These Terms of Service ("Terms") constitute a legal agreement between you ("you," "Customer," "User") and Frostbase Technologies S.A.C. ("Frostbase," "we," "us," "our") governing your use of our websites, applications, APIs, and services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Definitions

• Account: Your registered user account for the Services.
• Customer Data: All data, content, and information you upload, submit, or generate using the Services.
• Subscription: The paid plan you select for Sentinel or Cloud Hosting.
• Free Plan: The no-cost tier with limited features, subject to separate terms below.
• Documentation: Online user guides, API references, and FAQs published by Frostbase.

2. Eligibility & Account Registration

1. Eligibility: You must be at least 18 years old and capable of forming binding contracts.
2. Registration: You agree to provide accurate, current, and complete information when creating an Account. You are responsible for safeguarding your credentials and all activities under your Account.
3. Account Security: Notify us immediately of any unauthorized use. Frostbase is not liable for losses due to compromised credentials.

3. Services & Subscription

1. Provisioning: Upon registration or subscription, Frostbase will provision the Services as described in the Documentation.
2. Free Plan: Limited to one host, basic metrics, and seven days of data retention. Frostbase reserves the right to modify, suspend, or discontinue the Free Plan without notice.
3. Paid Plans: Defined in your Subscription details (Free, Basic, Pro, Enterprise). Fees, billing cycles, and overage charges are set forth in your account and invoice.
4. Modifications: We may enhance or alter Service features; substantial changes affecting pricing or core functionality will be communicated at least 30 days in advance.

4. Fees & Payment

1. Billing: Fees are billed monthly or annually in advance, based on your selected billing cycle.
2. Payment Methods: Credit card, debit card, or other methods supported by Frostbase's payment processor.
3. Automatic Renewal: Subscriptions auto-renew until canceled; you must cancel at least 5 days before renewal to avoid billing.
4. Refunds: Except as expressly provided, all fees are non‑refundable. Pro-rated refunds may be available at our sole discretion.
5. Late Payments: Overdue amounts may incur interest at 1.5% per month or the maximum permitted by law.

5. Acceptable Use

You agree not to:

• Use the Services for any unlawful or harmful purpose.
• Attempt to gain unauthorized access to our systems or other users' data.
• Transmit malicious code, spam, or conduct phishing.
• Interfere with Service performance or security features.
• Use brute-force methods or automated scripts beyond documented API rate limits.

Breaches may result in account suspension or termination at Frostbase's discretion.

6. Customer Data & Privacy

1. Ownership: You retain ownership of all Customer Data.
2. License: You grant Frostbase a non-exclusive license to use, store, and process Customer Data solely to provide the Services.
3. Privacy: Handling of your data is governed by our Privacy Policy.

7. Confidentiality

1. Definition: "Confidential Information" includes non-public business or technical information disclosed by one party to the other.
2. Obligations: Each party agrees to protect Confidential Information with at least the same degree of care as its own confidential information, and not to use or disclose it except as permitted.

8. Warranties & Disclaimers

1. Warranties: Frostbase warrants that the Services will substantially conform to the Documentation under normal use.
2. Disclaimers: Except as expressly stated, the Services are provided "AS IS" without any other warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.

9. Limitation of Liability

To the maximum extent permitted by law, Frostbase's aggregate liability to you for any damages arising out of these Terms or the Services will not exceed the total fees paid by you in the twelve months preceding the claim. In no event will Frostbase be liable for any indirect, incidental, special, punitive, or consequential damages.

10. Termination

1. By You: You may cancel your Subscription at any time via the account portal; cancellation takes effect at the end of the current billing period.
2. By Frostbase: We may suspend or terminate your access for violation of these Terms, non-payment, or if required by law. We will provide notice unless prohibited.
3. Effect of Termination: Upon termination, your right to use the Services ends. Frostbase may delete your Customer Data after 30 days, subject to Data Retention policies.

11. Governing Law & Dispute Resolution

These Terms are governed by the laws of Peru, excluding conflict-of-law rules. Any dispute will be resolved by binding arbitration in Lima, Peru, under the rules of the Peruvian Arbitration Center. Judgment on the award may be entered in any court of competent jurisdiction.

12. Miscellaneous

1. Entire Agreement: These Terms, together with the Privacy Policy and Documentation, constitute the entire agreement.
2. Amendments: We may update these Terms; we will post changes with a new "Last updated" date and notify you by email or in-app banner. Continued use constitutes acceptance.
3. Severability: If any provision is held invalid, the remainder will remain in effect.
4. Waiver: Failure to enforce any right is not a waiver of that right.

Contact:
[email protected] | +51 904 016 714

Thank you for choosing Frostbase.