Terms Of Service

Spend Shrink (“Company,” “we,” “our,” or “us”) refers to Spend Shrink LLC, a Limited Liability Company registered in West Virginia. These Terms of Service (“Agreement”) govern your access to and use of the services provided by Spend Shrink (“Services”). By using our Services, you agree to be legally bound by these Terms.

1. Agreement to Terms

By accessing or using our services, you, the user, agree to be legally bound by this Terms of Service Agreement (“Agreement”), as updated from time to time. If you are entering into this Agreement on behalf of a business or entity, you represent that you have the authority to bind such business or entity to these terms.

2. Modification of Terms and Services

2.1 Changes to Agreement: Spend Shrink reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

2.2 Service Amendments: We may also amend the services offered, discontinue services, or introduce new services along with applicable terms and conditions, which will be incorporated into this Agreement.

3. Account Registration and Responsibilities

3.1 Account Creation: To access certain features of Spend Shrink, you must register for an account. You agree to provide truthful and complete information during the registration process and to keep this information up to date.

3.2 Account Security: You are responsible for safeguarding the password and for all activities that occur under your account. Spend Shrink cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

4. Fees, Payments, and Refunds

4.1 Subscription Plans: Spend Shrink offers the following pricing structure:

• Free Tier
  

• Premium ($99.99 per month per AWS account)

4.2 Payment Terms: Fees are billed on a monthly basis and are non-refundable under any circumstances.

4.3 Price Changes: Spend Shrink reserves the right to adjust pricing for our services or any components thereof in any manner and at any time. Any price changes will be communicated to you in advance and, if applicable, will take effect at the start of the next subscription period.

4.4 Refunds and Chargebacks: Spend Shrink does not offer refunds for any subscription fees or charges. Any chargebacks or unauthorized refunds will be deducted from any damages or awards in any arbitration or legal process. Under no circumstances will a user receive a refund or chargeback that exceeds the total amount paid to Spend Shrink for services.

4.5 No Refund for Partial Usage: Fees are billed on a monthly basis, and no refunds will be provided for unused portions of a billing cycle, even if the service is canceled or discontinued partway through a billing period.

5. Use of Services

5.1 Permitted Use: You agree to use the services only for lawful purposes and in accordance with this Agreement.

5.2 Restrictions: You shall not use the services for any illegal purpose or in any manner inconsistent with the terms of this Agreement.

5.3 Service Availability: Spend Shrink does not guarantee that the services will always be available or that they will be uninterrupted. We may experience downtime due to scheduled maintenance or unexpected outages, and we are not liable for any disruption of services.

5.4 User-Generated Content: By submitting any content through Spend Shrink’s services (including but not limited to feedback, comments, or reviews), you grant Spend Shrink a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, distribute, and display such content in connection with the operation of our services.

5.5 User Responsibility for Actions: You acknowledge and agree that you are solely responsible for the decisions and actions you take based on the information and recommendations provided by Spend Shrink. This includes, but is not limited to, the termination of AWS resources, purchasing savings plans, and modifying account or resource configurations. Spend Shrink is not liable for any adverse outcomes resulting from these actions.

5.6 User Responsibility for Implementation: While Spend Shrink provides recommendations based on available AWS data, it is your responsibility to verify the suitability and accuracy of any actions before implementation. Spend Shrink is not liable for any negative consequences, including increased costs, resource terminations, or unintended impacts, resulting from the implementation of recommendations provided by the service.

6. No Guarantee of Savings or Accuracy

6.1 No Guarantee of Savings or Accuracy: Spend Shrink strives to provide accurate savings insights, but we do not guarantee any specific financial results or cost savings, nor do we guarantee the accuracy or completeness of any cost estimations, resource usage data, or AWS-related recommendations. The effectiveness of the services will depend on various factors, including but not limited to the user’s AWS usage and configurations, which are outside of Spend Shrink’s control.

6.2 AWS Data Disclaimer: Spend Shrink accesses your AWS account data to provide recommendations and insights. We do not take responsibility for the accuracy of AWS data or any errors, omissions, or issues resulting from AWS services or data retrieval.

6.3 Accuracy of Recommendations: Spend Shrink provides recommendations, insights, and suggestions based on available AWS account data, including cost optimization strategies such as savings plans or instance terminations. These recommendations are provided “as is” and are not guaranteed to be accurate, complete, or error-free. You acknowledge that reliance on such recommendations is at your own risk, and Spend Shrink will not be liable for any errors, inaccuracies, or unintended consequences arising from following or implementing any recommendations.

7. Limitation of Liability and Disclaimers

7.1 Disclaimer of Warranties: Spend Shrink provides its services on an “as is” and “as available” basis without any warranties of any kind, whether express or implied.

7.2 Limitation of Liability: In no event will Spend Shrink, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; and (iv) unauthorized access, use, or alteration of your transmissions or content.

7.3 Cap on Liability: For businesses, the maximum damages recoverable in any lawsuit against Spend Shrink shall be limited to the amount equivalent to one month’s payment under your current service plan, less any refunds, chargebacks, or unauthorized deductions.

7.4 Indemnification: You agree to defend, indemnify, and hold harmless Spend Shrink, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the services.

7.5 Liability for Actions Taken on Recommendations: Spend Shrink is not responsible for any loss, damage, or costs incurred due to actions taken by users or automatic processes based on recommendations provided by the service, including but not limited to instance terminations, purchasing savings plans, or adjustments to AWS resources. It is your responsibility to review and verify the accuracy and suitability of any recommendations and/or information before implementation.

7.6 Automated Actions Disclaimer: If you enable automated actions within the Spend Shrink platform (such as automatic termination of AWS resources or purchases of savings plans), you agree that these actions will be executed based on Spend Shrink’s recommendations. You further agree that Spend Shrink is not liable for any errors, financial loss, or unintended consequences caused by automated actions.

7.7 Liability for AWS Costs: Spend Shrink is not responsible for any additional costs or charges incurred from the use of Amazon Web Services (AWS) that arise as a result of using our service, including but not limited to charges from AWS Cost Explorer, resource usage, or any other AWS service that carries a fee. You are solely responsible for paying any AWS costs associated with the usage or implementation of recommendations provided by Spend Shrink.

7.8 AWS Data Accuracy: Spend Shrink relies on data provided by Amazon Web Services (AWS), such as billing and usage statistics, to offer our services. We do not control or verify the accuracy or timeliness of this data. Spend Shrink is not responsible for any errors, omissions, or delays in data provided by AWS.

8. Termination

8.1 Termination for Misuse: Spend Shrink reserves the right to suspend or terminate your account if you misuse the services, including but not limited to engaging in illegal activities, violating the rights of others, or misusing the platform for prohibited purposes.

8.2 Termination for Breach: Spend Shrink may terminate or suspend your account and bar access to the service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Agreement.

9. Governing Law and Dispute Resolution

9.1 Governing Law: This Agreement shall be governed and construed in accordance with the laws of West Virginia, United States, without regard to its conflict of law provisions.

9.2 Dispute Resolution:

Any dispute or claim arising out of or in connection with these Terms, including disputes relating to the validity of this Agreement, shall be resolved through binding arbitration in the state of West Virginia. Spend Shrink shall have sole discretion in selecting the arbitrator, and the arbitration will be conducted confidentially. Any decision or award by the arbitrator may be entered in any court of competent jurisdiction.

9.3 Limitation on Damages:

The total amount you can be awarded in any arbitration or legal proceeding related to this Agreement or the use of our services will be capped at the lesser of either (i) one month’s subscription fee under your current service plan, after deducting any chargebacks, refunds, or unauthorized deductions, or (ii) $5,000. Spend Shrink will not be liable for any indirect, incidental, special, consequential, or punitive damages under any circumstances.

10. Severability and Waiver

10.1 Severability: If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect.

10.2 Waiver: A waiver of any term or condition in this Agreement shall not be considered a further or continuing waiver of such term or any other term.

11. Force Majeure

Spend Shrink will not be liable for any failure or delay in the performance of its obligations resulting from causes beyond its reasonable control, including, but not limited to, natural disasters, government action, war, labor disputes, and internet failures.

12. Intellectual Property

All content, features, and functionality (including but not limited to information, software, text, displays, images, and video) provided through the Spend Shrink services are owned by Spend Shrink or its licensors. You are granted a limited, non-transferable license to use the services solely for personal or internal business purposes. Trademarks, logos, and other intellectual property (e.g., AWS) are the property of their respective owners, and their use does not imply endorsement or affiliation.

13. Privacy Policy

By using Spend Shrink’s services, you agree to the collection and use of information as outlined in our Privacy Policy, which is incorporated by reference into this Agreement.

14. Feedback and Contact Information

Your feedback is welcome and encouraged. You can contact us at support@spendshrink.com.

By using or accessing Spend Shrink services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.