Terms of Service
These Terms govern your use of devArtisans' website, software products, and professional services. Please read them carefully before using our Services.
Welcome to devArtisans. These Terms of Service ("Terms") are a legal agreement between you and devArtisans (referred to as "devArtisans," "we," "us," or "our") governing your access to and use of our website, software, and professional services. These Terms apply to all visitors, users, and clients. If you have a separate Master Services Agreement or Statement of Work with devArtisans, those documents govern in the event of any conflict with these Terms.
1. Acceptance of Terms
Agreement to Terms
By accessing or using the devArtisans website, software products, or professional services (collectively, the 'Services'), you agree to be bound by these Terms of Service ('Terms'). If you do not agree to these Terms, you must not access or use the Services.
Capacity and Authority
By accepting these Terms, you represent that you are at least 18 years of age and, if acting on behalf of an organization, that you have the authority to bind that organization to these Terms. These Terms form a binding legal agreement between you (or your organization) and devArtisans.
Updates to Terms
devArtisans reserves the right to modify these Terms at any time. We will provide notice of material changes by updating the 'Last Updated' date at the top of this page and, where appropriate, by sending an email notification. Your continued use of the Services after such changes constitutes your acceptance of the revised Terms.
2. Description of Services
Scope of Services
devArtisans provides software engineering, artificial intelligence, cybersecurity consulting, and related professional services. The specific scope, deliverables, timelines, and pricing for any engagement are governed by a separate Statement of Work (SOW) or Master Services Agreement (MSA) entered into between you and devArtisans.
Service Availability
We strive to maintain high availability of our digital platforms and services. However, we do not guarantee uninterrupted access and reserve the right to perform maintenance, upgrades, or emergency interventions that may temporarily affect availability. We will endeavor to provide advance notice of planned maintenance windows.
Third-Party Integrations
Certain Services may integrate with or rely upon third-party tools, platforms, or APIs. devArtisans is not responsible for the availability, accuracy, or performance of third-party services, and your use of such third-party services is subject to their respective terms and conditions.
3. User Accounts and Responsibilities
Account Registration
Some Services require you to register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. devArtisans reserves the right to suspend or terminate accounts with inaccurate or incomplete information.
Account Security
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify devArtisans of any unauthorized use of your account or any other security breach at security@devartisans.com.
Acceptable Use
You agree to use the Services only for lawful purposes and in a manner consistent with these Terms. You must not attempt to gain unauthorized access to any part of the Services, interfere with or disrupt the integrity or performance of the Services, or use the Services to transmit any malicious code, spam, or unlawful content.
4. Intellectual Property
Ownership of devArtisans IP
All content, software, designs, trademarks, service marks, and other intellectual property embodied in or associated with the Services are owned by or licensed to devArtisans. Nothing in these Terms grants you any right, title, or interest in any devArtisans intellectual property except as expressly stated herein.
License to Use the Services
Subject to your compliance with these Terms, devArtisans grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes. This license does not include the right to sublicense, resell, or commercially exploit any portion of the Services.
Client-Owned Deliverables
Unless otherwise agreed in a written SOW or MSA, work product, code, and deliverables specifically created and delivered to you under a paid engagement will be assigned to you upon receipt of full payment. Pre-existing devArtisans tools, frameworks, and methodologies incorporated into deliverables remain the sole property of devArtisans.
Feedback
If you provide devArtisans with any feedback, suggestions, or ideas regarding the Services, you grant devArtisans a perpetual, irrevocable, royalty-free license to use, implement, and commercialize such feedback without restriction or compensation to you.
5. Payment and Billing
Fees and Invoicing
Fees for Services are as specified in the applicable SOW or order form. Unless otherwise stated, invoices are payable within thirty (30) days of the invoice date. All fees are quoted exclusive of applicable taxes, which shall be the responsibility of the client.
Late Payments
Overdue amounts will accrue interest at a rate of 1.5% per month (or the maximum rate permitted by law, if lower) from the due date until the date of payment. devArtisans reserves the right to suspend Services for any account with payments overdue by more than fourteen (14) days.
Refund Policy
Due to the nature of professional and software services, all fees are generally non-refundable once Services have commenced. Exceptions may be outlined in your specific SOW. For prepaid subscription products, prorated refunds may be provided at devArtisans' discretion upon written request.
6. Confidentiality
Mutual Obligations
Each party agrees to keep confidential all non-public information of the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure ('Confidential Information').
Exceptions
Confidentiality obligations do not apply to information that is publicly available without breach of these Terms, independently developed without use of the other party's information, received from a third party without restriction, or required to be disclosed by law or court order (subject to prior notice where permitted).
Duration
Confidentiality obligations survive the termination or expiration of these Terms for a period of three (3) years, or indefinitely with respect to trade secrets.
7. Disclaimers and Limitation of Liability
Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. devArtisans DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, devArtisans' TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO devArtisans IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Exclusion of Consequential Damages
IN NO EVENT SHALL devArtisans BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend, and hold harmless devArtisans and its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of your use of the Services, your violation of these Terms, or your violation of any third-party rights.
8. Termination
Termination by Either Party
Either party may terminate these Terms or a specific service engagement upon thirty (30) days' written notice, subject to any additional terms in the applicable SOW. devArtisans may terminate or suspend access to Services immediately, without prior notice, for material breach of these Terms.
Effect of Termination
Upon termination, your right to use the Services will immediately cease. You must promptly delete or return any devArtisans Confidential Information in your possession. Accrued payment obligations, indemnification, confidentiality, and limitation of liability provisions survive termination.
9. Governing Law and Dispute Resolution
Governing Law
These Terms are governed by and construed in accordance with the laws of the jurisdiction in which devArtisans is registered, without regard to its conflict of law principles.
Dispute Resolution
The parties agree to first attempt to resolve any dispute informally through good-faith negotiation for a period of at least thirty (30) days before initiating formal proceedings. If not resolved informally, disputes shall be submitted to binding arbitration in accordance with the rules of a mutually agreed-upon arbitration body.
Class Action Waiver
You agree that any disputes will be resolved on an individual basis, and you waive any right to participate in a class action lawsuit or class-wide arbitration against devArtisans.
10. General Provisions
Entire Agreement
These Terms, together with any applicable SOW, MSA, or other written agreements, constitute the entire agreement between you and devArtisans concerning the Services and supersede all prior negotiations, representations, or agreements.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
Waiver
Failure by devArtisans to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of devArtisans.
Force Majeure
devArtisans shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, government action, or internet service outages.
11. Contact Information
Legal Inquiries
For legal inquiries related to these Terms, please contact our Legal team at legal@devartisans.com. For general inquiries, you may use the Contact Us form on our website.
Notices
Formal notices under these Terms must be delivered in writing via email to legal@devartisans.com with confirmation of receipt, or by courier to our registered business address. Notices sent by email are deemed received on the next business day after transmission.
Also see our Privacy Policy for information on how we handle your personal data.
Contact Legal Team