In these Terms, the following words and phrases shall have the meanings ascribed to them below:
By subscribing to the Services, you represent and warrant that: (a) you are at least 18 years of age; (b) if you are entering into this agreement on behalf of a legal entity, you have the authority to bind that entity to these Terms; and (c) your use of the Services will comply with all applicable laws and regulations.
These Terms, together with the applicable Subscription Plan details, any Data Processing Agreement, and any written Order Form, constitute the entire agreement between PGFlare and the Customer in relation to the Services, and supersede all prior representations, warranties, agreements, and understandings.
PGFlare reserves the right to amend these Terms at any time. Material changes will be communicated to Customers by email at least 30 days before taking effect. Your continued use of the Services after the effective date of any change constitutes your acceptance of the amended Terms. If you do not accept the amended Terms, you may terminate your subscription pursuant to clause 14.
PGFlare provides managed PostgreSQL performance engineering services for Amazon Web Services (AWS) Relational Database Service (RDS) instances running PostgreSQL version 16.9 and above (and such other versions as PGFlare may support from time to time). The specific scope and deliverables depend on the Session type booked, as described at www.pgflare.com/pricing.
The Diagnostic Session (£497, fixed fee) includes: a full AWS RDS PostgreSQL performance audit; EXPLAIN ANALYZE review of top queries by total execution time; autovacuum configuration analysis; index usage and redundancy assessment; lock contention and connection pool review; bloat calculation; and a prioritised Advisory Report delivered before end of session, with specific SQL and configuration changes required for each finding. The Diagnostic Session is advisory only — no changes are applied to the Customer’s database during this Session.
The Remediation+ Session (£897, fixed fee) includes everything in the Diagnostic Session, plus: hands-on implementation of all high-priority findings during the session (with written Customer approval at each step); index creation using zero-downtime methods (CREATE INDEX CONCURRENTLY); autovacuum parameter tuning applied to the RDS parameter group; and a written change log of all actions taken, including rollback procedures where applicable.
The Emergency Response (£350 per hour, 2-hour minimum, billed in 1-hour increments thereafter) is a live engagement for active production incidents. It includes: immediate availability within 2 hours of booking confirmation (for bookings confirmed before 14:00 BST on a working day); live analysis of query plans, locks, and system metrics; real-time remediation guidance; and a post-session written summary of root cause and actions taken.
PGFlare reserves the right to modify, update, or discontinue features of the Services with reasonable notice. We will not materially reduce the scope of services delivered for a booked and paid Session without providing a full refund or the option to cancel without penalty.
PGFlare accesses only PostgreSQL system statistics views via read-only IAM. We do not access, process, store, or transmit Customer application data, table contents, or user data at any time. This access limitation is enforced at the infrastructure level and cannot be overridden.
Session fees are as published on the PGFlare Pricing page at the time of booking. All fees are in pounds sterling (GBP). Prices quoted are inclusive of any applicable taxes unless otherwise stated. An invoice will be provided within 5 business days of payment.
Sessions are charged on a per-session basis. Payment for Diagnostic and Remediation+ Sessions is due at the time of booking confirmation. Emergency Response is billed on completion at the applicable hourly rate for the total time engaged. Monthly retainer arrangements (where agreed in writing) are billed in advance on the same date each month.
Payment is collected by credit or debit card, bank transfer, or other method agreed at the time of booking. By providing your payment details, you authorise PGFlare (or its appointed payment processor) to charge the applicable session fee. You are responsible for ensuring payment details are valid at the time of booking.
If a payment fails, PGFlare will notify you by email. If cleared payment is not received within five business days of notification, PGFlare reserves the right to withhold delivery of session outputs (reports, change logs) until payment is received. For Emergency Response sessions, payment is due within 5 business days of session completion. Outstanding amounts unpaid after 30 days may be referred for recovery pursuant to clause 14.
PGFlare may revise session fees at any time. Updated pricing applies to new bookings made after the effective date of any price change. Sessions already booked and confirmed will be honoured at the price agreed at the time of booking.
Customers requiring ongoing advisory coverage may agree a monthly retainer arrangement with PGFlare in writing. Retainer fees and scope will be set out in a written Order Form. Monthly retainers are billed in advance and are non-refundable for the current billing period except where PGFlare terminates the arrangement other than for Customer default.
A VAT-compliant invoice will be issued electronically within 5 business days of each successful payment.
PGFlare offers a satisfaction guarantee on Diagnostic Sessions. If the Diagnostic Session does not produce at least three distinct, actionable performance improvement recommendations specific to the Customer’s RDS environment, PGFlare will repeat the session at no additional charge. To invoke this guarantee, the Customer must contact PGFlare within 48 hours of report delivery.
To invoke the satisfaction guarantee, contact us at hello@pgflare.com within 48 hours of report delivery, stating that fewer than three actionable recommendations were delivered. A repeat session will be scheduled within 5 business days.
The satisfaction guarantee applies only to Diagnostic Sessions and is available once per Customer. The guarantee does not apply where the Customer has failed to provide the required IAM access credentials, or where the Customer’s RDS instance was inaccessible during the session.
To deliver the Services, the Customer must create an AWS IAM role granting PGFlare read-only access to the specified PostgreSQL system statistics views. Setup instructions are provided in the PGFlare onboarding documentation. The Customer is responsible for creating and maintaining the IAM role with the permissions specified in the onboarding documentation.
PGFlare’s IAM access is strictly limited to: pg_stat_statements; pg_stat_bgwriter; pg_locks; pg_stat_user_tables; and other PostgreSQL system statistics views as required for service delivery. PGFlare shall not request and shall not accept permissions beyond those specified. The Customer must not grant PGFlare write access, superuser access, or access to application tables.
The Customer may be required to configure VPC security groups or RDS parameter groups to permit connectivity from PGFlare’s IP ranges (as provided in the onboarding documentation). PGFlare will notify the Customer of any changes to those IP ranges with at least 7 days’ notice.
The Customer is responsible for the security of their AWS environment, including maintaining appropriate IAM policies, encryption-in-transit (TLS), and access controls. PGFlare enforces TLS 1.2 or above for all connections to the Customer’s RDS instance.
On Remediation+ and Emergency Response sessions, PGFlare may apply configuration changes or SQL-level optimisations to the Customer’s database. All such actions require the Customer’s prior written approval (which may be provided by email). PGFlare will provide a written description of each proposed change, its expected impact, and a rollback procedure before requesting approval. PGFlare will not apply any change without explicit Customer approval.
The Customer is the data controller in respect of any Personal Data contained within or derivable from the Performance Data. PGFlare acts as a data processor in respect of such Personal Data.
Where PGFlare processes Personal Data on behalf of the Customer, such processing shall be governed by a Data Processing Agreement (DPA) which incorporates the requirements of Article 28 UK GDPR. The DPA is available to all customers on request and will be provided within 24 hours. By engaging the Services, you accept the terms of the PGFlare DPA.
PGFlare processes only the Performance Data necessary to deliver the Services. Query text collected via pg_stat_statements is used solely to generate Advisory Reports and is not retained beyond 90 days from collection unless subject to an active dispute or regulatory investigation.
By default, Performance Data is processed within the UK (AWS eu-west-2, London). Customers requiring data residency in an alternative geographic region should contact PGFlare prior to subscription to discuss available options.
PGFlare will not sell, rent, or otherwise transfer the Customer’s Performance Data to any third party, except: (a) to sub-processors engaged to deliver the Services, subject to equivalent data protection obligations; or (b) as required by applicable law or lawful regulatory order. PGFlare maintains an up-to-date list of sub-processors, available on request.
PGFlare implements appropriate technical and organisational measures to protect Personal Data against unauthorised access, disclosure, alteration, or destruction, including: TLS 1.2+ for all data in transit; encryption at rest; access controls and least-privilege principles; regular security testing; and incident response procedures.
Where the Customer receives a data subject request in respect of Personal Data processed by PGFlare as a data processor, PGFlare will provide reasonable assistance to enable the Customer to respond to that request within the timescales required by UK GDPR.
In the event of a Personal Data breach involving Customer data, PGFlare will notify the Customer without undue delay and in any event within 72 hours of becoming aware of the breach, providing such information as is available at the time to enable the Customer to fulfil its obligations under UK GDPR.
All intellectual property rights in the Services, including the monitoring software, analysis models, methodologies, and documentation, are and shall remain the exclusive property of PGFlare. Nothing in these Terms grants the Customer any right, title, or interest in PGFlare’s intellectual property except the limited right to use the Services as provided herein.
All intellectual property rights in the Customer’s data, including Performance Data, remain the property of the Customer or its licensors. PGFlare is granted a limited, non-exclusive licence to access and process Performance Data solely to deliver the Services.
Advisory Reports produced by PGFlare for the Customer are licensed to the Customer on a non-exclusive, non-transferable basis for internal business purposes. The Customer may not resell or publish Advisory Reports without PGFlare’s prior written consent. If the Customer terminates their subscription, all Advisory Reports delivered during the subscription period remain in the Customer’s possession and may continue to be used for internal purposes.
The Customer agrees not to:
PGFlare may suspend or terminate the Services immediately if it reasonably believes the Customer has violated this clause.
Each party agrees to hold the other party’s Confidential Information in confidence, using at least the same degree of care as it uses to protect its own confidential information (but not less than reasonable care), and not to disclose it to any third party or use it for any purpose other than the performance of its obligations under these Terms.
“Confidential Information” means all information disclosed by one party to the other in connection with the Services that is marked as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information does not include information that: (a) is or becomes publicly known other than through a breach of this clause; (b) was already known to the recipient at the time of disclosure; (c) is rightfully received from a third party without restriction; or (d) is required to be disclosed by law or lawful order, provided that the disclosing party gives the other party as much prior notice as is practicable.
This confidentiality obligation survives the termination of these Terms for a period of three years.
PGFlare warrants that: (a) it has the right to enter into these Terms and to grant the rights set out herein; (b) it will perform the Services with reasonable skill and care; (c) the Services will materially conform to the description set out on the PGFlare website; and (d) it holds and will maintain appropriate professional indemnity insurance.
The Customer warrants that: (a) it has the right to grant PGFlare the IAM access described in clause 6; (b) such access does not violate any third-party agreement or applicable law; and (c) it will provide PGFlare with accurate information necessary for the provision of the Services.
Except as expressly stated in clause 11.1, the Services are provided “as is” and PGFlare makes no representations or warranties of any kind, whether express, implied, statutory, or otherwise, in respect of the Services, including without limitation any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.
PGFlare does not warrant that the Services will be error-free, uninterrupted, or that all performance issues affecting the Customer’s RDS environment will be identified. Advisory Reports represent PGFlare’s professional opinion based on available Performance Data and do not constitute a guarantee of any specific performance outcome.
Nothing in these Terms shall limit or exclude either party’s liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot lawfully be excluded or limited.
Subject to clause 12.1, PGFlare’s total aggregate liability to the Customer under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total fees paid by the Customer to PGFlare in the twelve (12) calendar months immediately preceding the event giving rise to the claim.
Subject to clause 12.1, neither party shall be liable to the other for any: (a) loss of profit; (b) loss of revenue; (c) loss of business; (d) loss of anticipated savings; (e) loss of goodwill or reputation; (f) loss of data beyond what is expressly covered by the DPA; or (g) any indirect, special, or consequential loss or damage, arising under or in connection with these Terms, even if advised of the possibility of such loss or damage.
Where PGFlare applies a configuration or SQL change to the Customer’s database pursuant to clause 6.5, PGFlare’s liability for any adverse outcome of such a change shall be as set out in clause 12.2. PGFlare shall not be liable for any adverse outcome arising from: (a) the Customer applying a change without PGFlare’s involvement; (b) the Customer requesting PGFlare to make a change that PGFlare advised against; or (c) changes to the Customer’s infrastructure made by the Customer or a third party during or after the implementation of a PGFlare-approved change.
The Customer agrees to indemnify, defend, and hold harmless PGFlare and its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) the Customer’s breach of these Terms; (b) the Customer’s violation of applicable law; or (c) the Customer’s gross negligence or wilful misconduct in connection with the Services.
These Terms commence on the Effective Date and continue until terminated in accordance with this clause.
The Customer may terminate their subscription at any time by providing written notice to PGFlare. Termination will take effect at the end of the current billing period. No refund will be given for any unused portion of a monthly subscription period, except where the Customer is invoking the satisfaction guarantee under clause 5 or where PGFlare has materially breached these Terms.
PGFlare may terminate the Customer’s subscription: (a) for non-payment, as described in clause 4.4; (b) for material breach of these Terms that is not remedied within 14 days of written notice; (c) immediately for breach of clause 9 (Acceptable Use); or (d) by providing 30 days’ written notice for any other reason (with a pro-rata refund of prepaid fees).
On termination: (a) all licences granted to the Customer cease; (b) PGFlare will delete or return the Customer’s Performance Data within 30 days, except where retention is required by law; (c) the Customer must immediately revoke PGFlare’s IAM access; and (d) all Advisory Reports delivered to the Customer prior to termination remain in the Customer’s possession and may be retained for internal use.
In the event of any dispute arising under or in connection with these Terms, the parties shall first attempt to resolve it through good-faith negotiation between senior representatives of each party within 30 days of the dispute arising.
If the dispute is not resolved through negotiation within 30 days, either party may refer the dispute to mediation under the CEDR Model Mediation Procedure. Unless otherwise agreed, the mediation shall be conducted in London, England.
If mediation does not resolve the dispute within 60 days of referral, either party may bring proceedings in the courts of England and Wales. Nothing in this clause prevents either party from seeking urgent injunctive or other emergency relief from a court of competent jurisdiction.
These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation.
These Terms, together with the applicable Subscription Plan details, any Data Processing Agreement, and any written Order Form, constitute the entire agreement between the parties in relation to their subject matter and supersede all prior representations, agreements, and understandings.
No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right. No single or partial exercise of any right shall preclude any further or other exercise.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, it shall be severed from the rest of these Terms and the remaining provisions shall continue in full force and effect.
The Customer may not assign or transfer any rights or obligations under these Terms without PGFlare’s prior written consent. PGFlare may assign these Terms in connection with a merger, acquisition, change of control, or sale of all or substantially all of its assets, provided that PGFlare notifies the Customer within 30 days of such assignment.
Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond its reasonable control, provided that the affected party notifies the other promptly and uses reasonable efforts to resume performance.
Notices under these Terms shall be sent by email to the addresses specified at subscription or subsequently notified in writing. Notices are deemed received at the time of transmission, provided no delivery failure notification is received.
If you have any questions about these Terms, or wish to exercise any rights described herein, please contact us:
For data protection enquiries, including requests for a Data Processing Agreement or to exercise data subject rights, please email hello@pgflare.com with the subject line “Data Protection Enquiry”.