# Terms and Conditions - DBRefinery **Last Updated:** [Insert Date] ## 1. Acceptance of Terms By accessing or using DBRefinery ("the Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not use the Service. ## 2. Description of Service DBRefinery is a Software-as-a-Service (SaaS) platform that provides database optimization, management, and analytics tools. The Service is provided on a subscription basis with various pricing tiers. ## 3. User Accounts and Registration ### 3.1 Account Creation - You must provide accurate, complete, and current information during registration - You are responsible for maintaining the confidentiality of your account credentials - You must be at least 18 years old or have parental consent to use the Service - One person or legal entity may not maintain more than one free account ### 3.2 Account Security - You are solely responsible for all activities under your account - You must immediately notify us of any unauthorized access or security breaches - We reserve the right to suspend or terminate accounts that violate these Terms ## 4. Acceptable Use Policy ### 4.1 Permitted Use You may use DBRefinery only for lawful purposes and in accordance with these Terms. ### 4.2 Prohibited Activities You may not: - Use the Service for illegal activities or to violate any laws - Attempt to gain unauthorized access to our systems or other users' data - Upload malicious code, viruses, or harmful content - Reverse engineer, decompile, or disassemble the Service - Use automated systems to access the Service without permission - Resell, redistribute, or sublicense the Service without authorization - Store or process data that violates applicable privacy laws - Use the Service to compete directly with DBRefinery - Overload or attempt to disable our servers or infrastructure ## 5. Data and Privacy ### 5.1 Your Data - You retain all rights to your data uploaded to or processed by the Service - You are responsible for ensuring you have the right to upload and process your data - You must comply with all applicable data protection laws (GDPR, CCPA, etc.) ### 5.2 Our Data Usage - We may access your data only to provide the Service, provide support, or as required by law - We implement industry-standard security measures to protect your data - We do not sell or share your data with third parties except as outlined in our Privacy Policy ### 5.3 Data Backup and Loss - While we maintain regular backups, you are responsible for maintaining your own data backups - We are not liable for data loss except in cases of gross negligence ## 6. Subscription and Payment Terms ### 6.1 Subscription Plans - Various subscription tiers are available with different features and usage limits - Subscription fees are billed in advance on a monthly or annual basis - All fees are non-refundable except as required by law ### 6.2 Payment Processing - Payments are processed by third-party payment processors - You authorize automatic billing to your chosen payment method - Failed payments may result in service suspension after reasonable notice ### 6.3 Price Changes - We may change subscription prices with 30 days' notice - Price changes will not affect your current billing cycle - Continued use after price changes constitutes acceptance ## 7. Service Level and Availability ### 7.1 Service Availability - We strive for 99.9% uptime but do not guarantee uninterrupted service - Scheduled maintenance will be announced in advance when possible - We are not liable for downtime due to circumstances beyond our control ### 7.2 Usage Limits - Each subscription tier has specific usage limits (storage, queries, users, etc.) - Exceeding limits may result in service throttling or upgrade requirements - We will provide reasonable notice before enforcing usage limits ## 8. Intellectual Property Rights ### 8.1 Our Rights - DBRefinery and all related trademarks, logos, and intellectual property are owned by us - The Service's software, algorithms, and documentation are protected by copyright and other laws - You receive only a limited, non-exclusive license to use the Service ### 8.2 Your Rights - You retain ownership of all data and content you upload to the Service - By using the Service, you grant us a license to process your data solely to provide the Service ## 9. Limitation of Liability ### 9.1 Disclaimer of Warranties THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ### 9.2 Limitation of Damages TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR: - INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES - LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES - DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA - DAMAGES RESULTING FROM THIRD-PARTY CONDUCT OR CONTENT ### 9.3 Maximum Liability Our total liability for any claims arising from your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim. ## 10. Indemnification You agree to indemnify, defend, and hold us harmless from any claims, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from: - Your use of the Service - Your violation of these Terms - Your violation of any third-party rights - Your data or content uploaded to the Service ## 11. Termination ### 11.1 Termination by You - You may cancel your subscription at any time through your account settings - Cancellation takes effect at the end of your current billing period - No refunds will be provided for unused portions of your subscription ### 11.2 Termination by Us We may suspend or terminate your account immediately if you: - Violate these Terms or our Acceptable Use Policy - Fail to pay subscription fees after reasonable notice - Engage in fraudulent or illegal activities - Pose a security risk to the Service or other users ### 11.3 Effect of Termination - Upon termination, your access to the Service will cease - You may download your data for 30 days after termination - We may delete your data after the 30-day period - Provisions regarding liability, indemnification, and dispute resolution survive termination ## 12. Dispute Resolution ### 12.1 Governing Law These Terms are governed by the laws of [Your Jurisdiction] without regard to conflict of law principles. ### 12.2 Arbitration Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in [Your Jurisdiction] rather than in court, except for injunctive relief. ### 12.3 Class Action Waiver You agree not to participate in class action lawsuits or class arbitrations related to the Service. ## 13. General Provisions ### 13.1 Changes to Terms - We may update these Terms at any time with reasonable notice - Continued use of the Service after changes constitutes acceptance - Material changes will be highlighted and may require explicit acceptance ### 13.2 Severability If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect. ### 13.3 Entire Agreement These Terms, along with our Privacy Policy and any other referenced policies, constitute the entire agreement between you and DBRefinery. ### 13.4 Assignment We may assign these Terms or any rights hereunder without your consent. You may not assign your rights without our written consent. ### 13.5 Force Majeure We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including natural disasters, wars, terrorism, or government actions. ## 14. Contact Information For questions about these Terms, please contact us at: - Email: hello@dbrefinery.com --- **By using DBRefinery, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.**