Pragmatico Ltd operating as DevFit at www.devfit.co website ("Services").
By accessing or using the DevFit website ("DevFit"/"Site"/"we"/"us"), you acknowledge and agree to the disclaimers, terms and conditions set forth in this Agreement.
By using the site or by subscribing for or purchasing any DevFit Service, you are agreeing to this Agreement.
Company reserves the right to modify or discontinue the Service (or any feature thereof), at any time and without notice to you.
All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to Company,
except for those belonging to third parties, which are used with permission.
Your right to access and use our Services is personal to you (or the entity you represent) and is not transferable by you to any other person or entity.
Any action by you that, in our sole discretion:
(ii) restricts, inhibits or prevents any access, use or enjoyment of our Services; or
(iii) through the use of our Services, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use our Services.
You acknowledge and agree that standard carrier data charges may apply to your use of any mobile application.
The rights granted to you in these Terms are subject to the following restrictions:
i.you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services;
ii.you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services;
iii.you shall not access the Site or Services in order to build a similar or competitive Service;
iv.except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means;
v.you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission;
vi.you will not take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
vii.you will not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature; and
viii.you will not violate the Terms of Service or any other similar such contractual relationship with GitHub or any other third party that provides integration with the Services.
No Affiliation or Endorsement
Company is not affiliated with GitHub in any way. Under no circumstance shall any use of the Services, constitute an affiliation, endorsement, or sponsorship of any kind. GitHub intellectual property is used strictly in accordance with applicable law. All rights are reserved by their respective owners.
Company has no affiliation with, and does not endorse or sponsor, any content hosted by third parties on, or made available through, the Services, unless specified otherwise on the Services.
As between Company and you, Company or its licensors own and reserve all right, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with this Terms. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Company.
Company’s names, graphics, videos, logos, page headers, button icons, scripts, and service names, including "DevFit," are our trademarks or trade dress in the United States and/or other countries (collectively, the "Proprietary Marks"), are owned by Company. You may not use the Proprietary Marks without our prior written permission. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.
Subscription to the Service
We offer subscription access to the Service at the price listed on the registration, signup, or pricing page of the Site, with such price billed automatically on the indicated interval (each such interval a "Term") to the credit card or payment information you have on file with Company (the "Subscription"). The Subscription price and terms may change from time to time as listed on our website.
By purchasing a Subscription, you agree to pay in full all fees (whether initial or recurring) indicated on the Site's pricing page. You Subscription pricing may adjust automatically based upon your usage, as explained on the pricing page. Your Subscription will automatically renew for successive terms equal to the first Term. You authorize Company to charge your credit card or other payment information for all Subscription fees. Subscriptions may be billed through the use of third party payment processing services ("Processors") utilized by Company. The Company and the Processors may receive updated credit card information from your credit card issuer or bank.
You may cancel your User Account and Subscription at any time by following the instructions in Company. The Company may cancel your User Account and Subscription at any time and without notice pursuant to these Terms. Upon such cancellation, (i) your obligations under the subscription will cease and no further payment will be due by you, and (ii) no refunds shall be due for previous payments.
The Company reserves the right to refuse to provide a User Account or Subscription to any person for any reason.
All prices posted on the Site are in United States denominations and subject to change without notice, unless otherwise expressly indicated.
Interruption of Service
Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take.
We reserve the right to suspend or discontinue the availability of our Services and/or any portion or feature of our Services at any time in our sole discretion and without prior notice.
You agree that we will not be liable to you or to any third party for any interruption, modification, suspension, or discontinuance of the Site or Services or any part thereof.
Limitation of Damages; No warranties
In no event will Company or its owners, shareholders, officers, directors employees, or affiliates (collectively, "Affiliates") be liable to you or any third party for any special, incidental, indirect, punitive or exemplary or consequential damages, or damages for loss of business, loss of profits, business interruption, or loss of business information arising out of the use or inability to use the Service or any of its features, even if Company has been advised of the possibility of such damages. You agree to use the Service solely at your own risk.
The Service is provided by Company without any warranties of any kind, whether express, implied, or statutory, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, integration, accuracy, or quality. You acknowledge and agree that Company may not meet your requirements or expectations, may not run properly or efficiently on your device, and may not be free of bugs or defects.
Without limiting any of the foregoing, Company will not be responsible for any inability to access or utilize any content you have uploaded to or synched with the Service.
You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless Company and its Affiliates from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. Without limiting the generality of this section, you specifically acknowledge that your defense, indemnification, and hold harmless obligations hereunder shall extend to any claim by GitHub or any other applicable third party.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
We reserve the right to update, amend or replace these Terms at any time in our sole discretion and without notice by changing this document. The date on which the Terms were last updated will be noted at the top of the Terms.