Terms of Use

For the purposes of the Terms, the following definitions shall be used:

• “Agreement” means the agreement between Customer and DevIT Software concerning the subscription to and the use of the DevIT Software’s Services in accordance with these Terms of Use.

• “API” refers to the Application Programming Interface provided by DevIT Software to the Customer.

• “Customer” refers to the person or entity using the DevIT Software’s Services as the contracting party of DevIT Software.

• “Customer Data” which includes contact information such as name, email address, phone number, and address.

• “Customer’s Store” — an online shop developed by the Customer on the Shopify platform to market Customer’s services.

• “End Users” refers to the users of Customer’s Store.

• “Internal Users” refers to the users of Customer’s access to the Apps for internal purposes of Customer, e.g. Customer’s employees, employees of affiliated companies, freelance collaborators or Customer’s service providers.

• “Platform” means resources where you can purchase applications developed by DevIT Software.

• “Services” means applications provided by the DevIT Software company.

• “Software” means the software of the used Platform as made available on a software as a service basis and all Software enhancements that are made available from time to time.

• “Subscription Fee” means the monthly fees payable by the Customer for the use of the Services.

DevIT Software develops and provides Customer with Services designed to enhance Customer’s online business. Namely, DevIT Software provides store management, sourcing and selling products, marketing, up-sell & cross-sell, and customer services. The Customer agrees that DevIT Software owns or holds the applicable licenses to all Intellectual Property Rights including but not limited to copyright in the Software and any documentation provided with the Services by DevIT Software to the Customer including any Customer configuration documentation. DevIT Software will use the Customer Data to provide store management, sourcing and selling products, merchandising, up-sell & cross-sell, and customer services at the Customer's request. As the Customer Data is processed automatically, it can be deleted at Customer's request, but not returned to the Customer (DevIT Software does not offer a data storage service). DevIT Software reserves the right to add additional features to the services at any time. Furthermore, DevIT Software may change, limit or remove existing features for reasons of data security, technical necessities or due to changes in applicable law, provided that the change, limitation or removal is reasonable for Customer in consideration of the interests of both Parties. DevIT Software will provide technical support for its Services to the best of its abilities. However, we do not assume responsibility for offering technical support for any applications, products, or services supplied to you by third parties. Customers may grant Internal Users access to the App in its sole discretion. However, Customers shall be fully liable for any use of Services by Internal Users and shall ensure that Internal Users are aware of and respect any and all restrictions for the use of Services set out in this Agreement.

Subscription Fee are payable by the Customer in US Dollars as indicated on the Platform. The sale is deemed complete upon your purchase of the Service. By making a payment, you affirm that you have the authorization to utilize the payment method employed. DevIT Software uses Shopify services for making payments and transaction processing. Shopify's payment service provider assumes primary responsibility for payment and payment-related customer support. The relationship between the Shopify's Service Provider and Customers are governed by separate agreements; such relationship is not subject of this Terms of Use. The Customer can order any of the DevIT Software’s functions using the Platform. The cost of this service is fixed and defined by the selected tariff plan of the app. Payment for this type of service is carried out directly to DevIT Software and an additional commission of the Shopify service is also charged. DevIT Software provides Customers with a free trial subscriptions for a selected App. After the free trial period, the free trial subscription is automatically extended to a paid subscription to the App as selected by Customer. The free trial subscription can be terminated at any time during its term by DevIT Software or Customer. In the event that DevIT Software or Customer prematurely terminates the free trial subscription, the free trial subscription does not extend to a paid subscription. As part of a free trial subscription, the Customer can use all the Services of the App.

You can cancel your subscription anytime during your store billing cycle. There are no penalties for cancellations within a certain timeframe. You’re eligible to request a refund by writing to us by email: [email protected]. We do not refund the amount for the used time period. We only refund the amount for the time period remaining until the next billing cycle. Please note that the prices for our applications indicated on the site and marketplace already include the Shopify commission. Therefore, we refund the amount excluding the commission from Shopify. When the Services are terminated by you or by us, for any reason, we will stop providing the Services to you, and you will no longer be able to use our applications. You shall uninstall and/or delete any apps or other software you have downloaded from us.

Subject to these Terms and timely payment of the Subscription Fees, DevIT Software hereby grants to Customer an access and use the App for its internal business purposes for the term and within the scope of this Agreement. The Customer understands and agrees that only DevIT Software will have the right to maintain, improve and enhance the Software. Except as otherwise expressly permitted in these Terms, the Customer shall not and shall not permit any other individual or entity to:

• customize, modify or create any derivative works of the Software or DevIT Software Materials;

• decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Software (except to the extent applicable laws specifically prohibit such restriction);

• remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software;

• violate any applicable law, rule, regulation or order, including without limitation, laws governing the personal information and privacy;

• redistribute, encumber, sell, rent, lease, sub-license or otherwise transfer rights to the Software;

• copy, reproduce, distribute, modify or in any other manner duplicate the Software, in whole or in part;

• access or use the Software to create a product that is similar to and/or competitive with the Software.

All rights regarding the Content, Processed Content and/or Customer Data remain with Customer. However, Customer grants DevIT Software the non-exclusive worldwide right to use the Content and/or Customer Data solely in order to provide DevIT Software’s services to Customer. In particular, Customer grants to DevIT Software the right to temporarily store, modify, process and transmit the Content and/or Customer Data, and to sublicense the foregoing rights to its subcontractors, to the extent required to provide the services set out in this Agreement.

These Terms commence as of the date Customer subscribes for the Apps. The Agreement is concluded for an indefinite period of time. Customers may choose to cancel subscription early at your convenience. Customers may use the App solely for the purpose specified in this Terms of Use. In particular, Customer may not, and will not allow third parties (including Internal Users and End Users) to use the App, modifications created using the App, information or service provided by DevIT Software. In the event of an act with fraudulent intent, DevIT Software is entitled to suspend Customer's access to the App immediately and indefinitely. Customer is informed in writing (email is sufficient). The suspicion of fraudulent intent is sufficient. Fraudulent intent lies in particular in the following cases:

• the e-mail address used for registration does not exist or is obviously not valid;

• the address does not exist or is invalid;

• customer has registered several times in order to use the service free of charge;

• customer uses a fraudulent, lost, stolen or blocked / inadmissible means of payment;

• spamming or any other unsolicited advertising;

• copying the Services, or any part, feature, function or user interface thereof, or accessing the Services in order to build a competitive product or service;

In the event of a severe, persisting, imminent or repeated material breach of these Terms of Use DevIT Software shall be entitled to temporarily suspend Customer's access to the App upon prior written notice (email sufficient). Notwithstanding further rights under this Agreement, DevIT Software shall restore access within a reasonable period of time if the breach does not continue, is no longer imminent, or Customer has provided a binding statement that the breach will not be repeated.

DevIT Software does not warrant that the functions performed by the Platform will meet Customer's requirements or that the operation of the Platform will be uninterrupted or error-free. The Platform does not infringe any patent, copyright, or trademark or violate the trade secret or other proprietary rights of any third party.

In the event that one or more provisions of the Terms are for any reason invalid, unenforceable, such invalidity does not affect the validity of any other provision of the Terms, which remains in force.

If you have any questions, the practices of DevIT Software’s Services, or your dealings with DevIT Software’s Services, please contact us at [email protected].

DEVIT SOFTWARE LLC, office 102, building 4 Pivnichne Hhw, Zaporizhia, Zaporizhia region, 69006, Ukraine.