Terms of Service
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The
following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control"
means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of
directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: California, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Hammerstone
Development.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or
otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of
our Service.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
Service refers to the Website.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement
between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services)
provided by a third-party that may be displayed, included or made available by the Service.
Website refers to HelloQuery, accessible from www.helloquery.com.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which
such individual is accessing or using the service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and
the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the
Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and
Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part
of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy
Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and
disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy
rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Subscriptions
Subscription Period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance
on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of
Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You
cancel it or the Company cancels it.
Subscription Cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You
will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to
access the Service until the end of Your current Subscription period.
Billing
You shall provide the Company with accurate and complete billing information including full name, address, state,
zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that
you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period
as indicated on the invoice.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change
will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an
opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to
pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at
the sole discretion of the Company.
Free Trial
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for the Free Trial.
If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company
until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription,
You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free
Trial offer, or (ii) cancel such Free Trial offer.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all
times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account
on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or
actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of
any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name
or trademark that is subject to any rights of another person or entity other than You without appropriate
authorization, or a name that is otherwise offensive, vulgar or obscene.
Read-Only Connection Agreement
By using HelloQuery, You agree to establish only read-only connections to your database(s)
through our service. This means you will not be able to modify, delete, or alter the data in your database using our
service. Our system is designed to enforce this rule, however, you are responsible for ensuring that the connection
parameters you provide restrict the service to read-only access. Any attempt to bypass this restriction is a
violation of these terms and may result in immediate termination of your service.
Liability for SQL Queries
While HelloQuery provides the functionality to run SQL queries against your database, we ("The Company") do
not assume responsibility for the content or effects of the SQL commands you execute. We make every effort to
sanitize the queries to prevent malicious actions, but we cannot guarantee complete security against bad actors or
harmful queries. You are solely responsible for the SQL commands you choose to execute and must understand the
implications of the queries run through our service. We are not liable for any loss, damage, or consequences that
arise from your use of our SQL execution features.
GDPR Data Processing
The following provisions lay out the responsibilities of Hello Query to its customers with regards to
data
protection in general and the European Union’s General Data Protection Regulation (GDPR) specifically.
Both parties will comply with all applicable requirements of the Data Protection Legislation (as defined below).
These provisions are in addition to, and does not relieve, remove or replace, a party's obligations under the
Data
Protection Legislation.
In the course of providing the Services Hello Query may be required to process Personal Data on your
behalf
and the parties agree to comply with the following provisions with respect to any such processing of Personal
Data.
Hello Query as Data Processor,
Definitions
Hello Query is a Data Processor operating on behalf of its Customers and Hello Query's customers
are
Data Controllers (where Data Controller and Data Processor have the meanings as defined in the Data Protection
Legislation). "Customers" are individuals or organizations using the Hello Query service. Data Protection
Legislation” means all applicable privacy and data protection laws including the General Data Protection
Regulation
((EU) 2016/679) and any applicable national implementing laws, regulations and secondary legislation in England
and
Wales relating to the processing of Personal Data and the privacy of electronic communications, as amended,
replaced
or updated from time to time. “Data Subject” means the individual to whom Personal Data relates “Personal data”
means any information relating to an identified or identifiable person that is processed by the Provider as a
result
of, or in connection with, the provision of the services under the Agreement; an identifiable natural person is
one
who can be identified, directly or indirectly, in particular by reference to an identifier such as a name,
identification number, location data, an online identifier or to one or more factors specific to the physical,
physiological, genetic, mental, economic, cultural or social identity of that natural person. “Sub-processor”
means
any Data Processor engaged by Hello Query.
Processing of Personal Data
By using the services you as Data Controller authorize Hello Query to process personal data on behalf in
accordance with the requirements of Data Protection Legislation. You will ensure that instructions to Hello Query
for the processing of Personal Data comply with Data Protection Legislation. You as Data Controller are
solely responsibility for the accuracy, quality, and legality of Personal Data and the means by which you
acquire
Personal Data. Personal Data provided by you as the Data Controller shall not contain information that reveals
racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership,
genetic
data, biometric, data concerning health or data concerning an individual's sex life or sexual orientation
("Special
Categories of Data"). Hello Query will only process the Personal Data to the extent, and in such a
manner, as
is necessary for the purposes of the Agreement and in accordance with your written instructions. Hello Query
will maintain the confidentiality of all Personal Data and will not disclose Personal Data to third parties
unless
you or the Agreement specifically authorizes the disclosure, or as required by law. If a law, court, regulator
or
supervisory authority requires Hello Query to process or disclose Personal Data, Hello Query shall
first inform you of the legal or regulatory requirement and give you an opportunity to object or challenge the
requirement, unless the law prohibits such notice. Hello Query lays out a full and accurate description
of
its data protection practices on its website at Hello Query Privacy Policy. This description is updated
from
time to time as and when practices change. If a change in any Data Protection Legislation prevents either party
from
fulfilling all or part of the Agreement obligations, the parties will suspend the processing of Personal Data
until
that processing complies with the new requirements.
Overseas Transfers
The information you provide may be transferred to countries outside the European Economic Area (‘EEA’) Whenever
Hello Query transfers the personal information that you have provided out of the EEA, Hello Query
will
ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is
implemented: Please contact Hello Query if you want further information on the specific mechanism used by
Hello Query when transferring Personal Data out of the EEA
Rights of Data Subjects
You as Data Controller are solely responsible for the collecting of all necessary consent from Data Subjects to
allow Hello Query to process personal data on its behalf for the duration and purposes of the Agreement.
You
as Data Controller shall also be responsible for providing any required notices and for the processing
instructions
you give to Hello Query. Hello Query will, to the extent legally permitted, promptly notify you if
it
receives a request from a Data Subject for access to, or deletion of, that person’s personal data. Hello Query will
not respond to a Data Subject request without your prior written consent except to confirm that the
request relates to the Data Controller. You are solely responsible for completing such a request as required by
law.
Personnel
Hello Query ensures that its personnel engaged in the processing of personal data are informed of the
confidential nature of the personal data and have agreed to appropriate contractual obligations, including
relevant
obligations regarding confidentiality, data protection and data security.
Sub-Processors
You as Data Controller agree that Hello Query may engage third-party Sub-processors to provide the
Services
and such Sub-processors may access personal data, and appoint additional levels of Sub-processors, only for
purposes
of providing the services Hello Query retained them to provide and not for any other purpose. Hello Query has or
shall enter into a written agreement with each Sub-processor containing data protection
obligations
not less protective than those in the Agreement with respect to the protection of the Personal Data provided by
you
as Data Controller to the extent applicable to the nature of the Services provided by such Sub-processor. Hello
Query shall give you prior written notice of the appointment of any new Sub-processor, including full
details
of the Processing to be undertaken by the Sub-processor. If, within 14 days of receipt of that notice, you
notify
Hello Query in writing of any objections (on reasonable grounds) to the proposed appointment, then Hello Query shall
work with you in good faith to make available a commercially reasonable change in the
provision of
the Services which avoids the use of that proposed Sub-processor; and where such a change cannot be made within
14
days from Hello Query's receipt of your notice, notwithstanding anything in the Agreement, you may by
written
notice to Hello Query with immediate effect terminate the Agreement to the extent that it relates to the
Services which require the use of the proposed Sub-processor.
Record Keeping
Hello Query shall, in relation to any Personal Data processed in connection with the performance of its
obligations under the Agreement maintain complete and accurate records and information to demonstrate its
compliance
with the Data Protection Legislation where applicable.
Security
Taking into account the state of the art, the costs of implementation and the nature, scope, context and
purposes of
Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons
Hello Query agrees to implement and maintain appropriate administrative, technical, and physical
safeguards
of Personal Data stored in the course of providing the Services.
Security Breach Management and
Notification
If Hello Query becomes aware of a breach of security leading to the accidental or unlawful destruction,
loss,
alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed
in
the course of the provision of the Services or any accidental, unauthorised or unlawful processing of the
Personal
Data (“Security Breach”), Hello Query will promptly: (and in any event within 72 hours of becoming aware
of
the Security Breach) notify you of the Security Breach; investigate the Security Breach and provide you with
information known to Hello Query about the Security Breach; and follow appropriate policies and
procedures to
mitigate the effects and to minimize any damage resulting from the Security Breach. You as the Data Controller
agree
that an unsuccessful Security Breach attempt will not be subject to Section 7.1 above. An unsuccessful Security
Breach attempt is one that results in no unauthorized access to the Data Controller's Personal Data or to the
Services storing such Personal Data, and may include, without limitation, pings and other broadcast attacks on
firewalls or edge servers, port scans, unsuccessful log-on attempts, denial of service attacks, packet sniffing
(or
other unauthorized access to traffic data that does not result in access beyond IP addresses or headers) or
similar
incidents. Notification(s) of Security Breaches, if any, will be delivered to one or more of your business,
technical or administrative contacts by any means Hello Query selects, including via email. It is the
your
sole responsibility to ensure you maintain accurate contact information on Hello Query's support systems
at
all times. Hello Query's report of and/or response to a Security Breach under this Section will not be
construed as an admission by Hello Query to fault or liability with respect to the Security Breach.
Deletion of Customer Data
On completion of the provision of the Services or the termination of the Agreement for any reason or expiry of
its
term, Hello Query will securely delete or destroy or, if directed in writing by you, return and not
retain,
all or any Personal Data related to this Agreement in its possession or control, except for one copy that it may
retain and use for such period as is reasonable not exceeding 2 years solely for (a) audit purposes or (b) for
recordkeeping and legal compliance obligations or where electronic or offsite back-up or archiving systems
contain
copies of the data. If any law, regulation, or government or regulatory body requires Hello Query to
retain
any documents or materials that Hello Query would otherwise be required to return or destroy, it will
notify
you in writing of that retention requirement, giving details of the documents or materials that it must retain,
the
legal basis for retention, and establishing a specific timeline for destruction once the retention requirement
ends.
Copyright Policy
Intellectual Property
Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content
posted
on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been
copied in a way that constitutes copyright infringement that is taking place through the Service, You must
submit
Your notice in writing to the attention of our copyright agent via email at
[email protected] and
include in
Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any
Content
is infringing Your copyright.
DMCA Notice and DMCA Procedure for
Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright
Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's
interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page
address)
of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is
infringing
is located.Your address, telephone number, and email address.
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright
owner,
its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and
that
You are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our copyright agent via email at
[email protected]. Upon receipt of a notification, the
Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the
challenged
content from the Service.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such
assignment
is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide
right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without
restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the
Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices
of
any third party web sites or services. You further acknowledge and agree that the Company shall not be
responsible
or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection
with
the use of or reliance on any such content, goods or services available on or through any such web sites or
services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or
services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason
whatsoever,
including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account,
You
may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers
under
any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount
actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for
any
special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for
loss
of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy
arising out of or in any way related to the use of or inability to use the Service, third-party software and/or
third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even
if
the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of
its
essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or
consequential damages, which means that some of the above limitations may not apply. In these states, each
party's
liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE"
Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of
any
kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its
Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties,
whether
express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out
of
course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the
Company
provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your
requirements, achieve any intended results, be compatible or work with any other software, applications, systems
or
services, operate without interruption, meet any performance or reliability standards or be error free or that
any
errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation
or
warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the
information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or
error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through
the
Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company
are
free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable
statutory
rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a
case the exclusions and limitations set forth in this section shall be applied to the greatest extent
enforceable
under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the
Service.
Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally
by
contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country
in
which you are resident in.
United States Federal Government End
Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48
C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States
government
embargo, or that has been designated by the United States government as a "terrorist supporting" country, and
(ii)
You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and
interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law
and
the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this
Terms shall not effect a party's ability to exercise such right or require such performance at any time
thereafter
nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You
agree
that the original English text shall prevail in the case of a dispute.
Changes to These Terms and
Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is
material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking
effect.
What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the
revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the
Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email:
[email protected]