Terms of Service

These Terms of Service ("Terms") govern your access to and use of the CloudFabric platform, websites, documentation, APIs, and associated software products (collectively, the "Service"), provided by CloudFabric, Inc. ("CloudFabric", "we", "us", or "our"). By registering for an account, accessing the Service, or executing an Order Form referencing these Terms, you agree to be bound by these Terms on behalf of yourself or the legal entity you represent. If you do not agree to these Terms, you may not access or use the Service.

CloudFabric grants you a non-exclusive, non-transferable, revocable subscription right to access and use our suite of cloud governance modules (including CloudLens, CloudSec, DevHub, and LicenseLens) in accordance with your active Order Form. For enterprise tiers, CloudFabric commits to a 99.9% Monthly Uptime Percentage for the platform core management planes, excluding scheduled maintenance windows communicated at least 48 hours in advance. Service credits for qualifying disruptions are detailed in our enterprise Service Level Agreement (SLA).

To use the Service, you must create an account and configure authorized credentials or Single Sign-On (SSO) integration. You are responsible for: - Maintaining the strict confidentiality of all administrative credentials, API tokens, and IAM role trust relationships configured for CloudFabric. - Ensuring that all users assigned accounts within your organization comply with these Terms. - Promptly notifying CloudFabric at security@thecloudfabric.com upon learning of any unauthorized access, compromised API keys, or security incidents involving your account.

You agree not to use the Service to: - Reverse engineer, decompile, disassemble, or derive the source code of the CloudFabric platform or underlying algorithms. - Circumvent or test vulnerabilities in CloudFabric's security architecture without prior written authorization. - Resell, lease, sublicense, or operate the Service as a managed service bureau for third parties without an authorized partnership agreement. - Ingest malicious code, worms, Trojan horses, or unauthorized tracking mechanisms into the platform telemetry stream. - Connect accounts, cloud tenancies, or infrastructure for which you lack express authorization to monitor and govern.

Ownership of Customer Data: You retain all right, title, and interest in and to all infrastructure configurations, telemetry, resource tags, usage metrics, and audit logs imported or ingested by CloudFabric on your behalf ("Customer Data"). CloudFabric Intellectual Property: CloudFabric retains all rights, title, and interest in and to the Service, including all algorithms, user interfaces, documentation, visual diagrams, heuristics, and aggregated system benchmarks. Feedback: If you provide recommendations, ideas, or feedback regarding the Service, CloudFabric may freely use and incorporate such feedback into the platform without obligation or royalty.

Each party agrees that all technical, business, and financial information disclosed to the other party that is marked as confidential, or should reasonably be understood to be confidential, constitutes "Confidential Information." Each party will protect the other party's Confidential Information with at least the same degree of care it uses for its own confidential assets (and no less than reasonable care), and will not disclose it to any third party except to employees, contractors, and legal advisors who have a strict need to know and are bound by confidentiality obligations at least as restrictive as those herein.

CloudFabric warrants that the Service will operate in material conformity with the applicable online documentation and that we will provide the Service using reasonable skill and care. Except as expressly set forth herein, the Service is provided on an "as is" and "as available" basis. CloudFabric disclaims all other warranties, whether express, statutory, or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. CloudFabric recommendations do not constitute formal legal, accounting, or tax advice.

To the maximum extent permitted by applicable law: - In no event will either party be liable for any lost profits, lost revenue, lost data, or consequential, indirect, incidental, or special damages arising out of or related to these Terms or the Service. - Each party's aggregate cumulative liability arising out of or related to these Terms will not exceed the total fees paid or payable by Customer under the applicable Order Form during the twelve (12) months preceding the incident giving rise to liability.

Subscription Term: Subscriptions commence on the date specified in the Order Form and continue for the initial committed duration (typically 12 or 36 months). Termination for Cause: Either party may terminate these Terms and any active Order Form upon written notice if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days of receiving written notice. Post-Termination: Upon termination, all customer access keys are revoked and CloudFabric will delete Customer Data in accordance with our Privacy Policy.

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any dispute arising out of these Terms will be resolved through binding arbitration or state/federal courts located in Delaware. If any provision of these Terms is found unenforceable, that provision will be modified to reflect the parties' intent, and all remaining provisions will remain in full force and effect.