Terms of Service

The following terms and conditions govern all use of the pganalyze.com website and all content, services and products available at or through the website. The Website is owned and operated by Duboce Labs, Inc. (“pganalyze”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, pganalyze’s Privacy Policy) and procedures that may be published from time to time on this Site by pganalyze (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by pganalyze, acceptance is expressly limited to these terms.

Your pganalyze.com Account

If you create an account on the website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify pganalyze of any unauthorized uses of your account or any other breaches of security. pganalyze will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Our Service

Whenever you send PostgreSQL performance information to pganalyze, we analyze the data, and update the visualizations accordingly - informing you which SQL queries are taking most of the time. We store the full snapshots that get sent to us, you can enable a special privacy mode in the collector to avoid sending sample queries to our service. We will never access your database directly or automatically update any of the collector scripts without your explicit consent.

Responsiblity of Contributors

Without limiting any of those representations or warranties, pganalyze has the right (though not the obligation) to, in pganalyze's sole discretion (i) refuse or remove any content that, in pganalyze’s reasonable opinion, violates any pganalyze policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the website to any individual or entity for any reason, in pganalyze’s sole discretion. pganalyze will have no obligation to provide a refund of any amounts previously paid.

Payment and Renewal

Your subscription will be automatically renewed each month, unless you notify pganalyze before the end of the applicable subscription period that you want to cancel an upgrade, your upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be cancelled at any time in the upgrades section of your dashboard.

Restricted Use

You may not use software provided by pganalyze to substantially replicate products or services offered by pganalyze. If pganalyze believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access to pganalyze.com may be temporarily or permanently revoked, with or without notice.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. pganalyze disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which pganalyze.com links, and that link to pganalyze.com. pganalyze does not have any control over those non-pganalyze websites and webpages, and is not responsible for their contents or their use. By linking to a non-pganalyze website or webpage, pganalyze does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. pganalyze disclaims any responsibility for any harm resulting from your use of non-pganalyze websites and webpages.

Copyright Infringement

As pganalyze asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by pganalyze.com violates your copyright, you are encouraged to notify pganalyze. pganalyze will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. pganalyze will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of pganalyze or others. In the case of such termination, pganalyze will have no obligation to provide a refund of any amounts previously paid to pganalyze.

Intellectual Property

This agreement does not transfer from pganalyze to you any pganalyze or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with pganalyze. pganalyze, pganalyze.com. the pganalyze.com logo, and all other trademarks, service marks, graphics and logos used in connection with pganalyze.com, or the website are trademarks or registered trademarks of pganalyze or pganalyze’s licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any pganalyze or third-party trademarks.

Changes

pganalyze reserves the right, at its sole discretion, to modify or replace any part of this agreement. It is your responsibility to check this agreement periodically for changes. Your continued use of or access to the website following the posting of any changes to this agreement constitutes acceptance of those changes. pganalyze may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this agreement.

Termination

pganalyze may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your pganalyze.com account (if you have one), you may simply discontinue using the website. If you materially breach this agreement and fail to cure such breach within thirty (30) days from pganalyze’s notice to you thereof; provided that, pganalyze can terminate the website immediately as part of a general shut down of our service. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The website is provided “as is”. pganalyze and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither pganalyze nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk.

Limitation of Liability

In no event will pganalyze, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to pganalyze under this agreement during the twelve (12) month period prior to the cause of action. pganalyze shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the pganalyze Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless pganalyze, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between pganalyze and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of pganalyze, or by the posting by pganalyze of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the website will be governed by the laws of the state of Austria, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Vienna, Austria. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Vienna, Austria in the German language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this agreement to any party that consents to, and agrees to be bound by, its terms and conditions; pganalyze may assign its rights under this agreement without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Change Log

2nd October 2016: Updated for Duboce Labs, Inc.
10th March 2013: First version