When choosing to become a member of SQLBench, there a variety of options to choose from regarding payment cycle and subscription service levels. By using the services made available to you by SQLBench, you are responsible for maintaining the confidentiality of your user profile, password and account information.

In the course of your use of the service, you may be asked to provide certain personalised information to us relating to your user profile and accounts.

Our information collection and use policies with respect to the privacy of such user information are set forth in the SQLBench Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of user information, and you agree to keep it up to date.

The subscription service level options you may choose from can be found in detail at https://www.sqlbench.com/pricing/ and may be displayed in various optional currencies.

You are responsible for maintaining the confidentiality of your user profile, password and other account information and for restricting access to your device to further help protect such information. You are responsible for updating your user profile information.

By registering for SQLBench, you warrant that:

• You are legally capable of entering into binding contracts;

• All registration information you submit is truthful and accurate;

• You will maintain the accuracy of such information;

• You will maintain the accuracy of such information;

To pay any fee, you must designate and provide information about your preferred payment method. If you provide your payment information, you authorise us and certain third-party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. No refunds or credits will be provided by SQLBench, other than as set forth in these terms.

You agree to promptly notify SQLBench of any changes to the payment method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you. If your payment provider determines that there are fraudulent charges on your account resulting from use of your payment method, please contact us immediately.

In order to access the subscription services offered by SQLBench, you may be required to pay service fees, along with any required taxes. These may be paid on a monthly, quarterly, 6-monthly or annual basis. All service fees are payable in advance in accordance with your account billing cycles. You agree to pay the service fees and other charges you incur in connection with your SQLBench account as and when they fall due. SQLBench reserves the right to increase subscription service fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.

Prices in US Dollars and Euros include local taxes. All prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us.

We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.

SQLBench service fees will be billed automatically at the subscription date of the monthly, quarterly, 6-month or annual period, as applicable. These fees will auto-renew until your SQLBench membership is downgraded or terminated. Your service fee will be the same as the fees last charged to you unless you are otherwise notified in advance. You may cancel your SQLBench subscription at any time via our online account settings page.

We may suspend or terminate your use of the services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our service content.

Any software that is made available to download by or through this Site (“Software”) is the copyrighted work of SQLBench, its suppliers and/or its licensors. Your rights to access, download, and use any Software made available for download from the Site will be subject to your agreement to the terms and conditions of the software license agreement identified on the site and/or in the Software (each, a “License Agreement”). You may not install any Software that is accompanied by or includes a License Agreement unless you have agreed to the applicable License Agreement. Except to the extent expressly permitted in any applicable License Agreement, or expressly authorised under applicable law overriding any of the following restrictions, you agree that you will not sell, lease, lend, convey, transmit, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or attempt to derive source code from the Software. Any reproduction, redistribution or other use or exploitation of the Software not in accordance with the License Agreement and/or these Terms is expressly prohibited by law, and may result in civil and criminal penalties.

Unless otherwise specifically noted, the information, content, data, text, graphics, images, videos, documents and other materials made available through the Site (“Content”) are and shall remain the property of SQLBench, its licensors and/or suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with these Terms, solely for so long as you are permitted by SQLBench to access and use the Site, and provided that you keep intact all copyright and other proprietary notices, you may:

(a) view any Content on any single computer solely for personal, informational, non-commercial purposes, and (b) download and print the materials that SQLBench specifically makes available for downloading (such as white papers or user documentation) from this Site solely for personal, informational, non-commercial purposes, provided that such Content may not be modified or altered in any way. Unless otherwise specifically permitted for any particular Content, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, rent, lease, modify, loan, sell, distribute, or create derivative works based on, the Site or any Content, in whole or in part, without the express prior written authorization of SQLBench.

Elements of the Site are protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from the Site may be copied or retransmitted unless expressly permitted in writing by SQLBench. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of SQLBench or its suppliers’ trade names, trademarks or service marks without SQLBench express prior written consent. “SQLBench” and other SQLBench logos, trademarks, service marks, and product and service names are the intellectual property of SQLBench.

While using the Site you agree to comply with all applicable laws, rules and regulations. SQLBench also expects users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this Section; any failure to comply may also result in termination of your access to the Site. You agree that you will not:

• Post, transmit, or otherwise make available, through or in connection with the Site:

• Anything that is or may be (a) threatening, harassing, degrading or hateful; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent or otherwise objectionable; or (e) protected by copyright, trademark or other proprietary right without the express prior written consent of the owner of such right.

  • Any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense.

  • Any materAny virus, worm, Trojan horse or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software.

  • Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.

  • Use the Site for any fraudulent or unlawful purpose.

  • Harvest or collect personally identifiable information about other users of the Site.

  • Impersonate any person or entity, including any representative of SQLBench; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that SQLBench endorses any statement you make.

  • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.

  • Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).

  • Use the Site to advertise or offer to sell or buy any goods or services without SQLBench’s express prior written consent.

  • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site (including any content, Software and other materials available through the Site).

  • Modify, adapt, create derivative works of, translate, reverse engineer, decompile or disassemble any portion of the Site (including any content, Software and other materials available through the Site), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions.

  • Remove any copyright, trademark or other proprietary rights notice from the Site or content, Software and other materials originating from the Site.

  • Frame or mirror any part of the Site without SQLBench’s express prior written consent. Create a database by systematically downloading and storing all or any Site content.

  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, without SQLBench’s express prior, written consent.

You agree that SQLBench may, under certain serious circumstances and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in SQLBench’s sole discretion and that SQLBench shall not be liable to you or any third party for any termination of your account or access to the Services.

You may find links to other websites on the Site allowing you to leave SQLBench’s site. SQLBench exercises no control over such third-party websites and any contents or web-based resources found on those third-party sites and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon or any updates or changes thereto. SQLBench provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SQLBench of any linked sites. SQLBench shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection thereafter. Your access and use of those websites, including your use of any content, information, data, advertising, products, or other materials on or available through such websites, is solely at your own risk is subject to the terms and conditions of use and privacy policy(ies) applicable to such sites and resources.

Arbitration

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with SQLBench and these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred. This provision does not apply if you are based in the European Union in which case time limitations shall be determined in accordance with governing law for EU users mentioned below. (Strava)

You accept sole responsibility for use of the services, all data and content you upload to the services and also your conduct whilst using the services. SQLBench accept no responsility for your use of the services, data or content you upload or your conduct whilst using the services. SQLBench does not endorse any views contained in any content you upload or opinions you express whilst using the services. You agree if any claims against SQLBench associated with your use of the services, data or content you upload to the services or views you express whilst using the services, to by the extent of the law, you will indemnify SQLBench from damage losses and costs that directly impact that will be a result from this action.

Your rights with respect to SQLBench are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our services, do not permit it.

You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and SQLBench as a result of the Terms or your use of the Services. These Terms constitute the entire agreement between you and SQLBench with respect to your use of the Services. The failure of SQLBench to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of SQLBench.

SQLBench has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. SQLBench’s notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under the Terms.

A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

SQLBench and/or its suppliers/licensors and its officers, directors, employees or agents be will not be in any stance liable for any special, incidental or consequential or punitive damages which may arise out of or in connection with your use of the services or this agreement including without limitation, any damages resulting from loss of use, data, profits or other intangibles, loss of security of information you have provided in connection with your use of the services (however arising, including contract, equity, negligence or other tortious action) even if advised in advance of such damages or losses. The maximum liability of SQLBench and our officers, directors, employees, and licensors/suppliers to you or any third parties in any circumstances shall be the total amount, if any, paid by you to SQLBench to access and use the site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

In the event that you have a dispute with one or more users of the services, you release SQLBench (and our officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

It may be deemed necessary for SQLBench to disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the service, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) SQLBench’s rights or property, or the rights or property of visitors to or users of the services, including SQLBench’s customers. SQLBench reserves the right at all times to disclose any information that SQLBench deems necessary to comply with any applicable law, regulation, legal process or governmental request. SQLBench also may disclose your information when SQLBench determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organisations for fraud protection purposes.

You agree that SQLBench may, in its sole discretion and without prior notice, terminate your access to the services and/or block your future access to the services if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the services.

Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the services. SQLBench reserves the right to update the Terms at any time and for any reason in its sole discretion. SQLBench will notify you of any material changes to the Terms or to any service or other features of the services. By continuing to access or use the services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the services.

SQLBench and its third-party service providers may make improvements and/or changes in the Services, products, services, mobile applications, features, programs, and prices described at any time and for any reason in its sole discretion. The mobile application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services. SQLBench reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that SQLBench shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.