Terms of Service

2.1 Account Registration

To use certain features of our Services, you may need to 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 all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

2.2 Age Requirements

The Services are intended for users who are at least 16 years of age. By using the Services, you confirm that you are at least 16 years old. If you are under the age of 16, you may not use the Services.

2.3 User Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account information and password
• Restricting access to your account
• All activities that occur under your account
• Ensuring that your use of the Services complies with these Terms and all applicable laws
• Obtaining and maintaining all necessary hardware, software, and network connections required to access and use the Services

3.1 Subscription Plans

Querymonk offers various subscription plans, including a free tier and paid plans with additional features. The features and limitations of each plan are described on our pricing page. We reserve the right to modify, terminate, or otherwise amend our offered subscription plans.

3.2 Free Trial

We may offer a free trial period for certain subscription plans. At the end of the trial period, you will be automatically charged the applicable subscription fee unless you cancel before the end of the trial.

3.3 Payments and Billing

By subscribing to a paid plan, you agree to pay the applicable fees. All fees are exclusive of taxes, which are your responsibility. Fees are non-refundable except as required by law or as explicitly stated in these Terms.

You authorize us to charge the payment method you provide to us for all applicable fees. If your payment cannot be completed, we may suspend or terminate your access to the paid features of the Services.

3.4 Subscription Term and Renewal

Subscriptions automatically renew for the same subscription term unless you cancel your subscription before the renewal date. You can cancel your subscription at any time through your account settings or by contacting our customer support.

3.5 Price Changes

We may change our subscription fees at any time. We will provide you with advance notice of these changes via email. If you do not agree to the price change, you can cancel your subscription before the price change takes effect.

4.1 Querymonk Intellectual Property

The Services and all materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the "Querymonk Content"), and all intellectual property rights related thereto, are the exclusive property of Querymonk and its licensors.

Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Querymonk Content.

4.2 License to Use Services

Subject to these Terms, Querymonk grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal or internal business purposes.

4.3 Feedback

If you provide us with any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to Querymonk all rights in such Feedback and agree that Querymonk shall have the right to use and fully exploit such Feedback in any manner it deems appropriate. Querymonk will treat any Feedback you provide as non-confidential and non-proprietary.

5.1 User Content

You retain all rights in, and are solely responsible for, the User Content you create, upload, post, send, or store through the Services. By submitting User Content, you grant Querymonk a worldwide, non-exclusive, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.

5.2 Database Information

Our Services may require access to your database schema information to generate queries. You represent and warrant that you have all necessary rights and permissions to provide us with access to such information.

We do not store your actual database data. We only use schema information (table names, column names, relationships) to generate queries. Your data remains on your servers.

5.3 Responsibility for User Content

You are solely responsible for your User Content and the consequences of posting or publishing it. By posting User Content, you represent and warrant that:

• You own or have the necessary rights to use and authorizeQuerymonk to use your User Content as described in these Terms
• Your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity
• Your User Content does not contain any information that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane

6.1 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
• To impersonate or attempt to impersonate Querymonk, aQuerymonk employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Querymonk or users of the Services or expose them to liability

6.2 Prohibited Activities

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services
• Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent
• Use any device, software, or routine that interferes with the proper working of the Services
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack
• Otherwise attempt to interfere with the proper working of the Services

7.1 Termination by You

You may terminate your account at any time by following the instructions on the Services or by contacting us at support@querymonk.com. If you terminate your account, you will not receive a refund for any fees you have already paid.

7.2 Termination by Querymonk

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If your account is terminated for any reason, you must obtain written authorization from Querymonk before re-registering for the Services.

7.3 Effects of Termination

Upon termination of your account, we will delete your account information and User Content within 30 days, except for information that we are required to retain for legal or business purposes.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8.1 Service Provided "As Is"

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

QUERYMONK DOES NOT WARRANT THAT THE SERVICES ARE ACCURATE, ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. THE SERVICES MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE, UPDATES, OR OTHER REASONS.

8.2 Generated Queries

QUERYMONK DOES NOT WARRANT THAT THE QUERIES GENERATED BY THE SERVICES WILL BE ERROR-FREE, COMPLETE, OR SUITABLE FOR YOUR SPECIFIC NEEDS. YOU ARE RESPONSIBLE FOR REVIEWING AND TESTING ALL GENERATED QUERIES BEFORE EXECUTING THEM IN YOUR DATABASE.

QUERYMONK IS NOT RESPONSIBLE FOR ANY DAMAGE OR LOSS CAUSED BY THE USE OF GENERATED QUERIES, INCLUDING DATA LOSS, DATABASE CORRUPTION, OR SYSTEM OUTAGES.

8.3 Third-Party Services

THE SERVICES MAY INTEGRATE WITH OR ENABLE ACCESS TO THIRD-PARTY SERVICES. QUERYMONK DOES NOT CONTROL THIRD-PARTY SERVICES AND IS NOT RESPONSIBLE FOR THEIR AVAILABILITY, RELIABILITY, OR FUNCTIONALITY.

YOUR USE OF THIRD-PARTY SERVICES IS SUBJECT TO THE TERMS AND CONDITIONS AND PRIVACY POLICIES OF THOSE THIRD-PARTY SERVICES.

11.1 Informal Resolution

Before filing a claim against Querymonk, you agree to try to resolve the dispute informally by contacting us at legal@querymonk.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Querymonk may bring a formal proceeding.

11.2 Arbitration

You and Querymonk agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth below. The arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

The arbitration will be conducted in San Francisco, California unless you and Querymonk agree otherwise. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules.

11.3 Exceptions

Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to:

• Bring an individual action in small claims court
• Pursue an enforcement action through the applicable federal, state, or local agency if that action is available
• Seek injunctive relief in a court of law
• File suit in a court of law to address an intellectual property infringement claim

11.4 Class Action Waiver

YOU AND QUERYMONK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both you and Querymonk agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Querymonkconcerning the Services.

14.2 Waiver

No waiver by Querymonk of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Querymonk to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14.3 Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

14.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Querymonk's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Querymonk may freely assign or transfer these Terms without restriction.

14.5 Notices

Any notices or other communications provided by Querymonk under these Terms will be given by posting to the Services or by sending to the email address associated with your account.