DevStructure — faster dev, smarter ops

DevStructure Terms of Service

Thank you for choosing to use the products, services, API (Application Program Interface) and sites thereto known as the Service ("Service") of DevStructure LLC ("DevStructure").  By using our Service you are agreeing to the following terms and conditions thereto known as the Terms of Service ("Terms of Service").  DevStructure reserves the right to update and change the Terms of Service without notice.  You can review the current Terms of Service at http://www.devstructure.com/tos.

Account Terms

  1. You may only use our Service if you are of legal age to form a binding contract.  In order to sign up for our Service, you must provide current and accurate identification, contact information and any other information required to complete the process including a full legal name, a valid email address and a username.  DevStructure is not liable for any loss or damage associated with your failure to provide accurate and valid account information.
  2. You are responsible for the confidentiality of your account information and are the only person allowed to use your account.  Multiple people using the same account is a violation of the Terms of Service.  DevStructure is not liable for any loss or damage associated with your failure to protect your account information.
  3. You are solely responsible for all content on your account and the usage of your account.  You agree to immediately notify DevStructure of any unauthorized use of your account or any other security violation.  You may not use the Service for any illegal, unauthorized or otherwise malicious purpose and doing so constitutes a violation of the Terms of Service.
  4. You understand that in order to provide our Service, DevStructure must routinely access your servers remotely.  As such your use of the Service signifies your acknowledgement of this access and grants DevStructure the permission and authority to login to the servers you have created using the Service or servers you have designated for use with the Service.  DevStructure is not liable for any loss or damage associated with our access to your servers.

Account Charges and Billing

  1. All paid plans require a valid credit card, although a credit card is not required to sign up for the service.
  2. You agree that DevStructure shall be permitted to charge your credit card on a monthly basis in advance of services, as needed for prorated charges, for any applicable sales taxes and for any other charges you may incur in connection with the use of our Service.  DevStructure is not responsible for additional bank fees, interest, finance or overdraft charges or any other fees resulting for charges billed by DevStructure.
  3. There will be no refunds or service credits.  All charges are non-refundable unless expressly stated otherwise or otherwise provided by applicable law.  The costs of any returns, if permitted, will be at your expense.

Account Cancellation or Suspension

  1. DevStructure may cancel or suspend your access to the Service at any time and for any reason without notice.
  2. You may cancel the Service at anytime.  You must cancel your own account for security purposes.  When you cancel, your right to use the Service stops immediately.  When your account is cancelled or deleted, all of your data, sandboxes, servers and account information ("Content") will immediately be removed from the Service and cannot be recovered.

Third Party Services

  1. You understand that DevStructure uses third party vendor services, software, hardware and networking ("Third Party Services") in order to provide you with our Service.
  2. Third Party Services are provided to you as is and are subject to change and/or removal at anytime
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  3. If you use our Service in conjunction with pass through billing for Third Party Services, you expressly agree to and are bound by the Terms and Services of the Third Party Services in addition to our Terms of Service.  DevStructure cannot provide you with any support for the Third Party Services.
  4. If you use our Service and access Third Party Services via an API key, token or any other type of login or authentication information which you provide to us, you expressly agree to and are bound by the Terms and Services of the Third Party Services in addition to our Terms of Service.
  5. If you provide DevStructure with API key, token or any other type of login or authentication information for Third Party Services, you agree that DevStructure may use this information to access Third Party Services as needed in order to provide you with our Service.  You are solely responsible for all charges and fees incurred using Third Party Services in order to provide you with our service.

General Information

  1. YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK, THE SERVICE IS PROVIDED AS IS, AS AVAILABLE AND WITHOUT WARRANTIES OR GUARANTEES APPLIED.
  2. You agree there shall be no third party beneficiaries to the Terms of Service.
  3. Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited.
  4. You agree that DevStructure may provide you with notices, including changes to the Terms of Service, by email or postings on DevStructure sites.
  5. You must not change, modify, reproduce, copy or exploit any portion of the Service, including source code and executables, without the express written consent of DevStructure.
  6. The Terms of Service constitute the entire agreement between you and DevStructure and govern your use of the Service.  You may be subject to additional terms and conditions that apply when you use or purchase affiliate services, third-party content or third-party software.
  7. The Terms of Service and the relationship between you and DevStructure shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.  You and DevStructure agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Palm Beach County, Florida.
  8. The failure of DevStructure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.  If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
  9. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of DevStructure services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Limitation of Liability

  1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT DEVSTRUCTURE SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE DEVSTRUCTURE SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO DEVSTRUCTURE SERVICES.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE MONETARY LIABILTY OF DEVSTRUCTURE AND ANY OF ITS AGENTS, SUPPLIERS, EMPLOYEES, OR AFFILIATES IN CONNECTION WITH THE DEVSTRUCTURE SERVICES , UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL NOT EXCEED THREE TIMES ONE MONTHS RECURRING FEE FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM AS OF THE TIME OF THE OCCURRENCE OF THE EVENTS GIVING RISE TO THE CLAIM.
  2. You agree to defend, indemnify and hold harmless DevStructure LLC, its 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: (i) your use of and access to the DevStructure services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that use of our services caused damage to a third party.  This defense and indemnification obligation will survive this Agreement and your use of the DevStructure services.

Questions

Questions about this policy should be sent to support@devstructure.com.