Your privacy is important to us. This Consent to Personal Data Processing (hereinafter "the Consent”) is meant to help you understand what data we collect, why we collect it, and how we process it when you visit our website https://devinoso.com (the “Website”) or use our services (the «Services», the “Software” or the “Tracking Platform”).
Please take your time to read this document (policy). Your Consent to Personal Data processing is necessary to work with the Devinoso Tracking Platform.
This form of Consent fully complies with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter the “GDPR Regulation”).
Devinoso Limited (Devinoso, “us”, or “we”) acts as a controller of your personal data. Devinoso Limited is incorporated and existent in the Cyprus, 28 Oktovriou 317-319, Neapolis 3105, Limassol. Contact email email@example.com
By accessing our Website or using our Services, you become subject to this Policy. Your acceptance of the terms of this Policy, in their entirety, shall be effective to you and your employees, if any.
Devinoso offers a SaaS affiliate tracking platform also known as performance marketing software through his website https://www.Devinoso.com. Our tracking platform can be used to track, manage and optimize online marketing campaigns or to build affiliate networks for digital or physical products. Our software allows its clients/consumers/advertisers to upload, download, track, analyze and process data to and from the platform in order to review and optimize results of their marketing campaigns.
The data we process on the clients/consumers/advertiser’s behalf relates to their partners with which the clients/consumers/advertisers do business and the end-users who use or interact with the clients/consumers/advertiser’s websites, products, services, advertisements campaigns and/or mobile application services. In relation to processing of such personal data, Devinoso is a data processor. This processing of this data in the free trial period of our tracking platform and the subsequent use of the tracking platform, if the clients/consumers/advertisers choose to continue access and use of the tracking platform, is governed by the data processing agreement executed between Devinoso and the client/customer/advertiser.
- What information we collect and how we use it
“Personal Data” is any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly. We collect the following Personal Data about you:
1.1 Information we use to provide services
Your Contact and Billing Information. When you register or sign up for the Devinoso Services, we may collect certain contact information from you, such as your first and last name, organization/company name, company number, banking or other payment information, city, state and zip code, country, email address, and phone number or other similar contact details to process your registration request, to contact you regarding it and for finance purposes (invoicing).
We will use this information to provide you access to the Services you have ordered but also for customer support services, technical updates or updates on changes in our usage policies.
TYPES, PURPOSES, METHODS AND PERIODS OF PERSONAL DATA PROCESSING
Personal data for which this Consent is granted (hereinafter the “Personal Data”):
- First name and last name (Processing purposes: Client identification);
- Gender (Processing purposes: Marketing goals, provision of effective customer service);
- Date of birth (Processing purposes: Client age identification);
- Address (Processing purposes: Client Invoicing);
- Contact phone number and other means of communication (including messenger apps' user IDs). (Processing purposes: Client identification, provision of support services to the client, use for marketing purposes);
- Email (Processing purposes: Identification of the Client account, newsletters, use for marketing purposes);
- Banking, card details and other payment information (Processing purposes: Billing and invoicing) Note: Devinoso (the merchant) will not sell, purchase, provide, exchange or in any other manner disclose Account or Transaction data, or personal information of or about a Cardholder to anyone, except its Acquirer, Visa/Mastercard Corporations or in response to valid government demands
- Information on the Client identified locale, i.e. a set of parameters that determine regional settings of user interface, namely, residence country, time zone and the interface language of the Client. (Processing purposes: Identification of the Client account, Security, newsletters, use for marketing purposes);
- Technical data that is automatically transmitted by the device through which the subject uses the Controller web-site, including the device’s technical characteristics, IP address, information in the cookies files that have been sent to the subject device, information about the subject browser, the operating system name and version, the date and time of access to the site, the requested pages’ addresses. (Processing purposes: Correct operation of the web application, mobile and desktop versions of the Controller application; monitoring of the Client behavior, Security, prevention of creating duplicate accounts for fraud purpose or other illegal actions)
Collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, examination, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, sampling, erasure or destruction.
- If the Client/Consumer/Advertiser is a citizen or a company registered in a European Union country or has been verified to work with citizens or companies of the European Union countries, the Personal Data processing period ends in 5 (five) years from the termination of interaction between the Client/Consumer/Advertiser and Us. The Personal Data storage period may be extended from 5 (five) to 7 (seven) years upon the competent authority request.
- If the Client/Consumer/Advertiser is not a citizen or a company registered in a European Union country and has not been verified to work with citizens or companies of the European Union countries, the Personal Data processing period is unlimited and Personal Data may be processed by the Controller and its Processors after the termination of interaction between the Client/Consumer/Advertiser and Us.
IN ADDITION TO THE ABOVE, I CONFIRM THAT FOR THE TIME OF THIS CONSENT I AM ACQUAINTED WITH THE FOLLOWING INFORMATION:
Legal basis for the Personal Data processing: General Data Protection Regulation of April 27, 2016 (GDPR);
Service Usage Information. In order to improve and provide you a better experience using our tracking platform, we may collect information in connection with your use of our Services, including order information, chat logs, email logs, support ticket logs and information about your actions in various client areas on the Website. We may use any information collected from you to improve our user experience and services, especially the customer service and support services, diagnose possible problems or to send you promotions, surveys, periodic emails regarding your order/ registration or system configuration, use of Services or other similar services you might be interested in.
The legal basis for Devinoso to use your Contact and Billing Information and the Service Usage Information is the agreements you enter into with us in connection with the Services (the “Services Terms” “TOS” “Terms of Sevice”) and performance of these agreements as well as taking steps at your request prior to entering into them.
Third Party. In case of missing information about you or your company we may obtain this information from third party or public sources and add them in your account profile in the contact information section. We may need and use this combined information to provide you our Services and to be sure that we will be paid for the Services provided.
1.2 Use of information for marketing
Your Personal Data such as full name, contact email address, country, phone, etc. may be used by Us to send you updates about our Services or marketing offers, even if you are not an active client/customer but you indicated an interest to the Devinoso services thru our website contact/registration/request form. If you don’t want to receive such communications from us please contact us (we will respond your request in a reasonable time period) or press the unsubscribe button you will find at the end of our messages (in case of email messages). Please remember that even if you unsubscribe and you are an active customer/client of our service we will still send you non-marketing communications regarding your account or our ongoing business relations.
1.3 Cookies and Browsing Information
Cookies are small pieces of information that are saved onto the device from which the Service is accessed and which allow Devinoso to provide certain services such as the ability to recall certain aspects of your most recent content search so that subsequent searches will be faster. Cookies can be removed from your device if you so desire. Most browsers will automatically accept Cookies. However, you can change the settings of your device to prevent Cookies being saved or to remove Cookies which may already be present on your device. Most of the services of our Website can be used without Cookies.
Devinoso uses its own Cookies and Third Party Cookies as follows:
- Cookies which are strictly necessary to provide a service expressly requested by the user: Specifically, Devinoso uses the necessary cookies to save a User's login.
- Session Cookies: These Cookies are saved and valid for a fixed period of time only, that is, until the user quits navigating or using the Service. These Cookies do not permanently save any information onto your device.
- Navigation Cookies: The primary objective of these Cookies is to avoid offering you recommendations which are unrelated to your areas of interest, as well as to provide you with targeted and personalized commercial offers. Navigation Cookies function by temporarily tracking your Internet navigation. You can remove this type of cookie before starting a navigation session in the Service
Statistical Cookies or Analysis Cookies: These Cookies provide the following information:
- The dates and times of your visits to the Service
- Your access to content during your visits
to the Service
These Cookies are designed to personalize the Service, improve the user experience, create separate profiles of user activity on the websites, and generate statistics on user activity within the Platform. This allows us to focus our efforts on improving the area’s most frequently visited by users as well as help users find what they need more quickly.
Devinoso may use the information regarding your visit to perform assessments and generate statistics using anonymized data, as well as to ensure uninterrupted service or to make improvements to the Service. This information will not be used for any other purposes whatsoever. All of these purposes are deemed to be non-intrusive of Users' personal and private lives.
- Cookies from social networks, search
engines and other 3rd party tracking technologies: Specifically,
Google Analytics, Google AdWords, Baidu, Bing, Yahoo, Twitter and
Facebook social plugins or Linkedin button which control interaction
with the widgets from these external social networks.
Through the use of Google Analytics, Yahoo, Bing and other 3rd Party tracking technologies we monitor, analyze and improve our Website Search Engine presence (SERP positions). We also use Bing, Yahoo, Baidu, Google Adwords and other similar AD networks for advertising purpose to drive traffic to our website, raise brand awareness, and increase our online sales as a part of our marketing plan.
Through the use of Social Plugins, the Platform interacts with the Twitter, Facebook and Pinterest networks to allow you to share content you find interesting with your social circles. Furthermore, the use of Social Plugins saves you from having to provide the Platform with your personal login information to fetch information already shared within the scope of said social networks. Third party cookies for behavioral marketing/retargeting: these cookies are used by trusted third companies to target registered or unregistered Users who previously have interacted with or visited the Service through any electronic means.
Third party cookies do not obtain any information regarding users’ names or the address from where they connect. The information recorded includes for example the users’ IP from which they have access, the number of page visits, the language, the city where the user’s IP address is assigned, the number of users that visit us, and the frequency or repetition of their visits, which page you are visiting on our website. This enables Devinoso to advertise its latest offers through the different Affiliate websites, to monitor the advertising campaign, and to show advertisements that are adapted to users’ preferences.
You can configure your browser to accept or reject all Cookies by default, or to receive an on-screen notification each time a Cookie request is made at which point you can decide whether or not to allow said cookie to be saved onto your hard drive. To this end, we recommend that you consult the help section of your browser for information on how to change the settings that you currently use or use browsers in “incognito” mode. Should you decide to reject all Cookies, you will continue to be able to navigate the Platform but your access to certain sections may be limited. For more information regarding how to manage cookies, we recommend you visit http://www.aboutcookies.org
- Third parties, to whom the Controller and/or the Processor may transfer the Client Personal Data for processing for the purposes and in the ways indicated in this Consent:
2.1. Centers for personal data processing and storing (data processing centers, data centers):
- Provided Personal Data: All Personal Data listed in this Consent;
- Personal Data provision purpose: Client/Customer Personal Data safe storage;
2.2. State authorities authorized to receive personal data; auditors, consultants, accountants, notaries, lawyers (if necessary):
- Provided Personal Data: All Personal Data listed in this Consent;
- Personal Data provision purpose: The Controller provides the Client Personal Data solely in case of the disclosure requirement to authorized official authorities or persons in accordance with the applicable law, order, decree, court decision and in the minimum necessary extent.
2.3. Our employees who are in contact with the Client or who are responsible for marketing, customer support, IT department who are responsible for providing support to our Client, analyzing and improving our Website and Services.
2.4. Affiliated companies, 3rd party suppliers/vendors such as data storage services, website hosting services, database maintenance services, payment processing providers, legal consultants or debt collection companies.
Note: We reserve the right to sell, assign or transfer our business or assets. In any such event or similar event, including but not limiting to corporate sale, merger, reorganization, dissolution, etc., Personal Data may be part of the transferred assets. You acknowledge that such transfers may occur, and that any acquirer or successor of Devinoso may continue to use your Personal Data as set forth in this Policy.
Personal data security ensuring means: specified in the “Policy of processing and safety of personal data” approved by the Controller. The Policy will be available on https://www.devinoso.com/privacy starting from September 15, 2021.
Validity period of the consent:
- If the Client/Customer is a citizen or a company registered in a European Union country or has been verified to work with citizens or companies registered in the European Union countries, this Consent is valid for the minimum required period of the Client/Customer Personal Data processing, namely within 5 (five) years from the date of the termination of interaction between the Client/Customer and Devinoso. The Personal Data storage period may be extended from 5 (five) to 7 (seven) years from the date of the termination of interaction between the Client/Customer and Devinoso;
- If the Client/Customer is not a citizen or a company registered in a European Union country and has not been verified to work with citizens or companies registered in the European Union countries, the Personal Data processing period for such Client/Customer is unlimited and Client/Customer consents that such Personal Data may be processed by the Controller and its Processors after the termination of the Client/Customer Agreement between Client/Customer and Devinoso LTD.Special rules for Client/Customers that are citizens of European Union countries or have been verified to work with citizens of the European Union countries:
- Consent withdrawal: If the Client/Customer
is a citizen or a company registered in a European Union country or
has been verified to work with citizens or companies registered in
the European Union countries, the Controller is obliged to comply
with the GDPR Directive on the specified above minimum period for
such Client/Customer Personal Data storage. The Personal Data
Subject understands, agrees and confirms that the right to withdraw
this Consent cannot be applied prior to the mandatory Personal Data
storage period expiration in accordance with the provisions of the
If the Client/Customer is a citizen or a company registered in a European Union country or has been verified to work with citizens or companies registered in the European Union countries has not withdrawn this Consent after five (5) years following to the termination of interaction between the Client/Customer and Devinoso. in the Client/Customer Agreement framework, the Controller, provided that the competent authority does not require the extension of the Personal Data processing to 7 (seven) years period, at the end of this five-year period erases the personal data by irrevocable destruction, and also informs all third parties to whom the Controller and/or Processors transferred the Client/Customer Personal Data regarding such erasure, and demands the implementation of similar actions on their part.
- Client/Customer that is a citizen or a
company registered in a European Union country or has been verified
to work with citizens or companies registered in the European Union
countries is also notified that at any time of the Consent validity
period he has the right to:
- Access the Personal Data, i.e. has the right to request and obtain from the Controller a confirmation as to whether or not personal data are being processed / access to Personal Data and the following information: the purposes of the processing; the categories of personal data concerned, all possible recipients of the Personal Data, where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- Obtain from the Controller without undue delay the rectification of inaccurate Personal Data, the completion of Client/Customer’s incomplete Personal Data, as well as require the receipt of notifications from the Controller regarding any corrections, additions, erasures or limitations to the Personal Data processing;
- Erasure of the Personal Data (“right to be forgotten”) if: personal data no longer necessary in relation to the purposes for which they were collected or otherwise processed; the Personal Data Subject withdraws the Consent, and there is no other legal ground for the processing; the Personal Data Subject objects to the Personal Data processing and there are no overriding legitimate grounds for the processing; Personal Data has been unlawfully processed; Personal Data has to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject; Personal Data has been collected in relation to the offer of information society services to a child (taking into account the provisions of Article 8 (1) of GDPR);
- Obtain restriction of Personal data processing if: the accuracy of the personal data is contested by the Client/Customer, for a period enabling the Controller to verify the accuracy of the personal data; the processing is unlawful and the Client/Customer opposes the erasure of the personal data and requests the restriction of their use instead; the Controller no longer needs the personal data for the purposes of the processing, but they are required by the Client/Customer for the establishment, exercise or defense of legal claims; the Client/Customer has objected to processing pending the verification whether the legitimate grounds of the Controller override those of the Client/Customer;
- Personal Data portability, i.e. to receive the Personal Data, which Client/Customer has provided to the Controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller;
- Object to Personal Data processing, and as result the Controller shall no longer process the personal data unless the Controller demonstrates compelling legitimate grounds for the Personal Data processing which override the interests, rights and freedoms of the Client/Customer or for the establishment, exercise or defense of legal claims (where personal data is processed for direct marketing purposes, the Client/Customer shall have the right to object to processing of personal data for such marketing, and the Controller shall no longer process the Personal Data for such purposes);
- File a complaint regarding the Controller/Processors actions to the supervisory authority.
Refusal to grant the Consent: Personal Data Subject hereby confirms that he has been notified that the provision of this Consent is not mandatory and the Client/Customer may at any time refuse it. However, the Consent granted by the Client/Customer is a requirement necessary for the conclusion of the Client/Customer Agreement between the Client/Customer and Devinoso. In the case of absence of the Client/Customer signed Consent, the contractual relationship between the Client/Customer and Devinoso does not arise.
- Security: We have implemented cutting-edge technical and organizational security measures to protect the data in our possession from any kind of unfortunate incidents as accidental data loss, misuse, alteration, disclosure, destruction or unauthorized access, as well, access of your data is limited only to authorized personnel that will process your data subject to a duty of confidentiality. However, no data transmission on the internet can be guaranteed 100% to be safe from intrusion but we have a set of procedures to follow in case we need to deal with any suspected or actual data security breach. In such case, we will notify you right away and the supervisory authority of a suspected breach where we are legally required to do so.
- Data collecting from Minors
Devinoso will never knowingly collect any Personal Data or information about minor age individuals (under eighteen (18) years of age). If we obtain actual knowledge that it has collected personal information about a minor individual, we will delete immediately all this information from our database
- Client/Customer Rights, Questions and Complaints
- You have the right to request any modification/rectification of your personal data saved in our database such as Contact and Billing info by contacting us at firstname.lastname@example.org or by opening a support ticket via your client dashboard.
- You have the right to restrict, refuse or revoke your consent to the processing of your Personal Data by contacting us at email@example.com, However, it can be difficult or impossible to provide Services to you upon termination of processing of your Personal Data.
- You can exercise your right to data portability (copy of your Personal Data which you have provided to us in structured, common and machine-readable format if has not been already deleted) or request information about all Personal Data we have stored about you by contacting us at firstname.lastname@example.org
- If you have any questions, concerns or complaints regarding the way we collect and handle your information, please contact us by email at email@example.com
Date of last revision: September 15, 2021
Welcome to the https://www.devinoso.com website (the "Website"). These are the Terms and Conditions ("Terms and Conditions") of use applicable to your access and use of our Website and the services made available through the Website (collectively, the "Services")
These Terms and Conditions must be followed by any individual using the site as a visitor (the "Visitor") without registration, including accessing the platform we have installed online as a product demo ("the Demo") or registered as a User (individuals/businesses) (the "User") and are the Terms and Conditions under which Devinoso ("Devinoso,” "we,” "us,” "our") provides you access to the Website or Services.
Devinoso may change these Terms and Conditions in whole or in portion at any time without further notice and you agree that you will be bound by any changes to these Terms and Conditions that will be posted on the Website. The date of the last revision of the Terms and Condition is included at the bottom of this page. Any changes to the Terms and Conditions published on the Site will be immediately applicable to Users and Visitors.
You understand and agree that Devinoso may discontinue or restrict your use of the Website and/or Service for any reason or no reason with or without notice.
YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND/OR THE SERVICES SIGNIFIES THAT YOU AGREE TO THIS TERMS AND CONDITIONS AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TERMS OF CONDITIONS, INCLUDING ANY MODIFICATIONS THAT DEVINOSO MAKES FROM TIME TO TIME.
- Website: represents the Website located at the address https://www.Devinoso.com;
- Demo: is the Devinoso platform/software technology demonstration, available on our Website as a sample for the visitors who might be interested to try the product or see its features before buying.
- Terms and Conditions: represents the Terms and Conditions on this page with their appendices and all the further and subsequent supplements and amendments.
- Client Agreement: represents the agreement between Devinoso (or other Devinoso licensee) and the User / Client / Customer which grand the User right to access and use our Services through the Website;
- Services: represent all the services we are providing to the clients via our Website, including access to the client dashboard, affiliate tracking platform, and all the upgrades, new features developed, modifications, updates, or personal customization developed in whole or partially by us;
- Platform: the Devinoso affiliate tracking software/technology provided to our clients, including all the updates, new features, customizations, server installation and maintenance, updates and monitoring developed in whole or partially by us;
- User Account: the account resulted after a user registration on our Website that contains personal/company data including payment info with the purpose to use our Services via the Website;
- Affiliate: represent any private or business/company providing advertisements via their own websites or other promotion channels for a product or service owner ("Advertiser").
- Advertiser: represents a private or business/company that owns one or multiple products or a service, physical or online, looking for advertisement with the purpose of selling the products or services.
In order to access our Services, you will need to register on our Website and provide complete, up-to-date information about you and/or your company. Once your account is created, you will receive a password that you will need to use, together with the email you used to register to access the Services via our Website.
To complete the registration, you will need to electronically accept our Client Agreement so we can continue providing you access to our Services, and at the end of the trial period (if you are eligible to a free trial period) you will need to pay your Pro Forma Invoices, according to the plan you chose as detailed in our Client Agreement.
These requirements may change as the Services evolve.
- Use of the Services and Restrictions
- You will have the right to access our Platform, upload, store, analyze, optimize and download your data from the Software;
- You agree not to license, transfer, sell or re-sell any information, content or service obtained from our Website;
- It is forbidden to make available, through the Website and/or our Services, any material or information that infringes any patent, trade secret, copyright, trademark, or any other right of any party (including the rights of publicity or privacy);
- Notwithstanding anything to the contrary, you may not: (i) make any misleading, false or deceptive statement representation regarding Devinoso and/or the Services, (ii) sell, rent, lease, assign, act as a services provider, or grant rights in the Services, including, without limitation sublicense, to any other entity without the prior written consent of Devinoso, (iii) remove any proprietary notices from the Services, (iv) permit, cause or authorize the modification, creation of derivative works, reverse engineering, translation, decompiling, disassembling or hacking of the Services.
- You agree that you will not use our Website or the Services for any commercial purpose or the benefit of any 3rd party or charge any person, or receive any compensation for the use of our Website or Services.
Devinoso has the right at any time to publish on his Website or Platform any proposal to new services or other offers/proposals or send to the Users messages via email in the email address provided at the time of the registration such offers about our Services or any other relevant matters that could provide a better user experience to the end Clients. These messages may include invitations, suggestions, reminders, or descriptions of future or existing services or other important notices, but also promotional or marketing content.
- Customer Support
The User will receive a different type of support level according to the Subscription plan he chooses. The most common support offered will be via the support request forms available in the Website, this include any kind of technical support, updates or modifications of the Website or Services, consultation or advice about the use of Website and Services.
- Payments of the Services
According to the conditions written in the Client Agreement, Devinoso has the right to collect the fees for the Services from the User / Client. We may use various billing service providers to collect the fees from the User. The User, by using the billing provider service to pay our fee, agrees to be subject to and comply with the terms and conditions, privacy policies or any other other rules and conditions provided by the billing provider service and all applicable laws. All the invoice issuing terms and payment conditions are indicated in the Client Agreement. Devinoso shall not be responsible and/or liable of any acts of omissions of billing service providers.
- Rights and Responsibilities of the Users and Visitors
- All the Users / Clients and Visitors of the Devinoso Website and Services agree and acknowledge that Devinoso even if it has the right, is not required to verify, so Devinoso cannot be held responsible for any Visitor or User behaviour, action or inaction related to our Website and/or Services on their compliance with any applicable law.
- When registering to the Website or Services, the User undertakes to provide only true information about his/her real name and company he/she represent including the contact details and to promptly update (if later needed) any information on the Website that becomes irrelevant, outdated, or inapplicable and to not create more than one Account in our system (One account per user allowed only).
- The User agrees that he/she is the only responsible for maintaining the confidentiality of their password and account, if any, and is fully responsible for any and all activities that occur under their password or account. The User agrees that he/she needs to ensure that they log out from their account at the end of each session when accessing the Website or Services. In case of any unauthorized use of their password or account or any other breach of security, the User agrees to immediately notify Us. Devinoso will not be liable for any loss or damage arising from your failure to comply with these obligations.
- User and Visitor acknowledge and agree that Devinoso is not responsible for any damage, material or not experienced by legal or natural persons which could arise directly or indirectly because of a User or Visitor actions while using our Website or Services. Every Visitor and User is himself responsible and must comply with all applicable laws related to his/her use of our Website and Services. In particular, but without limitation, Users and Visitors must: (i) NOT infringe any third-party rights; (ii) NOT use the identities of other companies/individuals; (iii) NOT violate any applicable laws or regulations; (iv) NOT infringe personal non-property rights or property rights of Devinoso and/or any 3rd parties (including intellectual property rights); (v) NOT upload any data that is contrary to any applicable law or contains any viruses or other computer programs or files that may cause damage to Devinoso or User property, impede the User's computer use, the Website or Devinoso Services, or interfere with the normal operation of the Devinoso Website and Services in any way;
- The User acknowledge and agrees that only himself (including his/her employees, collaborators or any authorized person) is responsible for their actions while using our Website and/or Services and his/her compliance with all the applicable laws and NOT use the Website or Services for any unlawful purpose, in a way prohibited by the Terms and Conditions.
- When using the Website or Services the User undertakes to not perform any unlawful transactions, actions, or frauds and to not copy or make any illegal use of the information placed by Devinoso on the Website / Platform or any other Service Provided (The "Services").
- When using the Website or Services the User undertakes to not perform any illegal activity including, but not limiting to, (i) not to use the Site and/or the Software for any illegal, offensive, obscene, or immoral purpose; (ii) not to use any automated means (spider, scraper, robot, crawler, iframe , etc.) or interface not provided by us to access the Website and/or the Services, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via our Website or Services; (iii) cheating software, hacking tool or any other tools to disrupt, obstruct or interfere with the operation of the Website and/or the Services; (iv) not to obtain or attempt to obtain any information from the Website and/or the Services, including contact details such as but not limited to phone numbers, email addresses, social media profiles or other Instant Messenger details of other account holders or Devinoso Services;
- Representations and Warranties of the Users and Visitors
- The User or Visitor represents and warrants that when using our Website or Services he/she is 18 years or older, is fully and exclusively responsible for any use of our Website and Services, and complies with all the obligations described in these Terms and Conditions, our Client Agreement, and any other rules and conditions provided on our Website and all applicable laws.
- The User/Visitor has the right to make payments and represent the legal entity on behalf of which he/she visited or use our Website and Services.
- As specified in the Client Agreement, the User/Visitor shall pay any and all the fees and taxes related to the use of Devinoso Website or Services and understand and agrees that the non-performance of these obligations may result in a Service interruption and obligation to provide the full compensation for any losses incurred by Devinoso.
- The User acknowledges and agrees that she/he (including his/her employees, collaborators or any other authorized person using the Website and/or Services in its behalf) are not entitled to collect or store, or attempt to collect or store, any personal data about third parties without their knowledge and consent and are prohibited from using our Website and Services in violation of any applicable laws and regulations including but not limited to (i) upload in our Website/Platform or Services any information, data or material that is trade libelous, defamatory, obscene or harmful to minors, vulgar, racist, unlawfully threatening or harassing, abusive, promoting hatred, discriminating or displaying prejudice based on ethnic heritage, religion, race, age or sexual orientation or (ii) protected by trademark, copyright, patent, trade secret or any other intellectual property right without authorization or (iii) that violates any law or regulation including without limitation, unfair competition, anti-discrimination, the laws and regulations governing export control, false advertising or (iv) that contains any worms, viruses or any other software intended to damage or alter a computer system or data; (v) upload and process using our Website and Services any material that contains mass mailings or any form of "SPAM".
- Devinoso Rights and Responsibilities
The Visitor/User agrees that Devinoso, in order to protect Users and Visitors from frauds or any other illegal activities, has the right to observe and collect data about the conduct of Users and Visitors.
Devinoso has the right at any time to change in part or entirely, stop or terminate the Website or update, rearrange any posted information as long as such modifications don't affect User's data.
Devinoso is entitled at any time to unilaterally suspend or terminate the transfer to any 3rd party the Website and Services cases in which Devinoso will make reasonable commercial efforts to provide prior notifications.
- Use of the personal data
- Other Legal Provisions
- Website Content All the content included on our Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Devinoso or its content suppliers and protected by international copyright laws and any unauthorized use may violate trademark, copyright, and other laws. The compilation of all the content on this site is the exclusive property of Devinoso or its licensors with copyright authorship for this collection by Devinoso, and protected by international copyright laws. Any use, copying, redistribution, or publication by the Visitor or Client without prior authorization from Devinoso of any part of the Website or the Platform (the "Services) are strictly prohibited. The Website may contain links to 3rd party sites. Devinoso is not responsible for the content of any linked third-party sites and doesn't make any representation regarding the accuracy of the content or any other materials on any 3rd party sites. If you decide to access any linked third-party website, you do so at your own risk.
- Limited Warranty
DEVINOSO DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, E-MAIL SENT, PLATFORM OR INFORMATION (The "Services") WILL OPERATE UNINTERRUPTED, ERROR-FREE, OR THAT THE SERVERS ARE FREE OF VIRUSES, SPYWARE, MALWARE OR OTHER HARMFUL COMPONENTS. FURTHER, DEVINOSO (INCLUDING OUR PROVIDERS AND OTHER OWNER'S LICENSEES) MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE THROUGH THE SOFTWARE/PLATFORM, THE WEBSITE AND/OR ASSOCIATED PRODUCTS. NO ADVICE OR INFORMATION, WHETHER VERBAL OR WRITTEN, GIVEN BY DEVINOSO (INCLUDING PROVIDER AND OTHER OWNER'S LICENSEES) THROUGH THE PLATFORM, THE WEBSITE AND/OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN HEREIN.
The content of our Website, Platform or any other information made available thru the Devinoso Services may typographically errors or inaccuracies. You agree that Devinoso (Including his 3rd party Owner's licensees) makes no representations about the reliability, accuracy, completeness, or timeliness of the Content or about the results to be obtained from using Website or Services. The use of the Devinoso Website, Content or Services is at your own risk. As agreed before in these Terms and Conditions, you acknowledge and Accept that changes are periodically made to the Website and may be made at any time by Devinoso.
- Limitation of Liability DEVINOSO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND SERVICES SUCH AS BUT NOT LIMITED THE PLATFORM AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Limitation on amount of liability
THE AGGREGATE LIABILITY OF OWNER (INCLUDING OTHER OWNER'S LICENSEES) TO YOU FOR ALL CLAIMS ARISING FROM THE WEBSITE AND SERVICES SUCH AS BUT NOT LIMITED TO THE PLATFORM AND THE CONTENT IS LIMITED TO 3 (THREE) MONTHLY FEES FOR THE CHOSEN SUBSCRIPTION PLAN PRECEDING THE DATE OF CLAIM.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
The User/Client/Customer agrees to indemnify, defend and hold harmless Devinoso, including his 3rd party Owner's licensees, its, directors, officers, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Website and the Services or your breach of these Terms and Conditions. Devinoso shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim suit or proceeding.
- User/Client data
All the information and data uploaded by the User or retrieved, processed by the Devinoso Services on behalf of the User shall remain the property of the User. User have the right to copy, download, duplicate, retrieve, any of his data as stored on the Website or in the Devinoso platform ("Services").
- The right to use Users/Clients name and trademark Devinoso has the right to use the User/Client name or trademark (service mark) or the User logo by posting on the Devinoso service and in promotional materials during the term of the Client Agreement and for a period of two (2) years after the termination of the Client.
use of Visitor/User/Client comments, reviews, suggestions
Visitor and/or User acknowledge and agree that any reviews, suggestions, comments, ideas, questions or feedback related to the Website and our Services provided in the form of email or other submissions to the Website, may shared, used or reused by Devinoso to better serve you and that all the proposals, feedbacks and ideas made via our email or other submissions on the Website are not an intellectual property of the User and/or Visitor.
- Applicable Law and Disputes
These Terms and Conditions are governed by the laws of Cyprus, without regard to principles of conflict of laws, will govern this Agreement terms and any dispute of any sort that might arise between you and Devinoso including his 3rd party Owner's licensees, its, directors, officers, employees, agents, or its associates.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. In the event of a legal dispute, it will be resolved according to dispute resolution procedures as provided in the Client Agreement.
In case of any conflict between these Terms and Conditions, Client Agreement and the Data Processing Addendum, the terms of the Data Processing Addendum shall control.
Last edit: September 15, 2021
The Service provider, DEVINOSO LTD with registered address 28 Oktovriou 317-319, Neapolis 3105, Limassol and registration number HE427169 under the laws of CYPRUS
The Client, User of the Devinoso Tracking platform and all the services provided by Us thru the website Devinoso.com (the “Website”) agreed the following:
By signing up (even on behalf of a Company) to use the Devinoso Tracking Platform including any other content or information provided to you as part of our Platform, Website, Software or Services you are entering into a legal agreement with Devinoso LTD (the platform Owner) which may conclude this agreement on its own behalf or can also be represented by Devinoso LTD or other 3rd party entities who have the right to provide our Clients access to the platform via our Website and collect the fees form the Client ("We", "Us", "Devinoso").
You and we should be known collectively as the "Parties" and individually as a "Party".
Devinoso reserves the right to modify the present conditions of this Agreement at any time. The applicable version of this agreement is the one you accepted at the time of your registration for our Services.
The acceptance of this Agreement by the Client is made by clicking on the checkbox “I accept the Client Agreement” on the registration page.
If you do not agree with this Agreement do not sign-up to our Website and do not access our Platform or Services. In case you already signed and access our Platform or Services, please delete your account immediately.
This contract is concluded for an indefinite period from the date of creation of the account, and the obligations of the parties take effect from that date.
- Devinoso: represents the company Devinoso Limited or other 3rd party entities who have the right to provide our clients access to the services via our Website and collect the fees form the Clients ("we,” "us,” "our");
- Website: represents the website located at the address https://www.devinoso.com;
- Terms and Conditions: represents the Terms and Conditions with their appendices and all further and subsequent supplements and amendments located at this page: https://www.devinoso.com/termsofuse
- Agreement: represents the agreement between Devinoso (or other Devinoso licensee) and the User / Client / Customer which grand the User right to access and use our Services through the Website;
- Services: represent all the services we are providing to the clients via our website including access to the client dashboard, affiliate tracking platform and all the upgrades, new features developed, modifications, updates or personal customization developed in whole or partially by us;
- Platform: it's the Devinoso affiliate tracking software/technology provided to our clients, including all the updates, new features, customizations, server installation and maintenance, updates and monitoring developed in whole or partially by us;
- User Account: the account resulted after a user registration on our Website that contains personal/company data including payment info with the purpose to use our Services via the Website;
- Fees: represents the price paid by the Client according to the usage plan chosen on registration and visible in the website pricing page: https://www.devinoso.com/pricing
- Services Description, Pricing, Fees and Payment
- Devinoso, offers a SaaS affiliate tracking solution ("Platform") by registering at the Website www.devinoso.com and paying the Fees ("Fees") according to the usage plan you. You agree that Devinoso has the right to change the fees from the Pricing page at any time, at its sole discretion and you acknowledge that such changes will be available on the Website and all the fees are in EURO, unless otherwise stated;
- Price: In consideration for the Deliverables, the Client shall pay Devinoso the fees as stipulated on the pricing page. The price can also be set by the Provider depending on the needs of the Client (in case the Client asks for Custom development) and the period that the Client pays in advance for the Services. The payment of the services by the Client represents the acceptance by him of the price offered by Devinoso. All stated fees are exclusive of VAT, withholding taxes and/or any other taxes that may be assessed by any jurisdiction. If VAT, withholding taxes or any other taxes are imposed by any jurisdiction on the transactions pursuant to this Agreement, the Client will pay those taxes to ensure that Devinoso receives the full amount invoiced to Client without offset or deduction.
- The duration of the billing period is 1Month / 3 Months / 6 Months or 1 Year on prepaid basis and the payment period is set to NET 5 days. In case you decide to change your subscription plan (Upgrade or Downgrade) you agree that the changes will take effect starting from the next month billing period but not less than 7 days since Devinoso was notified about these changes;
- We offer a 30-day free trial period to all our new clients, but please note that the decision to provide you with a Trial period or NOT is made at our sole discretion;
For any other info about Billing and Refund Policy please refer to this page: https://www.devinoso.com/billing
Devinoso and its associates attempt to be as accurate as possible. However, Devinoso does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a service offered by Devinoso itself is not as described, your sole remedy is to cease using it.
- Grant Of limited Rights
This Client Agreement grants you these limited rights:
- To use our Platform and all the features you paid for according to the plan you choose by accessing it via our Website or a White label installed on your own web domain;
- To gather or upload your data, process, review, analyze, optimize and download the data from the Platform;
- Platform Account and Agreement Termination
- You, as the Client agree to assume the whole responsibility for maintaining confidential your account login details (user and password) and the whole responsibility for all the actions that occur under your account or by using your user and password. If you notice or become aware of any suspicious activity on your account or unauthorized access you agree to notify Us immediately.
- You are considered to start using our Tracking Platform as of the date the Free Trial period has begun (if you received a Free trial period) and you will receive access to the Tracking Platform and to your account until the termination of this Agreement, subject to monthly payments of the Platform Fees. This Agreement will automatically renew on a month-to-month basis until you cancel your subscription from your account settings page, or you provide us with a notice via email or by opening a support ticket in our system at least 30 days before the cancelation date. On the account termination you lose your right to access and use the Platform.
A grace period of 30 days will be granted to the Client after expiration, during which the user data is not deleted. If the Client pays the overdue pro forma invoice during the grace period, full access to the client's Platform will be restored.
- For any breach of this Agreement or any Terms and Conditions of use, Devinoso may end this agreement without any notice with immediate effect;
- In case of account termination for any reason we shall keep: our rights to use and disclose your feedback about our service and Platform and the right to recover from you any amounts you owe us before the service termination.
- DISCLAIMER OF WARRANTIES AND LIMITATION
THIS WEBSITE AND PLATFORM ARE PROVIDED BY DEVINOSO ON AN "AS IS" AND "AS AVAILABLE" BASIS. DEVINOSO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE OR PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DEVINOSO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
DEVINOSO DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, E-MAIL SENT, PLATFORM OR INFORMATION WILL OPERATE UNINTERRUPTED, ERROR-FREE, OR THAT THE SERVERS ARE FREE OF VIRUSES, SPYWARE, MALWARE OR OTHER HARMFUL COMPONENTS. FURTHER, DEVINOSO (INCLUDING OUR PROVIDERS AND OTHER OWNER'S LICENSEES) MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE THROUGH THE SOFTWARE, THE SITE AND/OR ASSOCIATED PRODUCTS. NO ADVICE OR INFORMATION, WHETHER VERBAL OR WRITTEN, GIVEN BY DEVINOSO (INCLUDING PROVIDER AND OTHER OWNER'S LICENSEES) THROUGH THE PLATFORM, THE WEBSITE AND/OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN HEREIN.
DEVINOSO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THE SITE, THE PLATFORM AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF OWNER (INCLUDING PROVIDER AND OTHER OWNER'S LICENSEES) TO YOU FOR ALL CLAIMS ARISING FROM THE SITE, THE PLATFORM AND THE CONTENT IS LIMITED TO 3 (THREE) MONTHLY FEES FOR THE CHOSEN SUBSCRIPTION PLAN. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Tracking Platform and Website USE
- Beside the responsibilities and obligations you agree with upon registration and provided in our Terms and Conditions, You as the Platform Client agree that you shall never try to reverse engineer any part of the Devinoso Platform, reproduce, copy, trade or sell any part of our Website or Platform and that you will use our Website and our Platform for lawful uses only. Any violation of this section will be considered as a breach of this client agreement.
- You agree that Devinoso has the right to make any kind of modifications or updates to the Website and the Tracking Platform at any time in order to provide a better service to you as a Client (for example: Bug fixes, new features release, etc.) and in case of such event cause you a service disruption you agree that you will notify our support team immediately and we shall not be retain responsible for any kind of data or material loss.
- You will have access to our Support service just as provided in our Terms and Conditions or in the package you choose from the pricing page: https://www.devinoso.com/pricing
- You declare that you acknowledge and agree that all the data, material or information uploaded, gained or retrieved by you and processed with the Devinoso Platform on your behalf shall not contain any form of "SPAM", is protected by copyright or any trademark, patent, trade secret or any other intellectual property (without authorization).
- You declare that you acknowledge and agree that all the data, material or information uploaded, gained or retrieved by you and processed with the Devinoso Platform on your behalf is not false advertising, contains any viruses, worms or any other software intended to damage or alter a computer system or data, is not defamatory, unlawfully threatening or harassing, obscene or harmful to minors, abusive, pornographic, trade libelous, vulgar, racist, discriminating or displaying prejudice based on religion, promoting hatred, ethnic heritage, race, sexual orientation or age, or (c) that violates any law or regulation, including without limitation, the laws and regulations governing export control, unfair competition, anti-discrimination;
- As the Platform Client you authorize Devinoso to process, transfer and store the data enabling to identify you and using its own system to check if you are using the Devinoso tracking platform in accordance with this agreement;
- As the Platform Client you authorize Devinoso to transfer your data during any kind of communication between our Website/Platform and any other computer systems of Devinoso and his partners for the purpose to ensure the full functionality of the Platform and the Authorization to use the Website/Platform and protect the Devinoso rights. You acknowledge and agree also that after the effective date of your registration you accepted this agreement and Devinoso or any of its business partners are entitled to process, store and transfer any data in order to identify you for billing purposes or performance of this Agreement;
- Copyright and Ownership
- All content included on our Website and Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Devinoso or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Devinoso or its licensors with copyright authorship for this collection by Devinoso, and protected by international copyright laws. Any use, copying, redistribution or publication by the Client of any part of the Website or the Platform are strictly prohibited.
- The Client does not acquire the ownership on the Platform, the Website or any other material made available by Devinoso through his Website or Platform excluding all the data and information retrieved, uploaded, acquired and processed by the Devinoso Platform on your behalf that shall remain your property and you shall have the right to copy, duplicate, retrieve, download the data or information but without disclosing it to third parties. Any other use of information or materials (except your information) contained in the Platform or Website without the written permission of Devinoso or unauthorized use that may violate any applicable communications regulations and statutes or laws including but without limitation copyright and trademark laws is strictly prohibited and will terminate this Agreement. This Platform Client agreement can be revoked at any time at the sole discretion of Devinoso.
- Applicable Law and Disputes Resolution
- This Platform - Client Agreement is governed by the laws of Cyprus, EU, without regard to principles of conflict of laws, will govern this Agreement terms and any dispute of any sort that might arise between you and Devinoso or its associates.
- Any dispute relating in any way to your visit to Devinoso or to products you purchase through Devinoso shall be solved in max. 30 (thirty) days by negotiation between the Parties before submitting the dispute to any court in Cyprus and you consent to exclusive jurisdiction and venue in such courts except that, to the extent you have in any manner violated or threatened to violate Devinoso intellectual property rights, Devinoso may seek injunctive or other appropriate relief in any state or court in Cyprus, EU;
- Force Majeure
- Neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any obligation under this Agreement when such failure or delay is caused by or results from causes beyond the reasonable control of the affected party, including but not limited to acts of God, explosions, fires, Internet or network failure, telecommunications failure, vandalism, lack of access or breakdown of IT systems, computer hacking or damage to the data or information maintained in these systems, a power supply failure or failure in Devinoso’s systems, administrative or legislative interventions, storms or other natural disasters, national emergencies, riots, insurrections, wars, strikes or other labor difficulties, any act or omission of any other person, entity or any governmental authority; provided, however, that the party so affected shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. Either party shall provide the other party with prompt written notice of any delay or failure to perform that occurs by reason of force majeure. The parties shall mutually seek a resolution of the delay or the failure to perform as noted above.
- If any provision of this Platform – Client Agreement is found as invalid by any court with competent jurisdiction, the invalidity of this Agreement shall not affect the validity of the remaining provisions of the Terms and Conditions of this Agreement. All the provisions of this Agreement shall continue and survive termination, including the terms that relate to limitations and exclusions of Devinoso's restrictions, liability, limitations, intellectual property and reimbursement of any damages. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
- The parties of this Agreement are independent entities, and this agreement will not create any joint venture, partnership, franchise, agency, sales representative or employment relationship between the Parties, so the Client has no authority to accept or make any kind of offers or to represent in any way or make statements on behalf of Devinoso.
- Devinoso shall be entitled to assign this Agreement to any 3rd party, in whole or in part without your consent, cases in which this Client – Platform Agreement shall continue in force, without any changes, with the new entity or person entering into Devinoso's place as the contracting party.
- The Client shall not be entitled to in any way transfer or assign this Client Agreement to a 3rd, in whole or in part, without Devinoso's prior written consent.
- The parties declare that they have negotiated all the terms of this Agreement and they expressly accepted them by signing the contract, any prior agreement between the parties will not produce any legal effects between them.
- Devinoso reserves the right to periodically update and modify the terms of this Agreement. In such cases, we will inform the Client in advance, by posting the modifications on the website 15 days before its entry into force, which is why we ask the Client to periodically check the content of this Agreement.
- Any notification to Devinoso must be sent electronically to the email address firstname.lastname@example.org
The present Agreement is located in this page: https://www.devinoso.com/clientagreement
Annex 1 - processing of personal data by Devinoso according to GDPR
Contract for personal data processing between the Client and Devinoso
By accessing our Website or using our Services, you become subject to this Contract. Your acceptance of the terms of this Contract, in their entirety, shall be effective to you and your employees, if any.
In this annex the terms used will be interpreted in accordance with the GDPR, and where applicable, the terms used will have the definitions stipulated by art. 4 of the GDPR.
- Contract Object
The object of personal data processing is the processing by Devinoso of personal data sent by the Customer in order to provide the services stipulated in the main Customer Agreement but also for customer support services, technical updates or updates on changes in our usage policies.
- Data Collected
- Specific instructions
Under this contract, the Client gives the following specific instructions to the controller:
- To send messages by email on behalf of the Client, for the service of sending notifications or documents by email (if this service is used by the Client);
- To collect and process the information sent by the Client to the Devinoso Servers via the Website or Platform
- Duration of data processing
The duration of the processing of personal data is identical to the duration of the main Client Agreement.
- Nature and purpose of data processing
The nature and purpose of the data processing are those established by the Client under the main Client Agreement, namely the provision of Devinoso services, depending on the usage plan or package of services chosen.
- Third Parties
- For all the future Third Parties that Devinoso may use to process the Client data, Devinoso receives a general authorization to subcontract to any other provider in the EU, EEA or country with an adequate level of protection recognized by a decision of the European Commission, which is necessary for certain parts of the data processing under this contract. an adequate level of security, at least at the level of this contract. This authorization includes the obligation to inform the Client, through a message through the account on the Devinoso Website or by email. The operator has the possibility to object within 2 working days.
- Rights and Obligations of the Client
- The right to receive information from Devinoso or to verify through a mandated auditor whether Devinoso has and implements appropriate technical and organizational measures so that the processing complies with the requirements of the GDPR; the verification will take place on the basis of a prior written notification, sent at least 14 working days before the verification;
- The right to receive assistance from the Controller, in particular to fulfill his obligation to respond to the requests of data subjects regarding the exercise of their rights under the GDPR;
- The right to object to other third parties specified to the article 7.2
- To comply with its obligations under the GDPR as Client with regard to personal data collected or processed by Devinoso, on its behalf.
- Obligation to inform data subjects under the GDPR, including information on the processing of data by Devinoso under this contract
- Obligation to be solely responsible for establishing the legal basis for the processing of personal data covered by this contract
- The obligation to implement appropriate technical and organizational measures under the GDPR, including securing the transfer of data from data subjects to Devinoso;
- The Client understands that from the moment of deleting the data after the end of the provision of services by Devinoso according to the obligations of GDPR and art. 9 of this contract, the data can no longer be recovered, and it is the entire responsibility of the Client to ensure that it has made a complete copy of them.
- In all situations where the Client is the one who has to perform an obligation, such as, for example, informing the data subject about the breach of personal data security, Devinoso cannot be held liable by the Client's inactions within the scope of that obligation.
- Rights and Obligations of Devinoso
- The obligation to inform the Customer within a maximum of 10 days, if, in the opinion of Devinoso, an instruction violates GDPR and / or other legal provision regarding the processing of personal data;
- The obligation to ensure the security of personal data processed on behalf of the Client in accordance with Article 32 of the GDPR and Article 10 of this Annex;
- Obligation to inform the Client without undue delay of a breach of the security of the Client's personal data during the processing performed by Devinoso;
- Obligation to assist the Client with all information necessary for the notification, if any, to the Competent Authority for Data Security Infringement, but without substituting for the Client his obligation to notify;
- Obligation to assist the Client in ensuring compliance with the obligations set out in Articles 32-36 of the GDPR;
- The obligation to assist the Client in solving the requests of the data subjects or to send to the Client any request received from the data subjects, in connection with the personal data that have been collected and processed by Devinoso, within a maximum 5 calendar days from its receipt. This assistance does not apply if the Customer already has in the technical tools provided by Devinoso the possibility to directly solve the request of the data subject (eg the platform Account access - where the Customer already has all the information about what data he collects);
- Obligation not to transmit personal data and / or confidential information, which may be personal data, of which he became aware during the performance of the contract
- The obligation to provide training to authorized personnel to process personal data, regarding the confidentiality of such data;
- The obligation to include confidentiality obligations towards employees and third parties;
- The right to disclose certain personal data by virtue of a legal obligation or other condition provided by law at the request of an authority, public institution or court.
- The right to recruit third parties according to article 7 of this Contract;
- The right to cover the costs generated by ensuring the assistance of the Client, by the Client, in the situations provided by GDPR according to art. 9, if they exceed the monthly cost of the services provided by Devinoso;
- The right to use anonymized statistical information as a result of activities performed as a result of this contract or its entire activity;
- Devinoso cannot establish purposes or means of processing personal data, these being established exclusively by the Client.
Devinoso must comply with appropriate technical and organizational measures to ensure appropriate risk-related security measures in line with good industry practice. In determining the appropriate level of security, Devinoso must take into account the current state of development, implementation costs and the nature, scope, context and purposes of the processing, as well as the risk with varying degrees of probability and seriousness to the rights and freedoms of individuals. and the risks that arise as a result of the processing, in particular those that may lead to, accidentally or illegally, the destruction, loss, alteration, or unauthorized disclosure of personal data transmitted, stored or processed in an otherwise, or to unauthorized access to them.
In this context, Devinoso has established the internal application of the following organizational and technical security measures for the security of personal data, taking into account the type of activity performed:
- implementation of ISO27001 / ISO27017 / ISO27018 security standards
- periodic security audit performed by cybersecurity experts
- limited access to the database for a very small number of employees of Devinoso
- permanent monitoring of access to the database
- encryption of the connection used by the Client to access the service using SSL
- encrypted client passwords
- regular backups
Voluntarily, Devinoso may send summaries of the conclusions of security auditors (after deletion of commercial or confidential information) made periodically to Customers to demonstrate its ongoing activities on this subject.
- Limitation of liability
The Client agrees to exonerate Devinoso from any liability for damages that may arise from:
- non-compliance with the contract due to events that exceed any responsibility of Devinoso;
- compliance with the Client's instructions or non-compliance with the Client's instructions justified in advance by a notification regarding its illegality;
- the lack or vitiation of the consent of the data subjects or of the use of a wrong legal basis by the Client;
- non-compliance with the contract due to some actions of the Client.
- Delimitation of liability
The Customer and Devinoso define their responsibilities for ensuring the protection of personal data (e.g. ensuring the confidentiality or security of processing), depending on the access and effective control exercised over the data, both contractually and technically.
- Entry into force and amendments
This annex enters into force October 28, 2021 and is valid until modified by Devinoso and informing the Clients accordingly. Using the Account, Platform and/or our Services after the Clients informing means their consent to this document.
Billing & Refund Policy
Devinoso is billing its customers a commission of extra sales generated by using our AI optimization technology.
We cannot cancel accounts retroactively. All invoices are due on the 1st of each month. We bill in whole-month increments only, with the exception of your first invoice or for account reactivation. Customers with Contract: Your contract’s terms supersede these policies. Refer to your contract for details.
Each new Devinoso customer is eligible for one account.
Payment is processed when the invoice is generated, and is otherwise due upon receipt. Customers requesting NET payment terms are subject to credit check. We reserve the right to approve or deny any such request at our discretion.
To subscribe to our services, we require a valid credit card that is registered by the payment processor and used to process your monthly invoices. The amounts owed are charged to the card on the payment processor's file unless you request, and we approve, a wire transfer payment method. All Devinoso customers are responsible for any and all fees associated with sending a wire from the originating bank. Devinoso absorbs the portion of the wire transfer fee charged by its bank or any intermediate bank(s) associated with receipt of the wire payment. The amount owed must arrive at our bank in full. The customer is responsible for any debt resulting from currency exchange and understands that any unpaid balance will be carried over to their next invoice.
Cancellation & Refund Policy
All customers who registered for the services online are governed by the online agreement and have the ability to cancel their account at any time. Instructions to do so are in Account, in the Devinoso Dashboard, available upon Login. To prevent future billing on your account, you must complete your cancellation before the first day of the upcoming month. You may also submit a cancellation request to email@example.com Please note that since you may cancel your account at any time, we do not provide refunds. We bill in arrears for your usage and in advance for your monthly membership fee.
This is a digital service. After the registration is complete and validated, the client receives a login and a password to access the service online via our dashboard located at Devinoso.com.
Last edit: September 15, 2021