Terms of Service

Agreement to Terms

By accessing or using the Devclock website and services, including Devclock Resolve ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

Description of Services

Devclock provides software development, workflow automation, and related technology services. Devclock Resolve is a subscription-based service offering ongoing workflow automation and software improvements on a retainer basis. Specific service terms, deliverables, and pricing are defined in individual service agreements or statements of work.

Service Agreements

Engagement for Devclock Resolve and other services requires a separate service agreement that outlines:

Scope of services and deliverables
Pricing and payment terms
Timeline and milestones (where applicable)
Intellectual property ownership
Confidentiality obligations
Termination conditions

In the event of a conflict between these Terms and a service agreement, the service agreement shall govern for matters related to that specific engagement.

Payment Terms

For subscription services like Devclock Resolve:

Fees are billed monthly in advance unless otherwise specified
Payment is due within the timeframe specified in your service agreement
Late payments may result in suspension of services
All fees are non-refundable unless otherwise stated in your service agreement

Client Responsibilities

As a client, you agree to:

Provide accurate and complete information necessary for service delivery
Respond to requests for feedback, approvals, or information in a timely manner
Maintain backups of your own data and systems
Ensure you have the rights to any materials you provide to us
Use our services only for lawful purposes
Not interfere with or disrupt our services or systems

Intellectual Property

Client Materials: You retain ownership of all materials, data, and content you provide to us.

Deliverables: Unless otherwise specified in a service agreement, upon full payment, you will own the deliverables we create specifically for you.

Pre-existing Materials: We retain ownership of any pre-existing tools, frameworks, libraries, or methodologies we use in delivering services. We grant you a license to use these as part of your deliverables.

Our Brand: All Devclock trademarks, logos, and branding remain our exclusive property.

Confidentiality

We will treat your confidential information with the same degree of care we use to protect our own confidential information. We will not disclose your confidential information to third parties except as necessary to provide our services or as required by law. This obligation survives termination of any service agreement.

Warranties and Disclaimers

We will perform our services with reasonable skill and care consistent with industry standards.

DISCLAIMER: EXCEPT AS EXPRESSLY SET FORTH IN A SERVICE AGREEMENT, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not guarantee that our services will be uninterrupted, error-free, or that any defects will be corrected. We do not guarantee specific outcomes, timelines, or results unless explicitly stated in a signed service agreement.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEVCLOCK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify and hold Devclock harmless from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from: (a) your use of our services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any materials you provide to us.

Termination

For subscription services like Devclock Resolve:

Either party may terminate at the end of any billing period with written notice
We may suspend or terminate services immediately for non-payment or violation of these Terms
Upon termination, you remain responsible for any outstanding fees
We will provide reasonable assistance in transitioning work upon termination

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the state or federal courts located in Utah.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our Services after such changes constitutes acceptance of the modified Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms, together with any applicable service agreements, constitute the entire agreement between you and Devclock regarding our Services and supersede all prior agreements and understandings.

Contact Us

If you have any questions about these Terms, please contact us at:

Devclock
Email: support@devclock.com