Effective Date: 2025 October 1st
Last Updated: 2025 October 1st
These Terms of Service (the "Terms") are a binding agreement between you and DEVARC. By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
You must be at least 18 years old and have the legal capacity to enter into these Terms. You may not use the Services if you are prohibited by applicable law.
You will not: reverse engineer, disrupt or overburden the Services, attempt unauthorized access, interfere with other users, upload malicious code, or use the Services to violate law or third party rights. You will not use the Services to create models or services that compete with DEVARC.
Customer Data means content submitted to or generated in your account, including prompts and outputs. You retain ownership of Customer Data. You grant DEVARC a non exclusive, worldwide, royalty free license to host, process, transmit, and display Customer Data only as necessary to provide and support the Services and to prevent fraud and abuse. You are responsible for reviewing AI outputs and for your use of them.
Each party will protect the other party's confidential information with at least reasonable care and will use it only for purposes of these Terms. This obligation does not apply to information that is publicly available, already known, independently developed, or rightfully obtained from a third party without confidentiality obligations.
DEVARC and its licensors own all rights in the Services, including software, designs, and trademarks. No rights are granted except as expressly stated. If you provide feedback, you grant DEVARC a perpetual, irrevocable, worldwide license to use it without obligation.
The Services may interoperate with third party products or services. Your use of third party services is subject to their terms and privacy policies, and we are not responsible for them.
We may offer features identified as alpha, beta, preview, or evaluation. Beta features are provided as is, may be subject to additional terms, and may be discontinued at any time.
Unless a separate written agreement states otherwise, the Services are provided without any service level commitments. We may provide documentation and reasonable support.
We implement security measures as described in our Privacy Policy. If required by law or your procurement process, a data processing addendum can be made available upon request and will form part of these Terms when executed.
We will not use your company name or logo in public marketing without your prior consent. You may revoke consent at any time by contacting legal@devarc.ai.
The Services and all outputs are provided as is and as available without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non infringement, and that results will be accurate, complete, or error free.
You will defend and indemnify DEVARC and its affiliates, officers, directors, and personnel from claims and costs arising out of your content or your use of the Services in violation of these Terms or law.
To the maximum extent permitted by law, DEVARC will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, data, or goodwill. DEVARC's total liability arising from or related to the Services will not exceed the greater of 100 USD or the amounts you paid to DEVARC for the Services in the 12 months before the event giving rise to liability.
You and DEVARC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved exclusively by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator in Delaware, USA, in English. The Federal Arbitration Act governs the interpretation and enforcement of this Section. Class, collective, or representative actions are not permitted. You may opt out of this arbitration requirement by sending an email to legal@devarc.ai with the subject "Arbitration Opt-out" and your account email within 30 days after you first accept these Terms. If you opt out, or if this Section is found unenforceable as to a particular claim, the exclusive jurisdiction and venue for that claim will be the state and federal courts located in Delaware, USA.
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of laws rules. Subject to the arbitration provision, the exclusive venue for any permitted court action is the state and federal courts located in Delaware, and you consent to their jurisdiction.
You will comply with applicable export control and sanctions laws. You will not use the Services if you are located in an embargoed country or are a denied or restricted party.
If you are a U.S. government entity, the Services are provided as Commercial Items with only those rights as are provided in these Terms.
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Neither party is liable for delays or failures caused by events beyond its reasonable control, including acts of God, internet failures, or government actions.
We will send notices to the email associated with your account. You will send legal notices to legal@devarc.ai. Routine communications may occur within the Services.
We may modify the Services and these Terms. If changes are material, we will provide notice. Your continued use after the effective date of changes constitutes acceptance.
These Terms are the entire agreement between you and DEVARC regarding the Services. If a provision is unenforceable, the remainder will remain in effect. A waiver is effective only if in writing. There are no third party beneficiaries.