Devwork

Terms & Conditions

Devwork (Devwork,” “we,” “our,” “us”) offers a variety of software and organizational tools, as websites and APIs.

User Terms of Service (“Terms”) are a binding legal contract between you and DEVWORK and explain the rules governing your use of our Services. These Terms apply to you as a user of our Services. By accessing or using our Services, you acknowledge and agree to be bound by these Terms and confirm you have read and understand our Privacy Statement. If you do not agree to these Terms, please do not access or use our Services.

We may revise these Terms from time to time by posting a modified version on our website. If you do not agree to or cannot comply with the modified Terms, you must stop using our Services. Unless otherwise stated elsewhere in these Terms or in our notice, the updated Terms will take effect upon their posting and will apply on a going-forward basis. Your continued use of our Services and Websites after any update to these Terms constitutes your acceptance of such changes.

How this may apply to you

There are three main categories of users:

  1. Visitors: people who access our public websites
  2. Free Customers: people who use our Services using a free account. Free customers may have individual projects or take part as invited into other projects
  3. Paid Customers: people who use our Services as part of a paid subscription plan, and as such is subject to a "Customer Agreement" governing access and licence to the paid Services.

Customer Data

When you submit content or information to our Services (“Customer Data”), you acknowledge and agree that the Customer Data is controlled by the Customer and provides the Customer with choices, control, and licence over that Customer Data.

You acknowledge and agree that it is solely Customer’s responsibility to inform you and any other users of any relevant Customer policies, practices and settings that may impact the processing, disclosure, modification, or deletion of Customer Data.

You acknowledge and agree that it is solely Customer’s responsibility to obtain any rights, permissions or consents from you and any other users that are necessary for the lawful use of Customer Data.

You acknowledge and agree that it is solely Customer’s responsibility to respond to and resolve any dispute with you and any other users relating to Customer Data.

Eligibility

You represent and warrant that you are of legal age (and at least 16 years of age) and competent to agree to these Terms.

If Devwork has previously prohibited you from accessing or using our Services you may not access or use our Services.

Accounts

To access our Services as either a Paid or Free Customer you must authenticate (sign in) to our Services, and register an "Account". It is your responsibility to ensure that your password remains confidential and secure, and you agree that you will not allow others to access our Services using your account. By registering, you agree that you are fully responsible for all activities that occur under your account. We may assume that any communications we receive under your account have been made by you.

You are responsible for notifying us for support if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity to support you.

We will not be liable for any loss, damages, liability, or expenses that you may incur as a result of someone else using your Account, either with or without your knowledge and/or authorization, and regardless of whether you have advised us of such unauthorized use.

Licence

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use our Services in a manner that complies with these Terms and all legal requirements that apply to you or your use of our Services. We may revoke this license at any time, at our sole discretion.

Acceptable Use

You may not cause disruption of our Services. You may not:

  • access, tamper with, or use non-public areas of our Services
  • probe, scan, or test the vulnerability of any system or network or circumvent any security measure
  • access or search our Services or Websites by any means other than our publicly supported interfaces (e.g. “scraping”)
  • interfere with or disrupt, or attempt to interfere with or disrupt, our infrastructure
  • access of any our users, hosts, network, nor infrastructure

You may not use our Services to carry out, promote or support:

  • any disinformation, deception, or otherwise fraudulent activities
  • the impersonation of another person or entity
  • misrepresentation of an affiliation with a person or entity
  • activities that are defamatory, libellous or threatening, or otherwise constitute hate speech, harassment, or stalking
  • the violation of any law or the rights of others
  • for harm or abuse of another person
  • the sending of unsolicited communications, promotions, advertisements, or spam
  • the development of services that compete with Devwork

You may not post any User Content / User Data on our Services that:

  • is deceptive, fraudulent, illegal, obscene, defamatory, disparaging, libellous, threatening, or pornographic
  • misrepresents any content, information or other outputs generated by AI as human-generated
  • may be construed as harm or abuse of another person
  • contains any personal information of minors
  • contains any sensitive personal information as defined by applicable law (such as financial information, payment card numbers, social security numbers, or health information)
  • contains viruses, bots, worms, or similar harmful materials
  • contains any information that you do not have a right to make available

If we reasonably believe a violation of this Acceptable Use Policy has occurred the access to our Services may be suspended or terminated. Customer Content / Data may be quarantined, and may be reported to law enforcement.

Ownership and Rights

Devwork exclusively own all right, title, and interest in and to all intellectual property rights in our Services and Websites. You agree to abide by all applicable copyright. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to our Services and Websites shall, as between you and us, at all times be and remain the sole and exclusive property of Devwork.

Warranties, Disclaimer, and Limitation of Liability

OUR SERVICES AND WEBSITES AND USER CONTENT, WHETHER PROVIDED BY DEVWORK, ITS LICENSORS, ITS VENDORS OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OUR SERVICES AND WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, DEVWORK DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON OUR SERVICES AND WEBSITES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF USER CONTENT) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) OUR SERVICES AND WEBSITES OR THE SERVER(S) THAT MAKE OUR SERVICES AND WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DEVWORK DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICES AND WEBSITES OR ANY WEBSITE FEATURED OR LINKED TO THROUGH OUR SERVICES AND WEBSITES, AND DEVWORK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE AND WEBSITES. DEVWORK WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL DEVWORK OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES AND WEBSITES, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON OUR SERVICES AND WEBSITES, OR ANY LINK PROVIDED ON OUR SERVICES AND WEBSITES, WHETHER OR NOT DEVWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED NZ$100.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD DEVWORK, ITS AFFILIATES, AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, CONTRACTORS, OR REPRESENTATIVES HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, MADE IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF OUR SERVICES AND WEBSITES, YOUR CONNECTION TO OUR SERVICES AND WEBSITES, YOUR VIOLATION OF THE TERMS, YOUR VIOLATION OF AN APPLICABLE LAW, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF USER CONTENT TO OUR SERVICES AND WEBSITES, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER INDIVIDUAL OR ENTITY. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

Resolution

These Terms will be governed by the laws of New Zealand notwithstanding its conflicts of law principles.

If you take any issue with us or our Service, you agree that before taking any formal action, you will contact us at dispute-notice@devwork.app and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation with us, and good faith negotiations shall be a condition to either party initiating a lawsuit.

Failure to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If any provision of these Terms is found to be invalid or unenforceable, the parties agree that the court should endeavour to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.

These Terms constitute the entire agreement between you and Devwork, and supersede any prior agreements on the subject matter.

Any non-English translations of these Terms are provided for convenience only.