Terms of Service

Last updated on 01/11/2022

General Provisions

In these terms and conditions, the following terms will have the following meanings:

User: the natural or legal person using the CloudBurn service, including installing the CloudBurn GitHub App on their repositories.
Service Provider: Cloud Burn, the provider of CloudBurn, hereafter referred to as "Cloud Burn".
Service: the CloudBurn GitHub App and associated services that provide AWS cost analysis for infrastructure as code changes in pull requests.
Agreement: the terms governing your use of CloudBurn, formed when you install the GitHub App or subscribe to paid features, hereafter referred to as "the Agreement".

These terms and conditions apply to all use of the CloudBurn service by Users insofar as the parties do not expressly deviate from these terms and conditions in writing.
The present terms and conditions also apply when Cloud Burn uses third-party services (such as AWS Pricing API, GitHub API) to provide the Service.
If one or more of the provisions of these general terms and conditions are void or voided, the remaining provisions of these general terms and conditions will remain in full force. In that case, Cloud Burn and the User will hold consultations in order to agree new provisions replacing the void or voided provisions, whereby the tenor and purport of the original provision will be observed to the greatest possible extent.

The Agreement is formed when you install the CloudBurn GitHub App on your repositories or subscribe to paid CloudBurn features.
The Agreement is concluded for an indefinite period and continues until you uninstall the GitHub App or cancel your subscription.

You may terminate this Agreement at any time by uninstalling the CloudBurn GitHub App from your repositories or canceling your subscription through the provided channels.
Cloud Burn reserves the right to suspend or terminate the Service if you violate these terms or for non-payment of subscription fees.

By installing CloudBurn, you grant the necessary GitHub App permissions for CloudBurn to access pull request information, repository code for analysis, and the ability to post cost analysis comments.
You are responsible for ensuring your infrastructure code is properly formatted and follows AWS CDK or Terraform best practices for accurate cost analysis.
You must notify Cloud Burn if you believe the Service is providing inaccurate cost estimates or experiencing technical issues.

Cloud Burn is committed to protecting your repository data and infrastructure code. We only access data necessary to provide cost analysis functionality.
Cloud Burn will not use your infrastructure code or repository information for purposes other than providing the CloudBurn service.
We do not store your source code permanently. Cost analysis results may be cached temporarily for performance optimization.
Cloud Burn uses industry-standard security practices to protect your data during transmission and processing.
For detailed information on data handling, please refer to our Privacy Policy.

All intellectual property rights in the CloudBurn service, including but not limited to the software, algorithms, cost analysis methodology, and user interface, are owned by Cloud Burn.
Users retain all intellectual property rights to their own infrastructure code and repository content.
The cost analysis reports generated by CloudBurn remain your property and can be shared within your organization or with third parties as needed.

Cloud Burn strives to provide the CloudBurn service with high availability, but does not guarantee uninterrupted access.
The Service may experience downtime for maintenance, updates, or due to third-party service dependencies (GitHub API, AWS Pricing API).
Cloud Burn will make reasonable efforts to notify Users of scheduled maintenance in advance.

CloudBurn may offer both free and paid subscription tiers. Payment terms will be clearly communicated when you subscribe to paid features.
Subscription fees are billed according to the selected billing cycle (monthly, annually) and are due at the beginning of each billing period.
Failure to pay subscription fees may result in suspension or termination of access to paid features.
Refunds are handled on a case-by-case basis. Please contact info@cloudburn.io for refund requests.
Cloud Burn reserves the right to change subscription pricing with 30 days notice to existing subscribers.

Issues, bug reports, or feedback regarding the CloudBurn service should be submitted through our GitHub repository issues or by contacting info@cloudburn.io.
Cloud Burn will make reasonable efforts to address reported issues in a timely manner, but does not guarantee specific resolution timeframes.
Feature requests and suggestions are welcome and will be considered for our public roadmap.

CloudBurn provides cost estimates based on AWS pricing data and infrastructure code analysis. These estimates are for informational purposes only and may not reflect actual AWS charges.
Cloud Burn is not liable for decisions made based on CloudBurn cost estimates. Users are responsible for verifying costs and making informed infrastructure decisions.
The Service is provided "as is" without warranties of any kind, either express or implied, including but not limited to accuracy of cost estimates, completeness of analysis, or fitness for a particular purpose.
Cloud Burn is not liable for any AWS charges incurred by Users, regardless of whether CloudBurn provided cost estimates for the infrastructure changes.
If and insofar as Cloud Burn could be held liable, this liability will be limited to the amount paid by the User for CloudBurn subscription fees in the 12 months preceding the claim, up to a maximum of EUR 5,000.
Cloud Burn is not liable for service interruptions, data loss, or issues caused by third-party services (GitHub API, AWS Pricing API) or incorrect infrastructure code.
Users must report any claims within 30 days of discovering the issue. Claims not reported within this period will not be considered.

Cloud Burn reserves the right to suspend or terminate access to CloudBurn if subscription payments are overdue.
Cloud Burn may suspend or terminate the Service if a User violates these terms, uses the Service for malicious purposes, or engages in activities that harm the Service or other Users.
Upon termination, Users' access to paid features will be revoked. CloudBurn will cease analyzing pull requests and posting cost reports.

These terms and the use of CloudBurn are governed by Dutch law.
Any disputes relating to these terms or the CloudBurn service will be settled by the competent court of the district in which Cloud Burn is based.
Users are encouraged to contact info@cloudburn.io first to resolve any disputes informally before pursuing legal action.

All subscription prices exclude applicable taxes (VAT) and other government levies, unless stated otherwise.
Cloud Burn reserves the right to modify subscription pricing. Existing subscribers will be notified 30 days before any price changes take effect.
Price changes will not affect the current billing cycle for existing subscribers. New pricing will apply from the next billing cycle.

Cloud Burn reserves the right to modify, enhance, or discontinue features of the CloudBurn service at any time.
Users will be notified of significant changes through the CloudBurn website, email, or GitHub repository.
Continued use of the Service after changes constitutes acceptance of the modified service.

For any questions regarding these terms and conditions, please contact us at info@cloudburn.io.