This legal document is provided in English as the authoritative version.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Database LLC ("Database," "we," "us," or "our") governing your access to and use of the Database mobile application, website at mydatabaseapp.com, and all related services (collectively, the "Service").
By downloading, installing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
1. Eligibility
You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use the Service. By using the Service, you represent and warrant that you meet these requirements. If you are using the Service on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.
2. Account Registration
To access the Service, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration.
- Maintain and promptly update your account information.
- Keep your password secure and confidential.
- Notify us immediately of any unauthorized access to your account.
- Accept responsibility for all activities that occur under your account.
We reserve the right to suspend or terminate accounts that contain inaccurate information or that we believe have been compromised.
3. Subscription and Billing
Free Trial: New accounts may receive a limited free trial period as specified in the app. No credit card is required during the trial period.
Paid Subscriptions: After the trial period, continued use of the Service requires a paid subscription. Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan.
Billing: By subscribing, you authorize us (or our payment processor) to charge the applicable fees to your designated payment method. All fees are stated in USD unless otherwise specified and are exclusive of applicable taxes.
Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.
Cancellation: You may cancel your subscription at any time through the app settings or by contacting us. Cancellation takes effect at the end of the current billing period. No refunds are issued for partial periods.
Price Changes: We reserve the right to change subscription pricing. We will provide at least 30 days' advance notice of any price increase.
4. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:
- Use the Service for any illegal purpose or in violation of any applicable laws or regulations.
- Send unsolicited communications (spam) to your clients or any third parties through the Service.
- Upload, transmit, or distribute any content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable.
- Attempt to gain unauthorized access to any part of the Service or its related systems.
- Use the Service to collect or harvest personal information from others without their consent.
- Interfere with or disrupt the integrity or performance of the Service.
- Reverse engineer, decompile, or disassemble any portion of the Service.
- Use automated means (bots, scrapers) to access the Service without our prior written consent.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
5. Your Content and Data
Your data: You retain full ownership of all data and content you enter into the Service, including client information, business data, and communications. You grant us a limited, non-exclusive license to store, process, and use your data solely to provide and improve the Service.
Your responsibility: You are solely responsible for ensuring that your collection and use of client personal data complies with all applicable data protection and privacy laws. You represent that you have obtained all necessary consents to collect client information and send marketing communications through the Service.
Data accuracy: We are not responsible for the accuracy or completeness of data you enter into the Service.
6. Intellectual Property
The Service, including all software, designs, text, graphics, logos, and other content, is owned by Database LLC and protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes in accordance with these Terms.
You may not copy, modify, distribute, sell, or lease any part of the Service, or reverse engineer or attempt to extract the source code, except as permitted by applicable law.
7. Third-Party Services
The Service integrates with or links to third-party services (such as email providers, payment processors, and cloud infrastructure). Your use of those services is governed by their respective terms and privacy policies. We are not responsible for the availability, accuracy, or content of third-party services.
8. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DATABASE LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO 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 harmless Database LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Service, your data, or your violation of any third party's rights.
11. Termination
We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, including for breach of these Terms. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, and limitations of liability.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. Any dispute arising from these Terms or the Service shall first be subject to good-faith negotiation. If negotiation fails, disputes shall be resolved by binding arbitration in Miami, Florida, in accordance with the American Arbitration Association's Commercial Arbitration Rules.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes at least 30 days in advance by posting the updated Terms on our website or sending a notification through the app. Your continued use of the Service after the effective date of the revised Terms constitutes acceptance of those changes.
14. Contact
Questions about these Terms? Contact us at:
Database LLC
Miami, Florida, United States
Email: support@mydatabaseapp.com
Website: https://mydatabaseapp.com