Terms of Service

1. Eligibility, Legal Age & Corporate Authority

KloudSense is strictly a business-to-business (B2B) cloud infrastructure analysis and financial intelligence platform. By creating an account, requesting an audit, submitting an estimate, or using any part of the service, you affirmatively represent and warrant that:

• You are at least 18 years of age (or the age of legal majority in your jurisdiction);
• You possess full legal right, capacity, and authority to enter into these Terms of Service on behalf of yourself and the organization, company, or entity you represent;
• The service is not directed to individuals under the age of 18, and KloudSense does not knowingly collect personal data from minors in accordance with the Children's Online Privacy Protection Act (COPPA - 15 U.S.C. § 6501 et seq.) and global data protection laws.

2. Scope of the Audit Service

KloudSense delivers automated and senior architect-reviewed AWS cost and infrastructure optimization audits. Upon customer deployment of a read-only IAM role or CloudFormation stack, KloudSense analyzes resource configurations, AWS Cost and Usage Reports (CUR), and CloudWatch metric summaries to produce an engineering remediation roadmap, financial summary, and prioritized action plan.

3. Strictly Read-Only Security Warranty

KloudSense warrants that all connection mechanisms, IAM role requests, and CloudFormation templates deployed by KloudSense operate strictly under read-only permissions (such as AWS-managed SecurityAudit and ViewOnlyAccess). KloudSense does not request, possess, or execute write permissions, cannot stop, reboot, terminate, or alter customer infrastructure, and will never introduce changes to your live workloads.

4. Customer Control & Revocation

The customer maintains sole, unfettered ownership and administrative authority over their AWS accounts at all times. The customer retains the absolute right to revoke KloudSense's read-only access at any time by deleting the IAM role or CloudFormation stack. Customer has full discretion over whether, when, and how to execute any remediation steps recommended in the audit report.

5. Commercial Pricing Model & Explicit NO Auto-Renewal Warranty

KloudSense operates on a transparent, productized, fixed-fee model designed for complete financial predictability:

• Fixed One-Time Fees: All audit packages (including Super Saver, Starter Audit, Growth Audit) and Partner Memberships (Solo DevOps, Agency/MSP Pro) are billed as strictly one-time, non-recurring payments for their specified validity term (e.g. 30 days or 365 days).
• Zero Automatic Renewals: KloudSense does NOT implement recurring subscriptions, hidden automatic renewals, or automated recurring payment card debits. Your payment method will never be automatically charged upon the expiration of your scan window or annual membership.
• Term Expiration & Manual Repurchase: When an audit scan window or annual partner access cycle concludes, access expires cleanly unless you affirmatively choose to purchase a new scan package or manually renew your membership.

6. Actionable Savings Money-Back Guarantee & Eligibility

KloudSense offers an Actionable Savings Guarantee on qualifying audits. If our audit does not identify actionable AWS savings opportunities whose estimated annualized financial value (calculated as monthly savings × 12 across Medium and High confidence non-dismissed findings) is at least 2× the audit fee paid, the customer may request a full refund within 7 days of receiving the final report. Guarantee eligibility requires an active monthly AWS spend of at least $500/month. Actual realized savings depend on internal customer implementation, workload volatility, and AWS pricing updates.

7. User-Uploaded Content, Media & Receipts (Ownership, Disclaimer & Indemnification)

Users and partners may upload data, images, receipts, payment proofs, agency logos, and technical architecture notes to the platform. Regarding all user-uploaded materials:

• Full User Ownership: You retain full, exclusive ownership, title, and all intellectual property rights in and to any text, images, screenshots, logos, trade names, bank transfer receipts, invoices, or files uploaded by you.
• KloudSense Disclaims All Ownership: KloudSense explicitly detaches itself from any ownership, claim of title, or proprietary interest in any user-uploaded files or brand assets.
• Non-Verification & Presumption of Legitimate Rights: KloudSense does not authenticate, verify, or audit the ownership, copyright, or intellectual property rights of any materials uploaded by users. KloudSense operates under the strict, irrebuttable presumption that the uploading user owns or has obtained all necessary licenses, permissions, and consents from third parties to upload, store, and display such materials.
• Strict Indemnification: You expressly agree to defend, indemnify, and hold harmless KloudSense Technologies, its directors, officers, employees, contractors, and affiliates from and against any and all claims, demands, liabilities, damages, losses, costs, or expenses (including reasonable legal fees and statutory damages) arising out of or relating to any content, images, receipts, or logos you upload, including but not limited to claims of copyright infringement, trademark infringement, trade secret misappropriation, or defamation.

8. Digital Millennium Copyright Act (DMCA) & Copyright Policy

KloudSense respects the intellectual property rights of others and adheres to the safe harbor provisions of the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe that any material or user-uploaded file on KloudSense infringes your copyrighted work, you may submit a formal notification to our Designated Copyright Agent:

Your notice must include: (a) physical or electronic signature of the copyright owner; (b) identification of the copyrighted work claimed to be infringed; (c) precise location/URL of the infringing material; (d) your full contact details; (e) a statement of good-faith belief that use of the material is unauthorized; and (f) a statement under penalty of perjury that the information is accurate.

9. Transactional Alerts & Operational Communications Consent

By submitting an estimate request, registering an account, or connecting an AWS account, you acknowledge and explicitly consent to receive transactional and relationship communications essential to the operation of the service. These include:

• Account security notices, password reset links, and email verification tokens;
• Automated scan execution, completion notifications, and report delivery links;
• Payment receipts, invoices, and billing transaction confirmations;
• Critical system health or AWS IAM connection disconnection warnings.

These operational notifications are contractual and relationship messages strictly exempt from marketing opt-out requirements under the CAN-SPAM Act (15 U.S.C. § 7702). You can manage notification settings anytime within your portal dashboard.

10. Deliverables & Intellectual Property

Upon payment, the customer receives perpetual, non-exclusive ownership of their customized AWS Savings & Findings Report, Executive Financial Summary, and engineering remediation blueprints for their internal business operations. KloudSense retains all proprietary rights, algorithms, heuristics, AST evaluation models, and software code powering the KloudSense analysis engine.

11. Advisory Disclaimer & Limitation of Liability

KloudSense audit findings and remediation steps represent advisory engineering evaluations based on empirical AWS telemetry. They do not constitute formal architectural guarantees. While KloudSense provides safe checklists and rollback instructions, customer engineers are solely responsible for testing and deploying changes in their environments. To the maximum extent permitted by applicable law, KloudSense's aggregate financial liability under this agreement is limited strictly to the fees paid by customer for the specific audit.

12. Governing Law & Legal Inquiries

These Terms are governed by and construed in accordance with standard commercial laws. For any legal inquiries, enterprise compliance questions, or data governance queries, please contact our team at [email protected].