Terms of Service

Agreement Overview

This Terms of Service ("Agreement") constitutes a legally binding agreement between Devario, operating under a Trade Name Certification from the state of Arizona ("Devario"), and the Customer ("Customer"). By using our services, you agree to adhere to all terms and conditions contained herein. Failure to agree results in the prohibition of the Customer's use of the Services, requiring immediate discontinuation.

The Devario Plan

Devario offers a single subscription plan for custom-coded small business websites. The plan is $395 per month with $0 due upfront and a twelve (12) month minimum commitment.

The plan includes: a custom-coded website (up to ten pages), hosting, SSL certificate, daily backups, unlimited content edits, mobile responsive design, local SEO foundation, and direct support from the developer. Additional pages, blog system setup, monthly SEO content, and custom features are available as optional add-ons at the rates listed on our pricing page.

Design work begins after the Customer signs the service agreement and the first monthly payment is processed. A design review period is provided before launch, and the Customer may request revisions during this period as described under "Money-Back Design Guarantee" below.

Money-Back Design Guarantee

If the Customer is not satisfied with the initial design and Devario is unable to deliver a version the Customer approves after reasonable revisions, the Customer may request a full refund of payments made prior to site launch and cancel the agreement without further obligation. This guarantee applies only before the site goes live. Once the site is launched, the standard cancellation terms below apply.

Cancellation and Contract Term

The service agreement has a minimum term of twelve (12) months beginning on the date of the first monthly payment. If the Customer cancels before completing the twelve-month term, the Customer remains responsible for the remaining monthly payments through the end of the initial term. For example, a Customer who cancels after six (6) months owes the remaining six (6) monthly payments.

After the initial twelve-month term is complete, the Customer has three options:

• Continue the subscription on a month-to-month basis at the same $395 per month rate. Hosting, backups, unlimited edits, and support remain included. Either party may end the month-to-month subscription with thirty (30) days' written notice.
• Purchase the code and self-host by paying a one-time transfer fee of five hundred dollars ($500). Upon payment, Devario will deliver the complete source code and assist with transferring the site to hosting of the Customer's choice. After transfer, Devario has no further hosting, maintenance, or support obligations unless a separate agreement is made.
• End the agreement. If the Customer does not continue the subscription and does not purchase the code, the subscription ends and Devario will take the site offline. Devario retains ownership of the code in this case.

Monthly payments are billed in advance and are non-refundable once processed, except as described in the Money-Back Design Guarantee above.

Acceptance of Work

Devario provides a review period of five (5) business days following delivery of work for the Customer to evaluate and provide feedback. If Devario does not receive feedback or revision requests within five (5) business days post-delivery, the work will be considered accepted. This does not prevent the Customer from requesting additional edits afterward; unlimited content edits are included with the active subscription.

Intellectual Property Rights

During the active subscription, Devario retains ownership of the underlying source code. The Customer is granted a license to use the website for their business while the subscription is active. The Customer owns all content they provide, including text, images, logos, and brand assets.

Full ownership of the source code transfers to the Customer only if the Customer exercises the $500 code buyout option described in the Cancellation and Contract Term section. Upon payment of the transfer fee, Devario assigns all rights in the custom-developed code to the Customer, excluding any third-party libraries, frameworks, or assets governed by their own licenses.

Fonts and Third-Party Assets: If any project incorporates fonts or assets not owned by Devario and requiring a commercial license, Devario will inform the Customer in writing. The Customer assumes responsibility for purchasing appropriate licenses for any third-party fonts or assets incorporated into the project.

Customer Representations

By using the Services, the Customer represents and warrants that: (a) the Customer has the legal capacity and agrees to comply with these Terms of Service; (b) the Customer is not a minor; (c) the Customer will not access the Services through automated or non-human means; (d) the Customer will not use the Services for any illegal or unauthorized purpose; (e) the Customer's use of the Services will not violate any applicable law or regulation.

Prohibited Activities

Customers shall use the services provided by Devario solely for lawful purposes. Customers are prohibited from:

• Reselling, redistributing, or exploiting the services or content for unauthorized commercial purposes
• Using services in any way that infringes upon the intellectual property rights of others
• Engaging in any activity that is illegal, fraudulent, or violates the rights of any third party
• Attempting to reverse engineer, decompile, or extract source code from proprietary systems

Communication and Feedback

All questions, comments, suggestions, and feedback must be communicated through designated platforms (Asana, Slack, or email as specified in your onboarding). Devario shall retain ownership of all feedback and is under no obligation to keep it confidential. Devario is not liable for any oversight or failure to act on feedback not shared through designated channels.

Customer Data

The Customer is responsible for providing all necessary data, materials, and access credentials required for Devario to perform its services. This includes project requirements, content, images, hosting access, and any other information relevant to service delivery. Delays caused by lack of customer-provided materials are not the responsibility of Devario.

Service Interruptions

Service interruptions may occur due to factors beyond our control, including team member unavailability, technical difficulties, or external factors. Devario shall not be liable for any loss, damage, or inconvenience caused during such periods. We are committed to minimizing disruptions and will notify customers of any significant interruptions.

Showcasing Work

Devario reserves the right to showcase completed work in portfolios, case studies, and marketing materials unless otherwise agreed upon through a Non-Disclosure Agreement (NDA). Customer names and identifying information may be anonymized upon request.

Limitations of Liability and Indemnification

Devario, its directors, employees, contractors, or agents shall not be liable for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, or other damages arising from Customer's use of the Services.

Customer agrees to defend, indemnify, and hold harmless Devario from any loss, damage, liability, claim, or demand due to Customer's use of the Services or breach of these Terms.

Modifications to Terms of Service

Devario reserves the right to modify these Terms of Service at any time. Customers will be notified of material changes via email. Continued use of the Services after such modifications constitutes acceptance of the updated Terms.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict of law principles.

Termination

These Terms remain in effect until terminated by either party. Customers may terminate in accordance with the cancellation policy outlined above. Devario reserves the right to terminate this Agreement with reasonable notice, or immediately in cases of breach by the Customer, including non-payment or violation of these Terms.

Upon termination, all rights and obligations of both parties cease, except for those explicitly stated as surviving termination (such as payment obligations for services already rendered, confidentiality, and ownership of materials).

SMS Messaging Terms

Devario operates an automated missed-call text-back service for local businesses. The following terms apply to all parties interacting with our SMS messaging service.

SMS Messaging

By calling Premier Dental and reaching our voicemail, you consent to receive a one-time automated follow-up SMS from us containing a link to book an appointment or request a callback.

• Message frequency: 1 message per missed call
• Cost: Message and data rates may apply
• Opt-out: Reply STOP at any time to unsubscribe. You will receive no further messages.
• Help: Reply HELP for assistance or contact us at drew@devario.dev
• Consent is not a condition of purchase or service.