Welcome to Frust. By accessing our website at www.frust.co or using our services, you accept these Terms and Conditions ("Terms"), our Privacy Policy, and any other document referenced herein. If you do not agree with these Terms, we ask that you do not use our services.
Frust offers a platform for cloud resource optimization through artificial intelligence technology and financial management services for cloud commitments.
2. Definitions
"Agreement": Refers to these Terms and Conditions along with any other document incorporated by reference."Client": The natural or legal person who contracts Frust's services."Commitments": Refers to usage commitment agreements with AWS or other cloud service providers, including but not limited to Reserved Instances and Savings Plans."Platform": The software, applications, and services provided by Frust."Services": All services provided by Frust, including cloud resource analysis, optimization recommendations, and financial commitment management.3. Eligibility and Registration
To use our services, you must:
Be at least 18 years of ageHave the legal capacity to enter into binding contractsProvide accurate and complete registration informationMaintain the confidentiality of your account informationBe responsible for all activities that occur under your account4. Description of Services
4.1 Commitment Management
Frust offers AWS commitment management and financing services that include:
Consumption pattern analysisRecommendations for optimal commitment levelsUpfront payment financingCommitment lifecycle management4.2 Optimization Platform
Frust provides an analysis and optimization platform that includes:
Contextual analysis of cloud resourcesArtificial intelligence-based optimization recommendationsContinuous monitoring of costs and usageAutomation of cloud provisioning decisions5. Financial Terms
5.1 Fee Structure
The Client agrees to pay Frust according to the applicable fee structure:
A percentage of generated savings (10-20%) for commitment management servicesMonthly subscription based on cloud spending for the optimization platformAdditional fees for optional services as established in the commercial agreement5.2 Billing and Payments
Billing will be done monthlyPayments must be made within 30 days of the invoice dateFrust reserves the right to suspend services in case of non-paymentAll fees are subject to applicable taxes5.3 Financial Commitments
Frust may assume financial commitments with cloud providers on behalf of the ClientThe Client commits to comply with the terms agreed upon in their contract with Frust during the established periodEarly termination may be subject to penalties as detailed in section 96. Access and License of Use
6.1 License
Frust grants the Client a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform as permitted in this Agreement and solely for the Client's internal business purposes.
6.2 Restrictions
The Client shall not:
License, sublicense, sell, resell, transfer, assign, distribute, or commercially exploit the PlatformModify, adapt, or hack the PlatformUse the Platform to store or transmit illegal or defamatory materialInterfere with or disrupt the integrity or performance of the PlatformAttempt to gain unauthorized access to the Platform or its related systems7. Client Data and Privacy
7.1 Data Ownership
The Client maintains all rights, titles, and interests in their dataFrust may use aggregated and anonymized data about cloud resource usage patterns to improve its services and algorithmsFrust will access Client data only as necessary to provide the ServicesFrust will not perform actions or analysis on data that clients have stored in their databases, source code, repositories, containers, or any other information contained within their servers or instances. Frust's access is limited exclusively to metadata about cloud resources used (such as instance types, configurations, consumption patterns) and in no case to data stored or processed in such resources7.2 Data Security
Frust will implement reasonable technical and organizational measures to protect Client data, including:
Encryption of sensitive dataRole-based access controlsContinuous security monitoringCompliance with industry security standards7.3 Privacy Policy
The use of personal data is governed by our Privacy Policy, available www.frust.co/privacy
8. Intellectual Property
8.1 Frust's Rights
All rights, titles, and interests in the Platform, including copyrights, patents, trade secrets, and other intellectual property rights, are and will remain the exclusive property of Frust.
8.2 Feedback
Any suggestions, ideas, improvements, or comments provided by the Client related to the Services ("Feedback") becomes the property of Frust without any obligation for compensation.
9. Term and Termination
9.1 Term
This Agreement will begin on the date the Client accepts these Terms and will continue until terminated in accordance with this section.
9.2 Termination for Convenience
The Client may terminate this Agreement with 30 days prior written notice, subject to additional restrictions in the agreed financial commitments.
9.3 Termination for Cause
The Client may terminate this Agreement with 30 days prior written notice, subject to additional restrictions in the agreed financial commitments.
Materially breaches this Agreement and does not remedy such breach within 30 daysDeclares bankruptcy or insolvencyCeases its business operations9.4 Effects of Termination
Upon termination:
All license rights granted to the Client will terminateThe Client will pay all outstanding feesFinancial obligations related to commitments will remain in effect according to the agreed termsFrust may delete Client data after 30 days10. Garantías y Renuncias
10.1 Frust's Warranties
Frust warrants that:
The Services will be provided in a professional manner and in accordance with industry standardsThe Platform will function substantially in accordance with the applicable documentation10.2 Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET FORTH HEREIN, FRUST DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES IT GUARANTEE ANY SPECIFIC LEVEL OF SAVINGS OR PERFORMANCE.
10.3 Projected Savings
Projected savings are estimates based on historical data analysis and do not constitute a guarantee of future results. Actual performance may vary depending on multiple factors, including changes in cloud resource usage patterns and modifications in providers' pricing policies.
11. Limitation of Liability
11.1 Exclusion of Consequential Damages
NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
11.2 Monetary Limitation
FRUST'S TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT PAID BY THE CLIENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
12. Indemnification
The Client will indemnify Frust against any claims, demands, judgments, or proceedings made by a third party due to:
Violation of these Terms by the ClientClient data that infringes intellectual property rights or privacyMisuse of the Services13. Confidentiality
Each party will maintain the confidentiality of the other party's confidential information and will not use or disclose it except as permitted in this Agreement or with written consent.
14. General Provisions
14.1 Applicable Law
This Agreement will be governed by and construed in accordance with the laws of Chile, without giving effect to any principles of conflict of laws.
14.2 Dispute Resolution
Any dispute arising from this Agreement will be resolved through binding arbitration in accordance with the rules of the Santiago Arbitration and Mediation Center.
14.3 Force Majeure
Neither party will be liable for non-compliance due to events beyond its reasonable control.
14.4 Relationship of the Parties
Nothing in this Agreement will create a partnership, joint venture, agency, or employment relationship between the parties.
14.5 Assignment
The Client may not assign this Agreement without Frust's prior written consent.
14.6 Severability
If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.
14.7 Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements related to its subject matter.
14.8 Modifications
Frust reserves the right to modify these Terms at any time. Modifications will take effect 30 days after their publication.
