1.1. "SQL Explorer," "we," "us," or "our" refers to SQL Explorer, Inc, a Delaware corporation, providing the SQL Explorer software as a service ("Service").
1.2. "User," "you," or "your" refers to any individual or entity accessing or using the Service.
1.3. These Terms and Conditions ("Terms") constitute a legally binding agreement between SQL Explorer and the User governing access to and use of the Service.
1.4. By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.
2. User Accounts and Registration2.1. To access the Service, each individual User must create a separate account and agree to these Terms.
2.2. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
2.3. You are solely responsible for safeguarding your account credentials and for all activities that occur under your account.
2.4. Sharing of accounts is expressly prohibited. Each account must correspond to a single human user.
2.5. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
3. Subscription and Payment Terms3.1. The Service is provided on a subscription basis at a fee of $29 per user per month ("Subscription Fee").
3.2. All payments shall be processed automatically through our designated payment processor, Stripe.
3.3. You agree to pay all applicable Subscription Fees and authorize us to charge your chosen payment method on a recurring monthly basis.
3.4. All Subscription Fees are non-refundable except as expressly provided in Section 4 of these Terms.
3.5. We reserve the right to change the Subscription Fee upon thirty (30) days' notice to you. Your continued use of the Service after such notice constitutes acceptance of the new Subscription Fee.
4. Service Availability and Uptime Guarantee4.1. We shall use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for planned maintenance.
4.2. We guarantee 99% uptime per calendar month ("Uptime Guarantee"). Uptime is calculated based on the total number of minutes the Service is available during a calendar month divided by the total number of minutes in that month.
4.3. If we fail to meet the Uptime Guarantee in a given month, as your sole and exclusive remedy, we will provide a credit equal to the Subscription Fee for that month. To receive this credit, you must request it by contacting our support team within 30 days of the end of the month in which we failed to meet the Uptime Guarantee.
5. Data Handling and Privacy5.1. We do not store or retain any data retrieved via SQL queries executed through the Service.
5.2. We may retain SQL queries and AI assistant requests solely for the purposes of improving our Service and training our models. Any retained queries or requests will be anonymized and scrubbed to remove any potential personally identifiable information (PII).
5.3. Our collection, use, and disclosure of personal information in connection with the Service is governed by our Privacy Policy, which is incorporated by reference into these Terms.
5.4. You acknowledge and agree that you are solely responsible for compliance with all applicable data protection laws in relation to any data you access or process using the Service.
6. Acceptable Use Policy6.1. You agree to use the Service only for lawful purposes and in accordance with these Terms.
6.2. You shall not:
7.1. We reserve the right, in our sole discretion, to suspend or terminate your access to the Service, without notice, for any reason, including but not limited to:
7.2. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
8. Modifications to the Service or Terms8.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes to these Terms by sending an email to the primary email address associated with your account at least seven (7) days prior to the change taking effect.
8.2. We may modify, suspend, or discontinue the Service (or any part or feature thereof) at any time with or without notice. We will endeavor to provide reasonable notice of any material changes to the Service.
8.3. Your continued use of the Service following the posting of any changes to these Terms or notice of changes to the Service constitutes acceptance of those changes.
9. Support and Maintenance9.1. We provide support for the Service via email only. Our support email address is support@sqlexplorer.io.
9.2. We will use commercially reasonable efforts to respond to support inquiries within 24 hours of receipt. We guarantee a response to all support inquiries within 72 hours of receipt.
9.3. Support is limited to technical issues related to the use of the Service and does not include assistance with SQL queries or data analysis.
10. Limitation of Liability10.1. To the maximum extent permitted by applicable law, in no event shall SQL Explorer, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service.
10.2. Notwithstanding anything to the contrary in these Terms, our aggregate liability to you for any and all claims arising out of or relating to these Terms or your use of the Service shall not exceed the amount paid by you to SQL Explorer for the Service in the twelve (12) months preceding the event giving rise to the liability.
10.3. The limitations of damages set forth above are fundamental elements of the basis of the bargain between SQL Explorer and you.
11. Intellectual Property Rights11.1. The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by SQL Explorer, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
11.2. These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:
11.3. You must not:
11.4. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by SQL Explorer.
12. Indemnification12.1. You agree to defend, indemnify, and hold harmless SQL Explorer, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, any use of the Service's content, services, and products other than as expressly authorized in these Terms.
13. Governing Law and Jurisdiction13.1. These Terms and any dispute or claim arising out of or related to them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule.
13.2. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
14. Arbitration14.1. At SQL Explorer's sole discretion, it may require you to submit any disputes arising from these Terms or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.
15. Waiver and Severability15.1. No waiver by SQL Explorer of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SQL Explorer to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
15.2. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
16. Entire Agreement16.1. These Terms, our Privacy Policy, and any other legal notices published by us on the Service, shall constitute the entire agreement between you and SQL Explorer concerning the Service.
16.2. These Terms supersede and replace any prior agreements we might have had between us regarding the Service.
By using the SQL Explorer Service, you acknowledge that you have read and understood these Terms and Conditions, and agree to be bound by them.
Last Updated: September 13, 2024