Terms and Conditions

1. Definitions

In these Terms and Conditions:

• "Platform" refers to the Devlog.ist website and all related services.
• "User", "you" or "your" refers to any individual or entity using the Platform.
• "We", "us" or "our" refers to Devlog.ist and its operators.
• "Content" refers to any data, information, text, images, code, or other materials uploaded, generated, or stored within the Platform.
• "Service" refers to all features and functionalities offered by the Platform.

2. Acceptance of Terms

By creating an account or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy. If you do not agree with any of these terms, you must not use the Platform.

3. User Account

To access certain features of the Platform, you must create an account. You are responsible for:

• Providing accurate and complete registration information.
• Maintaining the security of your login credentials.
• All activities that occur under your account.
• Notifying us immediately of any unauthorized use of your account.

4. Use of Data and Content

This is an important section. Please read carefully.

4.1 License Grant

This section applies exclusively to users on the Free plan and the Monthly subscription plan. By using the Platform and entering or generating Content within it, you grant Devlog.ist a worldwide, non-exclusive, royalty-free, transferable license to use, process, store, reproduce, modify, create derivative works from, distribute, display, and otherwise exploit such Content for the purpose of operating, developing, and improving the Platform and our services.

4.2 Scope of Data Usage

We may use all data entered into or generated within the Platform, including but not limited to:

• Profile information and user preferences.
• Projects, portfolios, and content you create.
• Activity data and usage patterns.
• Data obtained through integrations (such as GitHub).
• Analytics and derived metrics.
• Communications and interactions within the Platform.

4.3 Purposes of Data Usage

Your data may be used for:

• Providing and maintaining the Service.
• Improving and developing new features.
• Personalizing your experience.
• Conducting analytics and research.
• Training machine learning and artificial intelligence models.
• Creating aggregate and anonymized statistics.
• Marketing purposes (with anonymized or aggregated data).

4.4 Data Retention

Your data will be retained for as long as your account remains active. We may also retain certain data after account deletion for legal compliance purposes or to protect our legitimate interests, in accordance with applicable laws.

5. Account Deletion and Data Removal

You have the right to delete your account at any time. Upon account deletion:

• Your personal data will be deleted in accordance with our Privacy Policy and applicable data protection regulations.
• Content you have created may be deleted or anonymized.
• Anonymized or aggregated data derived from your usage may be retained.
• Certain data may be retained where required by law or for legitimate business purposes.

To delete your account, access your profile settings or contact us at the email address provided below. Deletion will be processed within a reasonable timeframe in accordance with applicable regulations.

6. Intellectual Property

6.1 Our Rights

The Platform, including its design, code, trademarks, and all underlying technology, is owned by Devlog.ist and is protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Platform.

6.2 Your Rights

You retain ownership of the original content you create. However, by using the Platform, you grant us the license described in Section 4.

7. Prohibited Uses

You agree not to:

• Use the Platform for any illegal purpose.
• Upload content that infringes third-party rights.
• Interfere with the operation of the Platform.
• Attempt to access other users' accounts.
• Transmit malicious code or viruses.
• Scrape or extract data from the Platform without authorization.
• Abuse, harass, or harm other users.
• Upload confidential code, trade secrets, or proprietary information belonging to third parties.
• Share content that violates non-disclosure agreements (NDAs) or confidentiality obligations.
• Upload code or materials that belong to your employer or clients without explicit authorization.
• Produce, upload, distribute, or share pornographic, sexually explicit, or obscene content through the Platform.
• Use the Platform for the production, distribution, or promotion of any content that is illegal under applicable law, including but not limited to content related to child exploitation, terrorism, hate speech, or incitement to violence.

8. User Responsibility for Content

This is an important section about your responsibility.

You acknowledge and agree that you are solely responsible for all content that you publish, distribute, or make public through the Platform. Devlog.ist acts solely as an automated channel that facilitates content generation and publication, but assumes no responsibility for the content you publish.

• You are solely responsible for all content you publish through the Platform, including but not limited to posts, articles, code, images, and any other materials.
• Devlog.ist is solely an automated channel that facilitates content generation and publication. The Platform does not create, edit, modify, or approve the content you publish.
• You are responsible for ensuring that all content you publish complies with all applicable laws, regulations, and terms of service, including but not limited to copyright, trademark, privacy, and defamation laws.
• You agree to assume all legal, financial, and other consequences that may arise from the content you publish through the Platform.

9. Limitation of Liability

To the maximum extent permitted by law:

○ The Platform is provided "as is" without warranties of any kind.
○ We are not liable for any indirect, incidental, consequential, or punitive damages.
○ We are not responsible for loss of data, profits, or business opportunities.
○ Our total liability shall not exceed the amount you have paid us in the last 12 months.

10. AI Services and Token Limits

All plans include access to AI features with certain limitations.

10.1 Token Limits

All plans, including paid plans, are subject to a monthly token usage limit. Both input tokens (data sent to the AI model) and output tokens (content generated by the AI model) are counted toward this limit. Token limits reset at the beginning of each calendar month. The specific limits vary by plan: Free plans have a lower limit, Pro plans (Monthly and Annual) have a standard limit, and Lifetime plans have the highest limit. The tenant administrator may be granted a custom token limit override by Devlog.ist at its discretion.

10.3 Service Availability

The availability of AI features depends on the continued operation of free AI models from third-party providers. We do not guarantee uninterrupted availability of AI services, as they are subject to changes in third-party provider policies and availability.

10.4 Our Commitment

Our mission is to always provide free AI models to our users. We are committed to seeking and integrating alternatives if current free AI models become unavailable, ensuring you can continue to benefit from AI-powered features.

11. Content Disclaimer

Important notice regarding user-generated content.

Devlog.ist does not guarantee that content created or uploaded by users is legitimate, legal, or does not infringe third-party rights. You acknowledge and agree that:

• We do not review, verify, or validate the legality or legitimacy of user-generated content before or after publication.
• Devlog.ist is not responsible for any damages, claims, or legal actions arising from content uploaded or published by users.
• Any use or reliance on content found on the Platform is at your own risk.
• If you believe content infringes your rights, please contact us at the email provided below.

12. Indemnification

This is a critical section about your obligations to protect Devlog.ist.

12.1 Your Representations and Warranties

By using the Platform, you represent and warrant that:

• You have all necessary rights, licenses, and permissions to upload, publish, and share any content you submit to the Platform.
• Your content does not violate any applicable laws, regulations, or third-party rights, including intellectual property rights, privacy rights, or contractual obligations.
• If you upload code or materials related to your employment or clients, you have obtained explicit written authorization to do so.
• All information you provide is accurate and not misleading.

12.2 Indemnification Obligation

You agree to indemnify, defend, and hold harmless Devlog.ist, its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and legal costs) arising from or related to:

• Any content you upload, publish, or distribute through the Platform.
• Your violation of these Terms and Conditions or any applicable law or regulation.
• Any third-party claims alleging that your content infringes intellectual property rights, violates privacy or publicity rights, or breaches confidentiality obligations.
• Your use or misuse of the Platform.
• Any disputes between you and third parties related to content you have published.

12.3 Exoneration of Devlog.ist

You expressly acknowledge and agree that Devlog.ist shall bear no responsibility whatsoever for any claims, damages, or legal actions initiated by third parties (including but not limited to employers, clients, rights holders, or any other entities) arising from content you have uploaded, published, or shared through the Platform. You assume full and exclusive responsibility for any consequences resulting from your use of the Platform and the content you provide.

13. Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective upon posting on the Platform. Continued use of the Service after changes constitutes acceptance of the modified Terms. We will notify you of significant changes via email or through the Platform.

14. Termination

We may suspend or terminate your access to the Platform at any time, with or without cause, with or without notice. Upon termination, provisions that by their nature should survive will remain in effect, including data usage rights, liability limitations, and indemnification.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the French Republic, without regard to conflict of law principles. Any disputes shall be subject to the exclusive jurisdiction of the courts located in Paris, France.

16. Dispute Resolution

Before initiating any legal proceedings, you agree to follow the dispute resolution process outlined below.

16.1 Informal Negotiation

For any dispute arising from these Terms or your use of the Platform, you agree to first attempt to resolve the dispute informally by contacting us at the email address provided below. We will attempt to resolve the dispute within thirty (30) days of receiving your notice.

16.2 Binding Arbitration

If the dispute cannot be resolved through informal negotiation, you agree that the dispute shall be finally resolved by binding arbitration administered by the International Chamber of Commerce (ICC) in accordance with its arbitration rules. The arbitration shall be conducted in English and shall take place in Paris, France. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

16.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You expressly waive any right to participate in class action lawsuits or class-wide arbitration against Devlog.ist.

16.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights or other proprietary rights.

17. International Users

The Platform is operated internationally. If you access the Platform from outside our primary jurisdiction, you are responsible for compliance with local laws. We comply with applicable international data protection regulations, including GDPR for users in the European Union and similar laws in other jurisdictions.

18. Contact Information

For questions about these Terms and Conditions, please contact us at:

Email: gerardo@devlog.ist