These Terms, together with our Privacy Policy, Acceptable Use Policy, Refund & Cancellation Policy, Data Processing Addendum, and any order or plan details you accept (together, the “Agreement”), govern your access to and use of the Services. If you use the Services on behalf of an organisation, you represent that you have authority to bind that organisation, and “you” refers to that organisation.
WattleDB provides an Australian-owned, Australian-hosted Backend-as-a-Service. Subject to the Agreement, we grant you a non-exclusive, non-transferable right to access and use the Services during your subscription. To use the Services you must be at least 18 years old and able to form a binding contract. The Services are intended for business and development use.
You must provide accurate account information and keep it up to date. You are responsible for all activity that occurs under your account, for maintaining the confidentiality of your credentials, and for the acts and omissions of your users. You must notify us promptly at support@wattledb.com.au if you suspect any unauthorised use of your account. We may enable multi-factor authentication and other security features, and we recommend you use them.
The Services are offered on tiered subscription plans. The plan you select, its features and its price are shown at the point of purchase. Unless stated otherwise, subscriptions renew automatically for successive billing periods (monthly or annually) until cancelled.
We invoice you in advance for each billing period and you pay that invoice. We do not hold your card or bank details and we do not debit you: no amount is taken from you automatically, and there is no direct debit arrangement to authorise. Each invoice is issued as a GST tax invoice, emailed to your billing address and available in the console, and is payable within the period stated on it (7 days unless we have agreed different terms with you in writing).
If an invoice is not paid by its due date, we may suspend the Services after a short further period, in which case your database is paused and its object storage becomes read-only, and your data is retained. You can still download files already in your bucket, but no new files can be written to it. Paying the invoice restores the Services. If an invoice remains unpaid after that, we may delete the database and its data, but only after we have sent you further written warnings, the last of which states the date on which deletion will occur. We will not suspend the Services over an invoice we were unable to deliver to you.
Fees are stated in Australian dollars. Unless otherwise stated, Fees are exclusive of GST; where GST applies to a supply under the Agreement, you must pay the GST-inclusive amount and we will provide a valid tax invoice.
We may change our Fees. For recurring subscriptions, we will give you at least 30 days' notice of a price change before it applies to your next renewal. If you do not agree to a price change, you may cancel before it takes effect.
You can cancel at any time from the console; cancellation takes effect at the end of your current billing period. Refunds are governed by our Refund & Cancellation Policy and your rights under the ACL.
We may offer private beta, trial or pre-release features that are identified as such. These are provided “as is” for evaluation, may be changed or withdrawn at any time, may not be as reliable as generally available features, and (to the extent permitted by law, and without limiting your ACL rights) are provided without warranties or service commitments. You should not rely on beta features for production workloads without keeping your own backups.
You own your Customer Data. We do not claim ownership of it. You grant us a limited licence to host, copy, transmit, process, back up and display Customer Data solely as necessary to provide and support the Services, to keep them secure, and as you instruct.
You are responsible for the accuracy, quality and legality of your Customer Data and for having the rights and consents needed to use it with the Services. Where your Customer Data contains personal information, our respective roles and obligations are set out in the Data Processing Addendum.
Australian ownership. We host Customer Data on Australian-owned infrastructure located in Australia and do not, in the ordinary course, transfer it overseas, consistent with our Privacy Policy.
Backups & export. We maintain automated backups as part of the Services; however, you remain responsible for maintaining your own copies of critical data. On termination, you may export your Customer Data as described in section 17.
You must use the Services lawfully and in accordance with our Acceptable Use Policy, which forms part of the Agreement. Breach of that policy is a breach of these Terms and may result in suspension or termination.
We aim to keep the Services available and reliable, but access may be interrupted for maintenance, updates, or events beyond our control. Where practicable, we will give advance notice of planned maintenance. Our uptime commitments for paid, always-on databases and their auto-generated REST API are set out in our Service Level Agreement. Services and features outside that SLA — including object storage, Free-tier databases, and features marked “coming soon” — are provided on a commercially reasonable-efforts basis. Support is provided through the channels described on our website for your plan.
The Services may interoperate with third-party products or services (for example, payment providers). Your use of a third-party service is governed by that third party's terms, and we are not responsible for third-party services. We select our infrastructure and processing partners with Australian ownership and security in mind, as described in our Privacy Policy.
As between the parties, we and our licensors own all intellectual property rights in the Services, including the platform, software, documentation, and the WattleDB name and branding. Except for the rights expressly granted to you, no rights are transferred. You must not copy, modify, reverse engineer, resell or create derivative works of the Services except to the extent this restriction is prohibited by law. If you give us feedback or suggestions, you grant us a perpetual, royalty-free licence to use them to improve the Services.
Each party may receive confidential information of the other. Each party will protect the other's confidential information with reasonable care, use it only to perform under the Agreement, and not disclose it except to personnel and advisers who need it and are bound by confidentiality. This does not apply to information that is public, independently developed, or required to be disclosed by law.
Your rights under the Australian Consumer Law. Our Services come with guarantees that cannot be excluded under the ACL. Nothing in the Agreement excludes, restricts or modifies any consumer guarantee, right or remedy that you have under the ACL or any other law where to do so would be unlawful. For major failures with a service, you are entitled to cancel your service contract and to a refund for the unused portion, or to compensation for its reduced value; and you are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion.
To the extent we are entitled to do so, and where the ACL permits limiting rather than excluding liability, our liability for breach of a non-excludable guarantee (other than a guarantee under sections 51 to 53 of the ACL) is limited, at our option, to re-supplying the Services or paying the cost of having them re-supplied.
Except for the guarantees and rights you have under the ACL and other non-excludable laws, and any express warranties in the Agreement, the Services are provided “as is” and “as available”, and we do not warrant that they will be uninterrupted, error-free, or free from harmful components, or that they will meet your specific requirements. You are responsible for configuring and using the Services appropriately and for maintaining your own backups of critical data.
Nothing in this section limits liability that cannot be limited by law, including under the ACL. Subject to that:
Each party must take reasonable steps to mitigate its loss.
You agree to indemnify us against liabilities, losses and reasonable costs we incur arising from your Customer Data, your breach of the Acceptable Use Policy, or your unlawful or infringing use of the Services, except to the extent caused by our own breach or negligence. Our right to be indemnified is reduced to the extent we contributed to the loss.
By you. You may terminate by cancelling your subscription and closing your account.
By us. We may suspend or terminate your access if you materially breach the Agreement (including non-payment or breach of the Acceptable Use Policy) and, where the breach is capable of remedy, do not remedy it within a reasonable time after notice; if required by law; or to protect the integrity or security of the Services (in which case we will limit any suspension to what is reasonably necessary).
Effect of termination. On termination, your right to use the Services ends and any outstanding Fees for the current period become payable. You may export your Customer Data at any time while the Services are active, in a commonly used format, using standard PostgreSQL tooling over the connection strings we provide. You should take an export before terminating or deleting a database: deletion is immediate and irreversible, and we present a warning before you confirm. Following termination we delete your Customer Data from active systems, and the backups and archived write-ahead logs held for that database in object storage are destroyed at the same time, normally within minutes, except where we are required to retain it by law. Sections that by their nature should survive termination (including sections 7, 11–16, 20 and 22) survive.
We may improve and change the Services over time. We may also update these Terms; the current version is always available at wattledb.com.au/terms.html. For material changes that affect your rights, we will give you reasonable advance notice (for example, by email or in-console notice) before they take effect. If you do not agree to a material change, you may cancel before it takes effect; your continued use after that date constitutes acceptance.
Neither party is liable for a failure or delay in performing its obligations (other than payment obligations) to the extent caused by events beyond its reasonable control, including natural disasters, failures of telecommunications or power, denial-of-service attacks, or acts of government.
The Agreement is governed by the laws of New South Wales, Australia, and each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them. Before commencing proceedings (other than for urgent interlocutory relief), the parties will attempt in good faith to resolve any dispute by discussion. Nothing in this section limits your rights under the ACL or your ability to lodge a complaint with a regulator.
We are a small Australian company and you are entitled to plan for the possibility that we stop trading or discontinue the Services. Two things follow, and we would rather write them down than leave you to wonder.
Notice. If we decide to discontinue the Services, we will give you at least 30 days’ written notice by email to your account address, and your data will remain available for export throughout that period. We will not withhold your data over an unpaid invoice in that situation.
You are not locked in, and that is deliberate. WattleDB runs standard
PostgreSQL, the REST API is the open-source PostgREST project, and object storage speaks the
ordinary S3 protocol. There is no proprietary format, database engine or API in the way. You can
take a pg_dump of your database and a copy of your bucket at any time, without asking
us, and restore it onto any PostgreSQL provider or your own hardware. That is the practical answer
to “what if you are not here in two years”: your data does not depend on us being here.
Nothing in this section limits your rights under the Australian Consumer Law.
We may give notices to you by email to your account address or by posting in the console. You may give us formal notices by email to legal@wattledb.com.au. Notices are taken to be received when sent, unless the sender knows delivery failed.
RR Sols Pty Ltd (trading as WattleDB)
ABN 56 672 722 486
Legal: legal@wattledb.com.au · Support: support@wattledb.com.au
Post: Bardia NSW 2565, Australia