TERMS OF SERVICE - EFFECTIVE NOV 01 2016

Please read this page carefully before you sign up and pay for any of DEVECORE services.




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These Terms of Service constitute a legally binding agreement between you and DEVECORE, LLC governing your access and use of the DEVECORE web application, mobile application, the www.devecore.com website AND all its sub domains (collectively the "Application") and the software and services made available through the Application (collectively the "Services").

By checking the "I have read and agree to the Terms of Service and Privacy Policy" box or (i) accessing or using any part of the Services, or (ii) initiating any transaction on the Application, you agree to be bound by these Terms of Service.

Internet technology, and the applicable laws, rules and regulations change frequently. DEVECORE reserves the right to make changes to these Terms of Service at any time.

DEFINITION

DEVECORE is a short message service center software (SMSC Software). It is a fast, smart and customizable solution which allows you as the owner to connect your clients to your suppliers in order to transmit and receive short text messages (SMS).

DEVECORE supports many network protocols. The version made available on the cloud (SaaS) supports SMPP only.

DEVECORE does not provide SMS routes. You do not get routes by using the system. It is your sole responsibility to secure agreements with any mobile operator or supplier for the purpose of terminating SMS.

SIGN UP

You must create an account with DEVECORE in order to be able to use the services.

ID VERIFICATION

DEVECORE is by default a business service and is offered to businesses. We are entitled to ask you for your company registration number. In the case of a personal - non business - subscription, we may ask you for a copy of your government issued ID such as passport or driver's license. If you fail to provide such documentation we may (in addition to any other rights or remedies available to us) whithold your account and stop providing Services to you.

ACTIVATION

Your account will become active after you make a valid payment to DEVECORE. Payment amount is related to the service plan you select from our website.

DEPLOYMENT

After verifying your payment and subscription plan, our technical team will start working on your partition. DEVECORE Cloud Partition is made ready after 24 hours of payment confirmation. If more time shall be needed (and that's not likely to happen), a representative from DEVECORE will contact you and provide assistance.

EMAIL COMMUNICATION

By entering your email when you create an account, you agree to receive emails pertaining to the Services directly from DEVECORE. You may unsubscribe from marketing communications at any time, however, DEVECORE reserves the right to continue to send email communications to provide you with important information about your account, our Terms of Service and Privacy Policy, at any time as we deem necessary

UNAUTHORIZED OR ILLEGAL USE

You may not use the Application or Services for any fraudulent, unlawful, deceptive or abusive purpose or in any manner intended to harm an end user or any third party.

LICENSE TO USE SERVICES

In accessing and using DEVECORE’s Services, DEVECORE hereby grants a limited, non-transferable, non-exclusive, revocable license ("License") to access and use the Application and Services during the term of this Agreement.

TERMINATION

Account holder can terminate and/or deactivate their account at any time at sansa@devecore.com or by modifying their account settings within the Application.

DEVECORE may suspend or terminate your account and the Services at any time, without prior notice or liability, for any or no reason, including, but not limited to, if DEVECORE:

1- Suspects a breach of these Terms of Service;

2- Is unable to verify or authenticate identity, financial or account information;

3- Believes that you are acting inconsistently with the letter or spirit of DEVECORE's policies, have engaged in improper or fraudulent activity in connection with the Application or that your actions may cause legal liability or financial loss to DEVECORE;

4- Believes you are infringing the rights of third parties;

PRIVACY

DEVECORE respects your privacy. DEVECORE will only use personal information in accordance with DEVECORE's Privacy Policy.

NOTICE OF CLAIMED INFRINGMENET

If you have a good faith belief that your copyright has been infringed, you can download and submit a Notice of Claimed Infringement to DEVECORE’s Designated Agent, with the following information to legal@devecore.com.

CUSTOMER SUPPORT

DEVECORE is available at support@DEVECORE.com to address any issues you may have regarding your use of the Services. Most concerns can be quickly resolved in this manner.

INDIVIDUAL ARBITRATION

EXCEPT AS OTHERWISE STATED HEREIN, any claim or controversy with DEVECORE arising out of or relating to the Application, Services and/or these Terms of Service (including its formation, interpretation, performance and breach) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration conducted pursuant to these Terms of Service shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1-16).

ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JUDGE OR JURY. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.

The AAA’s rules, as well as forms for initiating arbitration proceedings, are available at www.adr.org. When initiating a request to arbitrate with the AAA, you must also send a copy of the completed form by email to: DEVECORE LLC., legal@devecore.com; Unless otherwise agreed to in writing by the parties, any dispute arising from these Terms of Service shall be conducted in English.

Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims courts for disputes or claims within the scope of that court’s jurisdiction.

INTELLECTUAL PROPERTY

Copyright: The Application and its logos, design, text, graphics, images and other files, and the selection, arrangement and organization thereof, are owned by DEVECORE. You may not use such materials without permission. © 2016 DEVECORE LLC ALL RIGHTS RESERVED.

Trademarks: DEVECORE and its logos are trademarks owned by DEVECORE. All page headers, custom graphics, username identification icon, button icons, scripts and service names are trademarks or trade dress of DEVECORE.

Ownership and Use: Unless otherwise stated herein, nothing in these Terms of Service or your use of the Application gives you a right or license to use any of DEVECORE’s copyrights, trade names, trademarks, service marks, logos, domain names, or any other intellectual property rights.

DISCLAIMERS AND EXCLUSIONS

DISCLAIMER OF WARRANTIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, DEVECORE, THE APPLICATION, SERVICES AND ALL INFORMATION, CONTENT, OR MATERIALS OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APPLICATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DEVECORE DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION, ITS SERVICES OR USE (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. EXCEPT WHERE PROHIBITED BY LAW, DEVECORE EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON THE APPLICATION, SERVICES, INFORMATION, CONTENT, OR MATERIALS INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APPLICATION.

DEVECORE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY DEVECORE USERS OR ANY OTHER THIRD PARTY IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APPLICATIONAND/OR ANY SERVICES. DEVECORE DOES NOT CONTROL ANY THIRD PARTY LINKS, SERVICES, PRODUCTS, GOODS, RESOURCES AND INFORMATION ON THE APPLICATION. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DEVECORE MAKES NO WARRANTIES REGARDING THIRD PARTY SERVICES, GOODS, PRODUCTS, RESOURCES AND INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD PARTY SERVICES, GOODS, PRODUCTS, RESOURCES OR INFORMATION.

AGGREGATE LIABILITY: IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF DEVECORE, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, ATTORNEYS, MANAGERS, LICENSORS, BUSINESS PARTNERS, SUPPLIERS, OR VENDORS, ARISING FROM, RELATING TO, OR CONNECTED WITH THIS APPLICATION, INFORMATION, CONTENT, MATERIALS, OR SERVICES, EXCEED $50.00.

LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION AND SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DEVECORE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE TERMINATION OF YOUR ACCOUNT FOR ANY REASON OR YOUR USE OF THE APPLICATION, INFORMATION, CONTENT, SERVICES, OR MATERIALS, EVEN IF DEVECORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

RELEASE

If you have a dispute arising from, related to, or connected with your use of the Application, Services, information, content, or materials, you hereby release DEVECORE and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns from all claims, demands, causes of action, liabilities, legal fees and costs, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless DEVECORE and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns (the "Indemnified Parties") from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, attorneys’ fees and costs) incurred in connection with any claim, demand or action brought or asserted against any of the Indemnified Parties (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms of Service by you, (ii) a breach of any of the representations or warranties relating to any Content posted by account holder, or (ii) arising from, related to, or connected with your use of the Application or Services, or by any person using your account or password.

SEVERABILITY

If any provision contained in these Terms of Service is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the enforceability of the remaining provisions and portions of these Terms of Service, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable law.

MODIFICATIONS

Our employees, volunteers or agents are not authorized to vary these Terms of Service. No modification of these Terms of Service shall be effective unless it is in writing and either signed by an authorized representative of DEVECORE or posted on the Application by DEVECORE.

NO AGENCY

The parties to this Term of Service are independent contractors. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

ASSIGNMENT

You shall not assign your account or any of the rights or obligations under this Term of Service without the prior written consent of DEVECORE. DEVECORE may at any time assign, transfer or subcontract any or all of its rights or obligations under these Terms of Service without your consent.

SUCCESSORS AND ASSIGNS

These Terms of Service are binding on and inure to the benefit of the parties and their respective successors and permitted assigns.

GOVERNING LAW

These Terms of Service shall be governed by, construed and enforced in accordance with the laws of the State of Michigan, without regard to or application of Michigan’ conflict of law principles. The parties consent to the exclusive jurisdiction of the State of Michigan with regard to any dispute, controversy or claim arising out of or relating to these Terms of Service, or the breach thereof and waive all rights to contest this exclusive jurisdiction and venue of such Courts.

NO WAIVER

The failure or delay of either party to exercise any right, power or privilege under these Terms of Service will not operate as a waiver thereof.

INTERPRETATION

Headings are for reference purposes only and do not limit the scope or extent of such section.

FORCE MAJEURE

DEVECORE will not be liable or responsible for any delays in service, for failing to provide the Services or to operate the Applications a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, telecommunications or power outage, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight embargoes, terrorism, natural disaster, war or acts of God.

NOTICES

All notices required or permitted to be given under these Terms of Service will be in writing and delivered to: DEVECORE on legal@devecire.com. All notices by DEVECORE will be sent to you by email or will be conspicuously posted on the App.

ENTIRE AGREEMENT

These Terms of Service comprise the entire agreement between you and DEVECORE and supersede all prior or contemporaneous agreements, written or oral, between the parties regarding the subject matter contained herein.

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