Last Updated: December 15, 2024
This Devsfit Service Agreement (hereinafter "DSA") establishes the comprehensive framework governing all subscription services provided by Devsfit. This agreement applies to all existing, active, and future service subscriptions acquired by the subscribing organization (hereinafter "Client") from Devsfit Technologies Ltd. (hereinafter "Provider") or its authorized legal entities. The DSA supersedes all prior service agreements between the parties concerning Devsfit platform services.
This agreement becomes effective upon the date of execution by both "Client" and "Provider" parties, whether executed through traditional documentation or electronic signature methods.
By subscribing to Devsfit services, the Client acknowledges and agrees to abide by the following comprehensive terms and conditions. We strongly recommend that all Devsfit subscribers, administrators, and end-users thoroughly review these documents. Additionally, we encourage regular review of updated terms to ensure optimal service experience. In the event of any discrepancy between this agreement and standard English language interpretation, the English language version shall prevail.
All Client-generated content, data, and information shall remain the exclusive property of the Client, regardless of whether such content is stored on our cloud infrastructure, third-party cloud services, or Client-owned hosting environments. Devsfit Technologies Ltd., along with its affiliates, development partners, and service providers, shall not access, retrieve, or manipulate Client content, textual data, files, or information stored across any cloud or hosting platform, except in extraordinary circumstances where written authorization has been obtained from the Client for specific issue resolution purposes.
To safeguard Client confidential information and proprietary data, Devsfit Technologies Ltd. strictly prohibits its development team and third-party contractors from accessing Client data without explicit written permission. Furthermore, Devsfit Technologies Ltd., its partners, development entities, and affiliated contractors are prohibited from utilizing Client content or data for marketing initiatives, promotional activities, or personal purposes without obtaining written consent from the subscribing Client.
Devsfit represents proprietary software technology exclusively owned by Devsfit Technologies Ltd. We maintain strict expectations that our clients, business partners, suppliers, and third-party collaborators respect intellectual property rights and copyright regulations. Any unauthorized replication of Devsfit design elements, functional features, or operational processes may result in legal proceedings under applicable local and international intellectual property laws. Our organization maintains a zero-tolerance policy regarding copyright infringement and intellectual property violations, which may lead to immediate service termination and legal action as permitted by statutory regulations.
The Provider offers Devsfit licensing options to subscribers under the following comprehensive terms:
Subscribing to Devsfit services signifies your trust in our data handling practices. We recognize the critical importance of this responsibility and implement comprehensive measures to maintain your confidence. This Privacy Framework specifically applies to Devsfit application services and does not extend to services governed by separate privacy policies.
We reserve the right to update our Privacy Framework based on evolving circumstances; however, we commit to not diminishing Client rights under this Privacy Framework without explicit consent. For significant changes, we will provide enhanced notification methods, including email communications for specific service categories.
Subject to acceptance of DSA terms and conditions and successful payment processing for the selected service package, Clients shall gain access to Devsfit subscription services commensurate with their subscription level.
Clients shall remit subscription fees according to Devsfit package pricing available at https://www.devsfit.com/, excluding any applicable taxes, VAT, tariffs, or government-imposed charges, unless a valid government-issued tax exemption certificate is presented to the Provider.
Only registered users within the Client organization (including management and staff) are authorized to utilize Devsfit Services under this DSA. Clients shall ensure that all users comply with DSA provisions when accessing Devsfit Services within their employment scope. Devsfit Services are restricted to internal organizational use only.
Clients are prohibited from reselling, duplicating, reproducing, imitating, or otherwise commercializing Devsfit services obtained from Devsfit Technologies Ltd. Clients shall promptly notify Devsfit Technologies Ltd. upon discovering any unauthorized utilization of Devsfit services.
The Provider disclaims all liability related to third-party systems operating outside Devsfit core infrastructure that may potentially compromise Client data security. Clients are expected to validate all third-party software applications available through the Devsfit application marketplace.
Devsfit Technologies Ltd. maintains exclusive ownership rights over the Devsfit application platform, while Clients retain ownership of their personal data and content uploaded to Devsfit Technologies Ltd. cloud infrastructure or authorized hosting services. Client feedback, however, shall not be considered proprietary to either party and may be utilized for Devsfit enhancement without restrictions or compensation obligations.
a. Either party may terminate this DSA if the counterparty commits a material breach of agreement terms and fails to rectify such breach within 30 days following receipt of breach notification.
b. Either party may immediately terminate this agreement upon notification if the counterparty files voluntary bankruptcy proceedings or faces involuntary bankruptcy proceedings that remain undismissed for sixty (60) days following filing.
c. Devsfit Technologies Ltd. (or its authorized legal entity) may suspend Client access to Devsfit upon providing advance written notice if the Client breaches agreement terms, with suspension continuing until the breach is reasonably remedied.
For monthly and annual subscribers, the Provider does not guarantee uninterrupted service availability or immunity from technical malfunctions that may temporarily affect Devsfit services. However, the Provider commits to utilizing all available resources to resolve issues promptly and restore expected service levels for Clients.
In the event of disputes between parties, both parties shall endeavor to resolve matters amicably or engage an independent arbitrator to reach mutually beneficial conclusions. Should parties fail to resolve disagreements through mutual agreement or arbitration, disputes shall be governed by applicable legal jurisdiction, with any legal proceedings related to the Agreement being brought before appropriate state courts. The prevailing party in any litigation may seek recovery of reasonable legal expenses and litigation costs.
All notices shall be provided in writing to the email address and/or physical address of the counterparty as specified on the website, registered address, or operational address. Notices shall be effective upon delivery confirmation.
This Agreement does not establish a partnership, agency relationship, or joint venture between the parties. Neither party possesses the authority to bind the other or create obligations on behalf of the counterparty. Under no circumstances shall any employee of one party be considered an employee of the other party.
Devsfit Technologies Ltd. and the Client may monitor Client utilization of Devsfit Services to ensure Agreement compliance, provided that Devsfit Technologies Ltd. shall not access Client networks, systems, devices, or content during such monitoring without explicit Client consent.
If the Provider processes, maintains, or hosts Client personal data pursuant to this Agreement, both the Provider and Client shall comply with the comprehensive data protection framework outlined below.
The Client agrees to designate a primary contact as "Client Administrator" responsible for: Registering users exclusively affiliated with the Client organization, deactivating/removing users who depart from the Client organization, deploying Devsfit on secure server/cloud infrastructure (either with Devsfit Technologies Ltd. or Client-owned servers), receiving and responding to data protection requirements from the Provider, reporting any data breaches related to Devsfit functionality, and authorizing Devsfit Technologies Ltd. to fulfill such responses on the Client's behalf.
Devsfit Technologies Ltd., its development team, or third-party contractors shall not utilize Client Personal Data and content for any purpose except user engagement analytics, feature performance analysis, and feedback processing necessary for Devsfit service improvement. Devsfit Technologies Ltd. shall promptly notify the Client in writing if compliance with any requirements becomes impossible, at which point either the Client or Devsfit Technologies Ltd. may terminate the Agreement or implement reasonable remedial measures.
The Provider shall maintain robust organizational and technical security protocols, including hardware and software infrastructure, storage and network systems, access control mechanisms, monitoring and logging systems, vulnerability assessment and breach detection capabilities, incident response procedures, and other measures designed to prevent unauthorized or accidental access, loss, alteration, disclosure, or destruction of Client Personal Data.
Upon termination of this agreement or upon Client's reasonable request, Devsfit Technologies Ltd. (or its authorized entity) shall return all Client Personal Data and associated copies to the Client or securely destroy such data and provide satisfactory demonstration to the Client that appropriate disposal measures have been implemented.
If any provision of the Agreement is determined to be unenforceable, such provision shall be subject to discussion and modification to render it enforceable to the maximum extent possible while preserving the parties' original intentions, and the remaining provisions shall remain unaffected and fully enforceable.
The parties may amend the Agreement only through written amendments signed by both parties, particularly when changes are required under applicable laws or regulatory requirements.
Notwithstanding any contrary provisions in the Agreement, this agreement shall be governed by the laws of Bangladesh, and any legal proceedings related to this agreement shall be brought before Bangladesh state courts. However, disputes concerning the processing of personal data from other countries shall be governed by the laws of the respective country's courts.
For any questions regarding these Terms & Conditions, please contact us:
Email: team@devsfit.com
Phone: +88 01721827507
Company: Devsfit Technologies Ltd.