Terms of Services
Your devToM Account and Site
If you use tools at the site of devToM, you must responsibly use them. You must immediately notify devToM of any unauthorized uses of your account or any other breaches of security on the contacts mentioned set forth. devToM will not be accountable for any acts or omissions by you, including any damages of any kind resulting from such acts or omissions.
Payment and Renewal
Optional paid services such as additional results are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay devToM the monthly or annual subscription fees marked for that service. Upgrade fees are not refundable.
Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard. Unless you notify devToM before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
By signing up for the devtom.ai site API, you agree to pay devToM the specified monthly fees in exchange for access to the products and services we provide for that specific package. Applicable fees will be invoiced starting from the day your access is established and in advance of using such services. devToM reserves the right to change the payment terms and fees thirty (30) days before to written notice to you. API access can be cancelled by you at any time on 30 days written notice to devToM.
You may use the devtom.ai API to develop products or services using our data, provided that the data is not used in ways that violate the terms of service herein and all other policies and agreements governed by devToM.
You may not use the devtom.ai API to substantially replicate products or services offered by devToM. If devToM believes, in its sole discretion, that you have violated or attempted to violate these conditions, your privilege to use and access the devtom.ai API may be temporarily or permanently revoked, with or without notice.
Content Posted on Other Websites
We cannot review all of the material, including computer software, made available through the websites and webpages to which devtom.ai links, and that link to devToM. The site of devToM does not have any authority over those websites and webpages and is not liable for their contents or their use. By linking to an external website or webpage, devToM does not represent or imply that it endorses such a website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. devToM disclaims any responsibility for any harm resulting from your use of external websites and web pages.
As devToM asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by devToM violates your copyright, you are encouraged to notify devToM following devToM’s Digital Millennium Copyright Act (“DMCA”) Policy. devToM will respond to all such notices, including removing the infringing material or disabling all links to the infringing material. A notification of claimed copyright infringement should be emailed to the Company’s Copyright Agent at firstname.lastname@example.org.
devToM, devtom.ai, the devToM logo, and all other trademarks, service marks, graphics, and logos used in connection with devtom.ai, or the Website are trademarks or registered trademarks of devToM or devToM’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no ownership or license to reproduce or otherwise use any devToM or third-party trademarks. devToM has no ownership of any of the ideas and data, and reports generated by the user.
License to Use Customer Data
By using the products or services of devToM, you (the “Customer”) grant devToM (the “Provider”)
- a non-exclusive, non-transferable (except as permitted herein), royalty-free, perpetual, and fully-paid license to use, reproduce, modify and transmit Data provided by Customer
- a non-exclusive, non-transferable (except as permitted herein), perpetual, royalty-free, fully-paid license to use, reproduce, display, modify, create derivative works of, disclose and distribute any user data derived by Provider from the provision of Services to Customer, to perform the Services listed in the applicable Order Form, including improving Software and the Services, provided that any disclosure of the Usage Data to any third party hereunder is in an aggregate form.
Provider agrees to provide the hosting services described herein and as may be outlined in more detail in the applicable Order Form, including the right of Customer to access, view, download, transmit and use all customer data hosted by Provider. Provider hereby grants Customer a limited, non-exclusive, non-transferable, worldwide right to use and access the Software, solely for Customer’s own internal business purposes, subject to the terms of service of this Agreement, and provided that all fees due and payable under this Agreement have been paid by Customer to Provider. Unless agreed to otherwise by the parties, the Software shall be hosted on hardware owned, operated, and managed by Provider at Provider’s facilities, or facilities owned and operated by authorized outsourcers and contractors of Provider under a written agreement with Provider.
All rights not expressly granted to Customer are reserved by Provider
Unless precisely authorized by Provider, Customer may not access Software or hardware for purposes of monitoring its availability, performance, or functionality, or for any other competitive purpose. Customer shall not:
- license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any of the Software or hardware in any way
- alter or make derivative works based upon Software
- create Internet “links” to Software or “frame” or “mirror” any content on any other server or wireless or Internet-based device
- reverse engineer or access Software to (a) build a new competitive product or service, (b) build a product using similar ideas, features, functions, or graphics of Software, or (c) replicate any ideas, features, functions, or graphics of Software.
The Customer may use the Software only for its internal business purposes and shall not: (1) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (2) send or store infringing, obscene, threatening, defamatory, or otherwise illegal or tortious material, including material harmful to children or that violates a third party’s privacy rights; (3) send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs; (4) interfere with or disrupt the integrity or performance of the Software, or the data contained therein; or (5) attempt to gain unauthorized access to Software or its related systems or networks. Provider shall have the right to immediately suspend access to the Software in the event Customer’s use or access of the Software results in a risk of loss or damage to the Software, Provider’s other systems, or the data or property of any other of Provider’s customers.
Audit of Software Usage
devToM will have the right, upon reasonable prior written notice to Customer, to conduct on its own or to engage the third party of its choosing to audit Customer’s use of the Software and all related backup files, to verify compliance with this Agreement. The audit will be conducted at Provider’s expense, unless the audit reveals that Customer has failed to pay Fees consistent with its actual use of the Software, in which case Customer will reimburse Provider for all reasonable costs and expenses incurred by Provider in connection with such audit, together with any applicable Fees.
Changes to This Policy
We reserve the right to change this Policy whenever necessary. Please check back occasionally for updates. Remember that when you use the Public Site or the devToM Services, you are agreeing to this Policy that is present at that time.
General Representation and Warranty
You agree to remunerate and hold innocuous devToM, its contractors, its licensors, and their respective directors, officers, employees, and agents from and against any claims and expenses arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between devToM(Provider) and you(Customer) concerning the subject matter hereof, and they may only be modified by the posting by devToM of a revised version as mentioned above. Except for claims for injunctive or unbiased relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled following the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed under such rules. The predominant party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms of service; devToM may assign its rights under this Agreement without condition. This Agreement will be imperative upon and will accustom to the benefit of the parties, their successors, and permitted assigns.