HFSQLDrive LICENSE AGREEMENT
CONDITIONS OF USE AND SERVICE - 3/7/2024

Any CUSTOMER or USER of HFSQLDrive must have read and accepted these conditions.

If you do not agree to these conditions, you cannot use HFSQLDrive.

DEFINITIONS

CUSTOMER: Person or entity responsible for the account and payment of the subscription and the different invoices, for all DATABASES.

DATABASE: a structured and organized set of data representing a system of information selected in such a way that it can be accessed by users or programs. This DATABASE must be in HFSQL format and must have been created with WINDEV, WEBDEV or WINDEV Mobile.

SUBSCRIPTION: Subscription to a set of services associated with a DATABASE, including:
- The volume of the database,
- And/or a number of simultaneous connections,
- And/or a backup option.

DATABASE VOLUME: Disk space reserved for a CUSTOMER's DATABASE.

CONNECTIONS: A CONNECTION corresponds to:
- The use of the HOpenConnection (or HChangeConnection).
- The first write or read access to the DATABASE, if the connection has been described in the analysis.
A CONNECTION is released when the application is closed, or when HCloseConnection is called.

ACOUNT: Association of an email address and a password to access HFSQLDrive.

CREDENTIALS: Username (email address) and password used to log in to an ACCOUNT.

COMPANY: PCSCloud, SARL with a capital of €10,800, registered in the Montpellier Trade Register under number 752 609 941

SERVICE: DATABASE hosting provided by the COMPANY.

OVERVIEW

THE COMPANY offers an HFSQL database hosting service named "HFSQLDrive".

This SERVICE is intended for users of WINDEV, WEBDEV and WINDEV Mobile to store databases used by software, applications or sites built with WINDEV, WEBDEV and WINDEV Mobile in the cloud.

WINDEV, WEBDEV and WINDEV Mobile must be in a version supported by HFSQLDrive.

DURATION AND SUBSCRIPTION

The subscription to HFSQLDrive can be canceled at any time. The cancellation will take effect on the expiry date of the current subscription.

There is a 1-month or 1-year commitment according to the subscription plan chosen.

When the HFSQLDrive subscription expires, it will be renewed for the same period as the one initially chosen by the CUSTOMER, unless terminated within the stipulated period.

Cancellation takes place upon CUSTOMER request at least 3 working days before the anniversary date of the current subscription. Cancellation is done directly in the Dashboard of the desired HFSQLDrive account. The working days go from MONDAY to FRIDAY, excluding bank holidays in metropolitan France.

The amounts already paid and/or invoiced are not reimbursed.

Payment is made in advance via SEPA Direct Debit; VISA or Mastercard cards. An invoice is automatically sent by email after each payment.

Any period started is due.

By making a payment for HFSQLDrive, you accept all the pricing conditions.

The prices and the General Sales Conditions can evolve. In this case, you will be notified by email or when you log into your account.

FINANCIAL CONDITIONS

The prices can be modified without notice.

When paying by credit card or SEPA Direct Debit, the debit is made according to the choice of the CUSTOMER, monthly (monthly subscription) or annually (annual subscription) on the anniversary date of the subscription, and for all new subscriptions.

In case of payment failure, the CUSTOMER account may be immediately suspended.

USE

The only authorized use of HFSQLDrive is to host databases that will be used by software, applications and sites built with WINDEV, WEBDEV and/or WINDEV Mobile.

Any other use of the hosting service is not allowed.

Any illegal use of hosting service may trigger the closing of relevant accounts without notice. In this case, no invoiced amount will be reimbursed. Current invoices are due.

SECURITY OF CREDENTIALS

Credentials are sent to the CUSTOMER via the HFSQLDrive portal.

The credentials are proof of the identity of the CUSTOMER and bind the CUSTOMER to any use made through them. They will be deemed to be a signature.

The CUSTOMER is fully and exclusively responsible for their username and password. He shall bear the consequences that may result from the use by third parties who are aware of them.

In case of forgotten password, the CUSTOMER has the ability to reinitialize it via a dedicated feature.

SECURITY OF YOUR DATABASES

HFSQLDrive DATABASES must be encrypted.

Data protection must be enabled on data files (tables), index files and memo files in the DATABASE by selecting one of the encryption options proposed.

The encryption and decryption password must be defined in the application.

SUPPORT AND TECHNICAL ASSISTANCE

HFSQLDrive technical support is provided exclusively by email. Support requests are sent via the HFSQLDrive portal.

The request will be processed during working hours, with no response time guarantee.

The reply will be sent by email to the specified address.

VOLUMES OF THE DATABASE

The volume of the DATABASE depends on the plan chosen. Please refer to the price list.

The maximum amount of data that can be stored as part of the HFSQLDrive subscription is 50 GB. Beyond this volume, please check the other offers proposed by the COMPANY.

When the DATABASE volume approaches its limit, a warning email is sent to the CUSTOMER. It is then up to the CUSTOMER to take steps to continue using the HFSQLDrive account without constraint. For example: Reduce the size of the DATABASE or subscribe to a higher DATABASE volume.

ARCHITECTURE

The DATABASES are stored on shared servers, located in a datacenter in metropolitan France.

Storage servers use redundancy technology.

The Firewall port to open to connect to the DATABASE is provided by the HFSQLDrive portal. The port number is specific to the subscription. The "IP + Port number" combination is unique.

Additionally, the COMPANY also offers other hosting services on non-shared private servers.

AVAILABILITY

The target availability rate is 99%.

If the SERVICE becomes unavailable, a refund will be made according to the time it was unavailable.

The COMPANY is in no case responsible for direct and indirect damages that may occur especially a commercial prejudice, loss of customers, any commercial disorder, loss of profits, loss of image or any unfairly deemed competitive action such as loss of market, etc.

TERMINATION OF SERVICE

In case of SERVICE termination, the CUSTOMERS will be informed with a 60-day notice. The CUSTOMER will be able to retrieve his data at no cost. Annual subscriptions will be reimbursed on a prorata temporis basis.

FORCE MAJEURE

The COMPANY shall not be held liable in the event of force majeure.

PROPERTY

The data contained in the databases remain the property of the CUSTOMER.

The data contained in the databases remain the responsibility of the CUSTOMER.

The COMPANY will not access the data of the CUSTOMER, except through security and maintenance tools, such as an anti-virus.

VARIOUS

Except for the specific cases indicated in this contract, any failure of either party to perform any of its obligations under this contract, will, without prejudice to any damages, trigger its termination on the initiative of the creditor 30 days after sending a demand to execute, by registered letter with acknowledgment of receipt, remained ineffective.

The invalidity or unenforceability of any of the provisions of the Contract shall not constitute nullity, caducity, absence of binding force or unenforceability of other stipulations, which will still apply.

The Contract is subject to French law.

For the execution of the present terms and its consequences, the Parties elect domicile at the registered office of THE COMPANY.