Terms of Service
Welcome and thanks for using the ZippyDB™ services, which includes the Redis Serverless Service (“Services”)! These Terms of Service (“ToS”) are a legally binding contract and describe your rights and responsibilities as a customer of the Services specified below, and other such services that we may offer from time to time subject to their specific terms and conditions if any. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these ToS. If you do not agree to these ToS, please do not register or use any of the Services. ZippyDB, LLC (“ZippyDB™” “us” or “we”) and you (where “you” or “customer” shall mean the entity you represent or, if that does not apply, you individually) may each be referred to as a “Party” and collectively as the “Parties”.
To use the Services, we require you to obtain an account (“Account”) by completing our registration process and designating a user ID and password. When registering with us you must: (i) provide true, current and complete information about yourself, and (ii) maintain such information so it continues to be true, current and complete. You are responsible for your account and only you may use it. If your login credentials are lost or stolen, or if you become aware of any unauthorized use of your Account or of the Services please contact Support.
The Services are accessible only to users registered with us or with one of our Partners (as defined below). We reserve the right to decline any Account registration.
Fees, Taxes and Payments
You may purchase the Services directly from us through our website or through one of our third-party reseller partners (“Partners”) by paying the services fees (“Services Fees”), according to our fee schedule (“Fee Schedule”). The Fee Schedule for Services purchased directly from us can be found at the ZippyDB™ Pricing page. The Fee Schedule for purchases through our Partners may be found at each such Partner’s website.
By providing a credit card or other payment method accepted by us (“Payment Method”) for payment of the Services Fees, you are authorizing us to charge to the Payment Method the applicable Service Fees at the then Fee Schedule, and any other charges you may incur in connection with your use of the Services.
You agree to pay all applicable charges specified for the Services (including any charges for use in excess of authorizations). The Fee Schedule is exclusive of any customs or other duty, tax, and similar levies imposed by any authority, which shall be added to your Services Fees. You agree to pay any sales, value-added or other similar taxes imposed by applicable law that we must pay based on the Services you subscribed to, except for taxes based on our income. You hereby authorize us to charge you a monthly charge based on your consumption of our services and their respective current Fee Schedule for such Services.
You understand and agree that your failure to pay the Fees when due, for whatever reason, except for fees that you dispute (which shall be paid promptly upon a determination by us that such Fees are valid) may lead to the suspension and termination of the Services. In some cases, suspension of a Service will lead to the loss of a particular service permanently. For example, if you fail to pay us, and your Services lapse, your backups and other copies of data may be permanently deleted. We have no liability to you for such a loss based on your failure to pay the Fees. If your account is suspended for non-payment, you will be charged a reinstatement fee of $50.00. In the alternative, if you fail to pay the Fees when they are due, and have not disputed them as provided in this ToS, we will charge you interest in the amount of 1.5% per month, or the highest amount we are allowed to charge by the laws of the state governing this Agreement. You also agree to pay our reasonable costs of collection, including, but not limited to, our reasonable actual attorney’s fees. If you initiate a charge-back/chargeback, your Services will be suspended or terminated.
We use good faith efforts to ensure our Fees are accurate. If you believe they are not, you agree to dispute them as set out in this paragraph. All questions about Fees must be presented to us in writing before the Fee is due. Failure to object to any Fees in a timely manner shall be deemed conclusive evidence that such Fees are valid. Your question must be in writing and contain enough detail for us to investigate the dispute. Our investigation will take a maximum of thirty calendar days. After that period, we will either credit your account with the amount in dispute or provide you with a written explanation of why the Fee remains due. You have fifteen calendar days to provide us with a written discussion of why our conclusions are incorrect. We will have thirty calendar days to review your discussion. If we agree with your discussion, we will credit your account as set out above. If not, our decision is final.
Your Data Ownership, Processing and Data Protection
Your data (“Customer Data”) consists of all data and information that you or your authorized users provide or input to the Services. Your use of the Services will not affect your ownership rights of any Customer Data. Customer Data remains your data at all times and you are solely responsible for ensuring that your data, and your use of it, complies with these ToS and applicable law. We may need to make design choices to technically administer the Services, for example, how to replicate, store, scale, cluster, compress, decompress or backup your Customer Data. You hereby give us full permissions to make any such design choices and use of your Customer Data. You are solely responsible for obtaining all necessary rights and permissions to enable, and grant us such rights and permissions. Further, you represent and warrant to us that: (a) you have all rights in your Customer Data necessary to grant the rights contemplated by these ToS; and (b) that none of your Customer Data violates these ToS, any applicable law or any third party’s intellectual property or other right.
If any Customer Data could be subject to restrictive governmental regulation or may require security measures beyond those specified by us for the Services, you will not input, provide, or allow such Customer Data onto the Services. Your Customer Data shall not include protected health information unless you have signed a Business Associate Agreement with us.
You represent and warrant that your use of the Services comply with all applicable laws and regulations, including without limitation any applicable data privacy protection laws. To the extent the European General Data Protection Regulation (EU/2016/679) (GDPR) applies to your Customer Data, our Data Processing Addendum (DPA) shall apply and serve as an integral part of this Agreement.
You are responsible for assessing the suitability of the Services for your intended use and Customer Data and to take necessary actions to order, enable, or use available data protection features appropriate for the Customer Data being used with the Services. By using the Services, you accept responsibility for your use of the services, and acknowledges that it meets your requirements and processing instructions to enable compliance with applicable laws.
Use Rights and Limitations
You may access and use the Services solely to the extent authorized by these ToS. You are responsible for your use of the Services by any third party who accesses the Services with your Account credentials on your behalf. You may not use the Services in violation of any jurisdiction’s laws and regulations, including but not limited to all applicable provisions related to data privacy and protection, intellectual property rights, or sectoral restrictions.
ZippyDB™ or its licencors exclusively own and reserve all right, title and interest in and to the Services, including any improvements or derivatives thereof. No title to or ownership of any proprietary rights relating to the Services is transferred to Customer or any user pursuant to these ToS. All rights not expressly granted to Customer are reserved by ZippyDB™.
You may not: (i) reverse engineer, disassemble, or de-compile the Services or apply any other process or procedure to derive the source code or reverse engineer the Services, (ii) modify, alter, tamper with, repair, or create derivative works of any components of the Services; (iii) disclose ZippyDB™ Confidential Information as defined below; (iv) use the Services in a way designed or intended to avoid exceeding use limits or incurring fees; (vi) assign, resell, or sub-licence access to the Services to any third party; (vii) use the Services in connection with any derivative work thereof; (viii) attempt to circumvent, disable or otherwise make ineffective any security features used by the Services; (vix) use the Services to perform a harmful activity; or (x) process any harmful content to or through the Services.
Confidential Information means information, in any form or format, marked confidential, identified as Confidential Information at the time of disclosure or the nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. Confidential Information includes, but is not limited to, source code, security measures and reports. You will use at least commercially reasonable efforts to maintain the confidentiality of the Confidential Information, agree to use Confidential Information only for purposes consistent with these Terms and will notify us promptly of any unauthorized use or disclosure of Confidential Information. Confidential Information may be disclosed and used by your employees, partners, contractors, professional advisors and third parties having a need to know and who are under a similar obligation of confidentiality.
Modifications or discontinuation of the Services
We may need to make design choices to technically administer the Services, for example in the way we replicate, store, scale, cluster, compress, decompress or backup your Customer Data. You hereby grant us permission to make any design choices. Occasionally, you may experience interruptions, delays or errors in the Services. This may be due to a number of reasons including, maintenance that we perform on our website, as well as reasons beyond our control.
You acknowledge that we may, in our sole discretion and at any time, upgrade the Services to incorporate new features, feature updates or bug fixes. Reasonable commercial efforts will be made to notify Customer regarding upgrades relating to ZippyDB™ Services at least 7 days prior to such upgrades.
Where necessary to preserve our rights, the integrity of the Services or the availability of the Services to our users, we may, in our sole reasonable discretion and without notice or liability to you or any third party immediately suspend or terminate your account and block any and all current or future access to and use of our website and the Services (or any portion thereof) without derogating from any other right or remedy that we may have by law, equity or otherwise.
We may delete your usage history and your backup data files after you terminate using the Services.
Term and Termination
These ToS commence when you complete the registration process and create an Account, and continue until terminated in accordance with these ToS. You may terminate these ToS by terminating all Services under your account and request that your account be deleted. We may terminate your account and these ToS, or suspend your access to the Services: (a) for any reason subject to 30 day’s prior notice, (b) immediately if (i) your payment is overdue or you are otherwise in breach of these ToS; (ii) we determine that there is a risk to the Services or to any third party from your actions and/or that your use of the Services may be unlawful; or (iii) you have ceased to operate in the ordinary course of business, made an assignment for the benefit of creditors or made a similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding. If we suspend your right to access or use any portion or all of your Services, you remain responsible for all Service Fees you have incurred prior to the suspension and you will not be entitled to any credit or refund.
Upon termination of these ToS: (i) all your rights under these ToS terminate immediately; (ii) you remain responsible for all Service Fees you have incurred through the date of termination; and (iii) we have no obligation to continue to store any Customer Data contained in the terminated Services post termination, nor any responsibility for any lost or damaged Customer Data.
No Warranty or Conditions
To the extent not prohibited by law, ZippyDB, its affiliates and Partners: (a) provide the services “AS IS”, “WITH ALL FAULTS” and “AS AVAILABLE”, (b) make no representations or warranties or conditions whether express or implied (e.g. warranty of merchant-ability, satisfactory quality, fitness for a particular purpose, or non-infringement), and (c) do not guarantee that the Services will be uninterrupted, error-free or free of harmful components, that the Customer Data will be secure or not otherwise lost or damaged.
If you are dissatisfied with any portion of the Services or with these ToS, your sole and exclusive remedy is to discontinue use of the Services.
To the extent not prohibited by law, you will defend ZippyDB™ against any cost, loss, damage, or other liability arising from any third party demand or claim that any Customer Data or information provided by you, or your use of the Services: (a) infringes a registered patent, trademark, or copyright of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of ZippyDB’ actions); or (b) violates applicable law or these ToS. We will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.
Limitation of Liability
To the extent not prohibited by law, in no event will ZippyDB™, its affiliates, Partners, resellers, officers, employees, agents, suppliers or licensors be liable for: any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, goodwill, use or content) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, negligence or otherwise, even if ZippyDB™ has been advised as to the possibility of such damages.
The aggregate liability of ZippyDB™ and its affiliates, officers, Partners, resellers, employees, agents, suppliers or licensors, relating to the Services will be limited to the greater of: (a) one (1) time the most recent monthly fee that you paid for that particular service; or (b) one hundred dollars (USD$100). The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Some jurisdictions do not allow the limitation of incidental, consequential or other damages. In such an event, this limitation will not apply to you to the extent prohibited by law.
Governing Law and Jurisdiction
These ToS shall be governed by the laws of the State of Florida, without regard to its conflict or choice of laws principles. The Parties agree that any and all disputes concerning these ToS shall be brought in the federal and state courts of the State of Florida having jurisdiction thereof and irrevocably waive any and all claims and defenses either might otherwise have in any such action or proceeding in any of such courts based upon any alleged lack of personal jurisdiction, improper venue, forum non convenience or any similar claim or defense.
The Parties specifically disclaim applicability of the 1980 UN Convention on Contracts for the International Sale of Goods or any laws based on the Uniform Computer Information Transactions Act (UCITA).
Severability; Entire Agreement. These ToS apply to the maximum extent permitted by relevant law. If a court holds that the Parties cannot enforce a part of these ToS as written, you and ZippyDB will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these ToS will remain in effect. This is the entire contract between you and ZippyDB regarding the Services. It supersedes any and all prior contracts or oral or written statements regarding your use of the Services. Any conflicting or additional terms in any purchase order you may submit to ZippyDB™ shall be deemed void.
Assignment and transfer. We may assign, transfer, or otherwise dispose of our rights and obligations under these ToS, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Services, unless ZippyDB™ agrees in writing.
Independent Contractors; No Beneficiaries. ZippyDB™ and you are not legal partners or agents; instead, our relationship is that of independent contractors. This agreement is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.
Force Majeure. Neither Party will be liable to the other for any delay or failure to perform any obligation under these Terms (except for a failure to pay fees) if the delay or failure is due to events which are beyond the reasonable control of such Party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.
Notices. All communications and notices to be made or given pursuant to these ToS must be in English. We may provide any notice to you under these ToS by posting a notice on our website for the applicable Services or via email to the address associated with your Account. You will be deemed to have received any email sent to the email address then associated with your Account.
To give us notice under these ToS, you must (i) email us at email@example.com, or (2) send us your notice by certified mail, return receipt requested, to: ZippyDB, LLC, PO Box 341, Indian Rocks Beach, FL 33785.
Amendments. We may amend these ToS at any time by posting a revised version on our website for the applicable Services or by notifying you via email. Any amended terms become effective upon posting on our website for the applicable Services or as stated in our email notice message. By continuing to use the Services after the effective date of any amendment to these ToS, you agree to be bound by the amended terms. Please check our website for the applicable Services regularly. These ToS were last amended on the date listed in the introduction to these ToS.
Government Use. If you are a U.S. government entity or if this agreement otherwise becomes subject to the Federal Acquisition Regulations (FAR), you acknowledge that elements of the Services constitute software and documentation and are provided as “Commercial Items” as defined at 48 C.F.R. 2.101, and are being licensed to U.S. government users as commercial computer software subject to the restricted rights described in 48 C.F.R. 2.101 and 12.212.
What Is Covered
Privacy Shield Overview & Our Obligations
The ZippyDB™ acknowledges that EU and Swiss individuals have the right to access the personal information that we maintain about them. An EU or Swiss individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct their query to privacy@ZippyDB.com. We will respond within a reasonable time frame. For more information, see section 9. You may also access certain information through your Control Panel, as described below.
We have further committed to refer unresolved privacy complaints under the Privacy Shield Principles to BBB EU PRIVACY SHIELD, an alternative dispute resolution provider operated by the Council of Better Business Bureaus located in the United States. if your complaint is not satisfactorily addressed or If you do not receive a timely acknowledgement, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.
As a last resort and under certain conditions, you may have the right to invoke binding arbitration before a Privacy Shield panel for complaints regarding Privacy Shield not resolved by any of the other Privacy Shield mechanisms.
Information Collected & Information Handling Practices
When you sign up for Services, we collect information from you that includes your name, email-address, billing address, payment information, address information, and secondary contact information. This is referred to as the “Customer Record.”
You may access your Customer Record, and make changes, through your Control Panel.
We use the Customer Record to communicate with you, collect payment and to establish ownership of the Services.
When you contact us for support for your services you will be asked to match certain information that is in your Customer Record. This information will be used to identify you personally. In the course of providing support to you, we may annotate the Customer Record with information disclosed while providing support.
Please note that, in some cases, we may require you to verify your identity by providing a copy of a government-issued ID, to support our legitimate business interest in guarding against fraud and malicious activity on our systems and services. This information is used only for the purpose of verifying your identity and for no other purpose, and we suggest you place a watermark on your document when sending a copy, such as “for ZippyDB™ order verification only.”
How We Use and Share Information
Customer Record information will be used to facilitate our performance of our obligations under our contract with you or in order to take steps at your request prior to entering into such a contract. For that purpose, information in the Customer Record will be provided to third-party business partners whose products are incorporated into the Services, including providers of software, SEO services, storage services, support services, payment processors, and domain registrars. It may also be provided to our marketing and advertising partners unless you opt out as described below. To improve the overall user experience, we may also send you email reminders of your incomplete or abandoned orders.
Unless you opt out as described below, your email address may be shared with third parties who may use it to market to you.
The Customer Record may be provided in response to a lawful request of law enforcement officials or other public authorities, including to meet national security or law enforcement requirements, to, civil litigants, and as otherwise required by law, or as is necessary to protect our business.
To limit the use and disclosure of your personal information (i.e., to opt out), please submit a written request to privacy@ZippyDB.com.
Each time you, your customer, or an entity accessing the Services through you, accesses the Services, we collect the IP address, the browser type, the length of time the Services were accessed, the resources used during the time accessed, and where you go on the site (Log Information).
Log Information is used to bill you, to understand how our Services are used, and to optimize our network.
Log Information in the aggregate (de-identified) may be used by third parties to help us market our services, and to market services to our customers in general.
Log Information may be used to display advertising on our site.
The Log Information may be provided to law enforcement officials, civil litigants and as otherwise required by law, or as is necessary to protect our business.
Cookies are used to keep you logged into the site, track where you have been, and in some cases display advertising to you.
Cookie information is transmitted to third parties and may be used for advertising.
You may disable cookies on your browser, but certain aspects of our site will not display properly without them.
“WHOIS” is a query and response protocol that is widely used for, among other things, checking information about ownership of a domain name.
The contact information that you provide to us to register your domain name is available for public viewing in many places. We are required to provide this information to domain name registrars.
We do offer, through a third party, WHOIS privacy. WHOIS privacy services use a proxy identity in lieu of yours. However, this proxy does not mean that your information is private. Only that it will not be displayed pursuant to a WHOIS query.
You can hide your domain contact information by purchasing WHOIS privacy for your domain. It is an add-on service and cannot be activated automatically with domain registration / renewal.
We are required to disclose WHOIS information, including WHOIS information that is subject to WHOIS privacy, pursuant to ICANN requirements and the law.
We may use automated identification tools like Google Analytics (Information Tools). Each of these Identification Tools work differently, however, they all collect information related to the website you came to us from, your operating system, browser type, where you go on our website, length of time on our website, and where a you go after visiting our website. In addition, Identification Tools may keep you logged into our system. From time to time, we may use Identification Tools that will be used to serve advertising and other information to you after they visit our website. Because the technologies underlying Identification Tools differ, you may, or may not, be able to choose not to provide information to them.
Support Information; AQ and Forum Information
We offer you the ability to exchange information about our services, and your experiences with these services (Forum Information). Forum Information is publicly accessible and may be indexed by search engines and other tools. You are not required to disclose information that will identify you personally in order to participate in these tools. All Forum Information may be accessed and used by third parties for purposes known and unknown to us.
We take the security of our network very seriously. To ensure network security, data integrity and privacy, we use programs that monitor network traffic and access to its network. These programs collect information regarding your use of our services, website and network (Traffic Information). Traffic Information may be disclosed to security monitoring firms, as required by law, and to our vendors who believe the security of either their network, or our network, has been compromised. This information may contain personally identifiable information.
Data Storage and Retention
We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to comply with applicable legal, tax or accounting requirements; to enforce our agreements; or to comply with our legal obligations). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing, until deletion is possible.
Your Rights with Respect to Your Personal Data
If applicable, you have the right to:
information about the processing of your personal data;
obtain access to the personal data we hold;
ask for correction of incorrect, inaccurate, or incomplete personal data;
request that certain personal data be erased;
object to the processing of your personal data for marketing purposes and under certain circumstances;
in certain cases, request the restriction of processing of your personal data; and
data portability, by requesting a .json file so that you can send it to another controller; and
lodge a complaint with an EU Data Protection Authority.
Where applicable, you also have the right to withdraw consent to processing your personal data at any time; provided that, in such case, you will be unable to continue as our customer and, if you represent an entity that is using our services, that entity will be required to provide substitute information to continue as our customer.
Service Level Agreement (SLA)
ZippyDB™ strives for 100% up-time and has a responsibility to provide top quality service and support for our customers. As such we have the following service level agreement (“SLA”) and guarantees:
- We will use commercially reasonable efforts to make the Services fully controlled by us available 100% of the time during each monthly billing cycle. If we are unable to meet this service level, we agree to;
- Multi-Availability Zone Customers: Credit your next invoice 1% of the invoice amount for each 1 minutes of downtime, up to 100% of your next month’s invoice.
- Single-Availability Zone Customers: Credit your next invoice .25% of the invoice amount for each 1 minutes of downtime, up to 50% of your next month’s invoice.
- Our SLA does not apply to;
- Downtime caused by you
- Downtime due to factors outside our reasonable control (for example, natural disasters, war, acts of terrorism, riots, government action or a network or device failure at your site or between your site and our Services, or networks outside our control).
- Our SLA is your sole and exclusive remedy for defects in the Service.
Our downtime detection starts at 2 minutes. Partial minutes of downtime will not be credited
To receive a Service Credit, you must log a support ticket with ZippyDB™ within 7 days of the downtime event, and request a credit with respect to such event. The request must include the instance(s) that were impacted, the duration, and any logs or details required to verify the event. ZippyDB™ has sole discretion to determine downtime duration and credit amount.
Definition of Downtime
Downtime is the total accumulated minutes which a ZippyDB™ service has been deployed by Customer but is unavailable. A service is considered unavailable for a duration when continuous attempts by Customer to establish a connection to the deployed service fails. Downtime does not include scheduled downtime for maintenance or upgrades.