Terms of Service

Lost Modified: Feb 13, 2023

Gudu software owns and provides various websites (the “Websites“), services, and software that facilitate SQL analyzing and data lineage visualization, collectively, the “Services.” Please read these Terms of Service (“Terms,” “Terms of Service”) carefully before using the gudusoft.com website (the “Service”) operated by Gudu software.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.

By accessing and using the services in whole or in part, you accept and agree to be bound by the terms set forth below (“terms,” “terms of service,” “terms of service”). If you represent a company, you agree that you are authorized to accept these terms of service on behalf of your company. By accessing and using the services in whole in or in part, you agree on behalf of you and your company to be bound by these terms of service.

In these Terms of Service, we may refer to Gudu software, and “you” shall refer to you and, where applicable, to your company. Any and all use of the Services is subject to these Terms of Service. If you do not agree to be subject to these Terms of Service, do not use the Services.

By continuing to use the services, you agree to be bound by these terms of service.

Gudu software reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the terms of service at any time, with or without notice to you. Please check these terms of service for changes. Your continued use of the services after the posting of any changes to the terms of service will signify your acceptance of those changes.

Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Services after any such changes shall constitute your consent to such changes. These Terms of Service cover your use of the Services, and you agree that these Terms of Service apply to your use of the Services. “Users” or Accounts shall refer to any and all individuals or organizations using the Services.

Account registration

You must register to access and use certain parts of the Services. One person or legal entity may not maintain more than one free account.

When you enter or try to use a part of the Services that require registration, you will be prompted to create an account(a”User Account”)or log into your existing User Account. You understand that if you are so prompted, you will not continue using that portion of the Services without having a User Account.

If you register on behalf of a company, you agree that you have the requisite authority to register on behalf of such company. You agree that any information you provide when registering for the Services and at any time thereafter is true, accurate, and complete. That, where applicable, you will update all such information as necessary to maintain its truth, accuracy, and completeness. Failure to do so shall constitute a breach of these terms of service.

You are responsible for maintaining your password’s confidentiality and will be solely liable for all actions taken via your account, whether or not made with your knowledge or authority.

Gudu software cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

Use of the Services

Gudu software grants you a non-exclusive license to access and use the Services according to these Terms of Service. You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, make commercial use of, or distribute the Services, in whole or in part.

Gudu software shall use all commercially reasonable efforts to make its Services available 24 hours a day, 7 days a week, except for (a) planned downtime, or (b) any unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or Internet service provider failures or delays.

Gudu software shall provide you with basic online support for the Services at no additional charge and/or upgraded support if purchased separately, and shall provide the Services only under applicable laws and government regulations.

The premium account of the Gudu SQLFlow Cloud version able to process 10K SQL statements per month or 10K rest API calls per month. If your usage exceeds this limit, you contact us to upgrade your account.

Gudu SQLFlow on-premise version

Licensor grants to Licensee a non-exclusive, non-transferable license to use the Gudu SQLFlow on-premise version (the “Software”) only for the Licensee’s internal business purposes within their own organization. Licensee may not provide any service using the Software to users outside the organization.

If the licensee need to create their own service based on the software provided by the licensor and provide their service to third-party users, then the licensee should contact licensor for a sperate commercial use license.

Pricing and Payment Terms

  1. Subscription Fees: You understand that certain services require monthly and/or annual payments (“Subscription Fee”) to continue to use such services. These fees are posted and updated periodically on the Gudu software’s web site (gudusoft.com). Gudu software reserves a right to change the Subscription Fee at any time for any plan. The users will be notified 7days before this change takes an effect.
  2. Payment: Unless otherwise stated, all fees are in U.S. Dollars. A valid credit card or a PayPal payment validation is required for Subscription Fees and Transaction Fees. Free accounts are not required to provide a credit card number. An upgrade from the free plan to any paying plan will immediately be billed to you. For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your plan will NOT cause any data/content loss, but some features may become unavailable.
  3. General: You agree to pay all charges that apply to you as set forth on the Gudu software website and/or in these Terms of Service. You agree that the address and email address you provide in your account settings are valid addresses and that Gudu software may contact you at such addresses or through other electronic communications. Gudu software reserves the right to change any fees and any other pricing terms at any time and its discretion. Any changes shall be posted on the Gudu software website and will be effective after such posting. Gudu software reserves the right but has no obligation to notify you through the contact information you provide of any such changes.
  4. Refunds: Any fees paid to Gudu software by you under these Terms of Service are non-refundable. The Services are billed in advance monthly and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. Any exception to this policy is at the sole discretion of Gudu software.
  5. Nonpayment: If for whatever reason, your payment method fails and the payment does not go through, Gudu Software reserves the right to suspend your access to the Services. If you fail to pay the applicable charge within three(3) days of the date of suspension or to negotiate a payment plan for all amounts otherwise than due, Gudu Software reserves the right to cancel your account. In the even Gudu software cancels your account for non-payment. All amounts due and unpaid from you to Gudu software for the Services’ use shall become immediately due and payable. In the event of non-payment and the exhaustion of the procedures outlined in this section, Gudu Software reserves the right to seek payment using any remedies allowed to it by law. Gudu software shall have the right to recoup all payments due to it under this agreement as outlined in this agreement.
  6. Disputes: If you wish to dispute any charge invoiced to you by Gudu software, you agree to submit the disputed charge to us no later than five (5) business days after the disputed charge is posted to your account. You are responsible for reviewing any changes made to your account. You may submit a disputed charge by contacting us through the Gudu software website, email, telephone, or mail.
  7. SQLFlow Subscription: Any SQLFlow (“Monthly” or “Yearly”) subscription for any SQLFlow plans (“premium” or “on-premise”) NOT for reselling. If such activity is discovered, Gudu software reserves a right to cancel your account.
  8. Cancellation: You may downgrade or cancel your paid subscription at any time. If you do, we’ll treat your information responsibly.

Communications

Gudu software reserves the right to contact you from time to time for feedback about the Services. We may also contact you regarding service and support related issues. We reserve the right to contact you through email, notices posted on the Gudu software websites. Notices will be deemed effective when they are sent by Gudu software or as of the date they are posted, regardless of whether you actually read any such notices.

Content Ownership and Conduct

We claim no intellectual property rights over the material you provide to the Services. Your profile and materials uploaded remain yours. However, if you share your pages/diagram to be viewed by others, you agree to allow others to view your Content.

You acknowledge that you are responsible for the information and content that you produce, import, store, and access to the Services (“Content”), and that you will have full responsibility for the Content, including its legality, reliability, appropriateness, originality, and copyright. You further agree that you will not upload, post, or otherwise make available on the Services any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark, or other proprietary rights, and the burden of determining that any such right does not protect any material is on you.

You shall be solely liable for any damage resulting from copyright infringement, trademarks, proprietary rights, or any other harm resulting from the content.

You retain ownership of any copyrights or other intellectual property rights applicable to any content you produce using services.

Gudu software serves the right, but not the obligation, to remove any Public Content which violates this agreement. When using the Services, you may be exposed to Public Content from a variety of sources, and Gudu software is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Public Content, which may be inaccurate, infringing, offensive, indecent, or objectionable. Gudu software does not guarantee any confidentiality concerning any Public Content and will not treat any Public Content as confidential. You understand that you and other users may create, post, submit or otherwise display Content and other information using the Services.

Intellectual Property

Gudu software retains all rights in and to, including without limitation, the copyrights, patents, trade secrets, trademarks, or service marks in or relating to the Services (collectively the “Gudu software Intellectual Property”) that are the exclusive property of Gudu software. We do not transfer any rights in or to the Gudu software Intellectual Property to you.

Content of the Services that incorporates or includes any of the Gudu software Intellectual Property may not be used, copied, reproduced, distributed, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Gudu software or the rightful owner, as applicable.

Termination

 Upon termination of your use of the Services for any reason, all of your rights to access and use any and all parts of the Services shall immediately terminate.

Changes to the Services

Gudu software has the right to change or modify, upgrade, add to, or discontinue the Services or any portion or feature thereof at any time without notice. Gudu software also reserves the right to assign any rights, licenses, or obligations arising out of or relating to these Terms of Service or the Services without restriction.

Law and jurisdiction

 These terms and conditions will be governed by and construed by Hong Kong laws, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Hong Kong. If you have any questions about this privacy policy or how we handle your personal information, please email us at support@gudusoft.com.

Marketing

You authorize Gudu software to use your name, logo, and any associated trademarks for marketing purposes by placing your logo on Gudu software’s website or marketing materials solely for marketing purposes. In turn, Gudu software authorizes and encourages your cross-marketing of Gudu software’s name, logo, and any associated trademarks on your website.

Warranty Disclaimer

The services are provided “as is,” “with all faults,” and “as available.” You agree that your use of the services shall be at your sole risk. Gudu software does not guarantee that users will be able to access the services at all times or places, that Gudu software will have adequate capacity for all users, or that the services will be operable with your equipment.

Gudu software makes no warranties or representations about the content of any web sites linked to the services. Gudu software does not warrant, endorse, guarantee, or assume responsibility for any product or services provided, advertised, or offered by a third party through the services or any linked web site or featured in any advertising, and Gudu software will not be a party to or in any way be responsible for monitoring any transaction between you and any third party.

You understand that Gudu software uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.

In no event shall Gudu software, its officers, directors, employees, or agents be liable to you for any indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any

  1. errors, mistakes, or inaccuracies of the content of the service,
  2. personal injury or property damage, of any nature whatsoever, resulting from your use of the services,
  3. any unauthorized access to or use of our servers and/or any and all personal information stored therein,
  4. any interruption or cessation of transmission to or from the services or interoperability problems,
  5. any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party,
  6. any errors or omissions in any content,
  7. user submissions or the defamatory, offensive, or illegal conduct of any third party,
  8. your use or inability to use any portion of the services or for any loss or damage of any kind (including your data) incurred as a result of your use of the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.