Welcome to DevOps Crowd! DevOps Crowd Inc. ("DevOps Crowd," "we," "us," or "our") manages and operates the website located at www.devopscrowd.com (the "Website") along with the services available through this platform (collectively, the "Services"). These Terms of Service ("Terms") outline the rules and conditions governing your access to and use of our Services. Any new products, features, or tools that we add to our current Services will also be subject to these Terms. Together with our Privacy Policy and any other terms, guidelines, or policies referenced herein, these Terms form a legally binding agreement between you ("User") and DevOps Crowd (the "User Agreement").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE OR SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICES.

IF YOU ARE USING THE SERVICES ON BEHALF OF A COMPANY OR ORGANIZATION, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS.

Important Note for Minors: Our Services are not intended for children. You must be at least the age of majority in your jurisdiction to use our Services.

Changes to Terms: DevOps Crowd reserves the right to update or modify these Terms at any time. If significant changes are made, we will notify you by email (if we have your contact information) or by posting a notice on our Website. Changes will become effective seven (7) days after they are posted. If you do not agree to the updated Terms, you should stop using the Services and cancel your account.

1. About Our Services

DevOps Crowd provides comprehensive "Done For You" services for Shopify merchants, including custom app development, headless commerce solutions, and SaaS projects. We also develop our own Shopify apps, each governed by its own terms and privacy policies. Our services are structured on a per-project subscription basis, which includes several stages: Build, Evolution, Run, and Retire.

Build: This stage involves the initial development of the custom app or solution. Our team collaborates with you to gather requirements, design, and build the product.

Evolution: After the initial build, the project enters the evolution stage where we enhance, add features, and improve the product based on user feedback and evolving needs.

Run: In this stage, we provide ongoing support and maintenance to ensure the product operates smoothly and efficiently. This includes bug fixes, performance monitoring, and updates.

Retire: When a project reaches the end of its lifecycle, we assist with the retirement process. This includes decommissioning the product, migrating data, and ensuring a smooth transition.

Each project requires a subscription plan selected by the client. The subscription fee is charged upfront on a bi-weekly basis. Payment must be received before commencing the project. Subscription details and features are available within the DevOps Crowd Portal, where clients can access the pricing page once a project is created. Subscriptions automatically renew unless canceled before the next billing cycle.

Privacy Policy: DevOps Crowd complies with applicable laws governing the protection of personal information provided to us or collected by us in connection with the use of our services. You agree to be bound by our Privacy Policy, and your submission of any personal information through the services shall be deemed consent to use such information in the manner set out in the Privacy Policy.

Protection of Customer Data: DevOps Crowd will maintain appropriate administrative, physical, and technical safeguards in accordance with industry standards designed to protect the security, confidentiality, and integrity of the data we process on your behalf through the services ("Customer Data"). These safeguards will include measures designed to prevent unauthorized access to or disclosure of Customer Data (other than by the Customer or Users). The terms of the Data Processing Addendum ("DPA") are hereby incorporated by reference and shall apply to the extent Customer Data includes Personal Data, as defined in the DPA.

2. Registration and Communications

2.1 Account Creation

You may visit the Website without registering for an account, but to use certain aspects of the Services, you must register for an account (a "DevOps Crowd User Account") through the Website, by connecting an approved third-party account, or any other method indicated by DevOps Crowd for sign up. By creating and using a DevOps Crowd User Account, you agree to: (a) provide accurate, current, and complete information as prompted by any registration forms on the Website ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data and any other information you provide to DevOps Crowd to keep it accurate, current, and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to DevOps Crowd if you do not comply with the foregoing requirements. You shall not use as a User ID or project name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is otherwise offensive, vulgar, or obscene.

2.2 Security

You are responsible for all activity on your DevOps Crowd User Account and for all charges incurred by your DevOps Crowd User Account. You must immediately notify us in writing of any unauthorized use of your account or other known account-related security breaches. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel User IDs in our sole discretion.

2.3 Communications Generally

Notices that we give you (other than notices of amendments to the User Agreement, which are discussed in the introduction of these Terms) may be provided in various ways, depending on the circumstances. For example, we may email you at the email address you provide in your Registration Data. Alternatively, we may post a notice to Users in the dashboard area of your User Account on the Website or elsewhere on the Website. It is your responsibility to periodically review the Website for notices, including updates to the User Agreement.

2.4 Electronic Delivery, Notice Policy, and Your Consent

By using the Services, you consent to receive from DevOps Crowd all electronic communications, including notices, agreements, legally required disclosures, or other information in connection with the Services. DevOps Crowd may provide such notices by posting them on the Website. If you wish to withdraw your consent to receive such communications, you must discontinue use of the Services.

3. Subscriptions

Our services operate on a per-project subscription basis. When you subscribe to a plan, it covers a specific project from the Build stage through to the Retire stage. Subscription details and features are available only in the DevOps Crowd Portal. Once a project is created, you can access the pricing page to subscribe. Subscriptions automatically renew unless canceled before the next billing cycle.

Cancellation Policy: To cancel a subscription, you must notify us at least 15 days before the next sprint, as we reserve resources each sprint. Cancellation requests made less than 15 days before the next sprint will not be processed.

You must select a subscription plan that aligns with your project requirements. Once a plan is chosen, we begin the project after receiving the upfront bi-weekly payment.

4. Fees & Payment Terms

4.1 Subscriptions

For paid subscriptions, fees will be displayed within the DevOps Crowd Portal once a project has been created. Subscriptions are billed in advance on a recurring bi-weekly basis (“Billing Cycle”). The subscription fees cover the specific project stages from Build through to Retire, as described in our services overview.

4.1.a Auto-Renewals

At the end of each Billing Cycle, your subscription will automatically renew under the same conditions unless you cancel it or DevOps Crowd cancels it. You may cancel your subscription renewal either through your online account management page or by contacting our customer support team at support@devopscrowd.com.

4.1.b Credit Cards; Automatic Billing

If you wish to purchase any product or service made available through the Services, including paying for a subscription (collectively “Purchases”), you will be required to supply certain information relevant to your Purchase, including, without limitation, your credit card number, the expiration date of your credit card, and your billing address (“Billing Information”). By submitting such payment information, you automatically authorize DevOps Crowd to charge all subscription fees incurred through your account to any such payment instruments. We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, errors in your order, or if fraud or an unauthorized or illegal transaction is suspected.

4.2 Fee Changes

DevOps Crowd, in its sole discretion and at any time, may update and change the applicable subscription fees or introduce fees for previously free products or services. Any fee change will become effective at the end of the current Billing Cycle, allowing you time to terminate your subscription prior to new pricing taking effect. If you choose to terminate your DevOps Crowd account after notification of any new or additional fees, you must do so before the end of the current Billing Cycle. Your continued use of the Services after the fee change constitutes your agreement to pay the modified or new fee amount.

4.3 Payment Processors

DevOps Crowd may use one or more third-party payment processors to process transactions (“Payment Processor”). You authorize your Billing Information to be provided to any Payment Processor. You acknowledge and agree that the terms of service of the Payment Processor will govern your agreement and interactions with the Payment Processor and that our Terms and policies do not govern. You should review the applicable terms and policies of the Payment Processor, including its privacy and data gathering practices.

4.4 Taxes

All fees are exclusive of all federal, state, provincial, goods, services, value-added, municipal, or other taxes, which Users agree to pay based on their location.

4.5 Project Ideas and Development

By engaging our services, you acknowledge and agree that any ideas, concepts, or suggestions shared with DevOps Crowd may be similar to ideas, concepts, or suggestions that we are already developing or may develop in the future. DevOps Crowd reserves the right to develop, market, and use any software, including those that may be similar or identical to the ideas, concepts, or suggestions discussed with you. You acknowledge that you will not have any intellectual property rights or claims against DevOps Crowd for any such developments.

4.6 Public Apps and Competition

DevOps Crowd focuses on developing private and custom apps for Shopify merchants. We do not engage in developing public apps for the Shopify store on behalf of clients who may become direct competitors. If a project involves creating a SaaS application, DevOps Crowd requires a share in the ownership of the developed software. This ownership structure ensures that both parties have a vested interest in the success of the SaaS application. The specific terms of ownership will be outlined in a separate agreement.

5. Intellectual Property

5.1 Ownership

In these Terms, the content available through the Website and other Services, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content.” As between DevOps Crowd and you, DevOps Crowd or its licensors own and reserve all right, title, and interest in and to the Services and all software, Content, app designs, app templates, reusable codes, codes, and other items used to provide the Services, other than the rights explicitly granted to you to use the Services in accordance with these Terms. No title to or ownership of any proprietary rights related to the Services or any Content contained therein is transferred to you pursuant to these Terms. All rights not expressly granted to you are reserved by DevOps Crowd. The Services, as well as all Content and software available on or through the Services or used to create and/or operate the Services, are the property of DevOps Crowd or its licensors and are protected by Canadian and international copyright and other intellectual property laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of DevOps Crowd Inc. All other trademarks, product names, and company names or logos mentioned on the Website are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by DevOps Crowd.

5.2 Code, Templates, and App Designs

DevOps Crowd uses proprietary code, templates, and app designs to provide efficient and high-quality software services. These elements are the intellectual property of DevOps Crowd and are protected under applicable copyright and intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the code, templates, and app designs provided as part of our services solely for your private use. You are not authorized to distribute, sell, or otherwise exploit these elements without the prior written consent of DevOps Crowd.

5.3 Feedback

We welcome your suggestions, comments, and feedback, including notifications of errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Services (collectively “Feedback”). Feedback helps us to make improvements to the Services and provide better customer support. If you provide us with Feedback, you agree that: (a) we are not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information belonging to you or any third party and you have all of the necessary rights to disclose the Feedback to us; (c) DevOps Crowd and its affiliated companies (including all of their successors and assigns) may freely use Feedback without any restrictions; and (d) you are not entitled to receive any compensation or reimbursement of any kind in respect to Feedback.

6. User Conduct

You may use the Services only for lawful purposes and in accordance with the User Agreement. You agree not to use the Services:

• In any way that violates any applicable national or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” any commercial or other message to any third party without consent or any other similar solicitation.
• To impersonate or attempt to impersonate a DevOps Crowd employee, another user, or any other person or entity.
• In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may expose DevOps Crowd to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair them or interfere with any other party’s use of the Services.
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Services.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Services are stored, or any server, computer, or database connected to the Services.
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Services.

6.1 Content Restrictions

You agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Services any of the following:

• Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable.
• Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
• Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party.
• Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity.
• Unsolicited promotions, political campaigning, advertising, or solicitations.
• Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers, unless that third party has expressly consented to such use.
• Viruses, corrupted data, or other harmful, disruptive, or destructive files.
• Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted.
• Content that, in the sole judgment of DevOps Crowd, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Services, or which may expose DevOps Crowd or its affiliates or its other users to any harm or liability of any type.

7. Copyright Policy

7.1 Respect for Intellectual Property

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights of any person or entity.

7.2 User Responsibilities

Users agree that they will not abuse their usage of the Services to reproduce, post, distribute, sell, or modify any copyrighted material, trademarks, or intellectual property belonging to third parties without obtaining prior written consent of the owner for such rights. We reserve the right, in our sole discretion, to remove any and all Content posted by any User for any reason as we see fit. We reserve the right and ability to terminate the access of any User who infringes upon the intellectual property rights of third parties upon receiving notification by the owner of the rights.

7.3 Copyright Infringement Claims

If you wish to make a claim of copyright infringement, you must:

• Provide us with notification by sending the following information via email, in English, to the following address using the format that follows: Attn: DevOps Crowd Copyright Infringement Notification at legal@devopscrowd.com.
• Include a statement telling us that you have found Content on our Website or through our Services which you believe infringes your copyright (for example, "I believe that the content identified below infringes my copyright").
• Tell us which country your copyright applies to.
• Tell us the title of the Content concerned and the full URL for its page (if applicable).
• Explain to us in what way that Content infringes your copyright (e.g. the text is copied; the entire content is a copy of an original work made by you, etc.).
• Identify the type (and details of (e.g. title, publisher, dates, etc.)) of the copyright work which you own the rights to, and which you believe has been infringed. If this information is available on the internet, it is helpful to send us a link.
• Provide contact information so that we can get in touch with you (email address is preferred).
• Provide contact information which we can pass on to the submitter of the Content concerned, so that they can get in touch with you to resolve your complaint directly (email address is preferred).
• Include the following statement: "I have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. I swear that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use."
• Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted.

Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing Content. Ensure that you are certain that the Content you have seen on the Site infringes your copyright, as there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.

8. Data Retention

DevOps Crowd retains your personal information only for as long as is necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements. The retention period for personal information depends on the type of data and the purposes for which we collected it.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data, and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances, we may anonymize your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

You have the right to access, correct, delete, or restrict the processing of your personal information. You can exercise these rights by contacting us at privacy@devopscrowd.com.

9. Additional Information, Requests, and Questions

For questions or additional information regarding this Privacy Policy or our privacy practices, please contact our Data Protection Officer at privacy@devopscrowd.com.

10. No Responsibility for Third-Party Services, Websites, or Content

As a service to Users, the Services may contain links to third-party websites ("Third-Party Websites"), third-party content ("Third-Party Content"), and may provide third-party services ("Third-Party Services"). This includes those of our payment processors and other payment intermediaries that you may use in connection with your use of the Services. Your use of Third-Party Websites, Third-Party Content, and Third-Party Services (collectively, "Third-Party Materials") is at your own risk. DevOps Crowd does not endorse, and is not responsible or liable for, any Third-Party Materials, including their accuracy, reliability, or completeness. Accessing and using Third-Party Materials is governed by the terms and conditions of the respective third parties, and we encourage you to review these terms before interacting with such third parties.

11. Warranty Disclaimer

11.1 DevOps Crowd Warranty

DevOps Crowd warrants that during the term: (i) it will not materially decrease the overall functionality of the Services; (ii) the Services will be performed in accordance with the requirements of these Terms; and (iii) the Services will perform materially in accordance with the applicable description of the Service provided to you. Your sole remedy for breach of this section is for DevOps Crowd to correct or re-perform any defective Service at no additional cost to you.

11.2 General Disclaimer

THE SERVICES, INCLUDING DEVOPS CROWD PRODUCTS, THIRD-PARTY MATERIALS, AND ALL CONTENT, ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. DEVOPS CROWD EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DEVOPS CROWD DOES NOT REPRESENT, WARRANT, OR PROVIDE ANY CONDITIONS THAT THE SERVICES, INCLUDING ANY TECHNOLOGY OR CONTENT MADE AVAILABLE THROUGH THE SERVICES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

11.3 Service Availability

The Services may be unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, User Content. We are not responsible for any problems or technical malfunction, including, without limitation, any problem or malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or persons, traffic congestion on the Internet, or at any website (including those in the Services) or combination thereof. Furthermore, DevOps Crowd shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond DevOps Crowd’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

11.4 Limitation of Liability for Bugs

Bugs are an inherent part of software development, and while we strive to provide error-free software, DevOps Crowd does not warrant that the Services will be uninterrupted or free from bugs. If a bug in the Services results in lost sales or other damages, DevOps Crowd is not liable for such losses. Various factors, including actions by our customer (you), can contribute to the presence of bugs. Users agree that they will not hold DevOps Crowd responsible for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of, or inability to use, the Services, even if DevOps Crowd has been advised of the possibility of such damages.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Applicable Law and Venue

You and DevOps Crowd explicitly agree that all disputes, claims, or other matters arising from or relating to your use of the Services will be governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Except where prohibited by applicable law, any claim, dispute, or controversy (whether in contract or tort, including negligence, pursuant to statute or regulation, or otherwise, and whether pre-existing, present, or future) involving DevOps Crowd and arising out of or relating to the User Agreement or the Services (each, a “Claim”), will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against DevOps Crowd related to any Claim and, where applicable, you also agree to opt out of any class proceedings against DevOps Crowd. If you have a Claim, you should give written notice to us via email at legal@devopscrowd.com. If we have a Claim, we will give notice of our Agreement to arbitrate to your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Quebec.

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in the Province of Quebec. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

14. Termination

14.1 Termination by DevOps Crowd

DevOps Crowd reserves the right, at its sole discretion and without prior notice, to terminate your access to the Services, or any portion thereof, for any reason, including, but not limited to, breach of these Terms, non-payment of fees, or any unauthorized use of the Services. This termination may include blocking your future access to and use of the Services.

14.2 Termination by You

You may terminate your account by providing written notice to support@devopscrowd.com at least fifteen (15) days before the next billing cycle. This notice period allows us to manage resource allocation and project planning effectively. Upon receipt of your termination request, we will revoke your access to the Services, and you will remain responsible for any fees due up to the end of the current billing cycle.

14.3 Effect of Termination

Upon termination of your account, you must immediately cease all use of the Services. DevOps Crowd will delete or disable your account and all associated data, except as required to be retained by law or for legitimate business purposes. You may request a copy of your data within thirty (30) days of termination, which will be provided in a standard file format. For more complex data migrations, please contact support@devopscrowd.com. Such services will be provided on a time and materials basis as professional services. All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Miscellaneous

These terms constitute the entire agreement between you and DevOps Crowd. Any failure to enforce a provision is not a waiver of future enforcement rights. If any part of these terms is found to be unenforceable, the remaining provisions will remain in effect.

16. Contact Information

If you have any questions or concerns about these terms, please contact us at legal@devopscrowd.com. For support or account inquiries, email support@devopscrowd.com.