Terms and Conditions

1. Definitions

The following terms have the meanings set forth below. Throughout this document, "we," "us," "our," or "Kodagram" refer to kodagram.com and any applications, services, or platforms available through kodagram.com.

"kodagram.com" means the website located at kodagram.com, including all pages, content, and functionality, as well as any associated software applications or services operated by Kodagram.

"Data Mode" means the desktop database migration application developed by Kodagram, enabling data transfer, replication, and comparison between database platforms.

"User" means any natural or legal person who accesses, browses, or uses kodagram.com or any application or service provided through kodagram.com.

"User Account" means a registered account created by a User to access licensed features, manage subscriptions, and store personal settings.

"Services" means all applications, features, functionality, capabilities, and content provided through kodagram.com, including but not limited to database migration applications, synchronization features, support services, and documentation.

"Trial" means a time-limited, no-cost evaluation period during which a User may access certain features of Services to evaluate the software.

"Subscription" means a paid license granting ongoing access to Services, subject to the terms of the selected pricing tier.

"License" means the authorization granted to a User to use the Services, whether as part of a Trial or Subscription.

"Database Engine" means any database platform supported by the Services.

"Migration" means the transfer of data from one database platform to another.

"Synchronization" means the process of keeping two or more databases in a consistent state by transferring only changed or new records.

2. Introduction

By accessing or using kodagram.com or any Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or use the Services.

These Terms and Conditions constitute a legally binding agreement between you ("User") and Kodagram governing your access to and use of kodagram.com and all Services.

We reserve the right to update, modify, or replace these Terms and Conditions at any time. Your continued use of the Services following any such changes constitutes your acceptance of the new Terms and Conditions.

3. Acceptable Use

Permitted Uses

You may use the Services for their intended purpose, which includes:

Evaluating the software during a Trial period
Using Data Mode for database migration, replication, and comparison tasks
Accessing documentation, support resources, and other content provided through kodagram.com

Prohibited Activities

You agree not to:

Use the Services for any unlawful purpose or in violation of these Terms and Conditions
Attempt to gain unauthorized access to any part of the Services, other User accounts, or our systems
Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software
Copy, modify, or distribute the Software except as expressly permitted
Use the Services to transmit viruses, malware, or other harmful code
Engage in any activity that interferes with or disrupts the Services or their underlying infrastructure
Use automated tools (bots, scrapers) to access the Services without our prior written consent
Resell, lease, or sublicense the Services to third parties without authorization
Use the Services to store or transmit content that infringes intellectual property rights of others

We reserve the right to suspend or terminate access for Users who violate these acceptable use provisions.

4. User Accounts and Registration

Account Registration

To access the Services, you must create a User Account. During registration, you must provide accurate, current, and complete information, including a valid email address. You are responsible for maintaining the accuracy and completeness of your account information.

We offer the following account types:

Personal Account: For individual Users
Business Account: For companies and organizations with multiple team members
Enterprise Account: For large organizations requiring dedicated support and advanced features

Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password and any authentication methods used (such as OAuth). You agree to:

Choose a strong, unique password
Not share your account credentials with others
Notify us immediately of any unauthorized access or security breach
Accept responsibility for all activities that occur under your account

You may register using your email and password, or through third-party authentication providers (such as Google or Microsoft) via OAuth. When using OAuth, you authorize us to access basic profile information from your third-party account as needed for account creation and management.

Account Responsibilities

You agree to:

Use your account only for lawful purposes
Not create more than one account unless explicitly permitted
Not impersonate any person or entity
Promptly update your account information if it changes

We reserve the right to suspend or terminate accounts that violate these terms or for any other reason at our sole discretion.

5. Licensing and Intellectual Property

License Grant

Subject to these Terms and Conditions and payment of applicable fees, Kodagram grants you a limited, non-exclusive, non-transferable license to use the Services during your Subscription period.

Trial License

During the Trial period, you may use the Services at no cost to evaluate the software. Trial versions may include watermarks, limited features, or other restrictions as designated by Kodagram. The Trial license is for evaluation purposes only and does not constitute a commercial license.

Subscription License

A valid Subscription is required to continue using the Services after the Trial period ends. Your Subscription license permits:

Installation of Data Mode on up to two (2) computers per license
Single-user access (the license is tied to your User Account and may not be shared)

Intellectual Property Ownership

The Services, including all software, documentation, logos, trademarks, and content available through kodagram.com, are owned by Kodagram and are protected by copyright, trademark, and other intellectual property laws. You acknowledge that Kodagram retains all right, title, and interest in and to the Services.

User Data Ownership

You retain ownership of all data that you process, transfer, or store using the Services ("Your Data"). You grant Kodagram a limited license to access and process Your Data solely as necessary to provide the Services.

Restrictions

You may not:

Sublicense, sell, rent, or lease the Services to third parties
Use the Services beyond the scope of your license
Remove, modify, or obscure any proprietary notices on the Services
Reverse engineer, decompile, or disassemble any part of the Services

6. Data Privacy and Protection

Data Collection

We collect the following information to provide and improve our Services:

Account Information: Name, email address, and company information provided during registration
Technical Data: IP address, browser type, device information, and usage patterns when accessing the Services
Usage Analytics: Information about how you use the Services to help us improve functionality and user experience

Data Usage

We use your data solely for:

Providing and maintaining the Services
Analyzing usage patterns to improve our products and services
Communicating with you regarding your account and support requests
Complying with legal obligations

We do not sell your personal data to third parties.

GDPR Compliance

For Users in the European Economic Area (EEA), we comply with the General Data Protection Regulation (GDPR). Under GDPR, you have the following rights:

Right to Access: You may request a copy of the personal data we hold about you
Right to Rectification: You may request correction of inaccurate personal data
Right to Erasure: You may request deletion of your personal data ("right to be forgotten")
Right to Data Portability: You may request your data in a machine-readable format
Right to Object: You may object to processing of your data for certain purposes

To exercise these rights, contact us at the email address provided in Section 14.

Data Security

We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.

Data Retention

We retain your personal data only for as long as necessary to provide the Services and fulfill the purposes outlined in this policy. Upon account deletion, we will delete or anonymize your personal data within a reasonable timeframe, except where required by law to retain it.

7. Payment, Billing, and Subscriptions

Trial Period

We offer a 14-day free Trial for new Users to evaluate the Services. During the Trial period, you may access certain features of Data Mode at no cost. Trial versions may include watermarks, limited features, or other restrictions as designated by Kodagram. At the end of the Trial period, you must purchase a Subscription to continue using the Services.

Subscription Tiers

We offer the following Subscription options:

Monthly Subscription: Billed monthly, cancellable at any time
Yearly Subscription: Billed annually, cancellable at any time (with savings compared to monthly)

Pricing for each tier is displayed on kodagram.com at the time of purchase. We reserve the right to modify pricing at any time. Any price changes will apply to the next billing cycle following notice.

Payment

Payment is processed through third-party payment processors. By providing payment information, you authorize us to charge the applicable fees to your payment method. You agree to maintain valid payment information and authorize us to charge fees for your Subscription.

Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel. By starting your Subscription, you authorize us to automatically charge the applicable renewal fees to your payment method on file. You may cancel auto-renewal at any time through your User Account settings or by contacting support.

Refund Policy

We offer a 30-day full refund policy for new Subscriptions. If you are not satisfied with the Services, you may request a full refund within 30 days of your initial purchase. After 30 days, refunds are not available, but you may cancel your Subscription at any time to prevent future charges.

Refunds are issued to the original payment method. Processing times may vary depending on your payment provider.

Price Changes

We may change subscription prices at any time. Price changes will be communicated via email or through the Services. If you do not agree to a price change, you may cancel your Subscription before the change takes effect.

8. Warranties and Disclaimers

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KODAGRAM DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
THE SERVICES WILL MEET YOUR REQUIREMENTS
ANY ERRORS OR DEFECTS WILL BE CORRECTED

YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES MAY CONTAIN BUGS, ERRORS, OR OTHER LIMITATIONS.

Service Availability

We strive to keep the Services available and operational, but we do not guarantee continuous, uninterrupted access. We may suspend or restrict access for maintenance, upgrades, or due to circumstances beyond our control. We make no warranties regarding the availability or uptime of the Services.

Support

Email support is included with your Subscription. We will make reasonable efforts to respond to support inquiries in a timely manner, but we do not guarantee response times or resolutions. Support is provided in English only.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KODAGRAM, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
ANY CONTENT OBTAINED FROM THE SERVICES
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR DATA

OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification

You agree to indemnify, defend, and hold harmless Kodagram, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

Your use of the Services
Your violation of these Terms and Conditions
Your violation of any third-party rights, including intellectual property rights or privacy rights
Your Data or content that you submit through the Services
Any inaccurate information you provide during registration

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

11. Termination

Termination by You

You may cancel your Subscription at any time through your User Account settings or by contacting support. Upon cancellation, you will retain access to the Services until the end of your current billing period. No refunds will be provided for the remaining billing period unless otherwise required by law.

Termination by Us

We may suspend or terminate your access to the Services, in whole or in part, at any time, with or without notice, for any reason, including but not limited to:

Violation of these Terms and Conditions
Non-payment of fees
Request by law enforcement or other governmental authorities
Discontinuation of the Services
Suspicion of illegal activity or fraud

Effect of Termination

Upon termination:

Your right to use the Services immediately ceases
Your User Account may be deactivated
You must cease all use of the Services and destroy any copies of the software in your possession
Sections that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability

12. Governing Law and Dispute Resolution

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Croatia, without regard to its conflict of law provisions.

Dispute Resolution

If you have any dispute with us arising from these Terms or the Services, you agree to first contact us and attempt to resolve the dispute informally.

Litigation

If we cannot resolve the dispute informally, any disputes shall be subject to the exclusive jurisdiction of the competent court in Zagreb.

You acknowledge that you are waiving your right to a jury trial and to participate in a class action lawsuit.

Exceptions

Notwithstanding the foregoing, we may seek injunctive or other equitable relief in the competent court in Zagreb to protect our intellectual property rights.

13. Changes to Terms

We reserve the right to modify, update, or replace these Terms and Conditions at any time. If we make material changes, we will:

Post the updated Terms on kodagram.com
Send an email notification to the address associated with your User Account
Display a notice in the Services

The updated Terms will be effective upon posting or the date specified in the notice. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

If you do not agree to the updated Terms, you must stop using the Services and may cancel your Subscription.

14. Contact Information

If you have any questions about these Terms and Conditions, please contact us at:

Email: support@kodagram.com

Website: kodagram.com

We will respond to inquiries within a reasonable timeframe.

Last updated: February 24, 2020

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