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Devii Website Terms of Service

Effective Date: November 17, 2025

These Website Terms of Service (“Terms”) govern your access to and use of the Devii website (the “Site”), operated by Project Phoenix Technologies, Inc. d/b/a Devii, located at 1854 NDSU Research Circle N, Suite 209, Fargo, ND 58102 (“Devii,” “we,” or “us”). By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must discontinue use of the Site. If you subscribe to or use any Devii software-as-a-service (Saas) offering —including the Devii Standard Offering (“Standard Plan”) —your use of that service is also governed by the applicable service-specific terms, including the Devii Standard Offering Terms of Service, which take precedence over these Terms in the event of a conflict.

Definitions​

  • Personal Data – Information you provide when creating an account or subscribing, including name, email, and billing details. Processed as per Devii’s Privacy Policy (see link below).
  • Client Data – Any data, content, or materials you upload, create, or process using the Devii Site. Owned by Client and/or Site visitor.
  • Output – Results or reports generated from Client Data.
  • Service Data – De-identified, aggregated telemetry, logs, and diagnostic data.
  • User Content – Any other content provided by users of the Site outside of Client Data (e.g., feedback).

1. Acceptable Use​

You may browse and use the publicly available portions of the Site for lawful purposes only. You agree not to:

  • access or use the Site in a manner that violates any law or regulation;
  • attempt to gain unauthorized access to Devii systems or accounts;
  • interfere with or disrupt the Site or the networks connected to it;
  • use automated tools (bots, scrapers, spiders) to extract information without permission;
  • upload or transmit any malicious code, malware, or harmful content.

Devii may modify, suspend, or discontinue any part of the Site at any time without notice.

2. Accounts and Subscriptions​

The Site may allow you to create an account in order to access Devii product offerings or related materials.

  • Creating or using a Devii SaaS account is governed by the Devii Standard Offering Terms of Service or other applicable service agreements (e.g., Commercial or Enterprise contracts).
  • These Website Terms apply only to your use of the Site, not to your use of Devii’s software platform.

3. Intellectual Property​

All content on the Site —including text, graphics, logos, documentation, videos, and code —is owned by Devii or its licensors and is protected by copyright, trademark, and other intellectual property laws. Except as expressly permitted, you may not:

  • copy, modify, distribute, or create derivative works of Site content;
  • use Devii’s trademarks without prior written permission;
  • remove, obscure, or alter copyright or proprietary notices.

Nothing in these Terms grants you rights to Devii software, platform IP, or proprietary technology.

The Site may contain links to third-party websites or services that are not controlled by Devii. Devii is not responsible for the availability, accuracy, or content of third-party materials.

Your use of third-party services is governed by their respective terms and policies.

5. Privacy, Confidentiality & Security​

Devii will maintain commercially reasonable technical and organizational safeguards designed to protect Client Data against unauthorized access, use, or disclosure. Your use of the Site is subject to the Devii Privacy Policy, which explains how we collect, use, and protect personal information. By using the Site, you consent to the collection and use of Personal Data and to our privacy practices as described in that policy. In the event of a data breach or incident, Devii will respond as per the guidelines within the Privacy Policy.

You assign to Devii all rights in Feedback, which Devii may use freely. Feedback does not include Client Data or Output. Devii owns de-identified Service Data and may use it to operate and improve the Service, but it never includes Client Data, Output, or identifiable information.

If you enter into a mutual nondisclosure agreement (“mNDA”) with Devii, the mNDA governs the protection of Confidential Information exchanged for business or evaluation purposes. In the event of a conflict between these Terms and a mutually executed mNDA regarding confidentiality, the more protective provision controls.

6. Disclaimers​

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

DEVII DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. USE OF THE SITE IS AT YOUR RISK.

WE DO NOT WARRANT THAT:

  • THE SITE WILL BE ERROR-FREE, SECURE, OR AVAILABLE AT ALL TIMES;
  • CONTENT ON THE SITE IS ACCURATE OR COMPLETE;
  • DEFECTS WILL BE CORRECTED.

7. Limitation of Liability​

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEVII WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE. DEVII’S TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

These limitations apply regardless of the theory of liability, even if Devii has been advised of the possibility of such damages.

8. Indemnification​

You agree to indemnify, defend, and hold harmless Devii and its officers, directors, employees, contractors, and agents from any claims, damages, liabilities, and expenses arising from:

  • your use of the Site;
  • your violation of these Terms; or
  • your infringement of any third-party rights.

9. Changes to These Terms​

Devii may update these Terms from time to time. Material updates will be posted on the Site or communicated through other reasonable means. Your continued use of the Site after any update constitutes acceptance of the revised Terms.

10. Governing Law & Dispute Resolution​

These Terms are governed by the laws of the State of North Dakota, without regard to conflict-of-laws principles.

  • Disputes will be resolved by binding arbitration in Cass County, ND under AAA rules.
  • Claims may only be brought individually, not as part of a class action.

11. Miscellaneous​

  • Severability: If any provision is found unenforceable, the remainder remains in full force.
  • No Waiver: Devii’s failure to enforce any provision does not constitute a waiver.
  • Entire Agreement: These Terms constitute the entire agreement governing your use of the Site and do not replace any separate agreement governing Devii’s SaaS offerings.

12. DMCA Notice​

Devii respects intellectual property rights. If you believe that content on the Site infringes your copyright, you may submit a notice to:

Project Phoenix Technologies, Inc. d/b/a Devii – Legal Department
1854 NDSU Research Circle N, Suite 209
Fargo, ND 58102

Email: support@devii.io

Your notice must comply with the Digital Millennium Copyright Act (DMCA).