Terms of Service
These Terms govern your use of PerSQL — this website, the console, the API, and the PerSQL apps for iPhone, iPad and Android — which Premsan Inc (“Premsan”, “we”, “us”) operates. By creating an account or using PerSQL you agree to them. If you are a consumer, nothing here takes away a protection the law of the place you live gives you and does not let you waive.
1. The service
PerSQL keeps your data in databases of your own — one for each thing you keep track of — and gives you three ways in: import a file and read the rows, write SQL yourself, or ask an assistant in plain words. The assistant reads your tables to answer a question and draws a chart when you ask; a change it wants to make is proposed to you, a backup is taken before it, and nothing changes until you approve it. Your data leaves as SQL, SQLite or CSV whenever you like. What it can do changes as we change it.
2. Your account
One person, one account. Keep your password to yourself; you are responsible for what happens under your account, and you should tell us promptly if you think someone else has got into it. If you sign in with Apple or Google, their terms govern the sign-in itself.
3. Age
You must be at least 16 to use PerSQL, or older if the law where you live sets a higher age for agreeing to terms like these on your own.
4. What you bring, and what it changes
Your databases, your files, your notes and your conversations are yours. You give us a licence to store them, process them, send the parts the assistant needs to the model that answers you, and hand them back to you, and for nothing else. We do not use them to train models, and we never publish them.
A change to your data happens only when you approve it, or when you run it yourself in the SQL view. You are responsible for what you approve and for what you run, for having the right to keep the data you import — another person’s details, a file from your work — and for keeping the backups and exports you need. PerSQL takes a backup before a change the assistant proposes and keeps the backups you take, up to a number we may set; a backup is not a promise that a change can always be undone, and an export is the copy you keep for yourself.
5. The subscription
PerSQL is sold as a subscription: one plan, by the month, at the price shown before you pay — at the checkout on the web, or by the App Store or Google Play in the app. Your first week is free; it begins with your first change, not the day you create your account, and nothing is charged during it. When the week ends, changing your data — making a database, importing a file, running a statement that writes, approving a change the assistant proposes — needs a subscription, and everything else stays open: reading and querying your databases, exporting them, and your backups are yours whether or not you subscribe.
A subscription bought on the web renews each month until you cancel, which you can do at any time from the console’s plan page; you keep changing your data until the end of the period you paid for, and nothing is charged after that. A subscription bought in the app is taken by the App Store or Google Play, renews under the store’s rules, and is cancelled in the store’s own subscription settings.
If you bought on the web and change your mind within 14 days of your first payment, write to us and we will refund it, unless you have changed your data in that time, in which case the month has been used. A subscription bought in the app was taken by the App Store or Google Play, and a refund of it follows the store’s own policy and process. We may change the price; we will tell you before a change reaches you, and a change never applies to a month you have already paid for.
6. The apps
We license you the PerSQL app for iPhone, iPad and Android — we do not sell it to you — for your own use, on devices you own or control, under the rules of the store you got it from. The store’s own terms apply to the download and to purchases made inside the app. We may issue updates to the app and your device may install them automatically; these Terms apply to every version.
If you got the app from Apple’s App Store, the following also applies:
- Acknowledgement. These Terms are between you and Premsan only, not Apple Inc. (“Apple”). Premsan, not Apple, is solely responsible for the app and its content.
- Scope of licence. The licence is limited and non-transferable, to use the app on Apple-branded products you own or control, as the Usage Rules in the Apple Media Services Terms and Conditions permit, except that the app may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
- Maintenance and support. Premsan is solely responsible for any maintenance and support of the app. Apple has no obligation to provide any.
- Warranty. If the app fails to conform to a warranty that applies to it, you may notify Apple, and Apple will refund you the price you paid for the app, if any. To the extent the law allows, Apple has no other warranty obligation for the app; anything else arising from a failure to conform is Premsan’s responsibility.
- Product claims. Premsan, not Apple, is responsible for any claim by you or a third party relating to the app or your possession or use of it, including product liability claims, a claim that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy or similar law.
- Intellectual property. If a third party claims that the app or your possession and use of it infringes their intellectual property, Premsan, not Apple, is solely responsible for investigating, defending, settling and discharging the claim.
- Legal compliance. You represent that you are not in a country under a United States embargo or designated by the United States as supporting terrorism, and that you are not on a United States list of prohibited or restricted parties.
- Developer name and address. Premsan Inc, at the address in section 13, is the developer; questions, complaints and claims about the app go to the email address there.
- Third-party terms. You must comply with any third-party terms that apply to your use of the app.
- Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and on your acceptance of them Apple has the right, and is taken to have accepted the right, to enforce them against you as a third-party beneficiary.
If you got the app from Google Play, the following also applies:
- Acknowledgement. These Terms are between you and Premsan, not Google LLC (“Google”). Your use of the app must also comply with the Google Play Terms of Service in force at the time.
- Privacy. Your use of the app is subject to our Privacy Policy. Premsan, not Google, is responsible for complying with the privacy law that applies to it and with the Google Play Developer Policies.
- Purchases. A subscription bought in the app is bought through Google Play and billed to your Google account, at the price Google Play shows before you confirm, and renews and is cancelled under Google Play’s rules. A refund follows section 5.
- Liability. Google has no obligation or liability to you with respect to the app or these Terms.
7. Acceptable use
You may not use PerSQL to break the law, to keep another person’s data without the right to, to send unsolicited messages, or to do anything that harms other people who use it. You may not scrape it, drive it with automation, or try to get around the bot check, the approval of a change or the limits on a subscription. If you find a weakness, tell us at the address in the Privacy Policy rather than using it. We may slow, suspend or close an account that does any of this.
8. Closing your account
You can delete your account at any time, from the console’s Account page or from Account in the app. Everything held for you is erased at once; the little that survives, and why, is named in the Privacy Policy. Deleting your account does not cancel a subscription bought in the app; cancel it in the store first. We may suspend or close your account if you break these Terms or if the law requires it. If we ever shut PerSQL down, we will tell you in advance, give you time to export your databases, and refund what you paid on the web for the part of a month you had not used.
9. Warranties and liability
PerSQL is provided as it is and as it is available, without a warranty of any kind, express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement. We do not promise that it will be uninterrupted or free of error, or that an answer the assistant gives, a change it proposes or a chart it draws is correct or complete.
To the extent the law allows, neither of us is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, on any theory of liability, even if told of the possibility; and our total liability for everything arising out of PerSQL is limited to the greater of the amount you paid us in the twelve months before the event and one hundred United States dollars (US$100). Nothing in these Terms excludes or limits a liability that the law does not let us exclude or limit, including liability for fraud, for wilful misconduct or for gross negligence, and nothing limits the rights you have as a consumer.
10. Your responsibility to us
If a third party makes a claim against us because of data you kept in PerSQL without the right to, or a breach of these Terms or of the law, you will cover the reasonable costs, including legal fees, that the claim causes us.
11. Changes
We may change these Terms. When a change matters we will say so in the console or the app, or by email, before it takes effect; continuing to use PerSQL after that is agreeing to it. The date at the top is the version that stands, and we record which version you accepted when you created your account.
12. Governing law
These Terms are governed by the law of Japan, without regard to its conflict-of-law rules, and any dispute under them is brought before the courts of Osaka, Japan. If you are a consumer, you keep the protection of the mandatory law of the country you live in, and you may also bring a claim in its courts.
13. Contact
Premsan Inc — 530-0001, 12-12, Osaka Ekimae Dai-2 Bldg., 1-2-2 Umeda, Kita-ku, Osaka-shi, Osaka, Japan. support@persql.com for questions, complaints and claims about PerSQL.