Terms of Service

Last Updated: September 8, 2026

Welcome to Polygres! These Terms of Service ("Terms") govern your access to and use of the Polygres database platform, website, application console, APIs, and SDKs (collectively, the "Service") provided by Evokoa Inc. ("Evokoa," "we," "us," or "our").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity.

1. Description of Service

Polygres is a managed cloud database-as-a-service (DBaaS) that combines PostgreSQL hosting with native graph traversal, HNSW vector search, and hybrid retrieval APIs. The Service is provided via managed instances hosted on cloud infrastructure.

Uptime Target: We work to keep the Service reliable and aim for 99% uptime across free and paid accounts. This is an operational target, not a contractual service level agreement ("SLA"), warranty, or guarantee. Actual availability may vary, including during maintenance, updates, outages, or events outside our control. Missing this target does not by itself entitle you to service credits, refunds, or other compensation, except as required by applicable law or a separate written agreement signed by you and Evokoa Inc.

2. Eligibility and Account Terms

• Age Requirements: You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service and enter into a binding legal contract.
• Account Security: You are responsible for maintaining the confidentiality of your account credentials (API keys, passwords, connection strings) and for all activities that occur under your account.
• Accuracy: You agree to provide accurate and complete information when registering for the Service and to keep that information up to date.
• Abuse: We reserve the right to suspend or terminate accounts that violate these Terms or engage in behavior that threatens the security or stability of the platform.

3. Free Accounts, Beta Access, and Testing

Free Accounts: Free accounts do not include any guarantee of uptime, data availability, data durability, retention, persistence, backup, or recovery. We strive to provide reliable service and pursue the uptime target in Section 1, but interruptions or data loss may occur. You are responsible for keeping independent copies of data you need to retain. Specific commitments require the custom agreement described in Section 8.

Free-Account Liability: To the maximum extent permitted by applicable law, we do not pay damages for claims arising from free services. The zero-dollar cap and its exceptions are stated in Section 10.

If you access or use any beta features, developer preview tiers, or testing database hosting services (collectively, "Beta Services"):

• Provided Free-of-Charge: Beta Services are currently provided free of charge, solely for evaluation, testing, and development purposes.
• No Reliability or Uptime Guarantees: Unless expressly agreed in a separate written agreement signed by you and Evokoa Inc., Beta Services carry no uptime, data availability, durability, retention, persistence, backup, or recovery guarantees, to the maximum extent permitted by applicable law.
• Termination and Deletion: We reserve the right to suspend or terminate your Beta Services access, delete your hosted databases, or permanently wipe stored user data at any time, for any reason, with or without prior notice.
• Breaking Changes: We may deploy breaking API, schema, or configuration updates to Beta Services at any time without notice, which may require you to modify your applications or integrations.
• Indemnification and Release of Liability: To the maximum extent permitted by applicable law, you agree to release Evokoa from any liability and defend, indemnify, and hold harmless Evokoa from and against any damages, liabilities, losses, or claims arising from your use of the Beta Services. We are not liable for any damages of any kind resulting from your participation in the beta.

4. Subscription Fees, Billing, and Payments

• Pricing: Some aspects of the Service are provided free of charge during beta or under specific tiers, while others require subscription fees. Current pricing is detailed on our pricing page or custom contract.
• Billing Cycle: Paid services are billed on a subscription basis (monthly or annually) in advance. Payments are processed securely via Stripe.
• Taxes: All fees are exclusive of applicable taxes, which will be charged where required by law.
• Changes: We may modify subscription fees at any time, but will provide you with at least 30 days' prior notice before any price adjustments take effect.
• Refunds: Except as required by law or specified in a service level agreement, all payments are non-refundable.

5. Acceptable Use Policy

You agree not to use the Service to:

• Store, transmit, or process data that is illegal, harmful, or infringes on third-party intellectual property rights.
• Distribute malware, viruses, or other harmful code.
• Interfere with or disrupt the integrity or performance of the Service, including denial-of-service attacks or excessive resource utilization that impacts other users.
• Attempt to gain unauthorized access to our servers, infrastructure, or other user databases.
• Bypass any security measures or access restrictions built into the database instances.

6. User Data and Content

• Ownership: You retain all right, title, and interest in and to any data, text, files, and other content that you store, transmit, or process in connection with the Service ("User Data").
• License to Operate the Service: You grant Evokoa a limited, non-exclusive, worldwide, royalty-free license to host, store, copy, and automatically process your User Data solely to provide and maintain the Service and carry out your instructions. This includes returning results to you and recipients you authorize. It does not transfer ownership of your User Data or authorize us to sell it or use it for unrelated purposes.
• Database Confidentiality: Our personnel access database infrastructure for updates and maintenance without reading your database contents. Personnel review of database contents requires your explicit request and is limited to that request, except to the extent access or disclosure is legally required. Our Privacy Policy describes these limits. The license above does not grant permission for routine human review of your User Data.
• Security: We implement industry-standard technical and organizational security measures to protect your User Data.
• Backups and Recovery: Standard access to the Service does not include a commitment to create backups, follow a backup schedule, retain recovery copies, or restore lost data. Any backup or recovery commitment must be expressly stated in a separate written agreement signed by you and Evokoa Inc., following a custom quote. You are responsible for maintaining independent backups of critical User Data. Any incidental operational copies do not create a backup or recovery guarantee.

7. Intellectual Property

• Service Ownership: Except for User Data, all rights, title, and interest in the Service, including the console UI, APIs, backend architecture, documentation, and logos, are and will remain the exclusive property of Evokoa and its licensors.
• SDK Licenses: Open-source software development kits (SDKs) provided by Evokoa are governed by their respective open-source licenses (e.g., Apache 2.0 License).

8. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE WRITTEN AGREEMENT SIGNED BY YOU AND EVOKOA INC., AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SUBJECT TO THE SAME EXCEPTIONS, EVOKOA DOES NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE OPERATION, UPTIME, DATA AVAILABILITY, DURABILITY, RETENTION, BACKUP, RECOVERY, OR FREEDOM FROM SECURITY INCIDENTS OR DATA LOSS. YOU ACKNOWLEDGE THAT CLOUD DATABASE HOSTING INVOLVES RISKS OF DATA LOSS AND DOWNTIME. THE 99% UPTIME TARGET IS NOT A WARRANTY OR GUARANTEE.

Custom SLAs, Backups, and Uptime Commitments: If you need a specific SLA, backup or recovery service, uptime guarantee, or dedicated support commitment, contact us at [email protected] to request a custom quote. A commitment applies only when it is expressly included in a separate written agreement signed by you and Evokoa Inc. That agreement will define the covered services, measurement period and method, exclusions, backup and recovery terms where applicable, and any remedies. A paid subscription, quote, or support conversation alone does not create an SLA or backup guarantee. If a signed agreement conflicts with these Terms, that agreement controls for the services and commitments it expressly covers.

These disclaimers do not override our express confidentiality commitments or obligations under applicable privacy and data security laws.

9. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Evokoa Inc. and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Service;
• Your violation of any term of these Terms;
• Your violation of any third-party right, including without limitation any intellectual property, property, or privacy right; or
• Any claim that your User Data caused damage to a third party.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE EXCEPTIONS BELOW, EVOKOA INC. AND ITS DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED THAT SUCH LOSSES WERE POSSIBLE.

Aggregate Damages Cap: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE EXCEPTIONS BELOW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE APPLICABLE AMOUNT BELOW:

• Monthly and Usage-Based Accounts: The subscription and usage fees you actually paid to Evokoa for the services giving rise to the claim during the six (6) months immediately before the first event giving rise to the claim. If you paid for fewer than six months, the cap is limited to the amount actually paid during that period.
• Annual Accounts: Six months' prorated portion of the annual subscription fee you actually paid for the services giving rise to the claim for the annual term covering the first event giving rise to the claim, calculated as that annual fee multiplied by 6/12. Any additional usage fees actually paid for those services during the six (6) months immediately before that event are added to this amount. For example, a US$1,200 annual subscription produces a US$600 subscription component of the cap.
• Free Accounts and Free Services: THE DAMAGES CAP IS ZERO U.S. DOLLARS (US$0) FOR CLAIMS ARISING FROM SERVICES PROVIDED TO YOU FREE OF CHARGE. This includes free tiers, trials, and free Beta Services, even if you separately pay for other services.

For these calculations, fees exclude taxes, refunds, and promotional credits not purchased by you. The billing arrangement for the relevant services when the first event occurred controls; a later upgrade, downgrade, cancellation, or claim date does not change that calculation. Amounts are counted only once. Claims arising from the same or related events share one aggregate cap, regardless of the number of claims or legal theories. These exclusions and caps apply to claims in contract, tort (including ordinary negligence), or otherwise, to the extent permitted by applicable law.

Exceptions and Mandatory Rights: The exclusions and caps in these Terms, including the free-service cap and the force majeure provision, do not exclude or limit liability for our fraud, gross negligence, or willful misconduct, or any liability that applicable law does not allow us to exclude or limit. They do not waive non-waivable statutory rights or remedies. Different liability terms or express remedies in a separate written agreement signed by you and Evokoa Inc. control for the services they cover. These provisions limit recoverable damages where permitted; they do not authorize us to disregard our confidentiality commitments or applicable privacy and data security obligations.

11. Termination

• By You: You can delete your account and terminate your subscription at any time via the console settings.
• By Us: We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, in the event of a breach of these Terms, non-payment, or if we decide to discontinue the Service.
• Effect of Termination: Upon termination, your right to use the Service ceases immediately. All your database instances will be deleted, and any existing backups will be purged according to our Privacy Policy, subject to legally required retention and any applicable separate written agreement signed by you and Evokoa Inc. Termination does not create a backup or recovery obligation.

12. Governing Law and Jurisdiction

These Terms and any dispute arising out of or related to them shall be governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Wilmington, Delaware.

Each party consents to the personal jurisdiction of those courts. This choice of law and forum does not deprive you of protections or rights to bring claims elsewhere that applicable law does not allow you to waive.

13. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a prominent notice in the Service console at least 15 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the new Terms.

14. Force Majeure and Third-Party Outages

To the maximum extent permitted by applicable law and subject to Section 10, Evokoa is not liable for downtime, service interruptions, or delay or failure to perform to the extent caused by events beyond our reasonable control. These events include natural disasters, fires, floods, severe weather, war, terrorism, civil unrest, epidemics, government actions, labor disruptions, power failures, internet or telecommunications failures, and failures or interruptions of third-party cloud hosting, storage, network, DNS, or other infrastructure providers beyond our reasonable control.

Third-party downtime is excluded only to the extent it causes the disruption and is beyond our reasonable control. This provision does not excuse our own breach merely because a third-party provider is involved. Relief from an affected performance obligation lasts only for the duration and extent of the event's impact.

We strive to reduce disruptions through appropriate redundancy, backup systems, and recovery measures. We will use commercially reasonable efforts to mitigate the impact, provide notice of material disruptions when reasonably practicable, and resume affected services. These efforts and the 99% uptime target do not guarantee uninterrupted operation, automatic failover, data backups, or a particular recovery time. Specific backup, recovery, and uptime commitments require the separate agreement described in Section 8.

This section does not override an express commitment or remedy in a separate written agreement signed by you and Evokoa Inc., excuse payment obligations already accrued, or limit rights or obligations that applicable law does not permit us to exclude. It does not suspend our confidentiality or applicable privacy and data security obligations.

15. General Terms

• Severability: If a court of competent jurisdiction finds a provision of these Terms invalid, unlawful, or unenforceable, that provision will be enforced only to the extent permitted by law or, if it cannot be enforced, severed. The remaining provisions remain in full force and effect to the extent permitted by applicable law.
• No Waiver: A failure or delay by either party to enforce a provision does not waive the right to enforce it later. A waiver of one breach does not waive any other breach. Any waiver must be in writing by the party granting it.
• Entire Agreement and Priority: These Terms, the Privacy Policy, and any separate written agreement signed by you and Evokoa Inc. constitute the entire agreement concerning the Service and supersede prior proposals and understandings on that subject. A separate signed agreement controls where it expressly conflicts with these Terms for the services it covers, as described in Section 8. This clause does not exclude liability for fraud or override non-waivable rights.
• Survival: Provisions that by their nature should survive termination remain effective, including accrued payment obligations, ownership, confidentiality, warranty disclaimers, indemnification, limitations of liability, governing law, and these General Terms. Survival does not authorize additional retention or use of User Data.

16. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

Email: [email protected]