Terms of Service

1. Agreement

These Terms of Service (“Terms”) form an agreement between you and DataBK Software, the trading name of Fayi Chen (“we”, “us”), the developer and seller of SQL Server Backup. By downloading, installing, purchasing, or using the software, you agree to these Terms. If you do not agree, do not use the software.

Where you buy through our website, the seller of record for tax and consumer-law purposes is Creem, acting as merchant of record. Creem’s own terms also apply to the transaction itself.

2. Licence granted

We grant you a personal, worldwide, non-exclusive, non-transferable, non-sublicensable licence to install and use DataBK SQL Server Backup for your own internal business use. A paid licence covers any number of databases on SQL Server instances that you own or control.

A Pro licence does not cover deploying the software on systems belonging to other organisations, whether you charge for that work or not. If you are a consultant or managed service provider who needs to run it on your clients’ servers, that is what the Site licence is for.

This is a licence, not a sale. We retain all rights, title, and interest in the software, including all intellectual property rights. Nothing in these Terms transfers ownership to you.

3. Licence types

The Free licence is not a trial and does not expire. It is limited by scope, not by time. No licence type is a subscription: there is nothing to renew, and nothing stops working because a payment lapsed or because a server of ours stopped answering.

4. Activation

A paid licence is activated with a licence key issued to the email address you used at checkout. Keys are verified offline; the software does not contact our servers to check in. Do not share your licence key; keys that are publicly distributed may be deactivated. If you lose your key, contact us and we will reissue it to the original purchase email.

5. Restrictions

You may not:

• sell, rent, lease, sublicense, or redistribute the software or your licence key;
• use the software to provide backup or restore services to third parties, or on systems you are not authorised to access;
• reverse engineer, decompile, or disassemble the software, except to the extent such restriction is prohibited by applicable law;
• remove or alter any copyright, trademark, or licence notices;
• use the software to violate any law or to infringe anyone’s rights; or
• use the software to build or distribute a competing product based on its source or internals.

6. No subscriptions, no renewals

We do not sell subscriptions. Every paid licence is a single one-time payment: there is no renewal date, no auto-renewal, and no recurring charge. We cannot bill you again without a new purchase on your part.

A licence key is verified offline and the software does not contact our servers. It keeps working regardless of whether this website, our email, or the business behind them still exists. If we ever discontinue the product, existing licences continue to work exactly as they do today.

7. Prices, taxes, and refunds

Prices are shown on the pricing section of our website in USD and include applicable taxes where indicated at checkout. Creem, as merchant of record, calculates and remits applicable sales tax, VAT, and GST.

Refunds are governed by our Refund Policy: full refund within 14 days of purchase, no reason required.

8. Updates, support, and compatibility

A Pro or Site licence includes all future updates at no extra cost — including later major versions, not only fixes within the version you bought. There is no upgrade fee and no maintenance plan to keep paying for. Support is provided by email at support@databk.com, on a reasonable-efforts basis; Site licences are prioritised in that queue.

Compatibility is stated, not implied. A given build works with the SQL Server versions and Windows versions we list for that build. Running the software against an unlisted SQL Server version is at your own risk, and is exactly the situation in which a backup can appear to succeed and then fail to restore. Always test your own restore before relying on any backup in production. We will publish the tested build numbers for each release.

The software may include third-party open-source components, each governed by its own licence. A list of components and their licences is included with the software. Those licences prevail over these Terms for the components they cover.

9. Backups, restores, and your responsibility for your data

DataBK reads your databases through SQL Server’s Virtual Device Interface and writes backup files to storage you select. It does not modify your database while backing it up.

A restore is different: it replaces the contents of the target database with the contents of the backups you selected. Restores happen only in response to your explicit instruction and confirmation. Unless you choose otherwise, the software restores as a new database name rather than overwriting an existing one, and it always shows you which backup files it intends to apply, and in what order, before it starts.

You are solely responsible for the data you back up, for the restores you run, and for confirming that your backups can actually be restored. A backup that has never been restored is unverified. We strongly recommend that you restore to a test instance at least once for every database you care about, and keep at least one copy of your backups somewhere the backed-up machine itself cannot reach — overwritten or encrypted backups are a routine outcome of ransomware, and a backup on a permanently mounted share does not protect you from it.

Restoring across SQL Server versions is not always possible; whether it is depends on the versions involved, not on our software. You are responsible for knowing the version you are restoring to.

10. Disclaimer of warranties

To the maximum extent permitted by law, the software and website are provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the software will be uninterrupted or error-free, that every job will complete, or that any particular backup will be complete or restorable in your environment. Verification, consistency-check, and alert results are informational and do not replace testing your own restores. Database systems are complex and change with every version; use your own judgement and verify before you rely on anything.

11. Limitation of liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, database contents, backups, profits, revenue, or goodwill, arising out of or relating to the software or these Terms, even if we have been advised of the possibility of such damages.

Our total aggregate liability arising out of or relating to these Terms or the software will not exceed the greater of (a) the amount you actually paid us for the licence in the 12 months before the claim, or (b) USD 50.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud.

12. Indemnity

You agree to indemnify and hold us harmless from claims, damages, and reasonable costs arising from your use of the software in breach of these Terms or in violation of applicable law.

13. Termination

These Terms apply until terminated. They terminate automatically if you materially breach them. We may suspend or terminate a licence key that we reasonably believe was obtained fraudulently, resold, or published publicly. If we terminate without cause, we will refund the full price you paid. On termination you must stop using the software and remove it from your computers. Your existing backup files are unaffected: they are standard SQL Server backup files and remain yours. Sections 9 to 11 and 14 survive termination.

14. Governing law and disputes

These Terms are governed by the laws of the People’s Republic of China, without regard to conflict-of-law rules. Subject to the paragraph below, the courts of the competent courts of Hangzhou, Zhejiang, China have exclusive jurisdiction.

Nothing in this section removes protections you are entitled to under the mandatory consumer law of your own country of residence, or prevents you from bringing proceedings in your local courts where that law gives you the right to do so. Before starting formal proceedings, please write to support@databk.com — most issues are resolved by email, and we would rather fix the problem than argue about it.

15. Changes to these Terms

We may update these Terms to reflect new features, new licence types, or legal requirements. The revised version will be posted on this page with a new effective date. For a paid licence, material changes that reduce your rights will not apply retroactively to your existing licence term.

16. Miscellaneous

If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. These Terms, together with the Privacy Policy and Refund Policy, are the entire agreement between us regarding the software. You may not assign these Terms without our consent; we may assign them in connection with a transfer of the product.

17. Contact

DataBK Software, operated by Fayi Chen
Email: support@databk.com
Website: https://databk.com