Last Revised: 03-09-2024
Welcome to Devaito's Terms of Use! We are excited to have you with us. Thank you for choosing to use our services.
Devaito offers users the ability to effortlessly create a beautiful and highly functional online presence, manage and promote businesses, content, and ideas, all without needing advanced technical skills. We provide a range of tools and features for creating, publishing, and utilizing stunning websites, e-commerce platforms, newsletters, galleries, media players, mobile apps, and more. These platforms, functionalities, and tools created by users are collectively referred to as “User Platform(s)”.
These Devaito Terms of Use, along with any additional terms that specifically apply to some of our services and features as presented on the Devaito website (collectively referred to as the "Devaito Terms"), set forth the entire terms and conditions applicable to each visitor or user of the Devaito website, mobile application, and any other services, applications, and features offered by us. By using and/or registering for any Devaito services, you signify and affirm your informed consent to these Terms of Use. If you do not agree to the Devaito Terms, you must immediately leave the Devaito website and discontinue use of all Devaito services.
To access and use Devaito services, you must first register and create an account with Devaito (referred to as a "User Account"). You must provide accurate and complete information when registering your User Account and using Devaito services. We strongly encourage you to provide your valid contact and billing details, including your email address, as we may use it to identify the actual owner of the User Account and/or any content submitted to us.
You may invite others to your User Account and User Platforms, assigning them specific roles and permissions to perform certain activities. A person granted permission to perform activities on a User Account they do not own is referred to as a "Contributor". It is your responsibility to keep your login credentials secure and to allow access only to trusted individuals, as you are fully responsible for all activities that occur under your User Account.
For each User Platform, Devaito will consider the owner to be the person or entity whose email address is listed in our records as the owner of the User Account under which the User Platform was created. In the event of a dispute over User Account ownership, we reserve the right to determine ownership based on our reasonable judgment. We may request documentation to assist in making such a determination.
As between Devaito and you, you shall own all intellectual property pertaining to your User Content and any other materials created, developed, or connected to Devaito Services by you. This includes any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, algorithms, SPIs, APIs, databases, interfaces, text, and literary works. Devaito does not claim ownership rights on your User Content or the content you connect to the Devaito Services. You understand and agree that to provide and improve the Services (“Purpose”), we may need to access, upload, and/or copy your User Content to our platform, including cloud services and CDNs, to make display adjustments, train our software tools (e.g., artificial intelligence and machine learning models), duplicate for backup, and perform any other technical actions as we deem necessary. You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use your User Content for the Purpose.
All rights, titles, and interests in and to the Devaito Services, including any copyrightable materials or other content subject to any intellectual property rights under any applicable law, are owned by and/or licensed to Devaito. This includes but is not limited to artwork, graphics, images, website templates, widgets, literary works, source and object code, computer code (including HTML), applications, audio, music, video, other media, designs, animations, interfaces, documentation, methods, products, algorithms, data, interactive features, advertising tools, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names, and other proprietary identifiers (“Intellectual Property”).
Subject to your full compliance with the Devaito Terms and timely payment of all applicable fees, Devaito grants you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Devaito Services and Licensed Content for generating and displaying your User Platform to End Users and offering your User Products therein, solely as expressly permitted under the Devaito Terms and within the Devaito Services. The Devaito Terms do not convey any right or interest in or to Devaito’s Intellectual Property, except for the limited license expressly granted above. Nothing in the Devaito Terms constitutes an assignment or waiver of Devaito’s Intellectual Property rights under any law.
In addition, certain fonts available to you within the Devaito Services are licensed to Devaito by third-party providers and are therefore subject to additional license terms of such providers, which you can review on the Devaito website.
If you provide us with any suggestions, comments, or other feedback relating to the Devaito Services, which may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Devaito. By providing such Feedback to Devaito, you acknowledge and agree that it may be used by Devaito to: (i) further develop, customize, and improve the Devaito Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized Devaito-related notices, (iv) facilitate, sponsor, and offer certain promotions, and monitor performance, (v) create aggregated statistical data and other aggregated information, (vi) enhance Devaito's data security and fraud prevention capabilities, and (vii) comply with any applicable laws and regulations. You also represent and warrant that such Feedback is accurate, complete, and does not infringe on any third-party rights; you irrevocably assign to Devaito any right, title, and interest you may have in such Feedback and explicitly waive any claims relating to moral rights or any similar rights worldwide.
Certain parts of the Devaito Services (including certain Third-Party Services) require or involve the submission, collection, and/or use of personally identifying or identifiable information. As part of accessing or using the Devaito Services, Devaito and such Third-Party Services may collect, access, and use certain data pertaining to Users and End Users, including navigation activities through the Devaito Services and/or User Platforms. We encourage you to read our Privacy Policy and the relevant policies of Third-Party Services regularly for a description of data collection and use practices.
As part of the Devaito Services, Devaito may provide you with access to artificial intelligence and machine learning tools and products, which can help you build your User Platform by generating content (the “AI Tools”). Additionally, Devaito may provide you with access to AI tools for your End Users to engage with AI (“AI Products,” and together with AI Tools, “AI Services”). This section applies only to the extent that AI Services are used by you as part of the Devaito Services.
The AI Services enable you or your End Users to input a prompt (text, image, or otherwise) (an “Input”) into the AI Services, directing them to generate content as an output (an “Output”).
The nature of AI technology is such that it is difficult to fully control and predict outputs. Therefore, Devaito does not guarantee that the Output generated by the AI Services will meet your or your End Users’ needs or expectations. We disclaim all responsibility and liability for the accuracy, completeness, relevance, intellectual property compliance, legality, decency, quality, non-bias, or any other aspect of such Output. The Output may not be unique and could be identical or similar to Outputs generated for other Users. You are responsible for reviewing all Outputs before use and for ensuring legal compliance.
Your and your End Users' Input shall be deemed User Content, and the Terms shall apply, to the extent permitted by law, as if it were User Content.
If you choose to use, publish, or display an Output, it shall be considered your User Content, and the Terms shall apply as if it were User Content. Devaito does not claim any ownership rights in the Output to the extent that the Output does not contain any pre-existing intellectual property owned by Devaito.
You grant Devaito a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to access, copy, and use your Input and Output to improve Devaito Services and to provide them to you and other Users. This may include sharing with third-party vendors required to operate those services.
Devaito may use Third-Party Services to provide the AI Services, and use of such services is subject to the Third-Party AI Services' policies. You and your End Users must review and comply with these policies, which may change over time.
The use of certain Devaito Services may be subject to payment of specific fees, as determined by Devaito in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Important: If you are a Reseller User and your payment is made to the Reseller, then the provisions of certain subsections in this Section 6 regarding Paid Services may not apply to you, and the payment and management of such Paid Services shall be made directly with the Reseller according to the terms agreed upon between you and the Reseller.
Devaito will notify you of the Fees currently in effect, which you need to pay directly to Devaito for the Paid Services you decide to purchase. If you wish to receive or use the Paid Services, you are required to pay all applicable Fees in advance.
Devaito reserves the right to change its Fees at any time at its sole discretion. Devaito will send a notice regarding any fee changes to you or your Reseller if such changes affect your existing subscriptions. If you received a discount or promotional offer from Devaito or a Reseller, at the end of the applicable discounted period, Devaito or the Reseller, respectively, may automatically renew your subscription to the service at the full then-current applicable Fee without further notice.
All Fees paid directly to Devaito shall be deemed to be in U.S. Dollars, except as otherwise specified in writing by Devaito. To the extent permitted by law (and unless otherwise specified in writing by Devaito), all Fees are exclusive of taxes (including value-added tax, sales tax, goods and services tax, etc.), levies, or duties imposed by taxing authorities (“Taxes”), and you are responsible for payment of all applicable Taxes related to your use of the Devaito Services or to any payments or purchases made by you. If Devaito is obligated to collect or pay Taxes for the Fees payable by you, such Taxes may be added to any outstanding Fees and reflected in the invoice for that transaction.
If you purchase Paid Services directly from Devaito, as part of registering or submitting information to receive Paid Services, you also authorize Devaito (either directly or through its affiliates, subsidiaries, or third parties) to request and collect payment and service fees (or otherwise charge, refund, or take any other billing actions) from our payment provider or your designated banking account. You must keep a credit card stored with Devaito to pay for your Paid Services (“Stored Card”) purchased directly from Devaito, identified by its last four digits on your Account Settings Page.
If you are a Reseller User, then payment and management of Paid Services might be conducted directly with the Reseller.
If you are a Reseller User and you pay the Reseller directly instead of Devaito, this section does not apply to you.
Devaito and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by Devaito (“Invoice”). Each Invoice will be issued in electronic form based on the country stated in your billing address and will be made available to you via your User Account and/or by email. To issue the Invoice, you may be required to provide certain Personal Information in compliance with local laws. Note that the Invoice in your User Account may not meet local law requirements and may be used for pro forma purposes only.
To prevent any interruption or loss of services, certain Paid Services include an automatic renewal option by default. Unless you or your Reseller turn off the auto-renewal option, these Paid Services will automatically renew at the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified, at the same price (subject to applicable Taxes changes and excluding any discount or promotional offer provided for the first period) (“Renewing Paid Services”).
Devaito will attempt to automatically charge you the applicable Fees using the Stored Card up to two (2) weeks before such renewal period commences. If the collection of Fees fails, we may (but are not obligated to) retry to collect at a later time, and/or suspend or cancel your User Account without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, Devaito will endeavor to provide notice at least thirty (30) days before the renewal date.
By agreeing to these Terms of Use and purchasing a Renewing Paid Service, you acknowledge and agree that the service shall automatically renew in accordance with these terms. You (or the Reseller from which you purchase the Paid Services) may turn off the auto-renewal option at any time via your User Account or by visiting the Devaito Help Center.
You are solely responsible for verifying and ensuring the successful renewal of the Devaito Services you use. Devaito is not liable for the discontinuation of any services due to failure to charge applicable recurring Fees or if services are not subject to automatic renewal.
If you are a Reseller User and pay the Reseller directly, this section does not apply to you.
If you are not satisfied with your initial purchase of a Premium Plan, you may request a cancellation for any reason within fourteen (14) days of the initial order or activation of the Premium Plan (“Refund” and “Refund Period”). The Refund applies only to the initial purchase of a Premium Plan as an upgrade of a free website. It does not apply to additional purchases, upgrades, modifications, or renewals. If you reside in a jurisdiction requiring a longer Refund Period, Devaito will comply with applicable laws.
If Devaito receives a cancellation notice within the Refund Period, it will refund the amount charged for the services in the currency originally charged and cancel the services accordingly. The refund amount may differ due to currency changes and third-party fees. Devaito is not responsible for differences caused by currency exchange rates or third-party fees. After the Refund Period, Fees are non-refundable and non-cancellable.
Please note: Certain services purchased through Devaito may be non-refundable altogether, including Third Party Services such as domains, business tools, and applications. You are responsible for verifying the cancellation terms before purchase. Devaito will not refund any amounts paid for non-refundable services.
If at any time, a charge of any payable Fees due directly to Devaito is declined, charged back, or otherwise rejected on your account (“Chargeback”), it will be considered a breach of your payment obligations, and your use of Devaito Services may be disabled or terminated.
In the event of a Chargeback, your User Account may be blocked, and any data contained within, including domains, applications, and Third Party Services, may be subject to cancellation and loss. Use of the services will not resume until you re-subscribe and pay all applicable Fees, including fees and expenses incurred for each Chargeback received.
If you have any questions regarding a payment made to Devaito, contact our Customer Support team before filing a Chargeback to prevent service cancellation and account blocking. We reserve the right to dispute any Chargeback by providing relevant documentation proving that the transaction was authorized and services were used.
You may discontinue the use of and request to cancel your User Account and/or any Devaito Services at any time, in accordance with the instructions available on the Devaito Services. The effective date and time for such cancellation shall be when you complete the cancellation process on the Devaito Services. For Paid Services, the effective date for cancellation shall be at the end of the subscription period. If you purchased any Paid Service (including Renewing Paid Services) from a Reseller, such cancellation terms are subject to the agreement between you and your Reseller.
Regarding subscriptions to Renewing Paid Services, such subscriptions will only be discontinued upon the expiration of the respective period for which payment has already been made. Please note that, as the cancellation process may take a few days, to avoid the next automatic renewal and respective charge, the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period if purchased directly from Devaito, or according to the terms agreed with your Reseller if purchased and paid for to a Reseller.
For more information about canceling Paid Services you purchased from Devaito, please visit the Devaito Help Center. For information about canceling Paid Services purchased from a Reseller, please contact your Reseller.
Failure to comply with any of the Devaito Terms and/or to pay any due Fees shall entitle Devaito to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related Devaito Services (e.g., Paid Services) or Third-Party Services to you.
If you opened a User Account via a Reseller or purchased Paid Services from a Reseller, Devaito is entitled to suspend, terminate, or block access to your User Account and User Platform (or certain features thereof), as well as to the provision of any related Devaito Services or Third-Party Services to you, if: (a) Devaito is requested to do so by your Reseller; or (b) the Reseller fails to pay Devaito any amounts due under the Reseller Agreement. You consent to these suspension and termination rights and acknowledge that Devaito shall have no liability to you with respect to any such suspension or termination. Your sole recourse for any such suspension or termination shall be against the Reseller.
If your User Account or any Devaito Services or Third-Party Services related to your User Account are canceled (whether at your request or at Devaito’s discretion), it may result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data, or other usage data retained therein, and any domain name reservation or registration included in such Services (“Capacity Loss”). Devaito shall not be liable for such Capacity Loss, or for saving a backup of your User Account, User Content, or End User data. Additional Fees may apply for the re-activation of a User Account and/or any Devaito Services following their cancellation, as determined by Devaito at its sole discretion.
After the termination of your User Account or User Platform, Devaito reserves the right to delete all data in the normal course of operation. Data cannot be recovered once your User Account or User Platform is terminated.
The Devaito Services include features that enable you to sell goods, content, media, event tickets, and services through your User Platform (“User Products”, collectively with Devaito Services – “E-Commerce”). You are solely responsible for your User Products and E-Commerce activities, any promotions and related Content contained or referred to in your User Platform, and compliance with any applicable laws. Devaito merely provides the platform for you to manage your online E-Commerce activities and is not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products.
When someone purchases your User Products, payments for such transactions will be processed through Devaito Payments or a third-party payment service provider (“Payment Provider(s)”). Devaito may automatically connect you to Devaito Payments to accept payments from your customers. You are responsible for all your sales activities, including your relationships with customers and any payment service providers.
You acknowledge and agree that Devaito Payments (if available in your country) will be your default payment provider. The Devaito Payments account shall be governed by the Devaito Payments Terms of Service, which are hereby incorporated by reference. Please read these terms prior to publishing your site and accepting payments.
In addition, subject to territorial restrictions, you may accept payments with Apple Pay. By using Apple Pay, you accept and agree to the Apple Pay Platform Web Merchant Terms and Conditions.
The processing of payments by other Payment Providers shall be governed by such Payment Provider’s terms of service. Devaito is not a party to your relationship with the Payment Provider, and you are responsible for all interactions with any such Payment Providers, or for the actions of any of these Payment Providers. Devaito may suspend, disable access to, or remove any Payment Provider from your User Account, User Platform(s), and/or the Devaito Services at any time, without liability to you or any End Users.
Depending on your plan, Devaito may charge service fees for event tickets sold through your site. You agree to pay such fees, as required by Devaito, and authorize Devaito to instruct its payment processing partners or your Payment Provider to deduct such fees from your transactions or to otherwise collect such fees.
By using any of our E-Commerce features, you acknowledge, warrant, and agree that:
You are solely responsible for all Taxes and fees associated with your E-Commerce activities, including any Taxes related to the purchase or sale of User Products. You must collect, report, and remit the correct amounts to the appropriate authorities, and provide duly issued invoices to End Users as required by law.
Any Taxes indicated by the E-Commerce features provided by Devaito are for illustration purposes only and may not be relied upon in any way.
You are responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards.
You are solely responsible for any statements and promises you make and for all assistance, warranty, and support regarding the User Products. You must provide accurate contact information on your User Platform for any questions, complaints, or claims.
You may not offer or sell any User Products, or provide information, Content, or materials regarding User Products that may be deemed hazardous, counterfeit, stolen, fraudulent, offensive, or abusive; are prohibited for sale, distribution, or use; or otherwise fail to comply with any applicable laws, including consumer rights, intellectual property, privacy rights, product safety, trade regulations, sanctions, support, maintenance, and export.
Devaito may, at any time and at its sole discretion, suspend, disable access to, or remove your User Platform and/or any User Products, without liability to you or any End Users, including for any Capacity Loss resulting from such actions.
When using Devaito Services, you may be exposed to User Platforms, User Content, or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable, or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Devaito with respect thereto.
If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Devaito Services, please immediately report such User and/or Third Party Service to us via the appropriate reporting mechanism. You agree that your report shall not impose any responsibility or liability upon Devaito, and that Devaito may consider such report and act upon it, refrain from taking any such action, or require additional information or documents before doing so, at its sole discretion.
Devaito acts in accordance with its interpretation of copyright laws such as the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or used in a way that constitutes copyright infringement, you may notify us of such infringement via our designated process, or provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Devaito to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
In the event that Devaito receives notice regarding a copyright infringement related to your User Platform or User Website, it may cancel your User Account, take your User Platform down, or remove any Content at its sole discretion, with or without prior notice to you. In such cases, you may file a proper counter-notice in accordance with relevant copyright laws, which must include: (1) your full name, address, phone number, and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the copyright law. Any notices filed pursuant to this section may be deemed accepted, applicable, and compliant with copyright law, or not, at Devaito’s sole reasonable discretion. Devaito reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.
We provide the Devaito Services on an “As Is”, “with all faults”, and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Devaito Services (or any part, feature, or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software, or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs, or other harmful components or program limitations. Moreover, we do not endorse any entity, product, or service (including any Third Party Services) mentioned on or made available via the Devaito Services – so please be sure to verify those before using or otherwise engaging them.
Devaito may, at its sole discretion (however it shall have no obligation to do so), screen, monitor, and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may Devaito be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published, and/or made available by any User or any other party on and/or through the Devaito Services, for any use by any party, or for any loss, deletion, or damage thereto or thereof or any loss, damage, cost, or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing, and/or relying on any User Content. Furthermore, Devaito shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement, and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using the Devaito Services and/or connecting and/or dealing with any Third Party Services through or in connection with Devaito Services, and that Devaito cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities, and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
Devaito does not recommend the use of the Devaito Services for hosting personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
Please note that certain Devaito Services are currently offered in their BETA version and undergoing BETA testing. In addition to the aforesaid, you understand and agree that certain Devaito Services may still contain software bugs, suffer disruptions, and not operate as intended or designated. Your use of the Devaito Services at this BETA stage signifies your agreement to the above and to participate in such Devaito Services' BETA testing.
To the fullest extent permitted by law in each applicable jurisdiction, Devaito, its officers, directors, shareholders, employees, affiliates, and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages whatsoever, including any damages resulting from: (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Devaito Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Devaito Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Devaito Services; (6) events beyond the reasonable control of Devaito, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies, or tribunals, or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Devaito Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Devaito’s services to you, and such limitations will apply even if Devaito has been advised of the possibility of such liabilities.
You agree to defend, indemnify, and hold harmless Devaito, its officers, directors, shareholders, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other Devaito Terms; (2) your violation of any third-party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the Devaito Services, including, without limitation, Devaito Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.
Devaito reserves the right to change, suspend, or terminate any of the Devaito Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Devaito Services (including removal of any materials created by you in connection with the Devaito Services) for any reason and/or change any of the Devaito Terms with or without prior notice, at any time and in any manner.
You agree that Devaito will not be liable to you or to any third party for any modification, suspension, or discontinuance of those Devaito Services (or materials, content, or services created, developed, or connected by you in connection with the Devaito Services).
If any such changes involve the payment of additional or higher Fees, we will provide you with a notice regarding such additional or higher Fees prior to enabling such specific changes. If you fail or refuse to pay such additional or higher Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 7 above), continue to support your then-current Devaito Services without enabling such changes, or provide you with alternative Services.
You expressly acknowledge and agree that Devaito shall have the right to enforce these Terms of Use against you.
The Devaito Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Devaito Services, their interpretation, or the breach, termination, or validity thereof, the relationships which result from or pursuant to the Devaito Terms, or any related transaction or purchase, shall be governed by, construed under, and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Israel, without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Tel Aviv, Israel. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Subject to any applicable law, all disputes between you and Devaito shall only be resolved on an individual basis and you shall not have the right to bring any claim against Devaito as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
Notwithstanding anything to the contrary in this Section 13.2, if you are located in the United States of America, (i) the legal jurisdiction governing all aspects of the payment transaction contemplated by Section 6 between you and Devaito will be the State of New York, without respect to its conflict of laws principles, and (ii) any and all claims and disputes related to such payment transaction contemplated by Section 6 shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in New York, New York.
We may provide you with notices in any of the following methods: (1) via the Devaito Services, including by a banner or pop-up within the Devaito Website, User Account, or elsewhere; (2) by an e-mail, sent to the e-mail address you provided us; (3) if you are a Reseller User then via your Reseller; and/or (4) through any other means, including any phone number or physical address you provided us. Devaito’s notice to you or to your Reseller will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods unless otherwise indicated in the notice.
The Devaito Terms, and your use of the Devaito Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Devaito and you.
These Terms of Use, together with the Devaito Terms and any other legal or fee notices provided to you by Devaito, shall constitute the entire agreement between you and Devaito concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants, or representations, whether written or oral, between Devaito and you, including those made by or between any of our respective representatives, with respect to any of the Devaito Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure, or duty of disclosure of Devaito in entering into any of the Devaito Terms.
Devaito may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Devaito Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Devaito. Any attempted or actual assignment thereof without Devaito’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 13.6 shall not in itself grant either Devaito or you the right to cancel any Devaito Services or Third Party Services then in effect.
If you are a Reseller User, then your subscription with the Reseller with respect to your User Account or User Platform (or any part thereof) may be assigned to Devaito. You agree that if your subscription (or any part thereof) to a Devaito User Account or User Platform with the Reseller is assigned to Devaito, your continued rights to access and use your User Account and User Platform will be subject to these Terms of Use, in their entirety (as may be amended from time to time), and you consent to the full application of these Terms of Use, including without limitation, the billing and payment provisions contained herein. You agree that following any such assignment, you shall, upon request by Devaito, provide such information as is required to secure payment for any Paid Services commencing after such assignment.
If any provision of the Devaito Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No waiver of any breach or default of any of the Devaito Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
These Terms of Use were written in English, and translated into other languages for your convenience. You may access and view other language versions by changing your Devaito Website language settings. If a translated (non-English) version of these Terms of Use conflicts in any way with their English version, the provisions of the English version shall prevail.
To get in touch with our Customer Service, please visit the Devaito Help Center which is available at: [Devaito Help Center URL]