Terms and Conditions

1. Provider and agreement

CloudTally is provided by Agapios sp. z o.o., Milenijna 43/2, 03-130 Warszawa, Poland, KRS 0001041436, VAT ID PL5242975067 (CloudTally, we or us).

These Terms govern use of the CloudTally service (Service) by the business, organisation or individual using it (Customer). A person using the Service for the Customer is a User.

By creating an organisation, using the Service or buying a subscription, the Customer accepts these Terms. A User accepting them for an organisation confirms that they may act for it.

Paid subscriptions are available only to businesses, and billing details must identify a business. The Free plan may also be used by private individuals. If you use the Free plan as a consumer, mandatory consumer protection law applies to you and nothing in these Terms limits those rights. Sections 10 and 12 apply to consumers only as far as the law allows, and a consumer may bring a dispute before the courts of their own residence. A consumer may withdraw from the Free plan within 14 days of registration by emailing [email protected]; because the plan is free, withdrawal has no financial effect.

2. Service

CloudTally retrieves data from Customer-authorised Hetzner Cloud projects and provides cost monitoring, budgets, forecasts and optimisation recommendations. It does not modify the Customer's infrastructure.

The Service depends on Hetzner and other providers. Their outages, delays or data may affect CloudTally. Unless separately agreed in writing, the Service has no service-level agreement.

CloudTally provides information to support the Customer's decisions. The Customer remains responsible for its infrastructure, security, cloud costs and decisions made using the Service.

The Service requires internet access and a current browser with JavaScript and essential cookies enabled. The Customer is responsible for compatible equipment, connectivity, email access and any required Hetzner Cloud credentials.

3. Accounts and acceptable use

The Customer must provide accurate account and billing information, authorise its Users and protect their access. It is responsible for activity in its organisation except to the extent caused by CloudTally.

The Customer and its Users must not:

• use the Service unlawfully or infringe another person's rights;
• access another customer's account or data;
• bypass security or plan limits;
• introduce malicious code or disrupt the Service;
• test the Service's security without written permission;
• reverse engineer the Service where the law permits that restriction; or
• resell the Service without written permission.

Sanctions. The Customer confirms that it is not subject to sanctions of the European Union, the United Nations or Poland. The Excluded Areas are Russia, Belarus, North Korea, Iran, Syria, Crimea, Sevastopol and the Donetsk, Luhansk, Kherson and Zaporizhzhia regions of Ukraine. The Customer also confirms that it is not established, located or resident in the Excluded Areas. Both confirmations also cover its Users and any person owning 50% or more of the Customer or controlling it. The Customer must not give access to the Service to a sanctioned person or to anyone in the Excluded Areas, and must not use the Service for their benefit. It must tell CloudTally promptly if any of this stops being true.

Suspected unauthorised access must be reported promptly to [email protected].

The Customer will indemnify CloudTally against third-party claims arising from unlawful use of the Service or misuse of cloud credentials by the Customer or its Users, to the extent caused by that conduct.

4. Plans, trials and prices

Current plans, features, limits and prices are published on the Pricing page. CloudTally may enforce the limits of the Customer's current plan.

The price and billing interval agreed when a paid subscription starts are those shown in the order summary, together with applicable VAT.

Any trial terms are shown when the trial is offered. Unless the Customer starts a paid subscription, the organisation moves to the Free plan when the trial ends. Trial expiry and plan downgrades do not delete Customer Data.

5. Customer Data and cloud credentials

The Customer retains its rights in data supplied to the Service or retrieved from its Hetzner Cloud projects (Customer Data).

The Customer authorises CloudTally to access, store and process Customer Data only as needed to provide, secure and support the Service, comply with law and enforce these Terms.

The Customer must supply only project-scoped, read-only Hetzner Cloud credentials that are dedicated to CloudTally and not shared with any other service, and must protect, rotate and revoke them when appropriate. Removing a connection stops further synchronisation and removes its stored token material.

6. Billing, renewal and cancellation

Prices are stated in euros and exclude VAT unless the order summary says otherwise. The Customer must provide accurate billing and VAT information and authorises CloudTally and its payment provider to collect each amount due.

Monthly and annual subscriptions renew automatically for the same billing period until cancelled. Cancellation takes effect at the end of the current paid period, after which the organisation moves to the Free plan.

A price change does not affect a prepaid period. It applies from a later renewal after 30 days' advance notice. The Customer may cancel before that renewal.

Paid periods are non-refundable except as stated in these Terms or required by law. Changing billing interval or cancelling before the end of a paid period does not itself create a right to a partial refund.

If payment is overdue, CloudTally may retry collection, suspend access and eventually move the organisation to the Free plan. A chargeback or reversed payment may result in immediate suspension.

7. Suspension and termination

CloudTally may suspend access where payment is overdue, an account or credential may be compromised, these Terms or law are breached, or use threatens the Service or another person. Where reasonably possible, CloudTally will give notice and an opportunity to remedy the problem.

Either party may terminate for a material breach not remedied within 14 days after notice. CloudTally may terminate a Free account on 30 days' notice.

CloudTally may suspend access or terminate the agreement immediately, without a remedy period, if the Customer's sanctions confirmation in section 3 is or becomes untrue, or if continuing would breach sanctions law. Prepaid fees are then not refunded, except where the law requires otherwise.

If CloudTally discontinues the paid Service without Customer breach, it will refund unused prepaid fees pro rata.

Cancellation or termination may end access but does not by itself erase all stored data. An organisation submitted for deletion remains recoverable for 30 days and is then permanently deleted, subject to legal retention and backup expiry.

CloudTally may retain billing, security and legal records where required by law or needed for legal claims.

8. Intellectual property and confidentiality

CloudTally and its licensors own the Service. These Terms grant the Customer only the right to use it during the agreement.

Each party must protect the other's non-public business information, use it only for the agreement and disclose it only where needed to perform the agreement or required by law.

9. Privacy and security

CloudTally processes account, billing, security and marketing personal data as controller, as described in the Privacy Policy. Where CloudTally processes personal data in Customer Data on the Customer's behalf, the Data Processing Agreement applies.

CloudTally will use reasonable technical and organisational measures to protect the Service and Customer Data. No internet service is completely secure.

10. Warranties and liability

CloudTally will provide the Service with reasonable care and skill. Subject to rights that cannot lawfully be excluded, the Service is otherwise provided as available and without a guarantee that it will be uninterrupted or error-free.

Costs, forecasts and recommendations may be delayed or inaccurate and are not financial, tax, accounting or infrastructure-management advice. The Customer must verify them before acting.

Neither party is liable for indirect or consequential loss, or loss of profit, revenue, savings, goodwill or business opportunity, to the extent permitted by law.

CloudTally's total liability arising from the Service will not exceed the greater of EUR 500 and the fees paid by the Customer during the 12 months before the event giving rise to the claim. Nothing excludes liability for damage caused intentionally or any liability that cannot lawfully be excluded or limited.

11. Changes

CloudTally may change the Service and these Terms for product, operational, security or legal reasons. Materially adverse changes take effect after 30 days' notice. Changes needed urgently for security or law may take effect sooner.

A material reduction of paid core functionality during a prepaid period entitles the Customer to terminate and receive a pro-rated refund of unused prepaid fees.

12. General

Neither party is liable for delay caused by events outside its reasonable control, except for payment already due.

The Customer may not assign the agreement without CloudTally's written consent. CloudTally may assign it to a successor in connection with a merger, reorganisation or sale of all or substantially all of the relevant business.

If part of these Terms is unenforceable, the rest remains effective. These Terms, the DPA where applicable, and the accepted order form the entire agreement for the Service.

These Terms are written in English. If a translation conflicts with the English version, the English version prevails.

Complaints may be sent to [email protected] with the Customer's account email, a description of the issue and the requested resolution. CloudTally will respond within 14 days after receiving the complaint.

The agreement is governed by Polish law. Disputes are subject to the court having jurisdiction over CloudTally's registered office.

Questions and legal notices may be sent to [email protected].