Finopsly Inc. Website Terms of Use
Finopsly Inc. Terms of Use
Welcome to https://www.finopsly.com (together with its subdomains, content, marks, and FinOpsly Website, Application, Integrations and Products, including FI (FI is a feature of the FinOpsly Application that uses AI to help you explore your organization’s FinOps and cloud cost information (within the scope your organization enables). AI-generated outputs are informational; verify material information with your official cloud and billing records.) Please read the following Terms of Use carefully before using these services to understand your legal rights and obligations with respect to Finopsly Inc. ("Finopsly," "we," "our," or "us").
By accessing or using the FinOpsly Website, Application, and Products, you expressly acknowledge and agree that you are entering into a legal agreement with us and have understood and agree to comply with and be legally bound by these Terms of Use, along with our Privacy Policy (collectively, the "Terms"). If you do not agree to be bound by these Terms, please do not access or use the FinOpsly Website, Application, and Products.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN COURTS OR JURY TRIALS AND LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.
1. Background
The FinOpsly Website, Application, and Products, including the “FI”, are intended to provide you with information related to our financial operations management products to enable you to access, interact with, and use FinOpsly products.
2. Modification of Terms
Finopsly reserves the right, at its sole discretion, to modify these Terms at any time. Such modifications will be effective immediately upon posting on the Website or within the FI Product. Your continued use of the FinOpsly Website, Application, and Products after any such changes constitutes your acceptance of the new Terms.
3. Ability to Accept Terms
The FinOpsly Website, Application, and Products are intended solely for individuals aged eighteen (18) years or older. If you are under eighteen (18), please do not use the FinOpsly Website, Application, and Products.
4. FinOpsly Website, Application, and Products Access
As long as these Terms are in effect, we grant you permission to access and use the FinOpsly Website, Application, and Products, provided that you comply with these Terms and all applicable laws.
Access to the FinOpsly FI is exclusively available to customers who hold an active subscription to FinOpsly's SaaS platform. FI is an integral component of the FinOpsly subscription and is not available as a standalone product. Use of the FI is subject to the terms of your existing subscription agreement with FinOpsly, and these Terms of Use govern your use thereof.
4.1. Software License Grant
Subject to your compliance with these Terms and maintenance of an active FinOpsly subscription, FinOpsly hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the FinOpsly Microsoft Teams Application solely for your internal business purposes. This license is conditioned upon:
(a) Maintaining an active paid subscription to FinOpsly's SaaS platform.
(b) Compliance with all terms set forth herein.
(c) Compliance with Microsoft's Terms of Service for Microsoft Teams.
This license terminates automatically upon expiration or termination of your FinOpsly subscription. No license is granted to any third party, and you may not sublicense, sell, resell, transfer, or otherwise make the Teams App available to any unauthorized party.
5. Restrictions
You shall not:
6. Intellectual Property Rights
6.1. Content and Marks
The content on the FinOpsly Website, Application, and Products (e.g., text, documents, products, graphics, services, collectively "Content") and trademarks, service marks, and logos ("Marks") are the property of Finopsly or its licensors. You may not use, modify, copy, or distribute any of the Content or Marks without our prior written consent.
6.2. Use of Content
Content is for your personal or internal business use only. Downloading or printing copies must retain all copyright notices.
6.3. Spam
You agree not to use the FinOpsly Website, Application, and Products communication systems for unauthorized commercial communications.
7. Information Accuracy
We strive for accuracy but cannot guarantee that the FinOpsly Website, Application, and Products content is error-free or complete. We reserve the right to change or update content without notice.
8. Links to Third-Party Websites
The FinOpsly Website, Application, and Products may contain links to third-party websites not owned or controlled by Finopsly. We assume no responsibility for third-party websites' content, privacy policies, or practices. Your interactions with third-party websites are at your own risk.
9. Privacy
We collect and use personal information in accordance with our Privacy Policy, available at https://finopsly.com/privacy-policy.
10. Cookie
We collect and use personal information in accordance with our Cookie Policy, available at https://finopsly.com/cookie-policy.
11. Warranty Disclaimers
The Website and FI are provided "as is" without warranties of any kind, either express or implied. Finopsly disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the FinOpsly Website, Application, and Products will be error-free, uninterrupted, or fully accurate.
12. Limitation of Liability
To the fullest extent permissible by law, Finopsly shall not be liable for any damages resulting from your use of the FinOpsly Website, Application, and Products. Our total liability will not exceed the amount of fees you have paid us within the last three months before bringing any claim.
13. Indemnity
You agree to defend, indemnify, and hold harmless Finopsly and its affiliates from any claims, damages, or liabilities resulting from your use of the FinOpsly Website, Application, and Products or violation of these Terms.
14. Dispute Resolution
14.1. Informal Resolution
Both parties agree to attempt to resolve disputes informally before initiating arbitration or legal proceedings. If not resolved within sixty (60) days, the dispute may proceed to arbitration.
14.2. Arbitration Agreement
You and Finopsly agree to resolve any disputes through binding arbitration. Arbitration will be conducted in accordance with the rules of a selected arbitration provider and the Federal Arbitration Act.
14.3. Class Action Waiver
All claims must be brought individually and not as part of a class action.
15. Termination
Finopsly may terminate your access to the FinOpsly Website, Application, and Products without notice for any reason, including a breach of these Terms. Upon termination, you must cease using the Website and FI.
In addition, your license to use the FinOpsly FI shall automatically terminate upon expiration, cancellation, or terminationof your FinOpsly subscription agreement, without any further notice required.
16. Independent Contractors
You and Finopsly are independent contractors. These Terms do not create any partnership, joint venture, or employment relationship.
17. Artificial Intelligence (AI)
FinOpsly leverages AI or automated systems to interpret user inputs (such as queries or messages) and produce responses. These responses are for informational purposes only and should be cross-checked with your official cloud and billing data.
18. Use of Artificial Intelligence
Customer acknowledges, consents, and agrees that certain features and aspects of the Services are powered by artificial intelligence (“AI”), including but not limited to machine learning-based forecasts, optimization recommendations, and a copilot service powered by large language models (LLMs) and other AI technologies. These AI features may leverage either open-source LLMs, proprietary AI models developed by Provider, or AI services provided through third-party providers. Among other capabilities, the Services use AI to produce forecasts and optimization recommendations regarding Customer’s cloud costs and utilize natural language processing to assist with customer queries.
Provider is committed to ethical AI practices and adheres to strict enterprise security guidelines for all AI services utilized within the platform, whether they are proprietary or sourced from third parties. This includes ensuring transparency, fairness, and accountability in AI operations. Provider does not and will not send any Customer-specific identifiable information to any third-party AI services. All data used by Provider's AI services shall be anonymized and aggregated to ensure that no identifiable information is shared. Provider continuously updates and improves its AI algorithms and models to enhance performance and accuracy. Customer acknowledges, understands, and agrees that it may experience changes in AI-generated outputs from the Services as these improvements are implemented.
Any recommendations and insights generated by Services utilizing AI are based on algorithms and data models. While the AI components of the Services aim to provide valuable insights and recommendations, they are not infallible. Customers should exercise its own judgment and consider additional factors when making decisions based on insights or recommendations from the Services (including AI outputs). Customer is responsible for: (A) ensuring that its use of the AI components of the Services complies with all applicable laws and regulations; (B) providing accurate and relevant data inputs to the Services; and (C) understanding and considering the limitations of insights or recommendations generated by the Services (including to the extent generated by AI).
As between the parties, Provider retains all intellectual property rights to the AI algorithms, models, and related technologies used within the Services. During the Term of this Agreement, Customer is granted a non-exclusive, non-transferable right and license to use the AI services as part of the Services.
19. FinOpsly FI — Marketplace Terms
The FinOpsly Application, and Products, including the “FI” are distributed through the Microsoft Teams App Store and Microsoft commercial marketplace. By installing or using FinOpsly, you agree to comply with all applicable Microsoft policies and terms. FinOpsly's distribution of the application through Microsoft's marketplace does not alter or supersede your existing subscription agreement with FinOpsly. In the event of any conflict between these Terms and Microsoft's marketplace policies, Microsoft's policies shall govern solely with respect to the distribution and installation of the Teams App.
20. Assignment
These Terms may not be assigned by you but may be assigned by Finopsly without restriction.
21. Governing Law
These Terms are governed by the laws of the State of Ohio. Any disputes shall be resolved exclusively in the courts of Ohio.
22. General
These Terms constitute the entire agreement between you and Finopsly. If any provision is deemed invalid, the remaining provisions shall remain in effect. You agree that any cause of action related to the FinOpsly Website, Application, and Products must be brought within one (1) year after the cause arises.
YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE FINOPSLY WEBSITE, APPLICATION, AND PRODUCTS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.