Terms of Service

FTOS2025-Jul-04

Contents

  1. Acceptance of Terms
  2. Definitions
  3. Changes to Terms
  4. Description of Services
  5. Service Level Commitments
  6. Security, Data Processing, and Confidentiality
  7. Accounts & Eligibility
  8. Free and Paid Services; Payments
  9. User Responsibilities & Acceptable Use
  10. Intellectual Property
  11. Disclaimer of Warranties
  12. Limitation of Liability
  13. Indemnification
  14. Export Control Compliance
  15. Dispute Resolution
  16. Termination & Post-Termination Obligations
  17. Survival 
  18. Miscellaneous
  19. Contact Us
1. Acceptance of Terms

By accessing or using the website or any products, services, or tools (collectively, the “Services”) of Finitizer Technologies Inc., a British Columbia corporation (“Finitizer,” “we,” “us,” “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree with these Terms, you must not use the Services. These Terms form a binding agreement between you and Finitizer (referred to as “Finitizer”, “we”, “us”, or “our”). If you are acting on behalf of an organization, you represent that you have authority to bind that entity, and “you” refers to both you and that entity.

2. Definitions

For clarity throughout these Terms:

  • “Beta Features” – functionality identified as beta, preview, pilot, or experimental.
  • “Confidential Information” – non-public, proprietary, or confidential information disclosed by either party.
  • “Customer Environment” – the cloud infrastructure owned, controlled, or licensed by you where Finitizer software is deployed.
  • “Services” – Finitizer’s website and any products, software, or tools provided under these Terms.
  • “Third-Party Services” – any services, applications, or systems provided by parties other than Finitizer.
  • “User Data” – data, content, and information you input, upload, or otherwise provide to the Services.
3. Changes to Terms

We may modify these Terms from time to time. For material changes we may (a) email registered users and (b) and post the updated Terms on our website and update the “Last Updated” date above. It is your responsibility to review these Terms periodically. Your continued use of the Services after any changes constitute acceptance of the updated Terms. If you reject a change, discontinue use prior to the effective date.

4. Description of Services

Finitizer provides tools for cloud financial management, cloud-cost analysis and cloud optimization. Offerings include free tools (e.g., cost estimators, FinOps assessments, and query analyzers) and may include additional premium or) and paid services. services in the future. We reserve the right to add, remove, or modify features or services at any time. Any new features or tools that we add to our Services will also be subject to these Terms.

as per our defined fees. Finitizer makes no commitment to deliver future functionality until officially launched.

5. Service Level Commitments
  1. Target availability: 95% monthly uptime for deployed software components within the Customer Environment.
  2. Support response: Initial response within 48 business hours.
  3. Planned maintenance: 72-hour advance notice.

These commitments rely on the underlying performance of the Customer Environment.

6. Security, Data Processing, and Confidentiality
  1. Customer Environment deployment. Finitizer software processes all data exclusively within your Customer Environment; no data leaves your infrastructure.
  2. Data ownership & control. You retain full ownership of User Data.
  3. Security responsibility. Physical and logical security controls (encryption, IAM, backups) follow your policies. Finitizer’s code inherits that posture.
  4. Each party will protect the other’s Confidential Information with at least reasonable care and use it only for purposes of these Terms; obligations survive 3 years after disclosure (trade secrets, indefinitely).
7. Accounts & Eligibility

You must be at least 18 (or age of majority in your jurisdiction to use our Services. By using the Services, you represent that you are legally capable of entering into this agreement.

You are responsible for safeguarding credentials and all activity under your account.

 We reserve the right to suspend or terminate your account (or access to any Service) at any time if we believe you have violated these Terms or if we otherwise determine it’s necessary (for example, for security reasons or if an account is inactive for an extended period).

8. Free and Paid Services; Payments

Free Services: Finitizer currently offers certain tools and features free of charge. These free Services are provided as-is and without any commitment that they will remain free forever. We may place limits on free Services (such as usage limits or non-commercial use only) as described on our site or in the Service.

 Paid Services: Finitizer may introduce premium features or paid Services in the future. If you choose to access Services that require payment (“Paid Services”), you agree to pay all applicable fees. Pricing and payment terms for Paid Services will be provided at the time you sign up or purchase. For example, Paid Services may be offered on a subscription basis or on usage-based fees, or as a percentage of total benefit delivered as described in an order form or on our website.

Payment Terms: All fees are stated and payable in US dollars and are exclusive of taxes (unless stated otherwise). You are responsible for any taxes, duties, or charges imposed by governmental authorities (except taxes on Finitizer’s income). Payments will be due as indicated (e.g. at the beginning of a subscription period or upon invoice). If you provide a payment method (such as a credit card), you authorize Finitizer or its third-party payment processor to charge your payment method for the applicable fees. If your payment method fails or your account is past due, we may suspend or terminate your access to Paid Services.

We reserve the right to change our fees or introduce new charges for the Services in the future. If we do so, and if you have a subscription or ongoing use, we will provide advance notice of pricing changes (for instance, by email or through the Service). Your continued use of the Paid Service after the price change goes into effect constitutes your agreement to pay the updated amount. If you do not agree to a pricing change, you may cancel your Paid Service subscription before the new fees apply.

  • Advance pricing notice. We will give 60 days’ written notice before fee changes.
  • Either party may terminate paid subscriptions with 60 days’ notice.
  •  No refunds / no proration
9. User Responsibilities & Acceptable Use

You agree to use the Services only for lawful purposes and in compliance with these Terms and all applicable laws and regulations. You are solely responsible for all data, content, and materials that you upload, submit, or process using our Services, and for your use of the Services. By using Finitizer, you represent and warrant that you have the right to use any data or content you input into the Services and that such use does not violate any law or infringe anyone’s rights.

Prohibited Conduct: You agree that you will not, and will not permit any third party to:

  • Misuse the Services: Do not use the Services in any unlawful, harmful, or abusive manner. This includes not using the Services to violate any intellectual property rights, privacy rights, or other rights of any person, and not using the Services to engage in any fraudulent or misleading activity.
  • Interfere with the Services: Do not interfere with or disrupt the integrity or performance of our Services. This means you must not attempt to disable, overburden, or impair the Service (e.g., by launching a denial-of-service attack or introducing malware), and you will not attempt to bypass any security or access controls of the Service.
  • No Unauthorized Access: Do not attempt to gain unauthorized access to any portion of the Finitizer Services, accounts, computer systems, or networks. If the Services are limited to certain users or require credentials, you must not try to access them without proper authorization.
  • No Reverse Engineering: You will not reverse engineer, decompile, or disassemble any software or technology used to provide the Services, except as permitted by applicable law notwithstanding this limitation.
  • No Improper Content: You will not use the Services to transmit or store any content that is unlawful, defamatory, obscene, offensive, or that contains any viruses, worms, or other malicious code. You also agree not to use the Service to store or transmit any data that you do not have a legal right to use or that violates export control or data protection laws.
  • Compliance with Others’ Rights: You will not use the Services in a way that violates the rights of Finitizer or any third party, including intellectual property rights or rights of privacy. For example, you will not use the Services to upload or share material that infringes copyrights or trade secrets of someone else.

Finitizer reserves the right (but does not have the obligation) to monitor use of the Services to ensure compliance with these Terms. We may investigate any suspected violation and take appropriate action, such as removing content, disabling access, or terminating accounts or access for violators.

User Data and Ownership

Your Data: When you use our Services, you may input or upload your data (for example, cloud usage data, cost information, queries, or other materials) into the tools. You retain all rights and ownership of your data. Finitizer does not claim any ownership over data, information, or content that you provide when using the Services (“User Data”). Data on Your Systems: Finitizer’s tools are designed such that any analysis is performed either on your own systems or on a transient basis. We do not store your User Data on our servers beyond the immediate needs of processing your request. License to Process Your Data: You grant Finitizer a limited, non-exclusive license to use, copy, and process your User Data solely for the purpose of providing and improving the Services. This means we only access and use your data to the extent necessary to run the tool or service you have requested (such as analyzing a query or estimating costs) and to maintain or improve our Services’ functionality.  

Responsibility for Data: You are responsible for the accuracy, quality, and legality of your User Data. You must ensure you have all necessary rights to use and share your data with us for processing via the Services.

No unlawful, infringing, or malicious activity; no reverse engineering; no export-controlled data without compliance (see Section 14).

10. Intellectual Property

Finitizer’s Intellectual Property: All rights, title, and interest in and to the Services (including the website, software, tools, code, algorithms, designs, trademarks, and all content provided by Finitizer) are the exclusive property of Finitizer or its licensors. The Services are protected by intellectual property laws and treaties. Finitizer reserves all rights not expressly granted to you in these Terms. You are granted a limited, revocable, non-exclusive, non-transferable right to access and use the Services for your internal use, strictly as permitted by these Terms. You do not acquire any ownership or proprietary interest in the Services or any associated intellectual property by using our tools or website.

Restrictions: You may not copy, reproduce, distribute, publicly display, or create derivative works from any part of our Services or content without prior written permission from Finitizer. You must not remove, obscure, or alter any copyright, trademark, or other proprietary rights notices on any content or copies of content from Finitizer.

Suggestions &Feedback: If you choose to provide any suggestions, ideas, enhancement requests, or other feedback regarding Finitizer or our Services (“Feedback”), you grant us a perpetual, irrevocable, worldwide, sublicensable, royalty-free license to use and incorporate your Feedback in any way, without any obligation to you. Feedback is entirely voluntary, and we may use it to improve our products and services without any compensation or acknowledgment to you.

  • Finitizer retains all IP in the Services.
  • You receive a non-exclusive license to use any results, analytics, or reports generated for internal business purposes.
  • Feedback you provide is non-confidential; you grant Finitizer a perpetual, worldwide, royalty-free license and waive moral rights to the extent permitted.
11. Disclaimer of Warranties

“As-Is” Basis: Finitizer provides the Services on an “as is” and “as available” basis. While we strive to provide useful and reliable tools, we make no warranties or representations of any kind about the Services. To the fullest extent permitted by applicable law, Finitizer disclaims all warranties, whether express, implied, or statutory, regarding the Services and any results generated by the Services. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.

 Technical Risks: You assume all risk for any damage to your computer system, software, hardware, data, or network that results from using our Services or downloading any content from our website. Finitizer does not warrant that the site or Services are free of viruses or other harmful components, although we take reasonable measures to secure our platform.

Services are provided “as is” without warranties of any kind.

12. Limitation of Liability

To the fullest extent permitted by law, in no event will Finitizer or its affiliates, officers, employees, agents, partners, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of or inability to use the Services or any content on the website. This includes, without limitation, any damages for lost profits, lost savings or revenue, loss of data, or business interruption, even if we (or our representatives) have been advised of the possibility of such damages.

Total liability: the total cumulative liability of Finitizer and its affiliates, for any claims arising out of or related to these Terms or the Services, regardless of the form of action, whether in contract, tort (including negligence), or otherwise in aggregate is limited to the greater of (a) amounts you paid to Finitizer for the affected Service in the preceding 1 month or (b) USD $100. This limitation applies collectively to Finitizer, its subsidiaries, officers, employees, agents, suppliers, and licensors.

13. Indemnification

You will indemnify Finitizer against claims arising from (a) your misuse of the Services, (b) violation of these Terms or law, or (c) infringement caused by your content.

14. Export Control Compliance

You agree not to use the Services to process data or engage in activities that violate U.S. EAR/ITAR, Canadian Export Control List, or other applicable export laws, and confirm you are not on prohibited-party lists.

15. Dispute Resolution
  1. Good-faith negotiation – 30 days.
  2. Binding arbitration – if unresolved, disputes may be submitted to arbitration in British Columbia, Canada.
  3. Class-action waiver – parties waive class or representative actions where lawful.
  4. Court jurisdiction – courts of British Columbia retain jurisdiction for injunctive relief.
16. Termination & Post-Termination Obligations
  • Either party may terminate for convenience with 60 days’ notice.
  • Upon termination you have 45 days to export data or reports before permanent deletion.
  • You will delete all Finitizer software from the Customer Environment within 30 days.
  • Termination or Suspension by Finitizer:We may suspend or terminate your access to the Services (or terminate these Terms as they apply to you) at our discretion, at any time, with or without notice, if we believe that: (i) you have violated these Terms or any applicable policy or guidelines, (ii) you create risk or possible legal exposure for us, (iii) our provision of the Services to you is no longer commercially viable, or (iv) we have decided to discontinue the Service (or a portion of it). We will make a reasonable attempt to notify you of such termination or suspension, either through the Service or via email to the address associated with your account (if available), but we may terminate immediately if necessary to comply with law or protect our rights.
  • Upon termination of your use of the Services for any reason, your right to access or use the Services will immediately cease.
17. Survival

Sections on intellectual property, confidentiality, limitations of liability, indemnification, dispute resolution, export controls, survival, and post-termination obligations survive termination.

18. Miscellaneous

Entire Agreement: These Terms (together with any Service-specific terms or agreements expressly incorporated by reference, and the Privacy Policy below) constitute the entire agreement between you and Finitizer regarding the Services and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral, relating to the subject matter hereof.

 Waiver: No waiver of any term or condition of these Terms by Finitizer shall be deemed a further or continuing waiver of such term or of any other term, and Finitizer’s failure to enforce any right or provision under these Terms shall not constitute a waiver of that right or provision.

Assignment: You may not assign or transfer these Terms (or any rights or obligations herein) without our prior written consent. Any attempted assignment by you without consent is void. Finitizer may assign or transfer these Terms and its obligations without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets, or by operation of law.

Entire agreement; severability; waiver; assignment (you need prior written consent; Finitizer may assign freely); no third-party beneficiaries; independent contractors; notices via website or registered email.

19. Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us. We will do our best to address your inquiry promptly.

You can reach us by email at [email protected] or by using the contact form on our website.

Privacy Team – Finitizer Technologies Inc.
Burnaby, BC, Canada
info@finitizer.com

…End of Terms of Service…

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