These terms are the agreement between Tidewater Data, Inc. (“Tidewater”) and the organisation that creates a workspace (“you”). Tidewater is a fictional company, and these terms are written as a real company’s would be, for a demonstration site.
1. The service
Tidewater provides software that monitors data pipelines and reports on their freshness, volume, schema and lineage, and that sends alerts. We may improve the service over time. If we make a change that removes a feature you rely on, we will tell you at least 60 days ahead.
2. Your account
You must give accurate information when you sign up, keep your credentials safe and tell us at once if you think they have been misused. You are responsible for what happens under your account, including the actions of the people you invite. A person using the service for your organisation must be authorised to bind it to these terms.
3. Acceptable use
You agree not to:
- use the service to break the law or the rights of others
- try to access another customer’s workspace or data
- probe, scan or test the service for weaknesses without our written permission, except through our security disclosure programme
- send more load than your plan allows, or work around rate limits
- resell the service without a written agreement
We may suspend access if use puts the service or other customers at risk. We will contact you first when we can.
4. Plans, payment and tax
Plans and prices are on the pricing page. Paid plans renew each month or each year, as you chose, until cancelled. Fees are in US dollars and exclude taxes, which you pay where they apply. Charges for pipelines above your included count are billed at the end of the month in which they occur. Fees already paid are not refundable, except where the law requires it or where we end the service for reasons other than your breach.
If a payment fails we will tell you and retry for 14 days. After that, the workspace moves to the Free plan, and data beyond the limits of that plan is deleted after a further 30 days.
5. Your data
You own your data. You give us the right to process it only to provide the service to you, as described in our data processing agreement. We own the service and the aggregated, non-identifying statistics we derive from its operation.
6. Confidentiality
Each of us will keep the other’s non-public information confidential, use it only for this agreement and protect it as we protect our own. This does not apply to information that is public through no fault of the receiver, was already known, or must be disclosed by law.
7. Availability and support
Business and Enterprise plans include an uptime commitment and support response times, as stated on the pricing page and in your order. Other plans are provided on a reasonable efforts basis. Current status is on the trust page.
8. Warranties and disclaimers
We will provide the service with reasonable skill and care. Except as stated here, the service is provided as it is. We do not promise that it will be uninterrupted or free of errors, or that it will find every problem in your data.
9. Liability
Neither of us is liable for indirect or consequential losses, or for loss of profit. Each party’s total liability under this agreement in any 12 month period is limited to the fees you paid in that period. These limits do not apply to liability that cannot be limited by law, to your obligation to pay fees, or to breach of confidentiality.
10. Ending the agreement
You can cancel at any time in the app. Cancellation takes effect at the end of the current billing period. Either of us can end the agreement if the other commits a serious breach and does not fix it within 30 days of written notice. When the agreement ends, we will let you export your data for 30 days and then delete it, except where the law requires us to keep it.
11. Changes to these terms
We may update these terms. If a change matters, we will give you at least 30 days’ notice by e-mail. If you do not agree, you can cancel before it applies.
12. Law and contact
These terms are governed by the laws of the State of Maine, United States, and the courts in Cumberland County have jurisdiction. Write to legal@saas.phoenixcodes.org with any question about them.