ReSell Terms of Use

Development Information Technologies Inc. (hereinafter — “we”, “us”, “DevIT”) is a Canadian company that provides applications (hereinafter — “App”, “Apps”) to Customers through the Shopify Software as a Service (SaaS) model (https://www.shopify.com/) or through the website located at https://apps.shopify.com/partners/devit-software, together (the “Platform”). This document applies to all applications developed by DevIT.

By using the services of DevIT, you acknowledge that you are fully aware of the provisions of these Terms of Use, accept all of them in full without any exemptions or limitations whatsoever and agree to use the apps in compliance with them.

These Terms of Use create a legally binding agreement between DevIT and the Customer. If you do not accept these Terms of Use, you shall refrain from using the Apps.

If you are the agent or employee of an entity, you represent and warrant that (1) the individual accepting these Terms is duly authorized to accept these Terms on such entity’s behalf and to bind such entity, and (2) such entity has full power, corporate or otherwise, to enter into these Terms and perform its obligations hereunder.

We may modify the Terms from time to time to reflect changes in market conditions affecting our business, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system. You agree to be bound by any changes to these Terms when you use our Services after any such modification is posted on this page. It is therefore important that you review the Terms regularly to ensure you are updated as to any changes.

If you have any questions about these Terms of Use please contact us: [email protected]

Definitions

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

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

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

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

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

“Customer’s Store” means 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 users who access the Apps on the Customer’s behalf for the Customer’s internal purposes, 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.

“Services” means applications provided by the DevIT 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.

Services

DevIT develops and provides Customer with Services designed to enhance Customer’s online business. Namely, DevIT provides store management, sourcing and selling products, marketing, up-sell & cross-sell, and customer services.

The Customer agrees that DevIT 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 to the Customer including any Customer configuration documentation.

DevIT will use the Customer Data to provide store management, sourcing and selling products, marketing, 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 does not offer a data storage service).

DevIT reserves the right to add additional features to the services at any time. Furthermore, DevIT 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 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 Apps at their 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 fees and payments

Subscription Fees 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 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 Shopify’s payment service provider and Customers is governed by separate agreements; such relationship is not the subject of these Terms of Use.

The Customer can order any of the DevIT functions using the Platform. The cost of this service is fixed and defined by the selected tariff plan of the apps. Payment for this type of service is carried out directly to DevIT and an additional commission of the Shopify service is also charged.

DevIT provides Customers with free trial subscriptions for selected Apps.

After the free trial period, the free trial subscription is automatically extended to a paid subscription to the Apps as selected by Customer. The free trial subscription can be terminated at any time during its term by DevIT or Customer. In the event that DevIT 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 Apps.

Cancellations & refund policy

You can cancel your subscription at any time during your store’s 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.

Prohibited uses

Subject to these Terms and timely payment of the Subscription Fees, DevIT hereby grants Customer access to and use of 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 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 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 the non-exclusive worldwide right to use the Content and/or Customer Data solely in order to provide DevIT services to Customer. In particular, Customer grants to DevIT 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.

Term and termination

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 their subscription early at their convenience.

Customers may use the Apps solely for the purpose specified in these Terms of Use. In particular, Customer may not, and will not allow third parties (including Internal Users and End Users) to use the Apps, modifications created using the Apps, information or service provided by DevIT.

In the event of an act with fraudulent intent, DevIT is entitled to suspend Customer’s access to the Apps immediately and indefinitely. Customer will be informed in writing (email is sufficient). The suspicion of fraudulent intent is sufficient. Fraudulent intent lies in particular in the following cases:

• the email 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 shall be entitled to temporarily suspend Customer’s access to the Apps upon prior written notice (email sufficient). Notwithstanding further rights under this Agreement, DevIT 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.

Warranties

DevIT 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.

Final provisions

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

Contact us!

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

DEVELOPMENT INFORMATION TECHNOLOGIES INC.

130 King Street West, Suite 1900

Toronto, ON M5X 1E3

Canada