liable for lost profits, revenue, data, or business opportunities
• Maximum Liability: Our total liability for any claims related to the Services shall not exceed the amounts you paid us in the 12 months preceding the claim
• Self-Hosted: For self-hosted deployments, our liability is limited to $100 USD

9. Indemnification

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

• Your use of FinOpsMetrics software or Services
• Your violation of these Terms
• Your infringement of any intellectual property or privacy rights
• Your negligence or willful misconduct

10. Payment Terms (Managed Services)

If you purchase Professional or Enterprise services:

• Billing: You will be billed according to your service agreement (monthly, annually)
• Payment Methods: We accept credit cards, bank transfers, and purchase orders
• Late Payments: Late payments may incur interest at 1.5% per month or the maximum allowed by law
• Taxes: You are responsible for all applicable taxes (VAT, GST, sales tax)
• Refunds: Refunds are provided according to your service agreement

11. Termination

11.1 Managed Services

• By You: You may terminate services according to your service agreement
• By Us: We may suspend or terminate services for non-payment, breach of terms, or illegal activity
• Effect: Upon termination, you must cease using managed services; data export is available for 30 days

11.2 Self-Hosted Software

The Proprietary EULA continues to govern your use of the software. These Terms cease to apply if you stop using the Website.

12. Third-Party Services

FinOpsMetrics integrates with third-party services (AWS, Azure, GCP, OpenAI, Anthropic, etc.). Your use of those services is governed by their respective terms of service and privacy policies. We are not responsible for third-party services.

13. Privacy

Our use of your personal information is governed by our Privacy Policy. By using our Services, you consent to our privacy practices.

14. Export Compliance

You agree to comply with all export laws and regulations. You will not export or re-export FinOpsMetrics software to:

• Countries subject to U.S. export restrictions
• Individuals or entities on U.S. government restricted parties lists
• For prohibited end uses (nuclear, chemical, or biological weapons)

15. Modifications to Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Posting the updated Terms on this page
• Updating the "Last Updated" date
• Sending email notification to managed service customers

Continued use of the Services after changes constitutes acceptance of the new Terms.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms are governed by the laws of the State of Connecticut, United States, without regard to conflict of law principles.

16.2 Dispute Resolution

Any disputes shall be resolved through:

1. Informal Negotiation: First, attempt to resolve through good-faith negotiation for 30 days
2. Mediation: If negotiation fails, non-binding mediation with a mutually agreed mediator
3. Litigation: If mediation fails, disputes shall be resolved in the state or federal courts located in Connecticut
4. Class Action Waiver: You agree to resolve disputes individually, not as part of a class action

16.3 Exceptions

Either party may seek injunctive relief or other equitable remedies in court for intellectual property disputes, breach of confidentiality, or to prevent irreparable harm.

17. Miscellaneous

17.1 Entire Agreement

These Terms, along with the Privacy Policy and any service agreements, constitute the entire agreement between you and Infinidatum LLC.

17.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

17.3 No Waiver

Failure to enforce any right or provision does not constitute a waiver of that right.

17.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

17.5 Force Majeure

We are not liable for delays or failures due to events beyond our reasonable control (natural disasters, war, pandemics, internet outages).

18. Contact Us

For questions about these Terms:

• Email: finops@infinidatum.net
• Company: Infinidatum LLC