Draft. This document is awaiting legal review and may change before Galactus Cloud opens to all customers.
These terms apply when you order a hosted Galactus DB database ("Galactus Cloud") from galactusdb.com. They do not apply to self-hosted Galactus DB, which is covered by its licence.
Galactus Cloud is for business use only. By ordering you confirm that you are acting for a business, trade or profession and not as a consumer. If you are a consumer, or if these terms do not suit you, please run Galactus DB yourself under a self-hosted licence instead.
Beta
Galactus Cloud is in beta. While it is, and until we announce general availability with at least 30 days' notice:
- we may add, change or remove features, sizes, regions and limits, and change how the service is run;
- we may change prices and these terms on at least 30 days' notice (sections 5.3 and 12.1); you may cancel before a change applies to you;
- the availability commitment and service credits in the Service Level Agreement do not apply; every Deployment is provided on a best-effort basis;
- everything else in these terms, including your data, notice of ending the service (section 7) and deletion, applies in full.
We are planning to move Galactus DB into a new company of its own. Until then Galactus Cloud is provided and billed by the company named in section 1, and your card statements and invoices will show it. See section 12.2 for what happens when it moves.
1. Who we are
Galactus Cloud is provided by Boowm Ltd, trading as Galactus DB ("we", "us"), a company registered in England and Wales with company number 12070064 and registered office at 184-200 Pensby Road, Heswall, Wirral, CH60 7RJ, England. Our VAT registration number is GB441776405. You can contact us at hello@galactusdb.com, through galactusdb.com/contact or a support ticket from your account.
"You" means the business that places the order. The person ordering confirms they are authorised to bind it.
2. The agreement
These terms, the Service Level Agreement, the Acceptable Use Policy and the Data Processing Agreement together form the agreement between us ("Agreement"). You accept them by ticking the box when you order. If they conflict, the Data Processing Agreement wins on personal data, then these terms.
3. The service
3.1 Each Galactus Cloud instance ("Deployment") is a single Galactus DB server on its own virtual machine and encrypted disk, run by us on Amazon Web Services ("AWS") in the region you choose, with a TLS hostname, an optional IP allowlist and daily backups kept for the period you choose. Each Deployment can run several databases, besides the internal system database: up to 5 on Starter sizes and up to 20 on Pro sizes. Fees are per Deployment, whatever the number of databases on it.
3.2 Each Deployment runs on a single machine in a single AWS availability zone. It has no automatic failover, replica or second copy that takes over if that machine, zone or region fails. Starter sizes use burstable machines whose sustained performance is lower than their peak.
3.3 We manage the machine. You do not get shell or operating-system access. We keep an administrative database user (sys_admin) for backups, licence installation and support; you must not remove or change it.
3.4 We may change how the service is provided (for example the machine types, software versions or the way backups work) provided we do not materially reduce what you ordered. We install Galactus DB updates and renewed licences in a maintenance window; this restarts your database for a few seconds.
3.5 We may suspend a Deployment immediately if needed to protect the service, other customers or third parties, if you breach the Acceptable Use Policy, or if required by law. We will tell you as soon as practical and restore it once the reason has gone.
4. Your responsibilities
4.1 You are responsible for your data, the users and passwords you create, who you allow to connect, and what you and your users do with the service.
4.2 Keep your own copies. We take daily backups, but they are a convenience, not a guarantee. You are responsible for keeping copies of your data that you can restore from independently (for example exports you store elsewhere).
4.3 You must comply with the Acceptable Use Policy and all laws that apply to your use and data, including data protection law.
4.4 Galactus Cloud is not designed for uses where failure could lead to death, personal injury or severe physical or environmental damage, and you must not use it for them.
5. Fees and payment
5.1 Each Deployment is billed monthly in advance at the price shown when you order, in the currency you chose, through our payment provider Stripe. The subscription renews automatically each month until cancelled.
5.2 Prices exclude VAT and other taxes, which you pay in addition where they apply. We are registered for VAT in the United Kingdom and charge VAT at the applicable rate.
5.3 We may change prices on at least 30 days' notice. A change applies from your next renewal after the notice period ends. You may cancel before then.
5.4 Fees are non-refundable, including for part months after cancellation or deletion, except where the Service Level Agreement gives a service credit or the law requires otherwise.
6. Late payment
If a monthly payment is not received when due:
| When | What happens |
|---|---|
| Due date | We tell you and keep retrying; your Deployment keeps running normally. |
| 1 day after | We warn you that it will become read-only. |
| 2 days after | The Deployment becomes read-only: reads and backups continue, writes stop. |
| 3 days after | We take a final backup and stop the Deployment. |
| 8 days after | We warn you that it will be deleted. |
| 10 days after | We delete the Deployment and end the subscription. Backups are kept until their retention period ends and then deleted. |
Paying the outstanding amount at any point before deletion restores the Deployment. We may give extra time at our discretion.
7. Cancellation and deletion
7.1 You may cancel renewal at any time from your account. The Deployment keeps running until the end of the month you have paid for. We then take a final backup and stop it, and delete it seven days later. Until the end of the paid month you can turn renewal back on.
7.2 You may delete a Deployment at any time. Deleting ends the subscription immediately with no refund. You can choose to delete its backups at the same time or later; otherwise they are deleted when their retention period ends. Deletion is permanent and we cannot recover deleted data.
7.3 We may end the Agreement or a Deployment immediately if you materially breach the Agreement (including non-payment beyond the timeline in section 6) and, where the breach can be fixed, do not fix it within 7 days of our notice.
7.4 Retiring a size or region. We may stop offering a particular size or region on at least 30 days' notice. Where we can, we will offer to move affected Deployments to an available size or region. If you do not move, the Deployment ends at the end of the notice period as described in 7.6, and we refund any fees paid for days after it ends.
7.5 Ending Galactus Cloud. We may stop providing Galactus Cloud altogether by giving you at least 60 days' notice by email and in your account. During the notice period:
- no new Deployments can be ordered;
- your existing Deployments keep running under the Agreement, including the Service Level Agreement, until the end of the notice period;
- monthly renewals continue, but we will not charge for any period after the end date, and we refund any fees already paid for days after it;
- you can download your backups and export your data at any time, and we will give reasonable help moving to self-hosted Galactus DB.
7.6 At the end of a notice period under 7.4 or 7.5 we take a final backup of each affected Deployment, then stop and delete it. Final backups stay available for you to download for 30 days and are then permanently deleted, together with all other backups and data we hold for those Deployments, unless the law requires us to keep them.
7.7 Shorter notice. We will only give less notice than 7.4 or 7.5 require, or suspend the service without notice, where the law, a court or a regulator requires it; where continuing would create a serious security risk to you, other customers or us; or where AWS, Stripe or another provider we depend on ends or suspends the services we need. In those cases we will give as much notice as we reasonably can, and the refund, download and deletion terms in 7.5 and 7.6 still apply as far as practical.
8. Your data and confidentiality
8.1 You own your data. You give us the rights we need to host, back up, copy and process it to provide the service and as described in the Data Processing Agreement. We do not access the contents of your databases except to provide the service, for support you request, to investigate a suspected breach of the Acceptable Use Policy, or where required by law.
8.2 Each party will keep the other's confidential information confidential and use it only for the Agreement.
9. Service levels
Pro Deployments come with the availability commitment and service credits in the Service Level Agreement. Starter Deployments have no availability commitment; we provide them on a best-effort basis. Service credits are your sole and exclusive remedy for any unavailability or degraded performance.
10. Warranties
Except as expressly set out in the Agreement, the service is provided "as is" and "as available", and all warranties, conditions and terms implied by statute, common law or otherwise are excluded to the fullest extent permitted by law. We do not warrant that the service will be uninterrupted or error-free or that data will never be lost.
11. Liability
11.1 Nothing in the Agreement limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded by law.
11.2 Subject to 11.1, neither party is liable for any loss of profits, revenue, business, goodwill or anticipated savings, loss or corruption of data (beyond restoring it from our backups where available), or any indirect or consequential loss, however caused.
11.3 Subject to 11.1, our total liability arising out of or in connection with the Agreement in any 12-month period is limited to the fees you paid us for Galactus Cloud in the 12 months before the event giving rise to the claim.
11.4 We are not responsible for failures or delays caused by events beyond our reasonable control, including failures of AWS, Stripe or other infrastructure and network providers, internet outages, cyber attacks we could not reasonably prevent, power failures, industrial action, or acts of government.
12. General
12.1 We may update these terms by giving at least 30 days' notice by email or in your account; the new terms apply from your next renewal after that. If you do not agree, cancel before then. We record which version you accepted. A change to these terms will not shorten the notice periods in section 7 for Deployments you already have.
12.2 You may not assign the Agreement without our consent. We may transfer or novate the Agreement, your subscriptions and our rights and obligations under them to a company in our group, or to a company formed to own or operate Galactus DB or Galactus Cloud, or to a successor to our business. We will give you at least 30 days' notice first, naming the new provider and any change to who bills you. The transfer does not reduce your rights under the Agreement. If you object, you may cancel before it takes effect, and we will refund any fees paid for days after the cancellation. By accepting these terms you agree to such a transfer and will sign any document reasonably needed to give effect to it.
12.3 Notices to you go to your account email address; notices to us go through our contact page or a support ticket.
12.4 If any provision is held invalid, the rest remains in force. A failure to enforce a right is not a waiver. No third party has rights under the Agreement. The Agreement is the entire agreement about Galactus Cloud.
12.5 The Agreement and any dispute arising from it are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.