EULA USER PORTAL ADDENDUM - VERSION 2026-03-04
User Portal Addendum to the End User License Agreement
IMPORTANT - READ CAREFULLY: This User Portal addendum to the EULA ("User Portal Addendum") is a legal agreement between Licensee (either an individual or a single entity) and DbVis Software, which covers your use of the User Portal. All defined terms herein will have the same meaning as in the EULA.
1. Access and Use
- The User Portal allows designated authorized users ("Authorized Users") of the Licensee to access AI features, manage licenses, view organization-related information, and perform other functions as made available by Licensor.
- Each customer’s information will be separated from other customers’ information and is accessible only to Authorized Users by that customer.
- User Portal functionality is planned to increase over time and information about your organization will only be uploaded if and when you create an account.
2. Restriction to Authorized Users
- The Licensee is responsible for designating Authorized Users and for managing user access rights within its organization.
- The Licensee is solely responsible for all actions taken through the Customer Portal, including managing licenses and authorizing data uploads.
3. User Content and Data
- All content, information, or materials uploaded, entered, or otherwise provided by the Authorized Users via the User Portal (“User Content”) remain the sole responsibility of the Licensee.
- Licensor does not control, verify, or guarantee the accuracy, integrity, or quality of any User Content. The Licensee is responsible for ensuring that uploaded content complies with applicable laws, does not infringe third-party rights, and is not malicious or harmful.
- Licensor has no liability for any loss or damage arising from User Content uploaded by Licensee or its users.
4. Disclaimers and Availability
- The User Portal is provided “as is,” and Licensor makes no representations or warranties regarding the availability, uninterrupted access, or error-free operation of the portal.
- Licensor expressly disclaims any obligation to ensure a particular level of uptime or availability for the User Portal.
- Licensor may withdraw, modify, suspend, or limit access to the User Portal, or any part thereof, at any time with or without notice, including for maintenance, upgrades, or security reasons.
5. Limitation of Liability
- To the extent permitted under applicable law, Licensor shall not be liable for any (i) indirect, incidental, special, or consequential damages, (ii) loss of profits, business, or data, or (iii) interruption of business, even if advised of the possibility of such damages, relating to the use or unavailability of the User Portal.
- Licensor’s liability for direct damages relating to the User Portal will in no event exceed the fees paid or payable by Licensee for the DbVisualizer Software in the twelve (12) months preceding the claim.
6. Security
Licensor implements technical and organizational measures to separate customer data, restrict portal access to authorized users, and monitor for fraudulent behaviour. Details regarding password requirements, access controls, and monitoring of Licensor personnel with access to portal data are available upon request.
7. Changes to the Portal
- Licensor reserves the right at any time to alter features, capabilities, specifications, or other characteristics of the User Portal at its sole discretion. Licensor also reserves the right to update this User Portal Addendum at any time with reasonable advance notice to Customer.
- Continued use of the User Portal after such changes constitutes acceptance of the updated terms.
8. Confidentiality
- During the term of the User Portal Addendum and for three (3) years thereafter, the Parties undertake not to disclose to third parties any information relating to the contents of the User Portal Addendum and any other information received by the Parties as a consequence of the User Portal Addendum, whether provided in writing or orally and irrespective of format (“Confidential Information”). The Parties undertake to use Confidential Information solely for the purpose of performing their obligations under the User Portal Addendum and for no other purpose. The recipient Party further agrees to take necessary measures to prevent any employee, subcontracting consultant, or other intermediary from using or revealing Confidential Information to third parties and to use the same degree of care (but not less than reasonable care) to avoid disclosure or use of Confidential Information as the Party uses with respect to its own confidential and/or information subject to intellectual property rights.
- The above shall not apply to such information which at the time of disclosure or later, enters the public domain other than through breach of the User Portal Addendum; or was already available to the recipient Party or which it developed in-house before the Agreement was entered into and which has not been obtained, directly or indirectly, through a breach of the User Portal Addendum.
- This confidentiality undertaking does not prevent the Party from disclosing such information that the Party is obligated to disclose pursuant to law, court decision, or public authority order or agreement with an exchange or other marketplace. In the event a Party has an obligation to provide such information or an obligation is imposed, the Parties undertake to immediately notify the other Party, to the extent allowed by law. The Parties shall use their best efforts to ensure that information provided pursuant to this clause, to the extent possible, is treated as confidential by the recipient of the information.
9. Data Processing Agreement
When providing and using the User Portal, the Parties acknowledge that the Licensee will be acting in the capacity as a controller and that DbVis Software will be acting in the capacity as data processor for any personal data submitted to the Customer Portal. When providing and using the User Portal, the Parties acknowledge that the Licensee will be acting in the capacity as a controller and that DbVis Software will be acting in the capacity as data processor for any personal data submitted to the Customer Portal. The Parties agree that the DbVis DbVis Data Processing Agreement (DbVis DPA) regulates the processing of personal data and applies to all processing of personal data by Licensor on behalf of Licensee in conjunction with the User Portal.