By accessing the EverSQL’s website at https://www.eversql.com, you (“You” or “Customer”) are agreeing to be bound by these terms of service (these “Terms” or this “Agreement”) , all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in EverSQL’s website are protected by applicable copyright and trademark law.
2. Use License
- Permission is granted to temporarily access (information or software) on EverSQL's website for Your own personal non-commercial transitory use. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on EverSQL's website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- use the service as a service provider to third parties.
- use the service to support many different clients.
- use the service as part of consulting services or any scope of work which involves another party who requires the information provided by EverSQL.
- use the service in any harmful and/or illegal and/or any other use EverSQL deems inappropriate.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by EverSQL at any time and You will not be entitled to any refund in such case. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The software and materials on EverSQL's website are provided on an 'as is' basis. EverSQL makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- Further, EverSQL does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the provided software or materials on its website or otherwise relating to such materials or on any sites linked to this site.
- It is hereby understood and agreed to that You attest and confirm that using and relying on the Service including any evaluations of a Your website's performance is at Your own responsibility. Your use of the Service is intended solely for general knowledge and personal review and does not replace any professional assistance, and You will have no claims against EverSQL and/or anyone on EverSQL’s behalf in case of any damage which may occur resulting from any reliance on such information You were exposed to during Your use of the Service.
- EverSQL cannot warrant that Your use of the Service will reach any of Your desired results including any improvement in Your website’s performance, therefore EverSQL will not be liable under no circumstances to any damage and/or loss resulting from Your reliance on the Service and EverSQL may not be considered as an entity which warranted any profit and/or website improvement resulting from Your use of the Service.
- Some of the Services of EverSQL rely on availability of third-party services not controlled by EverSQL (e.g. Jira, Google Cloud and other services which EverSQL's services integrate with), and therefore EverSQL will have no liability for any damage resulting from any technical issues with such services including, but not only, damages resulting from unavailability and/or inactivity of such third party services.
In no event shall EverSQL or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the software or any information or material provided by EverSQL, even if EverSQL or a EverSQL authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Intellectual Property Rights; License.
- Our Intellectual Property. The Service and Sites, inclusive of materials, such as software, application programming interface, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks (excluding all data, information and other materials belonging to Customer and/or provided by Customer (“Customer Data”), any and all related or underlying technology and any modifications, enhancements or derivative works of the foregoing (collectively, "EverSQL Materials"), are the property of EverSQL and its licensors, and may be protected by applicable copyright or other intellectual property laws and treaties. As between you and EverSQL, EverSQL retains all right, title and interest, including all intellectual property rights, in and to the EverSQL Materials.
- Customer Reference. Customer acknowledges and accepts that EverSQL has the right to use Customer's name and logo to identify Customer as a customer of EverSQL or User of the Service, on EverSQL's website, marketing materials or otherwise by public announcements. Customer may revoke such right, at any time, by contacting EverSQL.
- Your Access and Use Rights. Subject to the terms and conditions of these Terms, and your compliance thereof, and specifically in strict compliance with our Acceptable Use Policy, we grant you a limited, worldwide, non-exclusive, non-transferable right to access and use the Service and Sites, during the applicable Subscription Term, solely for Customer's internal purposes.
- Use Restrictions. Except as expressly permitted in these Terms, you may not, and shall not authorize an Authorized User or any third party to: (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, resell, display, transmit, broadcast, transfer or distribute any portion of the Service or the Sites to any third party, including, but not limited to your affiliates, or use the Service in any service bureau arrangement; (ii) circumvent, disable or otherwise interfere with security-related features of the Sites or Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service or Sites; (iii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of, the Service or Sites, or any components thereof; (iv) copy, modify, translate, patch, improve, alter, change or create any derivative works of the Service or Sites, or any part thereof; (v) take any action that imposes or may impose (at EverSQL's sole discretion) an unreasonable or disproportionately large load on the EverSQL infrastructure or infrastructure which supports the Sites or Service; (vi) interfere or attempt to interfere with the integrity or proper working of the Service or Sites, or any related activities; (vii) remove, deface, obscure, or alter EverSQL's or any third party's identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Service or Sites, or use or display logos of the Service or Sites without EverSQL's prior written approval; (viii) use the Service or Sites for competitive purposes, including to develop or enhance a competing service or product; or (ix) encourage or assist any third party (including other Authorized Users) to do any of the foregoing.
- Feedback. As a User of the Service and/or Sites, you may provide suggestions, comments, feature requests or other feedback to any of EverSQL Materials, the EverSQL Service, the API (in case you are the Admin) and/or the Sites ("Feedback"). Such Feedback is deemed an integral part of EverSQL Materials, and as such, it is the sole property of EverSQL without restrictions or limitations on use of any kind. EverSQL may either implement or reject such Feedback, without any restriction or obligation of any kind. You (i) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (ii) irrevocably assign to EverSQL any right, title and interest you may have in such Feedback; and (iii) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists' rights, or any other similar rights, worldwide, in or to such Feedback.
- API Use. We may offer an application programming interface that provides additional ways to access and use the Service ("API"). Such API is considered a part of the Service, and its use is subject to all these Terms. Without derogating from Sections 5.a through 5.d hereof, you may only access and use our API for Customer's internal business purposes, in order to create interoperability and integration between the Service and other products, services or systems you and/or Customer use internally. When using the API you should follow our relevant developer guidelines. We reserve the right at any time to modify or discontinue, temporarily or permanently, your and/or Customer's access to the API (or any part of it) with or without notice. The API is subject to changes and modifications, and you are solely responsible to ensure that your use of the API is compatible with the current version.
6. Accuracy of materials
The materials appearing on EverSQL website could include technical, typographical, or photographic errors. EverSQL does not warrant that any of the materials on its website are accurate, complete or current. EverSQL may make changes to the materials contained on its website at any time without notice. However EverSQL does not make any commitment to update the materials.
EverSQL has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by EverSQL of the site. Use of any such linked website is at the user's own risk.
EverSQL may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
9. Governing Law
These terms and conditions are governed by and constructed in accordance with the laws of Israel and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
10. Licensee Payment
Licensee shall pay the applicable non-refundable subscription fees specified in the Payments Schedule (“Subscription Fee”) for the Product, at such times and for such periods as set forth therein.
If not otherwise specified in the Payments Schedule, all fees shall be due and payable within thirty (30) days of the date of invoice. Late payment shall be subject to a late fee equal to 1.5% per month or, if less, the maximum amount allowed by applicable law. All amounts payable hereunder shall not be subject to any set-off or deduction. All fees are exclusive of any applicable taxes, duties and similar governmental charges, and Licensee is responsible for payment of all such amounts, including sales tax, value added tax (VAT), withholding taxes, export, import and other duties imposed by any governmental agency in connection with this Agreement.
Subscribing to the Service is subject to a fee according to the User’s choice as detailed in the website. EverSQL reserves its right to increase or decrease such fee and/or to change the available subscription plans at its sole discretion and without any prior notice. In case of a decrease of the subscription fees, the User will not be entitled to any refund and/or discount and/or any other benefit or deduction and the User shall not have any claims against EverSQL in such case.
Any subscription plan will be automatically renewed until canceled by the User, and in case of a decrease of the subscription fees, the User will not be entitled to any refund and/or discount and/or any other benefit or deduction and the User shall not have any claims against EverSQL in such case.
The User may pay via credit card or PayPal. It is clarified that EverSQL may change, at its sole discretion, the payment methods at any time at its sole discretion and without any prior notice or consent and You will not have any claims against EverSQL in such case.
It is clarified that should You pay via PayPal, such service is provided by a third party which is not controlled by EverSQL. Therefore, EverSQL shall not be liable for any faults and/or errors including any security issues resulting from such payment method as set forth above.
Should You not settle any payment of subscription fees, EverSQL may block Your access to your account without derogating from EverSQL’s right to collect any unpaid fees including via taking legal actions against such User.
You may cancel Your subscription by contacting EverSQL, and Your subscription will be canceled within a reasonable period from the day of such request. It is clarified that cancellation of a subscription plan will not void any due payments and You will not be entitled to any refund of any payments that were already paid. It is clarified that all subscription fees are non-refundable.
It is further clarified that EverSQL reserves its right at any time and at its sole discretion to change the subscription fees and the Services it provides and/or to add additional features to the Service and the User shall not have any claims against EverSQL in such case.
EverSQL reserves its rights to shut down the Service or any part thereof for any reason at any time at its sole discretion and You will not have any claims against EverSQL in such case, and You will not be entitled to any refund and/or payment deduction paid by You for the Services in such case.
The subscription is personal and non-transferrable.
11. Online Resellers
Our online order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our online orders. Paddle provides all customer service inquiries and handles returns.