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Terms of Service

Last updated: March 4, 2024. Devolity Enterprise.

These Terms of Service govern your access to and use of Devolity websites, client portal, and professional services. Please read them carefully before engaging our services.

1. Acceptance of Terms

By accessing https://devolity.com, registering an account at app.devolity.com, or purchasing services from Devolity Enterprise, you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any applicable service-specific agreements or order forms.

If you are entering into these Terms on behalf of a company or organisation, you represent that you have authority to bind that entity. If you do not agree to these Terms, you must not use our services.

2. Description of Services

Devolity Enterprise provides managed IT services, cloud hosting and migration, cybersecurity, compliance consulting, DevOps engineering, and custom software development ("Services") as described on our website and in your service agreement or order form.

Service scope, deliverables, service levels, and pricing are defined in your individual agreement. In case of conflict between these Terms and a signed service agreement, the service agreement prevails.

3. Account Registration and Security

  • You must provide accurate, current, and complete registration information
  • You are responsible for maintaining the confidentiality of your account credentials
  • You must notify us immediately at [email protected] of any unauthorised access
  • You may not share account access with unauthorised parties or use another user's account
  • We reserve the right to suspend accounts that violate these Terms or pose a security risk

4. Acceptable Use Policy

You agree not to use Devolity services to:

  • Violate any applicable law, regulation, or third-party rights
  • Transmit malware, spam, phishing content, or conduct denial-of-service attacks
  • Host or distribute illegal content, including pirated software or copyrighted material without authorisation
  • Attempt to gain unauthorised access to Devolity systems or other customers' data
  • Interfere with or disrupt the integrity or performance of our services or infrastructure
  • Use our services for cryptocurrency mining without explicit written approval
  • Resell or sublicense services without a valid reseller agreement

Violations may result in immediate suspension or termination without refund. Report abuse to [email protected].

5. Payment Terms

  • Fees are as quoted in your order form, proposal, or published pricing page
  • Payment is due upon invoice unless otherwise agreed in writing
  • Accepted methods include bank transfer (NEFT/RTGS/IMPS), UPI, credit/debit cards, and PayPal — see our Payment Info page
  • All fees are exclusive of applicable taxes (GST, VAT, etc.) unless stated otherwise
  • Late payments may incur interest at 1.5% per month and may result in service suspension after 15 days' notice
  • You are responsible for providing accurate billing information and notifying us of billing disputes within 30 days of invoice date

6. Refunds and Cancellations

Refund eligibility is governed by our Refund Policy at /legal/refund. Generally, setup fees and consumed service periods are non-refundable.

Either party may terminate a service agreement as specified in your contract. Upon termination, you remain liable for fees incurred through the termination date.

We will provide reasonable assistance for data export upon termination, subject to payment of outstanding balances.

7. Service Level Agreement

Uptime commitments, response times, and remedies for service failures are defined in your service agreement or SLA addendum where applicable.

SLA credits, if any, are your sole remedy for service availability failures and do not apply to scheduled maintenance (with prior notice), force majeure events, or issues caused by your actions or third-party services outside our control.

8. Intellectual Property

8.1 Devolity property

Devolity retains all rights to our website, brand, logos, documentation, methodologies, tools, and pre-existing intellectual property. You may not copy, modify, or distribute Devolity materials without written permission.

8.2 Client property

You retain ownership of your data, content, and pre-existing intellectual property. You grant Devolity a limited licence to access and process your data solely to deliver the Services.

8.3 Work product

Custom software, configurations, and deliverables created specifically for you become your property upon full payment, unless otherwise stated in your agreement. Devolity may reuse general knowledge, techniques, and non-client-specific components.

9. Confidentiality

Each party agrees to protect the other's confidential information with the same degree of care it uses for its own confidential information, but no less than reasonable care.

Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction.

10. Warranties and Disclaimers

Devolity warrants that Services will be performed in a professional and workmanlike manner consistent with industry standards.

EXCEPT AS EXPRESSLY STATED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that services will be uninterrupted, error-free, or completely secure.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEVOLITY'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE FEES PAID BY YOU TO DEVOLITY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

IN NO EVENT SHALL DEVOLITY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

Some jurisdictions do not allow limitation of certain damages; in such cases, our liability is limited to the fullest extent permitted by law.

12. Indemnification

You agree to indemnify and hold harmless Devolity, its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Services, your content, your violation of these Terms, or your violation of any third-party rights.

13. Force Majeure

Neither party shall be liable for failure or delay in performance due to events beyond reasonable control, including natural disasters, war, terrorism, pandemics, government actions, internet or utility failures, or third-party service outages.

14. Governing Law and Disputes

These Terms are governed by the laws of India, without regard to conflict of law principles.

Any disputes shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be subject to the exclusive jurisdiction of the courts in New Delhi, India.

15. Modifications

We may update these Terms from time to time. Continued use of our services after changes constitutes acceptance. Material changes will be notified via email or website notice at least 30 days before taking effect.

16. Contact

Questions about these Terms:

Devolity Enterprise

Email: [email protected]

Address: F-34, Street 14, Sector-3, Dwarka, New Delhi, India 110059

Terms of Service | Devolity