These Terms of Service (the "Terms") are a contract between Ricardo Miguel Andorinha Rodrigues, sole trader (empresário em nome individual), tax number 220585571 ("Event Horizon Data", "we", "us"), and the organisation that creates an account ("Customer", "you").

By ticking the acceptance box during registration you agree to these Terms, to the Privacy Policy and to the Data Processing Agreement, each in the version in force on the day you accept. All three are incorporated into this contract by reference. We keep a record of which versions you accepted, when, from which IP address and with which browser.

If you are accepting on behalf of an organisation, you confirm that you are authorised to bind it.

1. Definitions

Service — the Event Horizon Data platform: data ingestion pipelines, the data warehouse, dashboards, embedded and shared dashboards, alerts, scheduled reports, the API and the collection agent and SDKs we publish.
Customer Data — everything you or your users send to, generate in, or store on the Service, including the records ingested by your pipelines, your table definitions, dashboards, saved queries and the credentials you register for your own data sources.
End Client — a client of yours whose data you process using the Service.
Personal Data, Controller, Processor, Sub-processor, Data Subject and Processing have the meanings given to them in the GDPR (Regulation (EU) 2016/679).
Documentation — the product documentation we publish at https://eventhorizondata.com/docs.

2. The Service

We grant you a non-exclusive, non-transferable right to use the Service during the term of this contract, for your own business and for the business of your End Clients, subject to the plan you are on.

We may change the Service. Where a change materially reduces functionality you are using, clause 14 applies.

3. Accounts, users and security

You are responsible for everything done under your account, including by your users and by any End Client to whom you give access.
You will keep credentials confidential, and will tell us without undue delay if you believe an account has been compromised.
We provide two-factor authentication, session limits and re-authentication for sensitive actions (Annex II of the DPA lists these). Where we make a security control available, using it is your decision and your responsibility.
You are responsible for the access you grant. The Service lets you restrict a user to a subset of rows and to publish dashboards to unauthenticated viewers through share links; both are your configuration, not ours.

4. Plan limits and fair use

Your plan sets ceilings — number of users, dashboards, ingestion volume, retention and so on. The Service enforces them. When you approach a ceiling we warn you; when you cross a volume ceiling your pipelines are stopped and you are told why.

Data that arrives while you are over a volume ceiling is held, not discarded, and can be replayed if you upgrade within the retention window for held data. We do not silently drop data.

5. Acceptable use

You will not use the Service:

in breach of any applicable law, or in breach of the rights of any person;
to attempt to gain access to another customer's data, to circumvent the tenancy, authentication or plan-limit controls, or to probe, scan or load-test the Service without our prior written agreement;
to send us, ingest into the Service, or store in it any of the following categories of data:
- Cardholder data. Primary account numbers, cardholder names in combination with a PAN, expiry dates, service codes, and any sensitive authentication data (full magnetic-stripe data, CAV2/CVC2/CVV2/CID, PINs or PIN blocks), whether in a payments table, a change-data- capture stream, a log file or a free-text field.
- Health data. Data concerning health, including data that would be protected health information under HIPAA. The Service is not a HIPAA-compliant environment and we will not sign a Business Associate Agreement.
- Special categories of personal data within the meaning of Article 9(1) GDPR: data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade-union membership, genetic data, biometric data processed for the purpose of uniquely identifying a person, data concerning health, and data concerning a person's sex life or sexual orientation.
- Personal data relating to criminal convictions and offences within the meaning of Article 10 GDPR.
- Government-issued identification numbers (national identity numbers, social security numbers, passport numbers, driving licence numbers), financial account credentials, and authentication secrets belonging to third parties.
- Personal data of children below the age at which consent is valid in their jurisdiction, where you rely on consent as your legal basis.
to resell the Service as a standalone product to a third party who is not an End Client of your own services, or to build a competing product from it.

You warrant that you have a lawful basis for every item of Personal Data you put into the Service, and that you have given the Data Subjects whatever information the law requires. We do not inspect your data and are not in a position to verify this. It is your representation, and we rely on it.

We can prohibit, we cannot prevent. A pipeline is a general-purpose mechanism, and a change-data-capture connector pointed at your own database will move whatever is in it. If you discover that prohibited data has reached the Service, tell us and delete it; if we discover it, we may delete it, suspend the affected pipeline, or suspend the account, and we will tell you what we did. Nothing in this clause makes us responsible for data you were not permitted to send.

6. Your data, and what we do with it

Customer Data is yours. We claim no ownership of it. We do not sell it, do not share it, and do not use it to train machine-learning models, to produce benchmarks (aggregated or otherwise), or for any purpose of our own. We process it only to provide the Service to you, on your documented instructions, and to meet our own legal obligations.
We are your Processor for Personal Data contained in Customer Data. The DPA governs that relationship and prevails over these Terms on any question of data protection.
We are a Controller for the data we hold about your account and its users — names, email addresses, billing details, sign-in and audit records. The Privacy Policy covers that.
Metadata. We collect operational telemetry about the Service — request volumes, query timings, error rates, ingestion counters used for billing. Where that telemetry contains Personal Data it is covered by the DPA.

7. Export and deletion

You can export your data through the Service at any time while your account is active.
On termination we will, at your choice, return your data in a machine-readable format or delete it. If you have not told us which within 30 days of termination, we delete it.
After that, deletion follows on our own schedule: live stores within 30 days, and backups within [BACKUP RETENTION: currently 14 days on the primary host and 7 days off-site] of the live deletion, as backups expire on their rotation rather than being edited.
We may retain data where the law requires it, for as long as it requires and no longer.

8. Fees

Fees, the billing period and what is included are those of the plan you subscribe to, as shown on our pricing page at the time you subscribe.
Fees are exclusive of VAT and any other applicable tax, which is added at the rate in force.
Invoices are payable on issue. If payment fails we will attempt to collect again and tell you; if collection ultimately fails we may suspend the account under clause 13.
We may change prices with 30 days' notice, effective at your next renewal. If you do not accept the new price you may terminate before it takes effect.
Fees already paid for a period are not refundable except where these Terms say so or the law requires it.

9. Availability and support

We aim for high availability and publish no contractual uptime commitment at this plan level. This is a deliberate statement rather than an omission — we would rather not promise a number we do not yet measure with an independent monitor.
Planned maintenance is announced in advance where it will cause an interruption.
Support is provided by email at support@eventhorizondata.com during Portuguese business days, on a best-effort basis, with response targets according to your plan.

10. Confidentiality

Each party will keep the other's confidential information confidential, use it only for this contract, and protect it with at least the care it uses for its own. This does not apply to information that is public, was already known, is independently developed, or must be disclosed by law — and in the last case the disclosing party will tell the other first where it is lawful to do so.

11. Intellectual property

We own the Service and everything in it except Customer Data. You own Customer Data. Feedback you give us we may use freely, without obligation to you.

12. Warranties, indemnity and liability

12.1 Warranties

We warrant that we will provide the Service with reasonable skill and care and in accordance with the Documentation. Otherwise the Service is provided "as is", and to the extent permitted by law we exclude all other warranties, express or implied, including fitness for a particular purpose.

12.2 Your indemnity

You will indemnify us against claims, fines, damages and reasonable costs arising from:

Customer Data that you were not entitled to send us, including any breach of clause 5;
your use of the Service in breach of these Terms or of the law;
a claim by an End Client or a Data Subject in respect of processing you instructed.

12.3 Limitation of liability

Neither party excludes liability for death or personal injury caused by its negligence, for fraud, or for anything else that cannot be excluded by law.

Subject to that:

Neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, or loss of goodwill.
Each party's total liability under this contract, in aggregate over any twelve-month period, is limited to the fees paid or payable by you in the twelve months before the event giving rise to the claim.
The cap in (2) does not apply to your indemnity under clause 12.2, nor to either party's breach of clause 10.

What the cap does not do, said plainly because it is easy to assume otherwise: Article 82(4) GDPR makes controllers and processors involved in the same processing jointly and severally liable towards a Data Subject for the whole of the damage. A contractual cap between us does not bind a Data Subject or a supervisory authority. It allocates risk between us; it does not remove it from either of us.

13. Term, suspension and termination

This contract runs from acceptance until terminated.
You may terminate at any time, effective at the end of your current billing period.
Either party may terminate immediately if the other commits a material breach and does not remedy it within 30 days of written notice, or becomes insolvent.
We may suspend the account immediately, and without the 30-day period, where there is a serious and immediate risk — prohibited data under clause 5.3 present in the Service, a compromised account, activity that threatens the Service or another customer, or unpaid fees after a failed collection process. We will tell you why, and restore access when the cause is resolved.
Clause 7 (export and deletion), 10 (confidentiality), 11 (IP), 12 (liability) and 16 (law) survive termination.

14. Changes to these Terms

We may amend these Terms. Every version is published with its version identifier and effective date, and previous versions remain available.
For a material change that reduces your rights or increases your obligations, we will give at least 30 days' notice to the account's administrators before it takes effect. If you do not accept it you may terminate before the effective date, and we will refund any prepaid fees for the unused period.
Non-material changes (clarifications, corrections, new optional functionality) take effect on publication.
Changes to the list of Sub-processors follow clause 7.7 of the DPA, which carries its own notice period and a right to object.

15. General

Assignment. Neither party may assign this contract without the other's consent, except to a successor of substantially the whole of its business, on notice.
Subcontracting. We may use Sub-processors as set out in the DPA.
Notices are given by email, and that is the contractual channel. To you, at the email addresses of your account administrators; it is your responsibility to keep at least one of them current and monitored. To us, at legal@eventhorizondata.com. A notice is effective when sent, unless the sender receives a delivery failure. Neither party is required to send anything by post, and nothing in these Terms depends on a postal address.
Entire agreement. These Terms, the Privacy Policy and the DPA are the whole agreement between us on their subject matter.
Severability. If a clause is unenforceable, the rest stands.
No waiver. Not enforcing a right once does not waive it.

16. Governing law and jurisdiction

This contract is governed by the law of Portugal, and the Portuguese courts have exclusive jurisdiction, without prejudice to any mandatory right a consumer or a Data Subject has to bring proceedings elsewhere.

17. Contact

Ricardo Miguel Andorinha Rodrigues · tax number 220585571 · legal@eventhorizondata.com

Event Horizon Data — Terms of Service