These Terms govern access to and use of the Vision4Ops SaaS FinOps platform. By accessing the platform, the Customer agrees to these Terms. For questions, contact privacy@vision4ops.com.
1. Parties
These Terms of Service ("Terms") constitute a binding agreement between Vision4Ops LLC, a company incorporated under the laws of the State of Florida, USA, with operations in São Paulo, Brazil ("Vision4Ops", "Provider"), and the entity or individual accessing the platform ("Customer", "you").
2. Object
Vision4Ops grants the Customer a non-exclusive, non-transferable, limited license to access and use the Vision4Ops cloud cost intelligence and FinOps platform ("Platform") as a software-as-a-service (SaaS) solution, strictly for the Customer's internal business purposes, for the duration of the subscription period.
3. Vision4Ops Obligations
- Make the Platform available in accordance with the agreed service level.
- Implement reasonable technical and organizational security measures to protect Customer data.
- Provide support via email during business hours (São Paulo, UTC-3).
- Notify the Customer of planned maintenance with reasonable advance notice.
- Process Customer data only as instructed and in accordance with the Privacy Policy.
- Notify the Customer within 72 hours of becoming aware of a security incident affecting Customer data.
4. Customer Obligations
- Use the Platform only for lawful purposes and in compliance with these Terms.
- Provide accurate and complete information when registering and using the Platform.
- Maintain the confidentiality of account credentials and notify Vision4Ops promptly of any unauthorized access.
- Ensure that authorized users comply with these Terms.
- Not attempt to reverse-engineer, decompile, or extract the source code of the Platform.
- Not use the Platform to process data in violation of applicable laws, including the LGPD.
- Not resell or sublicense access to the Platform to third parties without prior written consent.
5. Pricing and Payment
Fees are as set forth in the commercial proposal agreed between the parties. Unless otherwise stated in the proposal, invoices are due within 30 days of issuance.
Vision4Ops reserves the right to adjust pricing with 60 days' advance written notice to the Customer. Continued use of the Platform after the effective date of the adjustment constitutes acceptance of the new pricing.
Late payments may be subject to interest at the rate of 1% per month, and Vision4Ops may suspend access to the Platform for accounts overdue by more than 30 days, after providing written notice and a 7-day cure period.
6. Intellectual Property
The Platform, including all software, algorithms, user interfaces, documentation, and related materials, is and remains the exclusive property of Vision4Ops LLC. These Terms do not transfer any ownership rights to the Customer.
Customer data uploaded to or processed by the Platform remains the property of the Customer. Vision4Ops does not claim any ownership rights over Customer data.
7. Confidentiality
Each party agrees to keep confidential any non-public information received from the other party ("Confidential Information") and to use such information only for the purposes of these Terms.
Customer data uploaded to the Platform is considered Customer Confidential Information. Vision4Ops will not disclose Customer data to third parties except as required to provide the services (sub-processors), comply with legal obligations, or with the Customer's prior written consent.
Confidentiality obligations survive termination of these Terms for a period of 3 years.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VISION4OPS'S TOTAL CUMULATIVE LIABILITY TO THE CUSTOMER ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Vision4Ops shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or business interruption, even if advised of the possibility of such damages.
Nothing in these Terms limits Vision4Ops's liability for fraud, willful misconduct, or death or personal injury caused by negligence.
9. Term and Termination
These Terms commence on the date the Customer first accesses the Platform and continue for the subscription period specified in the commercial proposal, automatically renewing unless either party gives written notice of non-renewal at least 30 days before the end of the current period.
Either party may terminate these Terms with 30 days' prior written notice. Vision4Ops may terminate immediately upon material breach by the Customer that remains uncured after 15 days' notice.
Upon termination, Customer's access to the Platform ceases. Customer data will be retained for up to 24 months after termination in accordance with the Privacy Policy, after which it will be permanently deleted. The Customer may request a data export within 30 days of termination.
10. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflict of laws provisions.
For Customers located in Brazil, the provisions of applicable Brazilian law, including the Lei Geral de Proteção de Dados (LGPD — Law No. 13.709/2018) regarding data subject rights and data processing, apply concurrently.
Any dispute shall be submitted to binding arbitration in Miami, Florida, under the rules of the American Arbitration Association, conducted in English, unless the parties mutually agree otherwise in writing.
11. General Provisions
- Entire agreement. These Terms, together with the commercial proposal and Privacy Policy, constitute the entire agreement between the parties and supersede all prior agreements relating to the subject matter.
- Amendments. Vision4Ops may update these Terms with 30 days' written notice. Continued use constitutes acceptance.
- Severability. If any provision is held invalid, the remaining provisions continue in full force.
- No waiver. Failure to enforce any provision shall not constitute a waiver of future enforcement.
- Force majeure. Neither party is liable for delays or failures caused by events beyond their reasonable control.
- Assignment. The Customer may not assign these Terms without Vision4Ops's prior written consent. Vision4Ops may assign in connection with a merger, acquisition, or sale of assets.
12. Contact
For questions about these Terms or to request a Data Processing Agreement (DPA):
privacy@vision4ops.com
Vision4Ops LLC · State of Florida, USA