Update Notice: We updated the Devinepuppy Terms of Service effective November 15, 2022. For new users, these updates will apply immediately. For existing Devinepuppy users, these updates will apply beginning December 15, 2022. Your continued use of our Service automatically constitutes your acceptance of these updated Terms. You may review the prior version of the Devinepuppy Terms of Service here. These updated Terms completely replace all previous versions.
Thanks for using Devinepuppy! Please read these Devinepuppy Terms of Service (the “Terms“) carefully. They govern your access to and use of Devinepuppy ’s cloud-based automation technology services available at devinepuppy.com after logging into your Devinepuppy Account (as defined below), Devinepuppy APIs and any updates, upgrades, modified versions, extensions, improvements, and derivative works of the foregoing (collectively, the “Service“).
“You” means the organization, business, or other legal entity (“Organization”) for which you act. You represent and warrant that (i) you have full legal authority to bind the Organization to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the Organization. Your Organization is legally and financially responsible for your access to and use of the Service as well as for the use of your Service account by others affiliated with the Organization, including any employees, agents, or contractors. If you are accessing the Service for personal use only (i.e. not in connection with any organization, business, or other legal entity) as indicated by using a personal email to sign up for your Devinepuppy Account, then all reference to “You” means you as an individual.
a. “Acceptable Use Policy” means the Devinepuppy Acceptable Use Policy which is incorporated into these Terms.
b. “Account Information” means information about your Devinepuppy account and information that you and your Users provide to Devinepuppy in connection with (1) the creation or administration of your Devinepuppy account, or (2) Devinepuppy’s maintenance of your Devinepuppy account or the Service. For example, Account Information includes names, usernames, passwords, email addresses, and billing information.
c. “Affiliate” means, with respect to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with such party, whereby “control” (including, with correlative meaning, the terms “controlled by” and “under common control”) means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such entity, whether through the ownership of voting securities, by contract, or otherwise.
d. “Documentation” means Devinepuppy provided user documentation relating to the Service found in our help center, as may be updated by Devinepuppy from time to time. Documentation does not include any content published on any other site, community, or pages.
e. “Early Access Release” means any alpha, beta, developmental, test, experimental, and/or early-access features of the Service.
f. “Fees” means the fees applicable to your use of the Service in accordance with the applicable package as set forth in our pricing notice included in the Service or on the Site.
g. “Subscription Term” means the period during which you have agreed to subscribe to the Service.
h. “Feedback” means all suggestions, enhancement requests, recommendations, or other feedback regarding the Service or any Early Access Release.
i. “Third Party Login” means your login credentials from a supported third party site or product which are integrated to allow you to access your Devinepuppy Account.
j. “Third Party Services” means any third party service, connection, site, platform, application, software or integration that interoperates with the Service.
k. “Usage Information” means information and data, including metadata, relating to the provision, use, and performance of various aspects of the Service, Third Party Services integrations, and related systems and technologies, including information concerning your use of the various features and functionality of the Service and your Devinepuppy Account, and analytics and statistical data derived therefrom.
l. “User Content” means any data, information, or material originated by you that you transmit through the Service to your Devinepuppy Account.
m. “Devinepuppy Account” means the account on the Service you register and open in order to access and use the Service.
1. Devinepuppy Account Registration
a. Account Registration and Use License: In order to access and use the Service, you must register for a Devinepuppy Account. You must provide and maintain accurate, current, and complete Account Information. Upon your proper registering for a Devinepuppy Account and subject to these Terms, Devinepuppy hereby grants you a worldwide, non-exclusive, non-transferable, non-sublicensable right and license to use the Service during the applicable Subscription Term, solely for your own internal business purposes and in accordance with the Documentation.
b. Eligibility: In order to open and maintain a Devinepuppy Account, you hereby represent, warrant, and covenant that you have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside.
c. Credentials: To set up and use your Devinepuppy Account, you may either (i) create a user ID and password to access your account; or (ii) use Third Party Login credentials from a supported third-party site. You are responsible for maintaining the confidentiality of your Devinepuppy Account credentials. You agree to immediately notify Devinepuppy of any suspected or actual unauthorized use of your Devinepuppy Account. You agree that you are responsible and liable for all uses of the Service under your Devinepuppy Account, including without limitation, compliance with all applicable laws, and regulations, and third-party terms. You further agree that Devinepuppy will not be liable for any cost, loss, damages, or expenses arising out of a failure by you to maintain the security of your Devinepuppy Account or your Third Party Login credentials.
2. Fees; Term and Termination
a. Fees: Some Service features may only be accessed and used after payment of applicable Fees. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, ANY SERVICE PROVIDED DURING A FREE TRIAL PERIOD IS PROVIDED “AS-IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR INDEMNITIES. All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are solely responsible for payment of all such taxes, levies, or duties.
b. Subscription Term and Auto-Renewal: Your Subscription Term begins once you register for your Devinepuppy Account, and is the billing cycle that you selected for your Devinepuppy Account. UNLESS YOU DOWNGRADE OR CANCEL YOUR SUBSCRIPTION OF YOUR SUBSCRIPTION PRIOR TO EXPIRATION OF YOUR CURRENT SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR ANOTHER SUBSCRIPTION TERM ON THE SAME PLAN AND FOR A PERIOD EQUAL TO YOUR THEN CURRENT SUBSCRIPTION TERM. All renewals are subject to the applicable Service continuing to be offered.
3. Your Use of the Service and Restrictions
a. Account and Use of Service: You may use your Devinepuppy Account and the Service only (i) for lawful purposes; and (ii) in accordance with these Terms.
b. Prohibited Use: You shall not use or access the Service in violation of the Acceptable Use Policy. In addition, you agree not to, directly or indirectly (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code or underlying structure, ideas, or algorithms of the Service; (ii) modify, translate, or create derivative works based on the Service, or copy (except for archival purposes), rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service; (iii) use or access the Service to build or support, and/or assist any third party in building or supporting, products, or services competitive to Devinepuppy; (iv) remove any proprietary notices or labels from the Service; or (v) otherwise use the Service outside of the scope of the rights expressly granted herein. You agree to use the Service a only for your own internal business operations, and not to transfer, distribute, sell, republish, resell, lease, sublease, license, sublicense, whitelabel or assign the Service or use the Service for the operation of a service bureau or time-sharing service.
c. Your Use of The Service to Send Communications: You acknowledge that (i) you are exclusively responsible for and control the timing, content, and distribution of any telephonic or electronic communications made or initiated to any person or entity in connection with your use of the Service; and (ii) any such communications are made or initiated only as a result of your actions. You further warrant that all telephonic or electronic communications made or initiated in connection with your use of the Service comply with all applicable foreign and U.S. federal or state laws and regulations, including without limitation the Telephone Consumer Protection Act, before you make or initiate any telephonic or electronic communication through the Service.
d. Export Controls: You hereby represent, warrant, and covenant that (i) you understand and acknowledge that components of the Service may be subject to export, re-export, and import restrictions under applicable law; (ii) you will not use the Service in a manner that violates applicable U.S. export laws or U.S. Department of Commerce regulations; and (iii) you are not located in, under the control of, or a national or resident of any country against which the United States currently has sanctions.
e. Location of the Service. Devinepuppy operates or controls the operation of the Service from a cloud service located in the United States. In addition, the Service and User Content may be accessed, mirrored, and/or managed from various locations outside the United States.
f. Early Access Program: From time to time, Devinepuppy may, in its sole and exclusive discretion, allow you to access and use certain Early Access Releases, with your consent. In consideration for receiving access to an Early Access Release, you hereby agree to the following: (i) any feedback, analysis, suggestions, comments, bug reports, or test results that you provide to Devinepuppy regarding such Early Access Release shall be deemed “Feedback” under Section 6(b) below; (ii) information regarding an Early Access Release shared with you or generated from that Early Access Release, including without limitation, images or recordings of them constitutes Devinepuppy ’s Confidential Information under Section 10 below; (iii) Early Access Releases may only be made available for a limited amount of time and should not be relied upon for any ongoing needs; (iv) Devinepuppy may, in its sole and exclusive discretion, terminate or discontinue any Early Access Release and/or your specific access to such Early Access Release with or without advance notice; and (v) your participation in using any Early Access Release is solely at your own risk and that no other party, including without limitation, Devinepuppy, shall have any liability to you in connection with or otherwise related to your use of Early Access Releases. Early Access Releases are made available on an “as is” basis, without warranty, representation or indemnification of any kind, express or implied, and sections 8(a) and 8(d) below do not apply to Early Access Release.
4. Terms that Apply to Your Data
a. Your Data: You retain ownership of your User Content, including User Content from your accounts with Third Party Services that passes through the Service. By transmitting User Content through the Service, you hereby grant Devinepuppy a worldwide, non-exclusive, and limited term license to access, use, process, copy, store, distribute, perform, transmit, export, and display User Content and to access your Devinepuppy Account, as reasonably necessary: (i) to provide, maintain, operate, and update the Service and to provide technical support for the Service; (ii) to prevent or address service, security, support, or technical issues; or (iii) as required by law. If your Devinepuppy Account has owners, administrative, or super administrative users, you understand and agree that such users may be able to access, modify, and/or delete (as applicable) your User Content, and other data contained in your Devinepuppy Account, as described in the Documentation.
b. Your Compliance Obligations: You shall be solely responsible for the accuracy, quality, content, and legality of User Content, and any actions triggered by User Content. You represent and warrant that (i) you have obtained all necessary rights, releases, and permissions to transmit User Content through the Service and for any actions triggered by User Content on the Service, and to otherwise use, process, and/or store User Content on the Service used or stored and (ii) User Content, and its transmission, processing, storage, and use as you authorize in these Terms or through your Devinepuppy Account will not violate any laws or regulations, these Terms, or the terms of any applicable Third Party Service.
c. No Prohibited Sensitive Personal Data: You may not access or use the Service to upload or transmit any Sensitive Personal Data. As used herein “Sensitive Personal Data” means data subject to heightened privacy or security requirements by law or regulations, including, without limitation, any personal financial or medical information of any nature, or any sensitive personal information (e.g., government issued identification numbers, driver’s license numbers, personal bank account numbers, passport or visa numbers, credit card numbers, passwords and security credentials). We have no liability under these Terms for any Sensitive Personal Data uploaded or transmitted in violation of the foregoing.
d. Enforcement: We reserve the right, but do not undertake the obligation, to monitor the Service, investigate, and take appropriate action against any party that uses the Service in violation of applicable law or these Terms, including but not limited to, the right to remove, or delete any User Content. We will use reasonable efforts to provide you with advance notice of removals and suspensions when practicable, but if we determine that your actions could endanger the operation of the Service or other users, we may suspend your access or remove your User Data immediately without notice. We have no liability to you for accepting, removing, or deleting your User Content.
5. Third Party Services
a. The Service may contain links to and integrations with Third Party Services. Devinepuppy provides such links to and integrations solely as a convenience, has no responsibility for the content or availability of such Third Party Services, and does not endorse such Third Party Services (or any products or other services associated therewith). Access to any Third Party Services linked to the Service is at your own risk, and Devinepuppy is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made by, on, or through such Third Party Services. Your use of any Third Party Services is subject to the terms applicable to such Third Party Service. You may not post a link that directs users to any content or information that would constitute a violation of these Terms or any terms applicable to such Third Party Service.
b. You acknowledge and agree that your Account Information and Usage Information regarding your use of a Third Party Service integration through your Devinepuppy Account may be shared with that Third Party Service. We may also share your User Content with a specific Third Party Service which you linked to your Devinepuppy Account in order to prevent or resolve service, security, support, or technical issues related to that Third Party Service.
6. Confidential Information
a. Confidential Information: Each party (“Disclosing Party“) may disclose “Confidential Information” to the other party (“Receiving Party“) in connection with the Service, which is anything that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, as well as non-public business, product, product roadmap, technology, and marketing information. If something is labeled “Confidential,” that is a clear indicator to the Receiving Party that the material is confidential. Notwithstanding the above, Confidential Information does not include information that (i) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) is received from a third party without breach of any obligation owed to the Disclosing Party; or (iv) was independently developed by the Receiving Party.
b. Protection and Use of Confidential Information: The Receiving Party will (i) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates, and contractors who need to know such information in connection with the Service, provided, they are bound to confidentiality obligations at least as restrictive as those in these Terms; and (ii) not use or disclose any Confidential Information of the Disclosing Party for any purpose outside the scope of the Service and these Terms. Nothing above will prevent either party from sharing Confidential Information with financial and legal advisors; provided, such advisors are bound to confidentiality obligations at least as restrictive as those in these Terms.
c. Compelled Access or Disclosure: The Receiving Party may access or disclose Confidential Information of the Disclosing Party if it is required by law; provided, however, that the Receiving Party gives the Disclosing Party prior notice of the compelled access or disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the access or disclosure. If the Receiving Party is compelled by law to access or disclose the Disclosing Party’s Confidential Information, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing access to such Confidential Information as well as the reasonable cost for any support provided in connection with the Disclosing Party seeking a protective order or confidential treatment for the Confidential Information to be produced.