General Terms and Conditions

By utilizing the Devinstock website and clicking 'I accept,' you acknowledge having read and agreed to the terms and conditions. Please review carefully this Terms of Service agreement.

In this contract, the following words have the following definition :

Clause 1: Subject

Devinweb provides the Client with a SaaS business management software named Devinstock, including features such as customer relationship management (CRM), product and inventory management, team and project management, payments and more. The Client has the ability to create a Devinstock Account, update their profile, and manage their business data through his Devinstock account.

Devinstock service subject to this Contract aims to provide the Client with a SaaS solution forintuitive management, business monitoring, and elevated decision-making.

Clause 2: Account access

The Client has the option to request the opening of their own account from a web browser on the website www.devinstock.com. The Client may freely choose a unique Subdomain already available for their account.

Once the Client has entered their registration information and Subdomain, they receive an activation lin via email, and by accepting this, the Client is prompted to setup a new password and start the initial setup.

As soon as the Devinstock Account is created, the Client can use it immediately. The Client will have access to the documentation necessary to get started with Devinstock directly from their account.

Clause 3: Data security

Devinweb is commited to implement all necessary mechanisms to secure the infrastructure (server, network, firewall, databases .. ) and Client data

Devinweb strongly recommends that Clients implement as many control mechanisms as possible using team management feature. Devinweb reserves the right to limit access to the Devinstock Account. The Client is free to choose the control and/or his account mechanisms .

The Client acknowledges the importance of respecting security rules, and for this purpose, they must: Protect their passwords, especially the one to access the Devinstock Account, by changing them regularly, and ensure the security of access to computers and technical infrastructure, particularly by using firewalls and antivirus software.

Clause 4: Software License and Copy Rights

Devinweb grants to the Client, who accepts it, a non-exclusive license to use the Software provided via the Devinstock website, strictly to the extent necessary to create and manage their Devinstock Account according to the terms outlined in the Client Agreement.

The granted license reserves no proprietary rights, which remain exclusively held by Devinweb. The source code cannot be used under this license. The Software is intended exclusively for the use of the Client and cannot be sold, rented, or sublicensed.

The Client also benefits of all other proprietary rights associated with the Devinstock service. Devinweb reserves the right at any time to modify Devinstock to provide the Client with a new version update and to modify the features and characteristics of the Software.

Clause 5: Responsibilities of commitment

"Devinweb's liability is subject to the following conditions and limits:"

• Devinweb's responsibility can only be attributed to the part of the software and infrastructure that it manages and controls.

• Devinweb shall not be liable for indirect damages, loss of revenue, loss of customers, subsequent damages, or immaterial damages.

• Devinweb, through its support team, ensures the hosting and availability of the Devinstock Service with the cloud provider and the hardware and software environment.
  • The client is responsible for the management and security of their Devinstock account.

• Devinweb is only liable for serious and repeated violations of contractual provisions that are directly attributable to it.
  • The client is responsible for the content of their Devinstock account, ensuring that it respects the intellectual property rights of third parties and complies with applicable laws.
    • Devinweb ensures appropriate and reasonable protection of the Devinstock Account by using adequate means. However, the Client is fully responsible for the choice and management of the Subdomain, the connection data of the Client's Users (identifiers), and associated passwords.
      • The Client commits to performing regular, effective, and sufficient checks on their devices.

• The client agrees to use the Devinstock service in accordance with the provided documentation and not to disrupt the service in any way. For example, it is forbidden to perform automatic queries to test the availability of the service or repetitive, unnecessary queries on non-existent data or data with static status.

Clause 6: Payment and subscription

• The Devinstock Service is billed to the Client on a monthly or annual basis. Devinweb reserves the right to modify this billing frequency with prior notice via email to Clients.
  
  • Subscriptions and options subscribed to are billed in advance at the beginning of each period.
    • Invoices issued by Devinweb are payable by check, credit card, or any other means of payment, which the Client agrees not to revoke during the contract period. In case of debit rejection by the Client's bank, the latter agrees to immediately settle its invoices.
      • Invoices issued by Devinweb are payable within 15 calendar days from the date of issue of the invoice. In case of late payment, a reminder will be sent to the Client.
      • In case of significant delay in payment, i.e., more than 30 calendar days after the due date of the invoice, or in case of revocation of the automatic debit mechanism, legal proceedings will be initiated.
        • In this case, Devinweb reserves the right to terminate the Client's Devinstock Account without notice, and the fees mentioned in the article as well as the debt collection fees will be fully due and taken into account.

Clause 7: Duration

The Client Agreement becomes effective upon activation of the Client's Devinstock Account. In the case of a Client Contract Proposal, Devinweb typically activates the Devinstock Account upon receipt of the signed Client Contract Proposal from the Client, along with any other documents or information deemed necessary by Devinweb.

However, Devinweb reserves the right to activate or not activate the Account. Unless expressly stated otherwise.

The Contract is concluded on its effective date for an initial fixed term of 30 days. At the end of this initial period, the contract is automatically renewed under the same terms and conditions for successive durations according to the client's subscription.

The Client can terminate the Client Contract at any time. The suspension of their account will occur immediately upon cessation of payments. After reminders, their data will be retained for a period of 3 months before being permanently deleted.

The Client Contract may also be terminated in the following cases

• - Failure by the other party to fulfill any of its material obligations under the Client Contract, one month after sending a formal notice by registered letter with acknowledgment of receipt.
• - Bankruptcy, insolvency, receivership or judicial liquidation, appointment of an administrator, definitive concordat or amicable settlement plan for creditors, implementation of a moratorium, seizure of the assets of the other party, or conservatory seizure in the hands of Devinweb by a creditor of the Client.

Clause 8: Confidentiality

• All data, whether specified as confidential or reasonably perceived as such due to their format, nature, or content, relating to the Client or Devinweb, are considered confidential.

• Each party retains ownership of the data it shares with the other party.

• Each party commits to maintaining the confidentiality of the data covered by the General Conditions, ensuring that: they only use confidential information to fulfill the obligations arising from the Client Contract and not for other purposes.
  • Communicate confidential data only to the personnel or representatives involved in the collaboration envisaged by the Client Contract, or to legal authorities upon written request.

• Do not disclose confidential data to third parties without the prior written authorization of the other party. Provide all documents containing confidential data to the other party as soon as requested.

• As part of the integration of Devinstock with third-party services such as Google, Microsoft, the Client will be asked to authorize the platform to send emails or interact with these third-party services. These authorizations will be securely stored and will only be used by the Client via the platform. The Client has the option to revoke these authorizations at any time directly from the Platform.
  • The confidentiality obligation remains in effect for the entire duration of the Client Agreement and for 2 years after its termination, regardless of the cause. Financial data, the terms and conditions of the Client Agreement, as well as the manuals and usage guides of Devinstock products and services, are considered confidential without the need for explicit specification.

Clause 9 – General

• The parties shall not be held responsible for delays or failures in the execution of the Client Agreement when such delays or failures are caused by events or circumstances that are reasonably beyond their control, unforeseeable, and impossible to control. The parties agree that viruses or other errors resulting from unauthorized access to the Software or the Devinstock Site, or any form of cyber attack, shall be considered force majeure events.
  • Devinweb and the Client agree that the exchange of written communications may be conducted via email.
    • The Client agrees that agreements concluded through the Internet with other service providers, which apply different contractual proof methods, cannot be opposed to Devinweb.
      • Devinweb reserves the right to modify at any time all or part of the General Terms and Conditions. However, these modifications will only apply to non-essential clauses that do not affect the fundamental obligations of the parties. These changes will take effect as soon as the Client is informed.

Clause 10 – Applicable Laws

The Contract is subject to the laws of the State where the headquarters of Devinweb are located.

The parties agree to make every effort to reach an amicable settlement of any dispute concerning the Client Contract. In the event that an amicable agreement cannot be reached, any dispute shall be submitted to the competent commercial courts located at the headquarters of the company Devinweb, which is a party to the Client Contract. The Client acknowledges having read and accepted the general terms and conditions as well as the specific conditions without reservation.

Last Updated: 14 May 2024