Last updated: September 28, 2024
Welcome to Springtail, Inc. ("Springtail," "we," "us," "our"). By accessing or using our offerings (the "Service"), you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.
Springtail provides a cloud-based database service designed to enhance the performance and scalability of PostgreSQL databases. The Service includes database hosting, management, and associated tools and documentation.
You must be at least 18 years old and capable of entering into a legally binding agreement to use our Service. By using the Service, you represent and warrant that you have the full power and authority to enter into and perform under these Terms, and that doing so does not violate any other agreement to which you are a party. If you are entering into these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.
To use the Service, you must register for an account. 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. You are responsible for safeguarding your account credentials and for any activities or actions under your account.
You may use the Service only in accordance with these Terms and all applicable laws, rules, and regulations.
You agree not to:
You retain all rights to the data you upload to the Service. We claim no ownership over your data.
We are committed to protecting your privacy. Our Privacy Policy explains how we collect, use, and protect your information.
Information that we collect is stored and processed in the United States, and we generally retain information as long as we have an ongoing legitimate business need to do so. Our Privacy Policy explains how we store and retain your information.
You agree to pay all applicable fees related to your use of the Service, as specified in your Order Form.
Payments are due on a monthly or annual basis as specified in your Order Form. All fees are non-refundable except as required by law.
You are responsible for any applicable taxes, including but not limited to sales, use, value-added, or other taxes, duties, or fees imposed by any governmental authority related to your use of the Service. Springtail will invoice you for such taxes if required by law, and you agree to pay them unless you provide a valid tax exemption certificate authorized by the appropriate taxing authority. All amounts payable by you under these Terms are exclusive of applicable taxes.
If your payment is 30 days or more overdue, we reserve the right to suspend your access to the Service until the overdue amount is paid in full. We will notify you prior to any such suspension, and your account will remain suspended until the payment issue is resolved.
By providing a recurring payment method, you authorize Springtail to automatically charge your recurring payment method on the same date of each month (or the closest prior date if the month is shorter) for any fees you owe during your Subscription Term. This authorization will remain in effect until the Subscription Term ends or until you cancel your subscription in accordance with these Terms.
We reserve the right to modify or discontinue the Service (or any part thereof) at any time, temporarily or permanently, with or without notice. We will not be liable to you or any third-party for any modification, suspension, or discontinuation of the Service.
We may suspend or terminate your account or access to the Service at our sole discretion, with or without cause, with or without notice, effective immediately. Upon termination, your right to use the Service will immediately cease.
Springtail and its licensors retain all rights, title, and interest in and to the Service, including all intellectual property rights. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries.
You may not:
Any feedback, comments, or suggestions you may provide regarding Springtail or the Service is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit without any obligation to you.
You agree to keep confidential all non-public information, trade secrets, and proprietary information of Springtail disclosed to you during the term of this Agreement and for a period of three (3) years thereafter.
We are dedicated to protecting your personal information and take reasonable physical, technical, and organizational measures to prevent unauthorized access, use, or disclosure of your data. However, no method of transmission over the Internet or electronic storage is completely secure. Therefore, we cannot guarantee its absolute security. See our Privacy Policy for more information about data security.
By using our Service, you grant Springtail permission to use and display your name, logo, and a description of how you use the Service on our website and in other marketing materials. Springtail agrees to adhere to any usage guidelines that you provide.
Springtail offers support to Users through technical documentation and email communications. We aim to respond to all inquiries within a reasonable timeframe. However, we do not guarantee specific response times or resolutions.
Springtail may use aggregated, anonymized data derived from the operation and use of the Service for purposes of analytics, improving the Service, and other business purposes. This aggregated data will not identify any individual or entity and does not constitute personal data.
You are responsible for complying with all applicable laws and regulations in connection with your use of the Service.
You must provide accurate and complete account information and promptly update this information as necessary.
You are responsible for maintaining the security of your account and any activities or actions taken under your account. You agree to notify us immediately of any unauthorized use of your account.
You are responsible for the integrity, legality, and ownership of the data you upload to the Service. You must ensure that your data does not violate any laws or rights of third-parties.
You must not misuse the Service by interfering with its normal operation or attempting to access it using a method other than through the interfaces and instructions we provide.
The Service is provided on an "as is" and "as available" basis. Springtail disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Springtail makes no warranty that:
You agree to indemnify, defend, and hold harmless Springtail, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees) arising from:
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
These Terms shall be governed by and construed in accordance with the laws of California, without regard to its conflict of law principles. California law shall apply in any dispute.
We reserve the right to change these Terms at any time. We will notify you of changes via email and by posting the new Terms on our website. Your continued use of the Service following the posting of changes constitutes your acceptance of such changes.
You may not assign or transfer these Terms, by operation of law or otherwise, without Springtail’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Springtail may freely assign or transfer these Terms without restriction.
Springtail shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Springtail’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
These Terms constitute the entire agreement between you and Springtail regarding the use of the Service and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Springtail regarding the Service.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
Springtail reserves the right to amend these Terms at any time. Any amendments will be effective upon posting the revised Terms on the Website. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes. No waiver of any term or condition of these Terms shall be a further or continuing waiver of such term or condition or any other term or condition.
Springtail may respond to lawful requests, such as subpoenas or court orders, and will notify you where legally permissible.
Springtail may use subcontractors to fulfill its obligations under these Terms. Springtail remains responsible for any subcontractor’s performance.
The relationship between you and Springtail is solely that of independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.
You agree to comply with all applicable export control and economic sanctions laws and regulations, including those administered by the U.S. Department of Commerce, the U.S. Department of Treasury's Office of Foreign Assets Control, and any other applicable governmental authority. You represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.
Any disputes arising out of or relating to these Terms or the use of the Service shall be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiations, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in San Francisco, California and the decision of the arbitrator shall be final and binding on both parties. Each party shall bear its own costs and expenses of the arbitration, and the arbitrator’s fees shall be divided equally between the parties.
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