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Terms of Service

Please read Section 18 carefully. It requires you to resolve most disputes with us through individual binding arbitration, and waives your right to a jury trial and to participate in a class action. You can opt out within 30 days, as described in Section 18.

1. Agreement

These Terms of Service (“Terms”) are an agreement between you and TheGather, Inc., a Delaware corporation with its registered address at 2810 North Church Street, Wilmington, DE 19802, United States (“we”, “us”, “our”). They govern your use of Lymeno, including the website at lymeno.com, the console at console.lymeno.com, the Lymeno API, and the databases you create (together, the “Service”).

By creating an account or using the Service, you agree to these Terms and acknowledge our Privacy Policy. If you use the Service on behalf of an organization, you agree to these Terms for that organization and confirm that you have the authority to do so. In that case, “you” refers to the organization.

2. Definitions

  • “Customer Data” means the data you or your software store in your databases, including their backups and archives.
  • “Account Data” means information about you and your workspace that we need to run your account, such as your name, email address, workspace members, and billing details.
  • “Usage Data” means information about how the Service operates and is used, such as resource metrics, query statistics, logs, and API request records.
  • “Aggregated Data” means Usage Data that has been combined and de-identified so that it does not identify you, any person, or Customer Data.
  • “Agent” means any software, including an AI agent, that uses your API tokens or database credentials to access the Service.
  • “Preview Features” means features we identify as preview, beta, or early access.

3. The Service

Lymeno provides managed PostgreSQL databases that you and your Agents can create and operate through the console and the API. We offer two deployment options:

  • On-demand databases, which scale compute with load and can pause when idle; and
  • Always-on databases, which run on dedicated resources.

The features, limits, and regions of each option are described on our website and in the console. Features we describe as “coming soon” are not part of the Service until we make them available.

Preview Features are provided for evaluation, may change or be withdrawn at any time, and are provided “as is” without any commitment to availability or support.

4. Accounts

  • You must be at least 18 years old, or the age of majority where you live, to create an account.
  • You must provide accurate information, including a valid email address, and keep it up to date. You may not create accounts in bulk or with automated tools, or use temporary or disposable email addresses.
  • You are responsible for keeping your passwords, passkeys, API tokens, and database credentials secure, and for all activity that uses them.
  • Tell us promptly at support@lymeno.com if you believe your account or credentials have been compromised.

5. Workspaces, members, and Agents

Databases belong to a workspace. Workspace owners and admins decide who can access the workspace and what each member and API token can do. When you invite someone, you confirm that you are authorized to share their email address with us for that purpose.

You are responsible for the actions of everyone you give access to, and for every action an Agent takes with your API tokens or database credentials, as if you had taken it yourself. You are responsible for reviewing the actions and outputs of your Agents before relying on them.

6. Customer Data

Ownership. You keep all rights to Customer Data.

Our use. You grant us a limited right to host, copy, transmit, and process Customer Data only as needed to provide, secure, and support the Service, and as required by law. We process Customer Data as your processor, as described in our Privacy Policy. If you need a data processing addendum, email support@lymeno.com.

No access, no training. We do not access the contents of your databases except to provide the Service, when you ask us to (for example, in a support request), or when required by law. We will not use Customer Data to train, fine-tune, or otherwise improve any artificial intelligence or machine learning model, and we will not allow any third party to do so.

Your responsibilities. You are responsible for Customer Data, including its accuracy, legality, and the rights and consents needed to store and process it. If Customer Data includes personal information about other people, you are responsible for providing any notices and obtaining any consents the law requires.

Location. Customer Data is stored in the region you choose when you create a database. We do not move a database to another region unless you ask us to.

Backups and export. You are responsible for configuring the Service appropriately and for keeping any copies of Customer Data that you need. Backups are available for always-on databases on the schedule and with the retention you configure. You can export Customer Data at any time with standard PostgreSQL tools such as pg_dump.

7. Usage Data and Aggregated Data

We use Usage Data to provide, secure, and improve the Service, and to show you monitoring in the console. We may create Aggregated Data and use it for any lawful purpose, such as capacity planning and improving the Service. Aggregated Data does not include Customer Data and does not identify you.

8. Acceptable use

You must not use the Service, or allow an Agent to use it, to:

  • break any law, or store or distribute content that infringes the rights of others;
  • distribute malware, or host infrastructure that controls malware or botnets;
  • attack, probe, or disrupt any system or network, including the Service and other customers’ databases;
  • scan, test, or probe the Service for vulnerabilities without our written permission. Report security issues to support@lymeno.com, and do not disclose them publicly before we have had a reasonable opportunity to fix them;
  • send spam, or run open proxies or open mail relays;
  • mine cryptocurrency, or place a load on the Service that is unrelated to the normal operation of a database;
  • test stolen payment cards, or commit any other fraud;
  • get around usage limits, billing, or security measures, create multiple accounts to avoid limits or charges, or access another customer’s data;
  • resell the Service as a standalone database offering without our written permission; or
  • violate export control or sanctions laws.

9. Fees and payment

Prices are listed on our pricing page and in the console, in US dollars. They exclude taxes, which you are responsible for, other than taxes on our income. Payments are processed by Stripe.

Always-on databases are billed as a monthly subscription for each database, charged in advance to your payment method. When you change a plan or the number of nodes, the price difference for the rest of the billing period is calculated in proportion to the time remaining and invoiced immediately.

On-demand databases are paid from prepaid credit in your workspace. Usage, including compute and storage, is deducted from your credit as it accrues. We will send you an email when most of your credit has been used.

Fraud prevention. To protect the Service, we may verify your payment method, require prepayment, apply spending limits, or delay creating resources for accounts with limited billing history or signs of fraud.

Disputed charges. If you believe a charge is wrong, contact support@lymeno.com before disputing it with your card issuer. If a payment is reversed through a chargeback that we successfully contest, you remain responsible for the charge and any fees the payment processor applies.

Price changes. We will give you at least 30 days’ notice of a price increase that affects your existing databases, by email or in the console.

Immediate performance. If you are a consumer in the European Union or the United Kingdom, you ask us to start providing the Service immediately, and you acknowledge that you lose your right of withdrawal for any part of the Service already provided.

10. Refunds and credit

Except where the law requires otherwise:

  • Amounts you have paid are not refunded to your original payment method.
  • When you downgrade or delete an always-on database, the unused portion of the current billing period is added to your account balance and applied to future charges.
  • Prepaid credit cannot be withdrawn or exchanged for cash, and is applied only to charges for the Service.

11. Suspension

Non-payment.

  • Always-on databases. If a payment fails, you have 3 days to update your payment method. After that, the database may be suspended until the balance is paid.
  • On-demand databases. When your credit balance reaches zero, your on-demand databases are suspended: new connections are refused, and storage continues to be charged. If the balance falls to −$0.50 or below, each suspended database is exported to an archive and the running database is deleted.
  • Archives are kept for 30 days. We will email you 7 days before an archive is deleted. After you add credit, an archived database can be restored within that period; database role passwords must be reset after a restore. After 30 days, the archive is permanently deleted and cannot be recovered.

Other reasons. We may also suspend a database, an API token, or an account if we reasonably believe that it violates Section 8, poses a security risk to the Service or others, could expose us or others to liability, or must be suspended to comply with the law. Where practical, we will notify you first and give you an opportunity to fix the problem, and we will restore access once the problem is resolved.

Charges for resources that continue to exist, such as storage, apply during a suspension.

12. Ending the Service

By you. You can stop using the Service at any time by deleting your databases. To close your account or workspace, email support@lymeno.com.

By us. We may terminate your access if you materially breach these Terms and do not cure the breach within 30 days of our notice, if you do not pay amounts due, or immediately if required by law or in cases of serious abuse. Except in those immediate cases, we will give you a reasonable opportunity to export Customer Data first.

Data after termination. When your account or workspace is closed, its databases are deleted. Backups expire according to their retention settings, and in any case within 30 days. We delete Account Data within 30 days, except records we must keep for legal, tax, or accounting purposes. Sections 6, 7, 10, and 14 through 19 continue to apply after termination.

13. Availability and changes

We work to keep the Service available, but we do not offer a service level agreement. The Service may be interrupted for maintenance, failures, or events outside our control. On-demand databases may pause when idle and take a few seconds to resume. Databases restart when you change certain settings, such as the plan.

We may change or discontinue features of the Service. If a change materially reduces the functionality of a database you are paying for, we will give you reasonable notice in advance.

14. Intellectual property, feedback, and publicity

The Service, including its software, design, and documentation, belongs to us and our licensors. These Terms do not give you any rights to it beyond using the Service as described here. If you send us feedback or suggestions, we may use them without any obligation to you.

We will not use your name or logo to promote Lymeno without your permission.

15. Disclaimers

THE SERVICE, INCLUDING PREVIEW FEATURES, IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DATA WILL NEVER BE LOST. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR OUTPUTS OF YOUR AGENTS.

16. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

  • NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THEIR POSSIBILITY; AND
  • OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM.

These limits do not apply to your payment obligations or to your obligations under Section 17.

17. Indemnification

You will defend and indemnify us against any third-party claim arising from Customer Data, from your use of the Service in violation of these Terms or the law, or from the actions of anyone, including any Agent, that uses your account, API tokens, or database credentials.

18. Dispute resolution and arbitration

Informal resolution first. Before starting arbitration, you and we agree to try to resolve any dispute informally for at least 30 days. To start, send a written description of the dispute to support@lymeno.com, or we will send one to the email address on your account.

Binding arbitration. Any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, or its Consumer Arbitration Rules if you use the Service as a consumer. The arbitration will be conducted in English by a single arbitrator, in Wilmington, Delaware, or by video conference. The arbitrator’s decision may be entered in any court with jurisdiction. The Federal Arbitration Act governs this Section.

Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to stop the infringement or misuse of its intellectual property.

Class action and jury waiver. You and we may bring claims against each other only individually, and not as a plaintiff or class member in any class, collective, or representative proceeding. You and we each waive the right to a jury trial.

Opting out. You may opt out of this Section 18 by emailing support@lymeno.com from the email address on your account within 30 days after you first accept these Terms, stating that you opt out of arbitration. If you opt out, disputes will be resolved in the courts described in Section 19.

19. General terms

  • Governing law and courts. These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. Any dispute that is not subject to arbitration will be resolved exclusively in the state or federal courts located in Delaware, and both parties consent to their jurisdiction.
  • Changes to these Terms. We may update these Terms. We will post the new version on this page and, for material changes, notify you by email or in the console at least 30 days before they take effect, unless a change is required by law or applies only to new features. If you continue to use the Service after that, you accept the updated Terms.
  • Notices. We will send notices to the email address on your account. Send notices to us at support@lymeno.com.
  • Export control and sanctions. You confirm that you are not located in a country subject to comprehensive US sanctions and are not on any US government list of restricted parties, and that you will not use the Service in violation of export control or sanctions laws.
  • Assignment. You may not transfer these Terms without our written consent. We may transfer them as part of a merger, acquisition, or sale of assets.
  • Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
  • Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver.
  • Language. If these Terms are translated, the English version controls in case of conflict.

20. Contact

TheGather, Inc.
2810 North Church Street, Wilmington, DE 19802, United States
Email: support@lymeno.com