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Announcing CostTrail's integration with QuickBooksLearn more
Announcing CostTrail's integration with QuickBooksLearn more
Please read these terms carefully before using our services.
Welcome to CostTrail. These Terms of Service ("Terms") govern your access to and use of our cost optimization platform, website, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.
If you are using our Services on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.
Our Services are not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will promptly delete that information.
Throughout these Terms, we use certain defined terms:
When you create an account with us, you must provide accurate, complete, and current information. You are responsible for safeguarding the password and any other credentials used to access your account, and you are solely responsible for any activity occurring through your account.
You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your login information, including your password.
You may control your user profile and how you interact with the Services by changing the settings in your account settings page. By providing your email address, you consent to receive electronic communications from us.
CostTrail provides cloud cost management and optimization services designed to help organizations gain visibility and control over their cloud spending. Our Services may include, but are not limited to:
We reserve the right to modify, suspend, or discontinue any part of the Services at any time. We will provide notice of material changes to the Services as required by law.
Access to our Services requires a paid subscription. Subscription fees are based on the plan selected and the number of resources monitored. All payment obligations are non-cancelable, and fees paid are non-refundable, except as expressly provided in these Terms.
Unless otherwise specified in your order form:
We may change our subscription fees at any time. If we reduce our fees, the reduction will become effective immediately. If we increase our fees, we will provide notice at least 30 days before the change takes effect.
You agree not to:
We reserve the right to suspend or terminate your access to the Services if we determine, in our sole discretion, that you have violated this Acceptable Use Policy.
You own your Customer Data. By using our Services, you grant us a worldwide, non-exclusive license to host, copy, transmit, and display your Customer Data as necessary for us to provide the Services in accordance with these Terms and our Privacy Policy.
We will maintain appropriate administrative, physical, and technical safeguards to protect the security of your Customer Data. We will not access or use Customer Data except as necessary to provide the Services, comply with the law, or as otherwise permitted with your consent.
Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information about you. You agree to the collection, use, storage, and disclosure of your information as described in our Privacy Policy.
Upon termination of your subscription, we will retain your Customer Data for a limited period of time as described in our Privacy Policy. After that period, we will delete your Customer Data in accordance with our data retention practices.
The Services, including all content, features, and functionality, are owned by CostTrail, our licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms do not grant you any right, title, or interest in the Services, or any content, features, or functionality of the Services. You may not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material obtained through the Services, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
If you provide feedback, ideas, or suggestions regarding our Services ("Feedback"), you agree that we are free to use such Feedback without any restriction or compensation to you.
We warrant that the Services will perform materially in accordance with our documentation under normal use. If you notify us of a breach of this warranty, your exclusive remedy will be for us to correct or repair the Services to conform to the documentation.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content available through the Services.
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE 12-MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold harmless CostTrail, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
This defense and indemnification obligation will survive these Terms and your use of the Services.
These Terms will remain in full force and effect while you use the Services or maintain an account with us. We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.
Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website prior to the changes becoming effective. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.
It is your responsibility to review these Terms periodically. We recommend that you print a copy of these Terms for your records.
These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Any legal action or proceeding relating to these Terms or your access to or use of the Services shall be instituted exclusively in the federal or state courts located in San Francisco County, California. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
WAIVER OF CLASS ACTIONS: YOU AND COSTTRAIL AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Before filing a claim, each party agrees to try to resolve the dispute by contacting the other party. If we can't resolve the dispute within thirty (30) days, either party may then proceed to file a claim.
Entire Agreement. These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and us regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.
Waiver. No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent. If such modification is not possible, the provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.
Assignment. You may not assign these Terms or any rights or obligations hereunder without our prior written consent, and any attempt to do so will be void. We may assign these Terms and our rights and obligations hereunder in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
Force Majeure. We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, acts of war, terrorism, riots, civil unrest, malicious damage, sabotage, governmental actions, or power or connectivity outages.
Contact Information. If you have any questions about these Terms, please contact us at legal@costtrail.com.
By using CostTrail's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
