Terms of Use

Legal Information & Notices

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use ("Terms of Use") apply to the Develom LLC website located at www.develom.com, as well as all associated sites linked to www.develom.com by Develom LLC, its subsidiaries, and affiliates, including Develom LLC sites around the world (collectively referred to as the "Site"). The Site is the property of Develom LLC ("Develom") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Develom LLC reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Develom LLC grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement of such Content, contained on the Site is owned, controlled, or licensed by or to Develom LLC, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including "mirroring") to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without Develom LLC's express prior written consent.

You may use information on Develom LLC's Generative AI products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Develom LLC for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

Your Use of the Site

Unauthorized Activities

You may not use any automated means like "deep-linking," "page-scraping," "robots," "spiders," or similar devices, programs, or methodologies to access, acquire, copy, or monitor portions of the Site or its Content. These actions are prohibited unless specifically enabled by us. Develom LLC reserves the right to block such activities.

Security

Unauthorized access to any part of the Site, connected networks, or systems is strictly forbidden. This includes any attempts to breach security through hacking, password mining, or other illegitimate methods. Testing or probing the vulnerability of the Site or associated networks is not permitted.

User Data and Privacy

You are prohibited from tracing or attempting to trace any data of other users or visitors of the Site. Exploiting the Site to reveal any information other than your own is strictly forbidden.

Infrastructure Integrity

Actions that impose an unreasonably large load on our Site or associated infrastructure are not allowed. This includes any means that interfere with the Site's proper functioning or with any transactions conducted therein.

Interference

Using any device, software, or routine to interfere with the proper working of the Site is prohibited. This includes interfering with another individual’s use of the Site.

Identity and Misrepresentation

Forging headers or manipulating identifiers to disguise the origin of any message or transmittal you send through the Site is strictly prohibited. Impersonation of individuals or entities is not allowed.

Unlawful Usage

You may not use the Site or its Content for unlawful purposes or activities that infringe on the rights of Develom LLC or others. Soliciting performance of any illegal activity is also prohibited.

Violation of any of these terms may result in immediate termination of your access to the Site and could subject you to legal penalties. These guidelines ensure that our platform remains secure, functional, and beneficial to all our users.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of Generative AI products or services and to specific portions or features of the Site, including webinars, promotions, or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable, representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Develom LLC's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Develom LLC may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Develom LLC makes no commitment to update the materials on the Site with respect to such products and services.

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Accounts, Passwords, and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up a Develom ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Develom LLC immediately of any unauthorized use of your account or password, or any other breach of security.

You may be held liable for losses incurred by Develom LLC or any other user of or visitor to the Site due to someone else using your Develom ID, password, or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Develom ID, password, or account at any time without the express permission and consent of the holder of that Develom ID, password, or account. Develom LLC cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Develom LLC's Privacy Policy applies to the use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Develom LLC’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (e.g., sensitive AI model data or credit card information) is encrypted.

Links to Other Sites and to the Develom Site

This Site may contain links to other independent third-party websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Develom LLC’s control, and Develom LLC is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

DEVELOM LLC DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. DEVELOM LLC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION, OR DESTRUCTIVE FEATURES. DEVELOM LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. DEVELOM LLC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY DEVELOM SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST DEVELOM LLC FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.

Develom LLC reserves the right to do any of the following, at any time, without notice:

1. To modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason;

2. To modify or change the Site, or any portion of the Site, and any applicable policies or terms;

3. To interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Develom LLC be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Develom LLC has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Develom LLC is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Develom LLC’s liability shall in no event exceed the greater of:

1. The total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Develom LLC.

2. US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Develom LLC, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against Develom LLC by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Develom LLC may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with Develom LLC’s rights or property, or the rights or property of visitors to or users of the Site.

Develom LLC reserves the right at all times to disclose any information that Develom LLC deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Develom LLC may also disclose your information when it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Develom LLC may preserve any transmittal or communication by you with Develom LLC through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or if Develom LLC determines that such preservation or disclosure is reasonably necessary to:

1. Comply with legal process

2. Enforce these Terms of Use

3. Respond to claims that any such data violates the rights of others

4. Protect the rights, property, or personal safety of Develom LLC, its employees, users of or visitors to the Site, and the public

You agree that Develom LLC may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if it determines that you have violated these Terms of Use or other agreements or guidelines associated with your use of the Site. These remedies are in addition to any other remedies Develom LLC may have at law or in equity.

You agree that Develom LLC may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to):

1. Requests by law enforcement or other government agencies

2. A request by you (self-initiated account deletions)

3. Discontinuance or material modification of the Site or any service offered on or through the Site

4. Unexpected technical issues or problems

If Develom LLC takes any legal action against you as a result of your violation of these Terms of Use, Develom LLC will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Develom LLC. You agree that Develom LLC will not be liable to you or any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You consent to personal jurisdiction and venue in the state and federal courts in Riverside County, California, and waive any objection to such jurisdiction or venue. Exceptions apply for EU-based consumers, who may file claims in their resident countries.

Claims under these Terms of Use must be filed within one (1) year or be forever barred. This limitation does not apply to terms and conditions of purchased goods and services. Damages are limited to out-of-pocket expenses, but prevailing parties are entitled to costs and attorneys' fees. For any arising disputes, parties should aim for prompt and good-faith resolution, failing which, mediation may be sought.

Void Where Prohibited

Develom LLC administers the www.develom.com site from Cathedral City, California, USA, but access is global. Not all features, products, or services are globally available or appropriate for use outside the United States. We reserve the right to limit provision to specific geographic areas, and any such offer is void where prohibited. Compliance with local laws is your responsibility.

Miscellaneous

You may not export any content, product, or service in violation of applicable laws and regulations. If any provision of these Terms of Use is voided by a competent jurisdiction, it will be replaced with a valid provision that best reflects the intent of these Terms. These Terms supersede all previous oral or written agreements concerning Site use. We do not accept counter-offers to these Terms.

Our failure to enforce any provision shall not be a waiver. These Terms grant no third-party beneficiary rights.

Feedback and Information

Your feedback is non-confidential and may be used freely by Develom LLC.

The information on this website is subject to change without notice.

These terms constitute an exhaustive legal framework for site users, accommodating the complex needs and international reach of Develom LLC's services in the Artificial Intelligence industry.

Written by Develom LLC's Legal Team, updated as of August 14, 2024.