Website Terms of Use

Last revised on: April 12, 2022

Welcome to DevRev, thank you for agreeing to participate in the Beta Preview of our product! Please read these Terms of Service (“Terms”) carefully as these govern your use of our website(s), product(s), APIs and services (“Services”). These Terms constitute a legally binding agreement between you and DevRev, Inc. (“DevRev”, “We”, “Us”, “Our”) and will describe your rights and responsibilities while using any of the Services. Beta Preview Terms: You understand and agree that you are accessing our Product in the Beta phase and special Beta Preview Terms will apply. “Beta Preview” means software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings. If you have any questions, or concerns regarding these Terms or our Services, please contact us at: contact@devrev.ai The “Terms” include collectively the terms of service, additional Beta preview terms, privacy policy and any other conditions, policies, notices contained or referenced in this document or elsewhere on the DevRev website or product, including our Privacy Policy. Effective Date: These Terms are effective as soon as you click “I Agree” (or similar button), or access or use any of our Services, whichever is earlier. A signature is not required in order for these Terms to be legally binding, your use of the Services is deemed acceptance. You understand and agree to comply with these Terms as long as you continue to access or use any of our Services. If you don’t agree to any of the following, please stop using or accessing our Services in any manner. Who you represent: “You” means the entity you represent in accepting these Terms or, if that does not apply, you individually. If you are accepting any of these terms on behalf of your employer or another entity, you represent and warrant that: (a) you have read and understand these Terms; and (b) you have the requisite legal authority to bind your employer or such entity to these Terms; (c) you agree to these Terms on behalf of the party that you represent. If you don’t have the legal authority to bind your employer or the applicable entity please do not provide your consent by clicking “I agree” (or a similar button) that is presented to you. Please note that if you sign up for any of our Services using an email address from your employer or any entity, then you are (a) deemed to legally represent such party; (b) your acceptance by using or accessing the Services is legally binding over your employer or entity to these Terms as well. The definition of “You” in such cases will also include your employer or entity that you represent. Your Privacy and Other Policies: We take the privacy and security of your information very seriously and our Privacy Policy explains how we collect and use your information. A. DevRev Account and What You Can Do: 1. Accounts and Control a. An "Account" represents your legal relationship with DevRev. A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on DevRev. “Organizations” or “Orgs” are shared workspaces that may be associated with a single entity or with one or more Users where multiple Users can collaborate across many projects at once. b. When you sign up on DevRev, you will either be assigned to an Organization Account or will be required to create one. Your User Account will belong to the Organization Account and the designated “Admin” has ultimate administrative control over it. c. The Admin can control User access to the Organization’s content, configurations, work and projects. Any Organization may have multiple designated Admins, and there must be at least one designated Admin. The Admin will be responsible for any activity performed through the Organization, including on user accounts, whether or not authorized, and for keeping all access credentials associated with your account, including authorized user accounts, secure. d. While signing up, you agree to provide accurate and complete information and it is your responsibility to keep all such information updated. If you are the Admin, you shall not permit more than the authorized number of Users to use your account in any manner. You also agree not to share any access credentials for the Services with any other individuals or entities. 2. Eligibility a. To access and use our Services, users must be at least 13 years of age to use or access any of our Services as per the laws of the United States of America. Our Services are not meant for users below 13 years and we will terminate your access and account if we become aware that a user’s age is below 13 years. If you reside in a country where the minimum age is higher, you are solely responsible for complying with your country’s laws. b. Children's Online Privacy Protection Act: In compliance with the Children's Online Privacy Protection Act, we do not knowingly collect any personally identifiable information from children under 13 years of age. If we learn that we have collected the information from a child under 13, we will delete that information. c. You represent and warrant that you are of legal age to form a binding contract (if not, you warrant that you have received your parent/ guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). 3. Account Security a. You understand that you are responsible for keeping your DevRev Account secure while you use access our Services. We are under no obligation to, but may offer measures such as multi-factor authentication to help you maintain your Account's security, however security of your Account, password and Your Content is ultimately your responsibility. b. You understand that DevRev will not be liable for any loss, theft or damage from any breach or failure on your part to maintain the security of your Account. c. If you become aware of any breach of security or unauthorized use of your account, please notify DevRev immediately here. d. You understand that each User Account is meant for one individual and your password or access should not be shared by multiple people. B. Beta Preview TermS Thank you for agreeing to participate in the Beta Preview of our product. These are certain additional terms that will apply during the Beta Preview phase: 1. Subject to Change: You understand that any part of the Services offered during the Beta Product may not continue to be supported and may be changed at any time without notice to you. You understand that you are using our Beta Product at your own risk. 2. Information collected: We may record and analyze your activity and our interactions with you to help us improve our Services. In the Beta phase, these may include but are not limited to call and voice recordings, video call recordings, video recordings, screen recordings while using our Product. We will store this data as long as we determine that is appropriate and will use it to improve our Services. This data will not be publicly disclosed, published or sold to third parties. 3. Feedback: We are constantly trying to improve our Products and Services, and your feedback as a Beta user will help us do that. If you choose to give us any feedback including but not limited to ideas, suggestions, recommendations, enhancement requests, know-how, algorithms, code contributions, or any other feedback on our Product or Services (collectively, “Feedback”), you acknowledge and agree that We will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate the Feedback into our products, services, and documentation. 4. Confidentiality: a. As a user of our Beta Product, you may access privileged information that is not generally available to the public. You understand and acknowledge that this is sensitive information and should be held in strict confidence. b. Any non-public information shared with you during the Beta phase is confidential, whether or not it is identified as such. “Confidential Information” includes the details of the Beta Product, our plans and proposals, ideas, designs and any other information you may access. c. You agree to only use such Confidential Information for the express purpose of testing and evaluating the Beta Product (the “Purpose”), and not for any other purpose. You agree to use the same degree of care as you would with your own confidential information, and all reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of our Confidential Information. You promise not to disclose, publish, or disseminate any Confidential Information to any third party, unless we allow such disclosure. d. Exception: Confidential Information shall not include any information that is or becomes publicly available without breach of these Terms through no act or inaction on your part (such as when a private Beta becomes a public Beta); or was known to you before we disclose it to you; or independently developed by you without breach of any confidentiality obligation to us or any third party; or disclosed with permission from DevRev. e. Required disclosure: You will not violate these Terms if you are required to disclose Confidential Information pursuant to operation of law, provided DevRev has been given reasonable advance written notice to object, unless prohibited by law. C. Restrictions: 1. Prohibited or Unauthorized Activity: You represent, warrant, and agree that you (or the users in your Organization, as applicable) will not contribute engage in any activity, submit any Content or User Submission (as defined below) or otherwise use the Services or interact with the Services in a manner that attempts to or results in: a. Violation of any laws while using any of our Services including without limitation: (i) violation of export control or sanction laws of the United States or other applicable jurisdiction; (ii) violation of any restriction, prohibition or blocking imposed by the applicable country; (iii) violation of any other laws of the applicable country. You understand that it is your responsibility to ensure that your use of DevRev’s Services complies with any applicable laws or regulations, including U.S. export control laws. b. Violation of any intellectual property laws in your country including copyright or trademark laws. c. Activity that Is in any way harmful, dangerous, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable. d. Causing jeopardy to the security of your account or anyone else’s (such as allowing someone else to access the Services as you) or attempts, in any manner, to obtain the password, account, or other security information from any other User. e. Violation of the security of any computer network, or cracks any encryption or password. f. Any unauthorized activity such as “crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means). “Content” refers to content featured or displayed on any of the DevRev Services, including but not limited to images, designs, videos, text, articles, code, data, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available through the Services. g. Copying or storing any portion of the Content, except as otherwise authorized through Services. h. Decompilation or reverse engineering or otherwise attempting to obtain the source code or underlying ideas or information of or relating to the Services. i. Running automated exercises or processes on the Services while You are not logged into the Services, or any activity that otherwise interferes with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure). 2. Illegal Activity: You must not use or access or Services if you are located in or ordinarily resident in a country or territory subject to comprehensive to comprehensive sanctions administered by the U.S. Office of Foreign Assets Control (OFAC); or (c) if it is or is working on behalf of a Specially Designated National (SDN) or a person subject to similar blocking or denied party prohibitions. 3. Access: Every User Account can only be used by one person and login access cannot be shared with multiple users. 4. API restrictions: Any abuse or excessively frequent requests to any of our Services via API may result in the temporary or permanent suspension of your Account's access to the API. We, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension. You shall not use the APIs to download data or Content from DevRev for any unauthorized usage. Any violation of any of these above Terms is grounds for restriction or termination of your use or access to the Services. D. User Content and Licenses 1. User Content: Any content that you submit, post, share, store or otherwise provide on or through the Services is “User Content” or “Your Content”. You understand that some of this User Content may be visible to other users where you make it available (through our Support widget for example). It is your responsibility to ensure that all of Your Content is in compliance with the laws of your country. 2. Warranty: You are responsible for all the User Content you contribute on or through the Services and you represent and warrant that you have all rights in the User Content to do so in the manner that you contribute or submit it. You also warrant that you have the right to grant the below licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. 3. License: By submitting User Content through the Services, you hereby do and shall grant DevRev a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, perpetual and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content to operate the Services, including to display User Content to other users within your Organization or other users authorized by you. We may also de-identify or aggregate information from your User Content in order to perform research and development, improvement and enhancement to our Services. However, we will not publicly distribute such information in a way that identifies you or your Organization. 4. Permission to make changes: You understand and agree that in order to provide the Services to our you, we may need to make changes to your User Content to conform and adapt those User Content to the technical requirements in order to provide the Services and for connection to networks, devices, services, or media, and the above license include the rights to do so. 5. Disclaimer: You understand and agree that any information or User Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk. We are not liable any inaccuracies, errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. DevRev cannot control are in no way obliged to take action regarding your interpretation or reliance on the content on the Services, and you hereby release us from all liability for you having acquired or not acquired any DevRev or User Content through the Services. We cannot guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. Please note that all of these licenses are subject to our Privacy Policy to the extent they relate to User Content that are also your personally identifiable information. E. Third Parties: 1. In certain situations, third parties' terms may apply to your use of DevRev Services. While using the Services, you understand that there may be integrations, links, or connections to third parties that are not controlled by DevRev. You understand and accept that when you choose to access third-party services, there are risks in doing so and DevRev is in no way responsible for such risks. Please be aware that while these Terms are our agreement with you, other parties' terms govern their relationships with you. 1. When you choose to integrate your account with third parties (“Third Party Accounts”) with DevRev, you understand that you permit us to access certain information from such an account for use by our Services. You are ultimately in control of this access to us and may make changes to your settings on your Third Party Account. 2. We have no control over and assume no responsibility for the content, accuracy, security or privacy practices of any third party whatsoever. We cannot guarantee, verify or monitor the practices or content of any third party. We encourage you to be aware of the terms and conditions and privacy policies of the relevant third parties to understand your rights, risks and obligations thereunder. 3. Your interactions, usage and activity on the third party product, service or website is only between you and the third party. You understand that DevRev will not be responsible for any performance, damage or theft as a result of your interaction and you release us and hold us harmless from any and all claims and liabilities arising out of your use of any third party service. 4. You expressly agree to release DevRev, its affiliated and subsidiary entities, officers, directors and agents from any claims, demands, damages, litigation, disputes or any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” F. Changes to Services and Pricing: 1. Changes to our Services: We are always striving to improve our Services and there will be changes and improvements over time to our Services. We may decide to discontinue any part of the Services or impose or change limits, restrict access to parts or all of Services. While we will try to give you notice in the event of a material change to the Services that may adversely affect you, we cannot promise to do so. We also reserve the right to remove any of the User Content, DevRev Content from the Services, in our sole discretion without notice. 2. Pricing Changes: While we currently do not charge for our Services, certain portions of our Services may be subject to payments in the future. We reserve the right to charge fees for any part or all of our Services. G. Intellectual Property and Ownership 1. The DevRev Content available on or through our Services, including but not limited to images, designs, text, graphics, data, articles, photos, illustrations are protected under copyright and/or other intellectual property laws. 2. We retain ownership of all intellectual property rights of any kind related to our Services. We reserve all rights that are not expressly granted to you under these Terms or by law. The look and feel of the DevRev Product, Website and Services is protected under copyright © owned by DevRev, Inc. all rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from DevRev. 3. User Content is also protected by copyright and/or other intellectual property laws and belongs to the respective creator. You agree to comply with all intellectual property notices and rules and any restrictions contained in any content you access through the Services. You agree not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any content not owned by you without the prior consent of the owner of that Content or in a way that violates someone else’s (including DevRev’s) rights. 4. Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use DevRev Content solely for purposes of using the Services. Any use, reproduction, modification, distribution or storage of any DevRev or other content on the Services for any purpose other than using the Services is expressly prohibited without prior written permission from us. 5. Even where you may be allowed to copy certain content on the Services, these restrictions still apply. H. Termination: 1. User Termination: If you wish to terminate your use of or access to our Services, you may do so at any time by contacting us at contact@devrev.ai. Please refer to our policies and licenses contained herein to understand how we treat the information and content you provide to us after you have stopped using our Services. 2. DevRev Termination: We are free to terminate or suspend your access to or use of our Services at any time, for any reason, at our discretion, including your violation of these Terms. We have the sole right to decide whether a user has violated our Terms or any of the restrictions herein. 3. Effect of Termination: As a result of termination, any User Content associated with your account may be destroyed. We have no obligation to continue to store any information or User Content after an account has been terminated. We will try to provide notice to allow you to retrieve any important User Content, but we shall have no obligation to do so. 4. Erroneous Deletion: If you have deleted your account by mistake, please contact us on contact@devrev.ai. While we will try to retrieve your account, we cannot promise to recover any or all parts or content associated with your account. 5. Surviving obligations: There are certain provisions that, by their nature, should survive termination of these Terms shall survive termination. The following (without limitation) shall survive termination: any obligation on your part to pay us, indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, confidentiality provisions, dispute resolution provisions. I. Disclaimer: DevRev provides the Services “as is” and “as available,” without any warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. DevRev does not warrant that the Service will meet your requirements; that the Services will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service. J. Indemnity and Release: 1. You agree to indemnify and hold harmless DevRev, its affiliated entities, directors, officers and agents to the fullest extent allowed by applicable law from and against any and all claims, liabilities, actual or consequential damages, losses and expenses (including legal fees) arising from or in relation your use of the Services (including any action taken by a third party using your account), and your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account. However, any failure to deliver such notice shall not reduce or eliminate your indemnification obligations hereunder. 2. If you have a dispute with one or more Users, you agree to release DevRev from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. K. Communication from DevRev: As part of the Services, we may contact you from time to time. These include messages and notifications that we send you (including without limitation, email). You will receive instructions on how to control this kind of communication. L. Miscellaneous Terms: 1. Limitation of Liability: a. You understand and agree that to the fullest extent of the law, under no circumstances and under no legal theory, will we be liable to you or any third party for any loss of profits, use, goodwill, or data, interruption or stoppage or work, computer or software malfunction or failure, accuracy of results, business interruption or use or inability to use the Services, any modification, price change, suspension or discontinuance of the Services, the Service generally or the software or systems that make the Services available; unauthorized access to or alterations of your transmissions or data; or for any incidental, indirect, special, consequential or exemplary damages, however arising, including damages. b. Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control. 2. Assignment: a. DevRev may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your consent, including the license grants contained herein. b. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void. 3. Governing Law: Except to the extent applicable law provides otherwise, these Terms are an agreement between you and DevRev and any access to or use of the Services are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and DevRev agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California. 4. Severability: If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. 5. No Waiver: Any failure on the part of DevRev to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. 6. Survival: Our rights under this Agreement will survive any termination of this Agreement. 7. Changes to the Terms: We reserve the right, at our sole discretion, to amend these Terms at any time and will update these Terms and other policies in the event of any such amendments. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. 8. Complete Agreement: These Terms of Service, together with the Privacy Policy and Beta Preview Terms represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and DevRev relating to the subject matter of these terms including any confidentiality or nondisclosure agreements. 9. Headings: The titles and headings contained in these Terms are not legally binding.