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.

Service Plans

Cancellation and Renewal Policy

Customers may cancel their subscription at any time by submitting written notice at least fourteen (14) days prior to their next billing cycle renewal date. This advance notice is essential to prevent charges for the subsequent period and allows Devario to efficiently manage and reallocate development resources.

Monthly plans can be paused or canceled anytime with 14 days' notice. Annual plans require completion of the 12-month commitment period as outlined in the pricing agreement.

Acceptance of Work

Devario provides a review period of three (3) business days following delivery of work for the Customer to evaluate and provide feedback. If Devario does not receive feedback or revision requests within three (3) business days post-delivery, the work will be considered accepted, and the team will proceed to the next task. This does not prevent the Customer from providing additional feedback afterward; however, new requests will be prioritized according to the project queue.

Pricing Plans and Refund Policy

Devario operates on a prepaid monthly subscription model. Once payment is received and resources are allocated, no refunds will be issued for any reason, including early cancellation. This policy exists because dedicated developers and resources are assigned based on anticipated project continuation.

Customers wishing to cancel must provide written notice at least fourteen (14) days prior to the next billing cycle. Services will continue through the end of the current paid period.

Intellectual Property Rights

Ownership of all work created specifically for the Customer during a billing cycle is transferred to the Customer immediately upon payment for that cycle's service. This includes web designs, development code, customized graphics, and other deliverables created as part of the service agreement.

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).