Terms of Service

Read the OhChimp Terms of Service for subscriptions, account responsibilities, acceptable use, data access, and platform terms.

1. Acceptance of Terms

By accessing or using the OhChimp platform and related services (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms. If you do not agree, do not use the Service.

2. Description of Service

OhChimp is an AI-powered infrastructure cost optimization platform that analyzes your cloud infrastructure metadata, Kubernetes clusters, code repositories, and monitoring data to provide cost-saving recommendations, resource rightsizing suggestions, and infrastructure insights through natural language interactions and automated workflows.

3. Account Registration

To use the Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Subscription Plans and Payment

• The Service is offered through subscription plans (Starter, Growth, and Enterprise) with different feature sets and usage limits as described on our Pricing page.
• We don't currently offer a self-serve free trial. Contact us to arrange a demo before you subscribe.
• Subscription fees are billed monthly or annually in advance.
• Year-one ROI guarantee. If, after your first 12 months on a paid plan, the verified savings reported on the Costs tab of your OhChimp dashboard are less than the subscription fees you paid during that period, you may request a full refund of those subscription fees by contacting us within 30 days of the end of that 12-month period. "Subscription fees" means the recurring fees paid for your OhChimp plan during that period; the refund does not include any seat add-ons, overages, professional services, or third-party charges. The verified-savings totals shown on the Costs tab of your OhChimp dashboard are the sole source of truth for measuring the guarantee. The guarantee applies once per customer and assumes good-faith use of the platform's recommendations and reporting (including connecting your cloud accounts and acting on at least a reasonable share of the savings plans surfaced by OhChimp). Outside of this guarantee, fees are non-refundable except as required by law.
• Seat-based limits apply per plan. Adding seats beyond your plan limit may require a plan upgrade.
• We reserve the right to change pricing with 30 days' notice. Price changes take effect at the start of your next billing cycle.
• If payment fails, we may suspend access to the Service after a reasonable grace period and notice.

5. Your Data and Integrations

Data Ownership

You retain all rights to your data. We do not claim ownership of any infrastructure data, metadata, configurations, or other content you provide to or generate through the Service. We access your data solely to provide and improve the Service.

Integration Credentials

You are responsible for the credentials you provide to connect cloud providers, Kubernetes clusters, repositories, and monitoring tools. You must ensure that the credentials you provide grant only the minimum permissions necessary for the Service to function. We recommend using read-only access wherever possible.

Data Processing

By using the Service, you authorize us to access and analyze your infrastructure metadata through the integrations you configure. We process this data using AI systems, including third-party large language model providers, to generate recommendations. See our Privacy Policy for details.

6. Acceptable Use

You agree not to:

• Use the Service to violate any applicable law or regulation
• Attempt to gain unauthorized access to the Service or other users' accounts or data
• Reverse-engineer, decompile, or disassemble any part of the Service
• Use the Service to compete directly with OhChimp or to build a similar product
• Interfere with or disrupt the integrity or performance of the Service
• Exceed usage limits or circumvent access controls associated with your plan
• Share account credentials with unauthorized individuals or use the Service beyond your licensed seat count
• Use the Service to process, store, or transmit malware or malicious code

7. AI-Generated Recommendations

The Service provides AI-generated infrastructure recommendations and analysis. These recommendations are provided "as-is" and should be reviewed by qualified personnel before implementation. Except as expressly set forth in the year-one ROI guarantee clause in Section 4, OhChimp does not guarantee that following any recommendation will result in specific cost savings or performance improvements. You are solely responsible for any infrastructure changes you make based on the Service's recommendations.

8. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access to the Service. We may perform scheduled maintenance with reasonable notice. Enterprise plan customers may be eligible for Service Level Agreements (SLAs) with specific uptime commitments as defined in their order agreement.

9. Intellectual Property

The Service, including its software, design, features, and documentation, is owned by OhChimp and protected by intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Service for your internal business purposes during the subscription term.

10. Limitation of Liability

To the maximum extent permitted by law, OhChimp shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, arising from your use of or inability to use the Service. This includes, without limitation, damages resulting from infrastructure changes made based on the Service's recommendations.

Our total aggregate liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify and hold OhChimp harmless from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any third party's rights, including any claims arising from infrastructure changes you implement based on the Service's recommendations.

12. Termination

Either party may terminate the subscription at any time. Upon termination, your access to the Service will cease at the end of the current billing period. We will delete your data within 30 days of termination, except where retention is required by law. You may export your data before termination. We may terminate or suspend your access immediately if you violate these Terms.

13. Changes to Terms

We may update these Terms from time to time. We will provide at least 30 days' notice of material changes by email or through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree with the changes, you may terminate your subscription before the changes take effect.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

15. Contact

For questions about these Terms, contact us at legal@ohchimp.com.