Terms of Service Agreement
THIS TERMS OF SERVICE AGREEMENT (THE "AGREEMENT") ESTABLISHES THE TERMS AND CONDITIONS THAT APPLY TO ALL END USERS (EACH AND COLLECTIVELY, "YOU", "YOUR", OR "USER") OF THE SITE AND/OR SERVICE (EACH AS DEFINED BELOW). BY USING THIS SITE AND/OR SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS.
Use of the Site and our Service
The term "Site" shall mean: the DevTrackPro website located at devtrackpro.com, plugins, extensions, mobile applications, and tablet computer applications (individually and collectively, the "Site"). The term "Service" shall mean: use of the Internet web pages and mobile application pages, plugins, extensions, data, analyses, screens, reports, documentation and other information of any kind that are accessible through the Site, as well as all updates, enhancements and modifications thereto, and all intellectual property contained therein.
Your DevTrackPro Account
If you create an account on the Site, you are entirely responsible for maintaining the security and confidentiality of your account and password. You agree to notify DevTrackPro immediately of any unauthorized use of your account or any other breach of security. To notify us, contact us at info@devtrackpro.com. You are responsible for all use of the Site or Service occurring under your account. DevTrackPro will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.
Intellectual Property
This Agreement does not transfer from DevTrackPro to you any DevTrackPro or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with DevTrackPro. DevTrackPro, the DevTrackPro logo, and all other trademarks, service marks, graphics and logos used in connection with DevTrackPro, the Site, or the Service are trademarks or registered trademarks of DevTrackPro. Other trademarks, service marks, graphics and logos used in connection with the Site or Service may be the trademarks of other third parties. Your use of the Site or Service grants you no right or license to reproduce or otherwise use any DevTrackPro or third-party trademarks.
Your Responsibilities
You may use the Site and/or the Service solely for lawful purposes. You may not use the Site and/or the Service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site and/or the Service. We want to keep DevTrackPro safe for everyone. You agree to notify DevTrackPro immediately if you gain unauthorized access to the Service, user accounts, or computer systems or networks, through hacking, password mining or any other means.
Disclaimer of Warranties
The Site is provided "as is". DevTrackPro and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither DevTrackPro nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk.
Limitation of Liability
In no event will DevTrackPro, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to DevTrackPro under this agreement. DevTrackPro shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification
You agree to indemnify and hold harmless DevTrackPro, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
Termination
DevTrackPro may terminate your access to all or any part of our Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your DevTrackPro account (if you have one), you may simply discontinue using our Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Paid Upgrades
Optional paid services are available (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay DevTrackPro the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Unless you notify DevTrackPro before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
Miscellaneous
This Agreement constitutes the entire agreement between DevTrackPro and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of DevTrackPro, or by the posting by DevTrackPro of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of Spain, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Spain.