Terms

Using the site, or requesting an assessment, means you agree to these terms for your business and that you have authority to do so. Nothing on this site is an offer, a promise of results, or a guarantee of any saving.

The assessment is a read-only review of your AWS, Google Cloud or Azure account. It gives you a written, dated list of fixes. Each fix names the resource, the change, and the monthly saving from your own current bill, with the evidence and a confidence level. You are not required to apply any fix. The list is yours to keep. We keep our own methods and tools.

The assessment is free from us. Cloud providers can bill per-request fees to your own account for the read calls the assessment makes. The AWS Cost Explorer API is one that bills per request. The checks of fixes you apply make read calls too. We do not pay or reimburse those charges.

Each saving on the list is our estimate from your current bill. It is not a guarantee that a saving will happen, continue, or match the figure. Actual savings depend on your usage, your provider's prices, and how and when you apply the fix. Each saving assumes that fix is applied on its own. The list marks fixes that overlap or depend on each other. If you think a figure is wrong, tell us in writing before you apply the fix. We may send a corrected, dated list.

• You create the read-only access in your own account. You confirm you have the authority to do so.
• You can remove the access at any time, including right after the assessment. There is no penalty.
• Do not send passwords, root credentials, keys or secrets through any form or message.
• Give us accurate information.
• Your team makes the changes, and you make every decision about them, unless we agree otherwise in writing. We do not buy cloud commitments for you.
• Test a change before you apply it to production.

We use the access only for the assessment and for the check of each fix you apply. We do not monitor your account between checks. After the last check we stop using the access, and we ask you to remove it. If you remove it sooner, you can share your invoice or cost report for each check instead. We do not ask for access to your account for a billing evidence request.

The access we ask you to create is read-only. It cannot change, create or delete your cloud resources. In Azure, you add the CloudLevy app to your tenant and give it a custom view-only role on the subscription you choose. No client secret or key is created in your account. To remove access, remove the role and the app. The role does not include invoices, so an Azure check can need an invoice or cost report that you share.

• The fee for a fix is 10% of that fix's confirmed annual saving. The confirmed annual saving is the monthly saving the check confirms, times 12. The fee is due once, after the check.
• If the check confirms less than the saving on your list, the fee is based on the smaller, confirmed figure. The fee is never based on more than the monthly saving on the list, so a bigger saving than stated does not raise it.
• The check happens once. If the saving later shrinks or ends, the fee does not change, and we do not give credits or refunds for that.
• It is not a share of your total bill, and it is not charged monthly. There is no retainer, subscription, minimum, baseline, usage adjustment or ongoing monitoring.
• If you do not apply a fix, or the check confirms no saving, there is no fee for that fix.
• A fee applies only to a fix on the list we delivered, and only if you apply it within 90 days after the date printed on the list, or within a different window that we agree with you in writing.
• A fix that is not on the list carries no fee. A different change to the same resource is not the listed fix unless we both agree in writing that it counts.
• Fees on fixes that overlap never total more than 10% of the confirmed annual saving of the cost they remove. A fix you have paid for on an earlier list is never charged again.
• Please tell us in writing when you apply a fix. A reply to any message we have sent you is enough. A listed fix applied in the window carries the fee even if you tell us late.
• Agreeing the terms costs nothing, and you do not commit to applying anything.

Example only. Invented numbers, not a result, a typical figure, or a promise. Say a list has four fixes. Fix 1 states a saving of $1,000 a month, you apply it, and the check confirms $1,000 a month. The confirmed annual saving is $12,000 and the fee is $1,200. Fix 2 also states $1,000 a month, you apply it, and the check confirms $600 a month. The confirmed annual saving is $7,200 and the fee is $720. Fix 3 you do not apply, and Fix 4 you apply but the check confirms no saving. Both carry no fee. The total is $1,920. This is arithmetic only. It is not an offer.

We check each fix you apply once, at your next invoice after the change. The check confirms the change was made and measures how much the cost line for that resource went down compared with the invoice before the change. That confirmed monthly saving, times 12, sets the fee. We read charges before credits. We run the check using figures from your own invoice, and we show you the figures we used. The written agreement says which invoice counts. We use the access if it is still in place, or an invoice or cost report that you share. Later growth or shrinkage in your usage does not change the fee. If the check confirms no saving, there is no fee for that fix.

For 12 months after you apply a fix, we may ask you in writing for billing evidence, such as invoices or cost reports, to confirm which listed fixes you applied and that the fee was right. Right means neither too high nor too low. You choose how to share the evidence, and you can remove anything unrelated to the question first. We do not ask for access to your account for this, and we do not use any access you gave us earlier. This is a request we may make, not monitoring, and it is not a second check: it does not re-measure a saving that the check already confirmed. It never adds a fee for a fix that is not on your list, and a bigger saving than stated never raises a fee. If it shows that a listed fix applied in the window was never reported, we may run the check on that evidence and invoice 10% of the confirmed annual saving, never based on more than the list stated. We handle the evidence as confidential and use it only for this purpose. This section continues after these terms end, for the 12 months that apply to each fix.

If the evidence shows a fee was wrong, we correct it. We correct our own billing errors, such as a wrong figure, a fee on a fix that is not on your list, or a double charge, whenever we find them. The written agreement says how a correction is made. If a saving later shrinks or reverses after the check, the fee does not change, and we do not give a credit or refund for that.

You can dispute a fee, or a request for billing evidence, in writing. We review the evidence with you and reply in writing. The written agreement sets out the steps if we still disagree. Any amount you do not dispute stays due on its due date.

We send one invoice per fix, or one for a group of fixes checked together, after the check. The written agreement states the due date and the terms for late payment.

We treat your cloud data, your fix list and your billing evidence as confidential. We use them only to provide the service and to confirm fees, and we share them only with service providers who help us do that, or where the law requires. This does not cover information that is public, that we already had, that we received from someone else without restriction, or that we developed on our own.

The site content belongs to CloudLevy or its licensors. Your fix list is yours to keep and use for your own cloud accounts. You may share it, in confidence, with your own staff and advisers, and with any managed service provider or other outside firm working for you on those accounts. Do not publish or resell it, or use it to serve other companies. A managed service provider or reseller may use your list only for your accounts, not for its other clients. AWS, Google Cloud, and Azure are trademarks of their respective owners. CloudLevy is not affiliated with or endorsed by Amazon Web Services, Google, or Microsoft.

Use the site and forms only for lawful, genuine requests. Do not scrape the site, send false or repeated submissions, try to get around our security, or paste credentials or secrets into a form.

THE SITE, THE ASSESSMENT AND THE FIX LIST ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT WARRANT THAT THEY ARE COMPLETE OR ERROR FREE, OR THAT ANY FIX WILL SAVE MONEY. TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU DECIDE WHICH CHANGES TO MAKE, AND YOU MAKE THEM AT YOUR OWN RISK.

TO THE FULLEST EXTENT THE LAW ALLOWS, CLOUDLEVY IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA. TO THE FULLEST EXTENT THE LAW ALLOWS, CLOUDLEVY'S TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SITE, THE ASSESSMENT, THE FIX LIST AND THE FEES IS LIMITED TO THE FEES YOU PAID TO CLOUDLEVY IN THE 12 MONTHS BEFORE THE CLAIM AROSE. These limits do not apply where the law does not allow them, or to fraud or willful misconduct. A correction of our own billing error under section 10 is not reduced by this section.

You will defend and cover CloudLevy against third-party claims that arise from your lack of authority to give us the access, or from instructions you gave us that break the law. We will defend and cover you against third-party claims that arise from our breach of section 13 or from our violation of the law in handling your data, subject to the limit in section 17 where the law allows it.

Either of us can end the relationship at any time by written notice. There is no minimum term. Ending does not cancel a fee for a listed fix you applied in the window before the end date. The billing evidence request, confidentiality, corrections, disputes and the limits on liability continue as they apply. When the relationship ends, we stop using your access and ask you to remove it.

Idaho law governs these terms, without regard to its conflict of laws rules. Disputes about the site or these terms that are not resolved through section 11 are for the state or federal courts located in Ada County, Idaho, and each of us agrees to those courts. Either of us may bring an individual claim in small claims court. A written agreement we make with you may contain its own dispute resolution terms, which may include arbitration, and those apply to that agreement.

We may update these terms by posting the new version with a new effective date. A change does not apply to a fix you have already applied. Neither of us may assign these terms without the other's consent, except that we may assign them as part of a sale of the CloudLevy business, or to a company that CloudLevy's owner forms or controls to run CloudLevy. We will tell you if we do, and the new party takes on our duties under these terms. These terms and the written agreement you accept are the whole agreement on this subject. If a part is unenforceable, the rest stays in force. Not enforcing a term is not a waiver of it. You can accept these terms and the written agreement electronically.

Use the form on our Contact page.