Terms and Conditions

These Terms and Conditions (the “Terms”) govern your use of Sketchema, a service operated by OctoChimp LLC (“OctoChimp”, “we”, “us”), a Texas limited liability company at 2310 North Henderson Ave Ste. B 1315, Dallas, TX 75206, United States. By creating an account or using Sketchema, you agree to these Terms. If you do not agree, do not use the service.

1. The service

Sketchema lets you write DBML and render it as relational database diagrams that you can share and export. We may change, add or remove features at any time, and we may suspend or discontinue the service in whole or in part.

2. Your account

You need an account to use Sketchema. Accounts are created and secured through Clerk, our authentication provider. You must provide accurate registration information, keep your credentials confidential, and you are responsible for everything that happens under your account. Tell us promptly at privacy@octochimp.com if you believe your account has been compromised.

You must be at least 13 years old to use Sketchema, and old enough in your jurisdiction to agree to these Terms on your own behalf.

3. Your content

You own the content you create. The DBML you write, the diagrams you build and the layouts you arrange remain yours. These Terms transfer no ownership of your content to us.

You grant OctoChimp a non-exclusive, worldwide, royalty-free license to host, store, copy, transmit, render and display your content solely for the purpose of operating and providing the service to you and to anyone you choose to share a diagram with. This license exists only so that we can run Sketchema, and it ends when you delete the content, except for copies that remain in backups until they age out.

You represent that you have the rights to the content you upload and that it does not infringe anyone else’s rights or violate any law. Do not put secrets, credentials or other people’s personal information into your diagrams.

4. Backups and availability

Your content is stored in our databases, but its continued existence is not guaranteed. Sketchema may be shut down, and data may be lost to disaster, fault or error. It is your responsibility to download and back up your work so that it survives any interruption, loss or shutdown of the service. The service is provided without any uptime commitment or service level agreement.

5. Acceptable use

You agree not to, and not to permit anyone else to:

• Use Sketchema for anything unlawful, or to store or distribute unlawful, infringing, deceptive or malicious content.
• Upload malware, or use the service to distribute spam or conduct phishing.
• Attempt to access accounts, diagrams or data that are not yours, or to circumvent authentication, authorization or any other security or access control.
• Probe, scan, overload, disrupt or degrade the service or the infrastructure it runs on, including through denial-of-service or excessive automated requests.
• Scrape, crawl or use bots against the service except as expressly permitted, or use it in a way that imposes an unreasonable load.
• Reverse engineer, decompile or attempt to derive the source code of the service, except to the extent that restriction is unenforceable by law.
• Resell, sublicense or otherwise commercially exploit the service without our written permission.
• Harass, abuse or harm others, or misrepresent your identity or affiliation.

We may investigate suspected violations and may remove content or suspend or terminate accounts in response.

6. Our intellectual property

The Sketchema source code and platform, along with the Sketchema brand name, logos and other trademarks, are owned by OctoChimp LLC. These Terms grant you a limited, revocable, non-exclusive, non-transferable right to use the service as it is provided. No other rights are granted, and you may not use the Sketchema name or marks without our written permission.

7. Third-party services

Sketchema depends on third-party providers, including Clerk for authentication, Neon for database hosting, Vercel for hosting and analytics, Sentry for error tracking, and Stripe for payments if the service is monetized. Your use of the service is also subject to their terms, and we are not responsible for their acts or omissions. See our Privacy Policy for how information is handled.

8. Fees

Sketchema is currently offered free of charge, and we collect no payment information. If we introduce paid plans, we will describe the pricing and terms before you are charged, and payments will be processed by Stripe. We will never store your payment card details.

9. Termination

You may stop using Sketchema and delete your account at any time. We may suspend or terminate your access if you breach these Terms, if we are required to by law, or if we discontinue the service. On termination, your right to use the service ends and your content may be deleted. Sections 3, 4, 6 and 10 through 14 survive termination.

10. Disclaimer of warranties

The service is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the service will be uninterrupted, secure or error-free, that diagrams will render correctly for any given schema, or that your content will be preserved.

11. Limitation of liability

To the maximum extent permitted by law, OctoChimp LLC and its members, officers and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, content or goodwill, arising out of or related to your use of, or inability to use, the service — even if we have been advised of the possibility of such damages.

Our total aggregate liability arising out of or related to these Terms or the service will not exceed the greater of the amount you paid us for the service in the twelve months before the claim, or one hundred U.S. dollars (US$100).

12. Indemnification

You agree to indemnify and hold harmless OctoChimp LLC from any claims, damages, liabilities, losses and expenses, including reasonable legal fees, arising out of your content, your use of the service, or your breach of these Terms or of any law or third-party right.

13. Governing law

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. You and OctoChimp agree to the exclusive jurisdiction and venue of the state and federal courts located in Dallas County, Texas.

14. Changes to these Terms

We may update these Terms. When we do, we will update the effective date above and notify you at the email address you used to sign in and register your account. Continuing to use Sketchema after a change takes effect means you accept the updated Terms.

15. General

These Terms, together with the Privacy Policy, are the entire agreement between you and OctoChimp regarding the service. If any provision is held unenforceable, the rest remains in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets.

16. Contact

Questions about these Terms can be sent to privacy@octochimp.com, by phone at +1 469-218-8770, or by mail to OctoChimp LLC, 2310 North Henderson Ave Ste. B 1315, Dallas, TX 75206, United States.