Terms of Service
Effective Date: September 1, 2024
These Terms of Service (“Terms”) govern your use of the DevFortress web applications including Athena AI, Whiteboard, MailMagic and Google Meet™ Add-ons (“the App”) and any related services provided by [Your Company Name] (“we,” “us,” or “our”). By accessing or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.
1. Use of the App
1.1 Eligibility: You must be at least 18 years old or have the legal capacity to enter into these Terms to use the App. By using the App, you represent and warrant that you meet these eligibility requirements.
1.2 User Account: Some features of the App may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
2. User Content
2.1 User-generated Content: The App may allow you to submit, post, or share content, including but not limited to text, images, and videos (“User Content”). You retain ownership of your User Content, but by submitting it, you grant us a worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce, adapt, distribute, and display your User Content in connection with the App.
2.2 Prohibited Content: You agree not to submit or share User Content that is illegal, defamatory, infringing on intellectual property rights, or violates any third-party rights.
3. Intellectual Property
3.1 App Ownership: We retain all rights, title, and interest in and to the App, including all content, features, and intellectual property. You may not use our trademarks, logos, or copyrighted materials without our prior written consent.
4. Privacy
4.1 Privacy Policy: Your use of the App is governed by our Privacy Policy, which can be found at https://devfortress.com/privacy-policy/. By using the App, you consent to our data collection, use, and sharing practices as described in the Privacy Policy.
4.2 GDPR Compliance: We are committed to protecting the privacy and rights of individuals in compliance with the General Data Protection Regulation (GDPR) to the extent it applies to our services. If you are a user located in the European Union (EU) or if your data is subject to the GDPR, please refer to our GDPR Compliance Addendum, which is an integral part of our Privacy Policy and contains additional information regarding your rights and our obligations under the GDPR.
5. GDPR Compliance Addendum
5.1. Data Controller
5.1.1 Data Controller: DevFortress, with its registered address at 407-11015 Boul. Cavendish Saint-Laurent, Québec H4R 2H5 Canada, is the data controller responsible for the processing of personal data collected through the App.
5.2. Data Collection and Purpose
5.2.1 Lawful Basis: We collect and process personal data based on one or more lawful bases as defined in the GDPR, including the necessity of processing for the performance of a contract, compliance with a legal obligation, protection of vital interests, consent, and legitimate interests pursued by us.
5.2.2 Purpose: Personal data is collected for specific, explicit, and legitimate purposes, as described in our Privacy Policy, and will not be further processed in a manner that is incompatible with those purposes.
5.3. Data Subject Rights
5.3.1 Access and Rectification: Under the GDPR, you have the right to access and rectify your personal data. You can exercise this right by contacting us at info@devfortress.com.
5.3.2 Erasure (Right to Be Forgotten): You have the right to request the erasure of your personal data under certain circumstances. We will comply with such requests, subject to our legal obligations to retain certain data.
5.3.3 Data Portability: You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used, and machine-readable format.
5.3.4 Withdrawal of Consent: If we rely on your consent for processing, you have the right to withdraw your consent at any time.
5.4. Data Security
5.4.1 Data Security: We take appropriate technical and organizational measures to ensure the security of your personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage.
5.5. Contact Information
5.5.1 Data Protection Officer: Our Data Protection Officer can be reached at info@devfortress.com.
6. Termination
6.1 Termination by Us: We reserve the right to terminate or suspend your access to the App at our sole discretion, with or without cause, and without notice.
6.2 Termination by You: You may terminate your account and these Terms at any time by discontinuing your use of the App.
7. Disclaimer of Warranties
7.1 No Warranty: The App is provided “as is” and “as available,” without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
8. Limitation of Liability
8.1 Limitation of Liability: To the fullest extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.
9. Governing Law
9.1 Governing Law: These Terms are governed by and construed in accordance with the laws of Province of Quebec and Canada, without regard to its conflict of law principles.
10. Contact Us
If you have any questions or concerns about these Terms, please contact us at info@devfortress.com.
11. Refund and Cancellation (Subscription Services)
11.1 Subscription Cancellation: You may cancel your subscription to the App at any time. The cancellation will take effect at the end of your current billing cycle. To cancel your subscription, please follow the instructions provided within the App’s account settings or contact us at info@devfortress.com.
11.2 Refunds:
Monthly Subscriptions: We do not offer refunds for partial months of service. Once a charge has been made to your account, it is non-refundable, regardless of usage.
Annual Subscriptions: If you cancel your annual subscription within 14 days of the initial purchase date, you may be eligible for a full refund. After this 14-day period, cancellations will take effect at the end of your annual billing cycle, and no refund will be provided for the remaining portion of the year.
Exceptional Circumstances: Refunds or credits may be granted in exceptional circumstances at our sole discretion. Please contact us at info@devfortress.com to discuss any such circumstances.
11.3 Changes to Subscription Terms: We reserve the right to modify our subscription fees or billing methods at any time. We will provide you with reasonable notice of any such changes. Your continued use of the App after the changes take effect constitutes your acceptance of the new fees and billing methods
