Terms of Service

PLEASE READ THESE TERMS AND CONDITIONS (“Terms”) CAREFULLY BEFORE USING THIS PLATFORM

We are Devopness Tecnologia LTDA trading as Devopness.

By using our Platform you accept these Terms. If you do not agree to these Terms, you must not use our Platform.

In using our Platform we may process your personal data, more information about this can be found here.

Where you are not a consumer, you confirm that you have authority to bind the business on behalf of which you are accepting these Terms. In that context, references to “you” or “your” will be to that business. Otherwise it will refer to you, the individual entering into these Terms.

ACCOUNT CREATION AND SECURITY

  • You must create an account to use our Platform. When you register for an account on our Platform you must ensure that all information you provide to us is accurate and kept up to date. Upon registration we grant to you the personal, non-transferable right and license to use the Platform for your own internal business purposes, until terminated as set out in these Terms.
  • You must keep your account details safe. Any piece of information as part of our security procedures including your username and password must be treated as confidential. We have the right to disable any user identification code or password at any time. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at legal@devopness.com.
  • These terms are binding. By using our Platform and downloading any of our Website Content you acknowledge that these terms will apply and you have legal capacity to enter into contracts in the country you live. You also confirm that when acting on behalf of a business you have authority to bind them to these terms. If this is not the case, you should not use our Platform.
  • Subscription fees. A free subscription option is available, but if you wish to set up a paid subscription, you will only be able to use the premium services if you pay the relevant fees. You will be liable to pay for all taxes and duties imposed by the relevant authorities, all prices listed on our Platform are exclusive of these.
  • Payment terms. Where you sign up to a monthly plan with us, all subscription fees will be payable in advance at the beginning of each subscription period. You will be able to cancel your monthly subscription at any time which will give you access to premium services in our Platform until the end of the current paid term, after which no further payments will be taken.
  • Cancellation, Refunds, And Guarantees. If you purchase a subscription to one or more of our services, you can cancel your subscription at any time by logging into your account in our Platform. Your cancellation will take effect at the end of the current paid term. No refunds will be provided for our subscription services.
  • Third party subscriptions. Some features on our platform may require you to have a paid subscription with external providers. These fees are independent of any charges paid to us, and it is your responsibility to establish these accounts and abide by the terms of the third-party provider, this includes but is not limited to, server providers such as Amazon Web Services, DigitalOcean, Google Cloud Platform, Microsoft Azure and source control providers like GitHub, GitLab, and Bitbucket.
  • Upgrades and downgrades. Where you upgrade or downgrade the services you can access on our Platform and you are on a monthly plan, we will amend your fees payable on the next billing cycle. By downgrading your services it may cause you to lose features and/ or data. We will in no way be liable for this.

In the event you exceed the limit of your current plan, we may decide to upgrade your account accordingly to facilitate your usage. We will provide you with 14 days notice prior to upgrading your account in which you can choose to object to this change of Platform access.

  • Merchant of record. Where you pay fees for the services we provide to you as part of your access to our Platform, we will use a merchant of record: Paddle, to recover these fees and any applicable taxes. Any invoices or payments from your account will be under the name “Paddle”.

OUR PLATFORM

  • What is our platform? Our “Platform” to our platform and all other related services and documentation that gives you access to products and services (“Website Content”), except for User Content.
  • User Content. Our Platform allows you to create and manage multiple cloud infrastructure projects, environments, which allow managing infrastructure resources such as applications, servers, cron jobs, SSH keys, daemons, network rules, and services.
  • Action. Any operation executed by Devopness on user environment resources is considered an action, and it will only be performed if the user has sufficient action credits available.
  • Action credits. Each plan on Devopness will have a set number of action credits that will become available on a monthly basis upon processing of the subscription fees.
  • Performance of the Platform. During your use of the Platform, we will take steps to ensure that the Platform functions as described at the point you signed up.

Although we will introduce technology to prevent malware and viruses we do not guarantee that our Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Platform.

  • What happens when the Platform stops working as described. In the event you report to us a substantial error with the Platform, we will seek to correct this within a reasonable amount of time – where legally permitted, this will be your sole remedy.
  • We may suspend or withdraw our Platform. We do not guarantee that our Platform, or any of the Website Content or the User Content, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons.

You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of and comply with these Terms.

  • What action we may take in the event of a breach. When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate including:
    • immediate, temporary or permanent withdrawal of your right to use our Platform;
    • immediate, temporary or permanent removal of any User Content uploaded by you to our Platform;
    • legal action against you; and/or
    • disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
  • You must maintain a secure internet connection. Where you lose access to the Platform and any User Content due to a disruption in your telecommunications or internet services, we will in no way be liable for any losses suffered.
  • Where our Platform contains links to other sites, User Content and resources provided by third parties. These are provided for your information only. They should not be interpreted as approval by us of those linked websites or information you may obtain from them.

CONTENT ON OUR PLATFORM

  • Devopness Website Content: We are the owner or the licensee of all intellectual property rights in all of the Website Content on our Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may download Website Content from our Platform for your personal use and you may draw the attention of others within your organization to Website Content posted on our Platform. You must not modify any Devopness Website Content you download.
  • User Content you upload to or through our Platform must be the following: (i) accurate (where it states facts); (ii) be genuinely held (where it states opinions); and comply with the law applicable in English.
  • User Content you upload to or through our Platform must not: (i) contain any material which is defamatory of anyone or could bully, insult, intimidate, discriminate or humiliate someone; (ii) be unlawful; (iii) promote sexually explicit material, selling, or disseminating pornography or other erotic material, regardless of its purpose; (iv) promote violence; (v) infringe any copyright, database right or trade mark; (vi) be likely to deceive any person; (vii) give the impression that the Services originates from us or another person for which you do not have authority from; (viii) contain any advertising or promotion for another company and/ or site; and (ix) knowingly introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.(x) attempt unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access; (xi) provide False Data on any Contract or Application: including fraudulent use of credit card numbers; (xii) send of any unsolicited or promotional material (SPAM) or unauthorized advertising; (xiii) attack and/or attempts to steal money and/or identity, by getting others to reveal personal information, such as credit card numbers, bank information, and/or passwords on websites that pretend or represent to be legitimate; and (xiv) use Devopness in a manner inconsistent with any applicable laws or regulations.
  • Do not reverse engineer any of the Platform. You will not reverse engineer or otherwise attempt to derive or obtain information about the functioning, manufacture or operation of the Platform. Nor will you attempt to modify, translate, or create derivative works based on the Platform; or copy (save for archival purposes), rent, lease, distribute, pledge, assign or otherwise transfer or encumber rights to the Platform.
  • Internal business use only. You acknowledge and agree that you can only use the Platform for internal business purposes only and may not transfer, sell, distribute, lease, sublease, assign or license to any third parties.
  • You must not attempt to gain unauthorized access. Whether this is to our Platform, the servers on which our Platform is stored or any servers, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.
  • Server Security. You are solely responsible for maintaining the security of your servers that are provisioned, connected or managed through our Platform. Devopness shall have no liability for any security breaches or data breaches of your servers, even if those servers were initially created and provisioned by our Platform. Devopness does not guarantee the security of any of your servers, even if those servers were initially created and provisioned by our Platform.
  • Backup. You are solely responsible for the preservation of the data you save on physical, and virtual servers and cloud services managed through our Platform (the “Data”). Devopness shall have no responsibility to preserve Data and shall have no liability for any Data that may be lost.

INTELLECTUAL PROPERTY

  • Our Platform. We are the owner or the licensee of all intellectual property rights in the Platform including any modifications and improvements, whether made by us or suggested by you. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We provide you with a worldwide, non-exclusive, non-transferable, non-sublicensable, revocable limited term license for internal use only to use the Platform in accordance with these Terms. Such a right to use the Platform and any User Content on the Platform will expire at the point your subscription ends or when we terminate the Agreement, whichever is sooner.
  • Data you transmit through the Platform. All documents, messages, logos, images, files and other information you transmit through our Platform, will remain yours and you shall retain all rights, titles and interest in those. You do however provide us with a worldwide, royalty-free, non-exclusive, transferable and sublicensable right to use your data to improve our Platform.
  • User Content. We will retain all intellectual property rights in the User Content on the Platform, save for those created by you and our other users. We grant to you a non-exclusive license to make, use and share User Content publicly with other users via the Platform. Any User Content created by you are private, and it is your choice as to whether or not you share these with the Devopness community publically to use, share and modify. You grant to us a worldwide, royalty-free, non-exclusive, transferable and sub-licensable right to use, modify and distribute any User Content you choose to share on our Platform. You acknowledge that where we create User Content materially similar to or the same as any User Content you have made public on our Platform, you will have no claims against us including for infringement or misappropriation.

CANCELLATION, TERMINATION AND SUSPENSION

  • Termination of your subscription term. Your subscription will start on the date you sign up as a user of the Platform and agree to these Terms. Your access to the Platform will continue until the earlier of you canceling your subscription; we terminate your right to access the Platform; or you commit a material breach of these Terms. All fees owed to Devopness and charges accrued before such termination shall be immediately due and payable.
  • Where you wish to terminate your subscription. You can do this via the Platform or by email at: legal@devopness.com.
  • Deletion of data. We will only retain your data for as long as we need it. We will contact you by email 30 days before deactivating and deleting your account.
  • Survival of important terms. Please note that all rights under this Agreement, which by nature should survive termination, will, including Indemnity, Liability, Governing Law, Notices and Intellectual Property.

INDEMNITY

  • Your indemnity to us. You agree to indemnify us, our affiliates, directors, officers and employees against all loss, costs, damages, liabilities and expenses that arise out of your breach of these Terms and/ or use of the Platform.

LIABILITY

  • We do not limit any losses that we are not allowed to limit: We do not exclude or limit in any way our liability to you where it would be unlawful to do so including death or personal injury caused by our negligence.
  • What we do limit: We exclude all implied conditions, warranties, representations or other terms that may apply to our Platform or any Services on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, our Platform; or use of or reliance on any Services displayed on our Platform.

In particular, we will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

  • No Services guarantees. The Platform is provided “as is”. We make no guarantee as to the quality of the Platform and its suitability for your individual purposes, and will not be liable in the event you do not undertake your own prior due diligence.
  • Severability. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

NOTICES

  • Where do we issue notices to you. We will issue all notices to you via the Platform save for any that will materially impact your rights or your use of the Platform which we will email to you, via the email you use to subscribe to the Platform.
  • Complaints and legal disputes. Where you have any complaints, are subject to insolvency (or similar) proceedings or wish to issue legal proceedings against us, you should send notice of these to legal@devopness.com.

GOVERNING LAW

  • What laws apply to these Terms? These terms are governed by English law and you can bring legal proceedings in the English courts. However if you are a consumer you may also benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.
  • Changes to these Terms. As our service grows and improves, we might have to make changes to these Terms. We will do this by uploading the latest version with a date confirming when they went live.

Effective 01 February 2023

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