Terms of Service

CloudInSpot is designed to help organizations understand and optimize AWS cloud expenditure using billing information supplied by the Customer. Depending on the features available, CloudInSpot may:

• Accept AWS billing statements or billing-page PDFs uploaded by the Customer.
• Extract and process billing information from uploaded documents.
• Identify potential cost inefficiencies, unusual spending patterns, and optimization opportunities.
• Compare billing information across multiple billing periods.
• Estimate potential savings based on supplied billing data.
• Rank recommendations based on potential impact, effort, risk, and confidence.
• Generate reports or other outputs containing cost findings and recommendations.
• Apply automated validation and verification checks to figures and findings.
• Use artificial intelligence and machine-learning technologies to assist with analysis and report generation.

CloudInSpot is an analytical and decision-support tool. It does not replace FinOps professionals, cloud architects, engineers, finance professionals, security professionals, or other appropriately qualified personnel. Scalex may add, modify, improve, suspend, or discontinue features from time to time.

• You are legally capable of entering into a binding agreement and are at least 18 years old.
• You have authority to upload and process the billing information submitted to CloudInSpot.
• You have authority to accept these Terms on behalf of the organization or Customer, where applicable.
• Your use of CloudInSpot complies with applicable laws and regulations.

If you access or use CloudInSpot on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

Certain CloudInSpot features may require an account. You are responsible for providing accurate account information, protecting credentials, restricting access to authorized individuals, and promptly notifying Scalex of suspected unauthorized access or security incidents.

“Authorized Users” means employees, contractors, consultants, or other individuals authorized by the Customer to access and use CloudInSpot. The Customer is responsible for managing Authorized Users, ensuring compliance with these Terms, maintaining appropriate permissions and access controls, and removing access when no longer required. The Customer remains responsible for activity performed through its account, except to the extent directly caused by Scalex’s breach of its obligations.

“Customer Content” means AWS billing information, billing statements, billing-page PDFs, account information, files, text, data, and other information that a Customer or Authorized User uploads to, submits to, or makes available to CloudInSpot.

The Customer retains all rights, title, and interest in Customer Content. Nothing in these Terms transfers ownership of Customer Content to Scalex.

The Customer grants Scalex a limited, non-exclusive, worldwide right to access, copy, process, transmit, store, and otherwise use Customer Content only as reasonably necessary to provide CloudInSpot, extract and analyze billing information, generate and validate assessments and reports, provide support, maintain and secure the Service, prevent fraud or abuse, comply with law, and perform activities expressly authorized by the Customer.

The Customer represents that it has all rights, permissions, licenses, consents, and authorizations necessary for Scalex to process Customer Content. The Customer is responsible for its legality, accuracy, completeness, and third-party rights. Customers should not upload passwords, private keys, AWS secret access keys, authentication credentials, API secrets, or other security credentials.

CloudInSpot’s billing-analysis functionality is designed to operate from AWS billing information supplied by the Customer. Unless expressly stated otherwise for a future feature and separately authorized by the Customer:

• CloudInSpot does not require AWS account credentials, IAM roles, or access keys.
• CloudInSpot does not connect directly to the Customer’s AWS account.
• CloudInSpot does not modify AWS resources.
• CloudInSpot does not deploy, terminate, resize, or reconfigure AWS resources.
• CloudInSpot does not execute optimization actions within the Customer’s AWS environment.

The Customer remains solely responsible for reviewing and implementing any recommendations generated by CloudInSpot.

CloudInSpot may use artificial intelligence and machine-learning technologies to assist with billing analysis, finding generation, recommendation generation, report preparation, and related functionality.

Scalex is designed to minimize the information provided to AI models and may use technical controls to remove or replace identifying information before AI processing. Where applicable, CloudInSpot may use more than one model or automated validation mechanism to review generated findings and calculations.

AI-assisted processing does not guarantee that every finding, recommendation, classification, or estimate will be accurate or complete.

Customer Content will not be used by Scalex to train, fine-tune, or improve general-purpose artificial intelligence or machine-learning models unless expressly agreed with the Customer in writing. Where third-party AI providers are used, Scalex will seek to ensure that Customer Content is processed only as necessary to provide the relevant CloudInSpot functionality and subject to appropriate contractual and confidentiality protections.

CloudInSpot generates findings and savings estimates based on billing information supplied by the Customer. The Customer acknowledges that CloudInSpot may not identify every potential cost-saving opportunity; an opportunity may not result in actual savings; billing data may not reveal the actual state or configuration of an AWS environment; and a billing line item may have legitimate business, technical, contractual, or operational reasons not visible from billing data alone.

Actual costs and savings may differ because of AWS pricing, discounts, usage patterns, commitments, exchange rates, taxes, credits, and other factors. CloudInSpot does not guarantee any particular level of cost reduction or savings.

Before relying on or implementing any recommendation, the Customer is responsible for determining whether it is accurate, complete, technically feasible, financially beneficial, and consistent with the Customer’s security, compliance, operational, and business requirements. The Customer remains responsible for its AWS environment, configurations, infrastructure decisions, budgets, spending, and business decisions.

CloudInSpot is not financial, accounting, tax, legal, security, compliance, or other professional advice.

CloudInSpot may provide reports in PDF, Markdown, JSON, or other supported formats. Reports may include cost findings, estimated savings ranges, billing trends, cost drivers, optimization opportunities, effort and risk assessments, confidence indicators, and recommended next steps.

The Customer may use reports and direct analytical outputs generated for the Customer for its internal business purposes, subject to Scalex’s underlying intellectual property rights. The Customer is responsible for reviewing outputs before using them for financial, technical, operational, procurement, or other business decisions. Automated validation mechanisms do not constitute a guarantee of accuracy.

Scalex will retain Customer Content only for the period reasonably necessary to provide CloudInSpot and as otherwise communicated to the Customer or required by applicable law.

Where CloudInSpot provides for deletion of uploaded billing files after an analysis, Scalex will delete those files in accordance with applicable product retention and deletion procedures. Scalex may retain limited information where reasonably necessary to comply with law, resolve disputes, enforce contractual rights, prevent fraud or abuse, maintain security or business records, or protect the rights, safety, and security of Scalex, Customers, users, or third parties.

Backup copies may remain for a limited period as part of normal backup and disaster-recovery procedures before being overwritten or securely deleted.

Each party may receive confidential information belonging to the other party in connection with CloudInSpot. The receiving party will use confidential information only for purposes related to the business relationship, protect it using reasonable safeguards, disclose it only to personnel, professional advisers, or service providers who need to know it and are subject to appropriate confidentiality obligations, and comply with applicable law relating to disclosure.

Confidential information does not include information that is publicly available without breach, was lawfully known before disclosure, was independently developed without use of confidential information, or was lawfully received from a third party without confidentiality restrictions.

If disclosure is required by law or legal process, the receiving party may disclose the required information and, where legally permitted, will provide reasonable notice. Scalex will not sell Customer Content.

Scalex’s collection, use, storage, and disclosure of personal information in connection with CloudInSpot are described in the applicable CloudInSpot Privacy Policy.

Where Scalex processes personal information on behalf of a Customer, Scalex will process it in accordance with applicable privacy laws and the Customer’s documented instructions, subject to these Terms and any applicable written agreement. Nothing in these Terms limits rights or obligations that cannot lawfully be excluded or limited under applicable privacy or data-protection laws.

Scalex will maintain reasonable technical and organizational measures designed to protect the Service and Customer Content against unauthorized access, use, alteration, disclosure, loss, or destruction. Depending on the environment and configuration, measures may include access controls, authentication and authorization controls, least-privilege access, encryption in transit, encryption at rest where applicable, credential protection, logging and monitoring, backup and recovery controls, security incident procedures, and secure software development practices.

No software, cloud service, network, or electronic transmission or storage method can guarantee absolute security. The Customer remains responsible for security controls within its own environment, including its AWS account, identity management, user access, endpoints, and third-party services.

CloudInSpot and its underlying technology, including software, architecture, interfaces, algorithms, workflows, designs, documentation, trademarks, service marks, and other intellectual property, are owned by or licensed to Scalex. Except for rights expressly granted under these Terms, no rights in CloudInSpot are transferred to the Customer.

Subject to these Terms and applicable commercial terms, Scalex grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use CloudInSpot during the applicable subscription or engagement period solely for the Customer’s internal business purposes.

The Customer may not copy, modify, create derivative works of, sell, resell, sublicense, lease, rent, distribute, reverse engineer, decompile, disassemble, or attempt to extract source code or proprietary technology from CloudInSpot, except to the extent prohibited by applicable law. The Customer may not remove proprietary notices, improperly exploit Scalex confidential information to develop a competing service, or use automated means to extract or reproduce CloudInSpot functionality except through functionality expressly provided by Scalex.

If the Customer or its Authorized Users provide suggestions, recommendations, ideas, comments, or other feedback concerning CloudInSpot (“Feedback”), Scalex may use and incorporate that Feedback without restriction or obligation to the Customer. Feedback does not include Customer Content or confidential information. Scalex will not publicly identify the Customer as the source of Feedback without the Customer’s consent unless otherwise permitted by law.

Scalex may collect technical information relating to the operation, performance, reliability, and use of CloudInSpot and may use aggregated or de-identified information to improve the Service, monitor performance, identify trends, develop features, improve security, conduct product analytics, and improve reliability. Such information will not be used to publicly identify the Customer or disclose Customer Content.

You must not use CloudInSpot to:

• Violate applicable law or process billing information you do not have the legal right to process.
• Infringe intellectual-property, privacy, confidentiality, or other rights.
• Upload malware, malicious code, ransomware, or other harmful software.
• Bypass security controls or attempt unauthorized access to CloudInSpot or Scalex infrastructure.
• Conduct penetration testing or security attacks without Scalex’s prior written authorization.
• Interfere with the availability, performance, or operation of CloudInSpot.
• Circumvent usage limits, access restrictions, or security mechanisms.
• Reverse engineer or attempt to extract proprietary technology.
• Use automated means to access CloudInSpot except through expressly provided functionality.
• Introduce malicious or excessive workloads intended to impair the Service.
• Develop or train a competing product by extracting or exploiting Scalex proprietary technology or confidential information.
• Facilitate unlawful activity or otherwise materially harm Scalex, CloudInSpot, other Customers, or third parties.

Scalex may investigate suspected violations and suspend or restrict access where reasonably necessary to protect the Service, users, Customers, or third parties.

CloudInSpot may depend upon or use third-party services, including cloud infrastructure providers, AI providers, authentication providers, analytics services, payment processors, document-processing services, and other technology providers. Third-party services may have their own terms, privacy policies, service limitations, and security practices.

Scalex does not control third-party services and is not responsible for third-party outages, API or pricing changes, changes to third-party terms, third-party security incidents, loss of functionality, or third-party decisions to suspend or terminate access. Where a third-party service becomes unavailable or materially changes functionality, Scalex may modify or discontinue the affected CloudInSpot functionality.

Scalex may provide free trials, demonstrations, proof-of-concept environments, or evaluation access. Unless otherwise agreed in writing, trial access is for evaluation purposes, may be limited, may be modified or terminated, and may not include production-level service commitments. Customer Content used during a trial remains subject to these Terms and applicable privacy provisions. Customers should not use trial environments for critical production workloads unless expressly authorized.

Where CloudInSpot is provided for a fee, pricing and commercial terms will be specified in an applicable proposal, quotation, subscription confirmation, statement of work, invoice, or other written commercial agreement. Unless otherwise specified, fees are payable according to applicable billing terms, are exclusive of applicable taxes, are non-refundable except where agreed or required by law, and may be subject to suspension for materially overdue undisputed amounts after reasonable notice.

Scalex may modify pricing for future subscription periods by providing reasonable advance notice. Price changes will not affect an already-paid subscription period unless otherwise agreed.

Scalex will use commercially reasonable efforts to keep CloudInSpot available. Unless expressly agreed in writing, no guaranteed uptime commitment applies. Availability may be affected by maintenance, infrastructure or third-party failures, internet or telecommunications failures, security incidents, force majeure events, and other circumstances outside Scalex’s reasonable control.

Scalex may modify, enhance, replace, or discontinue features from time to time, including supported billing formats, AI or document-processing technologies, output formats, interfaces, and workflows. Scalex will use reasonable efforts to avoid materially reducing the core functionality of a paid Service during an active subscription period, subject to changes required for security, legal compliance, third-party dependencies, technological requirements, or reasonable operational purposes.

To the maximum extent permitted by applicable law, the Customer agrees to defend, indemnify, and hold harmless Scalex and its officers, employees, affiliates, representatives, and service providers from claims, losses, liabilities, damages, costs, and expenses arising from or relating to Customer Content that infringes or allegedly infringes third-party rights, unauthorized use of CloudInSpot, violation of these Terms or applicable law, unauthorized access resulting from the Customer’s failure to maintain appropriate account security, or misuse of third-party services.

Scalex will provide reasonable notice of an indemnified claim and reasonable cooperation at the Customer’s expense. The Customer may not settle an indemnified claim in a manner that admits liability by Scalex or imposes obligations on Scalex without Scalex’s prior written consent.

To the maximum extent permitted by applicable law, CloudInSpot is provided on an “as is” and “as available” basis.

Scalex does not warrant that CloudInSpot will always be available, operate without interruption or error, identify every cost-saving opportunity, provide technically or commercially appropriate recommendations, produce savings estimates equal to actual savings, provide AI-generated output that is always accurate, complete, or current, receive complete or accurate billing data, or remain free from all defects or vulnerabilities. Scalex does not warrant that third-party services will always function or that the Service will satisfy every Customer requirement.

CloudInSpot is not financial, accounting, tax, legal, security, compliance, or professional advice. To the maximum extent permitted by applicable law, Scalex disclaims warranties not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Nothing excludes or limits warranties or rights that cannot legally be excluded.

To the maximum extent permitted by applicable law, Scalex will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business opportunities, goodwill, anticipated savings, data, or business interruption arising from or relating to CloudInSpot or these Terms.

To the maximum extent permitted by applicable law, Scalex’s aggregate liability arising out of or relating to CloudInSpot, the Service, or these Terms will not exceed the fees actually paid by the Customer to Scalex for CloudInSpot during the twelve (12) months immediately preceding the event giving rise to the claim. These limitations do not apply to liability that cannot legally be limited or excluded.

Scalex may temporarily suspend or restrict access where reasonably necessary to protect the Service, prevent unauthorized access or abuse, address a material violation, comply with legal requirements, protect Customers or third parties, address a material security threat, or address materially overdue undisputed fees after reasonable notice. Emergency suspension may occur without prior notice where necessary.

The Customer may terminate its subscription in accordance with applicable commercial terms. Scalex may terminate or suspend access where the Customer materially breaches these Terms and fails to remedy the breach within a reasonable period after notice, engages in unlawful or abusive activity, creates a material security risk, becomes insolvent or ceases business operations subject to applicable law, or where termination is otherwise permitted by applicable commercial terms.

Upon termination, the Customer’s right to access CloudInSpot will cease; Customer Content will be handled according to applicable retention and deletion procedures; outstanding payment obligations remain due; and provisions that by their nature should survive termination will continue to apply, including ownership, intellectual property, confidentiality, indemnification, disclaimers, limitation of liability, dispute resolution, and governing law.

Each party will comply with laws applicable to its obligations under these Terms. The Customer is responsible for determining whether its particular use of CloudInSpot is permitted under laws and regulations applicable to its business, industry, customers, employees, data, and AWS environment.

The Customer must not use CloudInSpot in violation of applicable export-control, trade-sanction, or similar laws or for activities prohibited by applicable sanctions or export-control requirements.

Neither party will be liable for failure or delay in performing its obligations, except payment obligations, to the extent caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, government actions, internet or telecommunications failures, widespread infrastructure failures, cybersecurity events affecting critical infrastructure, epidemics or pandemics, labor disputes, and failures of third-party infrastructure. The affected party will use reasonable efforts to mitigate the impact.

These Terms will be governed by the laws of India, without regard to conflict-of-law principles. Subject to applicable law, courts having jurisdiction in Pune, Maharashtra, India will have jurisdiction over disputes arising from these Terms.

The parties will first attempt in good faith to resolve disputes through discussions between authorized representatives. If a dispute cannot be resolved through such discussions, the parties may pursue remedies available under applicable law. Nothing prevents either party from seeking urgent or interim relief from a court of competent jurisdiction where permitted by law.

Notices relating to CloudInSpot may be provided through email, the CloudInSpot application, the Customer’s registered account, or other reasonable electronic means. Legal notices to Scalex should be sent using the contact information below.

Scalex may update these Terms from time to time to reflect changes to CloudInSpot, its business, applicable law, security practices, or third-party services. Updated Terms will be posted on the CloudInSpot website with an updated Effective Date. Where changes are material and applicable law requires notice, Scalex will provide reasonable notice. Continued use of CloudInSpot after the effective date constitutes acceptance of updated Terms to the extent permitted by applicable law.

The Customer may not assign or transfer its rights or obligations under these Terms without Scalex’s prior written consent, except in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets where the successor agrees to be bound by these Terms.

Scalex may assign these Terms to an affiliate or successor in connection with a merger, acquisition, restructuring, financing, corporate reorganization, or sale of all or substantially all of the relevant business or assets.

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, employment, or franchise relationship.

Failure to enforce any provision does not constitute a waiver of that provision or the right to enforce it later.

If any provision is found invalid, illegal, or unenforceable, it will be modified or limited to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in force.

These Terms and any applicable written commercial terms expressly accepted by the Customer constitute the agreement governing use of CloudInSpot. If a written commercial agreement expressly accepted by both parties conflicts with these Terms, the specific provision in that written commercial agreement will control to the extent of the conflict.

If you have questions regarding these Terms or CloudInSpot, please contact:

Additional Scalex contact information is available on the Scalex website.