Terms of Service
Last updated April 30th, 2020
Agreement
These Terms of Service (“Terms”) govern your access to and use of DevPlan (“DevPlan”, “getdevplan.com”, “we”, “us”, “our”), operated and provided by DevPlan, Inc. By using the Services you agree to be bound by these Terms.
DevPlan & Contract
DevPlan provides individual and team development plan management and other organization human resource related services. These offerings are provided by DevPlan through an application at the Internet site https://getdevplan.com/ (the "Site" and, together with any related software, tools and services provided in connection with the Site, the "DevPlan Service"). Please read carefully the following terms and conditions ("Terms of Service") and our Privacy Policy, which may be found on our website at https://getdevplan.com/privacy and which is incorporated herein by reference into these Terms of Service.
You agree that by clicking “Join DevPlan”, “Sign up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with DevPlan (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Sign Up” (or similar) and do not access or otherwise use any of our Services.
Your use of our Services is also subject to our Privacy Policy, which can be found at https://getdevplan.com/privacy.
Definitions
"Content" means text, graphics, photos, music, software, audio, video, information or other materials. "Corporate Member" means a Member that is a company or other legal entity, rather than an individual.
"DevPlan Content" means Content that DevPlan makes available through the Site or DevPlan Service, including any Content licensed to DevPlan from a third party, but excluding Member Content.
"Member" means a person or entity who completes DevPlan's account registration process, as described under "Account Registration" below. "Member Content" means Content that a Member posts, uploads, publishes, submits or transmits to be made available through the DevPlan Service, including, without limitation, comments to the DevPlan blog. "Site Content" means DevPlan Content and Member Content.
Services
This Contract applies to getdevplan.com, and other DevPlan-related sites, apps, communications and other services that state that they are offered under this Contract (“Services”). Registered users of our Services are “Members” and unregistered users are “Visitors”. This Contract applies to both.
Modification
DevPlan reserves the right, at its sole discretion, to modify, discontinue or terminate the DevPlan Service or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms of Service or on the Site or Application. By continuing to access or use the DevPlan Service after we have posted a modification on the Site or Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service.
If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the DevPlan Service. Certain portions of the DevPlan Service may, or may in the future, have different terms and conditions posted on the Site or may require you to agree with and accept additional terms and conditions. DevPlan may, in its sole discretion, make premium or different applications, software or services available to you that is subject to different terms and conditions and narrower licenses than as set forth therein. If there is a conflict between these Terms of Service and terms and conditions posted for a specific portion of the DevPlan Service, the latter terms and conditions shall take precedence with respect to your use of or access to that portion of the DevPlan Service.
Eligibility
By accessing or using the DevPlan Service you represent and warrant to DevPlan that: (i) you are of legal age to form a binding contract, or, if you are a minor, you have your parent's permission to use the DevPlan Service, and your parent has read and agrees to these Terms of Service on your behalf; (ii) all registration information you submit is accurate, current and complete; (iii) you will maintain the accuracy and completeness of such information; (iv) if you are accepting these Terms of Service on behalf of a company or other legal entity, you have the authority to bind that company or legal entity to these Terms of Service.
You also certify that you are legally permitted to use and access the DevPlan Service and take full responsibility for the selection and use of and access to the DevPlan Service. These Terms of Service are void where prohibited by law, and the right to access the DevPlan Service is revoked in such jurisdictions.
Privacy
See DevPlan's Privacy Policy at https://getdevplan.com/privacy for information and notices concerning DevPlan's collection and use of your personal information.
Account Registration
In order to access the DevPlan Service, you must register to create an account ("Account") and become a Member. When registering with DevPlan you agree to: (a) provide true, accurate, current and complete information about yourself (or, if applicable, the Corporate Member you represent) as prompted by the DevPlan Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the DevPlan Service (or any portion thereof). You may not authorize any third party (other than, if applicable, the employees, consultants or agents of the Corporate Member you represent) to access or use the DevPlan Service on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify DevPlan of any unauthorized use of your user ID or password or any other breach of security. DevPlan cannot and will not be liable for any loss or damage arising from any unauthorized use of your account. By providing us with your email address, you agree to receive all required notices electronically, to that email address. From time to time, DevPlan will use this email address to send you notifications about product updates and improvements, company news and events, and updates from our community.
Fees and Payment
Signing up for an DevPlan account is free for Members who register as individuals or Corporate Members. The free use of various offerings within the DevPlan Service, including but not limited to team development plan management, organization ladder creation, and organization learning path creation are governed by additional terms set forth on the Site (such additional terms being incorporated herein by reference). In the event you choose to upgrade to paid services or to provide payment information to DevPlan after being prompted to do so, you agree to the pricing, payment and billing policies as set forth (a) herein, (b) on the Site and/or (c) if applicable, in a separately executed or accepted purchase order. All fees paid for the DevPlan Service are non-refundable and non-transferable except as expressly provided in these Terms of Service. All fees and applicable taxes, if any, are payable in United States dollars. You are solely responsible for the payment of, and shall pay when due, all applicable sales and use taxes and similar fees now in force, enacted or imposed in the future on the delivery of DevPlan Service and/or any related transactions (except for taxes assessed on DevPlan's net income or personal property). If your selected DevPlan Service package requires a recurring subscription fee, your DevPlan Service package will automatically renew, unless we terminate it, or you notify us by email ([email protected]) of your decision to terminate your current DevPlan Service package. You must cancel any such DevPlan Service package before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.
Intellectual Property
DevPlan owns and retain all right, title, and interest in and to the DevPlan Service (except for any licensed content and software components included therein). Member agrees not to reverse engineer, decompile, distribute, license, sell, transfer, disassemble, copy, alter, modify, or create derivative works of the DevPlan Service or otherwise use the DevPlan Service in any way that violates the use restrictions contained in these Terms of Service. DevPlan does not grant to Member any license, express or implied, to the intellectual property of DevPlan or its licensors. Member further acknowledges and agrees that any information regarding the design, "look and feel", specifications, components, functionality or operation and payment terms and pricing (if applicable) of the DevPlan Service is considered the confidential and proprietary information of DevPlan (collectively "DevPlan Confidential Information"). Member Data. Subject to the section below labeled "Assignment of Certain Member Data", Member shall retain all right, title and interest in and to (a) all graphics, images, files, data and other information transmitted by Member to DevPlan in connection with its use of the DevPlan Service and (b) reports and other materials generated by the DevPlan Service following such transmission (collectively, "Member Data"), provided, however, that Member hereby grants to DevPlan a worldwide, royalty-free, non-exclusive license to use (i) data generated as a result of Member's use of the DevPlan Service solely for purposes of (x) maintaining and improving the DevPlan Service and (y) providing Member with access to special product offers and promotions and (ii) non-identifiable, anonymous, aggregated data regarding Member's use of the DevPlan Service compiled by DevPlan solely for marketing purposes or distribution to third party research firms. DevPlan Logos and Designs. DevPlan's logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of DevPlan in the U.S. and/or other countries. DevPlan's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without DevPlan's prior written permission. Member Art. Member shall retain all right, title and interest in and to all of Member's logos, promotional graphics and related marketing designs (collectively, the "Member Art"), provided, however, that Member hereby grants to DevPlan a worldwide, royalty-free, non-exclusive license to use the Member Art, as well as Member's corporate and/or trade name, for purposes of fulfilling its obligations hereunder and marketing DevPlan's products and services to third parties, subject to Member's right in each instance to approve the manner and form of such use (which approval shall be in writing and shall not be unreasonably withheld or delayed).
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the DevPlan Service ("Feedback"). You may submit Feedback by emailing us at [email protected] and where available, using a live chat feature within the app. You acknowledge and agree that all Feedback will be the sole and exclusive property of DevPlan and you hereby irrevocably assign to DevPlan and agree to irrevocably assign to DevPlan all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At DevPlan's request and expense, you will execute documents and take such further acts as DevPlan may reasonably request to assist DevPlan to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
General prohibitions
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the DevPlan Service, or any individual element within the DevPlan Service, DevPlan's name, any DevPlan trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without DevPlan's express written consent;
Attempt to probe, scan, or test the vulnerability of any DevPlan system or network or breach any security or authentication measures;
Access, tamper with, or use non-public areas of the DevPlan Service, DevPlan's computer systems, or the technical delivery systems of DevPlan's providers;
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as of privacy and publicity) of any other use of the DevPlan Service or staff member of DevPlan.
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by DevPlan or any of DevPlan's providers or any other third party (including another user) to protect the DevPlan Service or Site Content;
Attempt to access or search the DevPlan Service or Site Content or download Site Content from the DevPlan Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by DevPlan or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail or junk messages, spam, chain letters or other form of solicitation (including sending invitations to use the DevPlan Service to the mobile numbers of people you do not know);
Use or disclose any DevPlan Confidential Information, except as otherwise explicitly set forth herein.
Use any meta tags or other hidden text or metadata utilizing a DevPlan trademark, logo URL or product name without DevPlan's express written consent;
Use the DevPlan Service or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the DevPlan Service or Site Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the DevPlan Service or Site Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the DevPlan Service;
Collect or store any personally identifiable information from the DevPlan Service from other users of the DevPlan Service without their express written permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or Encourage or enable any other individual or entity to do any of the foregoing.
DevPlan will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. DevPlan may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that DevPlan has no obligation to monitor your access to or use of the DevPlan Service, or to review or edit any Member Content, but has the right to do so for the purpose of operating the DevPlan Service, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Legal
Disclaimers
THE DEVPLAN SERVICE AND SITE CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DEVPLAN EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. DEVPLAN MAKES NO WARRANTY THAT THE DEVPLAN SERVICE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. DEVPLAN MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, DEVPLAN SERVICE OR SITE CONTENT PURCHASED OR OBTAINED THROUGH THE DEVPLAN SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE DEVPLAN SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DEVPLAN OR THROUGH THE DEVPLAN SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE DEVPLAN SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE DEVPLAN SERVICE. YOU UNDERSTAND THAT DEVPLAN DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE DEVPLAN SERVICE, NOR DOES DEVPLAN MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE DEVPLAN SERVICE. DEVPLAN MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE DEVPLAN SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE DEVPLAN SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE DEVPLAN SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE DEVPLAN SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Indemnity
You agree to defend, indemnify, and hold DevPlan, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the DevPlan Service, or your violation of these Terms of Service, including breach of any representations or warranties herein.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE DEVPLAN SERVICE AND SITE CONTENT REMAINS WITH YOU. NEITHER DEVPLAN NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE DEVPLAN SERVICE OR SITE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, DEVPLAN SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR DEVPLAN SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF DEVPLAN SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE DEVPLAN SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE DEVPLAN SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DEVPLAN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL DEVPLAN'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF DEVPLAN SERVICE OR FROM THE USE OF OR INABILITY TO USE THE DEVPLAN SERVICE OR SITE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO DEVPLAN FOR USE OF THE DEVPLAN SERVICE OR CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DEVPLAN AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Export Control
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Application, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Application for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Entire Agreement
These Terms of Service constitute the entire and exclusive understanding and agreement between DevPlan and you regarding the DevPlan Service and Site Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between DevPlan and you regarding the DevPlan Service.
Assignment
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without DevPlan's prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. DevPlan may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: by DevPlan (i) via email (in each case to the address that you provide) or (ii) by posting to the Application or Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
General
The failure of DevPlan to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of DevPlan. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.
Links to Third-Party Websites
The DevPlan Service may now or in the future contain links to third-party websites, advertisers, services, or resources that are not owned or controlled by DevPlan. You acknowledge and agree that DevPlan has no control over and is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, privacy policies, practices, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by DevPlan of such websites or resources or the content, products, practices, privacy policies, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources. Additionally, your dealings with or participation in promotions of any third parties, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that DevPlan shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties. We encourage you to be aware of when you leave the DevPlan Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit. You expressly relieve DevPlan from any and all liability arising from your use of any third-party website or services or third party content.
Termination and Account Cancellation
If you breach any of these Terms of Service, DevPlan will have the right to suspend, disable or terminate your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. DevPlan reserves the right to revoke your access to and use of the DevPlan Service at any time, with or without cause. In the event DevPlan terminates these Terms of Service for your breach, you will remain liable for any and all amounts due hereunder. You may cancel your Account at any time from https://getdevplan.com/profile, or by sending an email to [email protected]
Contacting DevPlan
If you have any questions about these Terms of Service, please contact DevPlan at [email protected]
Thanks for taking the time to read through all of the terms :)