DevMagic offers multiple websites (“DevMagic Websites”) for you ("You") and other interested parties ("Users") to engage in a variety of activities related to products and services provided by DevMagic, including but not limited to information research, online purchasing, obtaining technical support, sharing ideas and technical know-how, and voting on prospective features. The DevMagic Websites include information created by DevMagic (“DevMagic Content”) and third parties (“User Content”), such as text, images, video, source code, and software (collectively “Content”).

These license terms are an agreement between you and DevMagic for Use of the Program. The terms also apply to any DevMagic services or Updates for the Program, except to the extent those have different terms.

1. ACCEPTANCE OF TERMS

Your access to and use of the DevMagic Websites and Content is conditioned on your acceptance of and governed by these Terms of Use (“TOU”) and any additional terms and conditions or disclaimers that may apply to Your use of or access to any particular DevMagic Website or Content (“Additional Legal Terms”). By accessing or using DevMagic Websites and Content, You agree to be bound by the terms of this TOU.

WE MAY REVISE THIS TOU FROM TIME TO TIME WITHOUT NOTICE TO YOU. THE MOST CURRENT VERSION CAN BE FOUND BY CLICKING ON THE ‘TERMS OF USE’ LINK AT THE BOTTOM OF EACH WEB PAGE ON DEVMAGIC WEBSITES. CHANGES TO THE TOU WILL NOT APPLY RETROACTIVELY. BY CONTINUING TO ACCESS OR USE THE DEVMAGIC WEBSITES AFTER THOSE REVISIONS BECOME EFFECTIVE, YOU AGREE TO BE BOUND BY THE REVISED TOU.

2. USER CONTENT

By posting, uploading, or submitting any User Content, including but not limited to article, information, image, video, source code, suggestion, feedback, idea, on DevMagic Websites, You grant, and You represent and warrant that you have a right to grant, to DevMagic a worldwide, non-exclusive, perpetual, irrevocable, fully-paid up and royalty free license (with the right to sublicense) to use, reproduce, modify, prepare derivative works, translate, publish, distribute, such User Content without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. Nothing in this TOU shall prohibit or restrict DevMagic’s right to create or obtain User Content similar to or competitive with the User Content that You have submitted.

DevMagic has the sole right to decide what User Content to post or publish to DevMagic Websites or media or other distribution methods, and to withdraw any posted or published User Content for any reason and without notice to You. DevMagic may continue to use User Content after any termination of your account or Your access to DevMagic Websites.

3. USE OF THE DEVMAGIC WEBSITES AND CONTENT

Subject to the terms and conditions of this TOU, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the DevMagic Websites and Content. DevMagic reserves all rights not expressly granted herein in the DevMagic Websites and DevMagic Content (as defined below). DevMagic may terminate this license at any time for any reason or no reason.

All right, title, and interest in and to the DevMagic Websites and DevMagic Content are and will remain the exclusive property of DevMagic and its licensors, and User Content belongs to the individual or entity that submitted it. The DevMagic Websites and Content is protected by copyright, trademark, and other laws of the United States and foreign countries. Nothing in this Agreement gives you a right to use the DevMagic name or any DevMagic trademarks, logos, domain names, or other distinctive brand features, or those of any DevMagic licensor.

You must NOT do any of the following while accessing or using the DevMagic Websites:

  • violate any applicable laws and regulations of the U.S. and any laws and regulations of a non-U.S. jurisdiction applicable to You;
  • post any User Content in violation of any applicable law (including intellectual property laws and right of privacy or publicity laws) or any contractual or other legal obligation (including confidentiality agreements);
  • post any User Content that is defaming, abusive, threatening, hateful, or that you know to be untrue, misleading, or deceptive;
  • publish or link to any malicious content, including but not limited to software viruses, Trojan horses, worms, or any other software designed to damage or disrupt any computer hardware, software, or property;
  • impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any User Content;
  • f. perform any unsolicited or unauthorized advertising, including publishing or linking to promotional materials and surveys, collecting personal information of other Users, linking to commercial websites, or any other form of solicitation;
  • access or tamper with(or attempt to do so) non-public areas of the DevMagic Websites or the servers or networks which support the DevMagic Websites; or
  • interfere with or disrupt (or attempt to do so) the servers or networks which support the DevMagic Websites, or disobey any policies or regulations of networks connected to the DevMagic Websites.

YOU AGREE THE DEVMAGIC CONTENT AND USER CONTENT MAY ONLY BE USED FOR INFORMATIONAL NON-COMMERCIAL PURPOSES AND WILL NOT BE POSTED, PUBLISHED, OR DISTRIBUTED IN ANY MANNER OR MEDIA. DEVMAGIC MAY, FOR ANY REASON OR NO REASON AND WITHOUT PRIOR NOTICE, CHANGE THE DEVMAGIC WEBSITES OR CONTENT, OR STOP PROVIDING OR LIMIT ACCESS TO THE DEVMAGIC WEBSITES OR CONTENT TO YOU OR TO USERS IN GENERAL.

4.COPYRIGHT POLICY

If you believe that your work has been copied in a way that constitutes copyright infringement, please notify DevMagic's Copyright Agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA).

For your complaint to be valid under the DMCA, you must provide the following information in writing:

  • a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright owner;
  • identification of the copyrighted work that you claim has been infringed, or if multiple works are covered by a single notification, a representative list of such works;
  • identification of the material that is claimed to be infringing and where it is located on the DevMagic Websites;
  • your address, telephone number, and e-mail address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law; and
  • a statement by you, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

DevMagic’s Copyright Agent to receive notifications of claimed infringement can be reached as follows:

Appeon Inc.
Attention: Legal Department
425 1st Street, Unit 1507
​San Francisco, CA 94105, USA
Email: legal@devmagic.com

5. TERMINATION

DevMagic may, for any or no reason and without prior notice, terminate the TOU or your access or use of the DevMagic Websites and Content. In the event DevMagic terminates the TOU or your access or use of the DevMagic Websites and Content due to your material breach of the TOU then termination of the TOU shall be in addition to any other remedies DevMagic may have at law or in equity. DevMagic shall not be liable to You or any third party for any such termination.

If You wish to terminate Your account, you may do so by submitting Your request via email to marketing@devmagic.com  Please note that in the event that you elect to terminate Your account, DevMagic has the right to continue to post and publish on the DevMagic Websites User Content that you have posted and personally identifying information associated with such User Content.

6. REGISTRATION

You may be required to register with DevMagic before You can use some DevMagic Websites or portions thereof. Registration will require you to provide certain information, which includes personally-identifiable information, such as your name and email address (“Registration Data”). You agree that DevMagic may use Registration Data to identify You on the DevMagic Websites and communicate with You regarding Your activities on the DevMagic Websites, including any notices required by law, in lieu of communication by postal mail.

You may be required to register with DevMagic before You can use some DevMagic Websites or portions thereof. Registration will require you to provide certain information, which includes personally-identifiable information, such as your name and email address (“Registration Data”). You agree that DevMagic may use Registration Data to identify You on the DevMagic Websites and communicate with You regarding Your activities on the DevMagic Websites, including any notices required by law, in lieu of communication by postal mail.

You agree the Registration Data You provide shall be complete, true, and current information, and to promptly update Your Registration Data whenever any changes. You may, at any time and for any reason, request DevMagic to assist You with updating Your Registration Data.

YOU ARE SOLELY REPONSIBLE FOR THE SECURITY OF THE PASSWORD YOU USE TO ACCESS THE DEVMAGIC WEBSITES AND FOR ANY ACTIVITIES THAT OCCUR UNDER YOUR USERNAME AND PASSWORD. YOU AGREE TO NOT SHARE YOUR PASSWORD WITH OTHERS OR USE THE ACCOUNT OF ANOTHER USER AT ANYTIME. DEVMAGIC SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE REQUIREMENTS.

7. THIRD PARTY CONTENT AND LINKS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THIRD-PARTY CONTENT AND LINKS SHALL BE AT YOUR OWN RISK. DevMagic does not warrant the accuracy, fitness for particular use, non-infringement of intellectual property rights, or usefulness of any Content provided by third parties on DevMagic Websites or the contents of any external websites linked from DevMagic Websites. DevMagic shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any software, content, goods or services available on or through any such linked websites. DevMagic does not control and/or review the linked websites and the information provided by third parties.

8. USE OF DEVMAGIC AND THIRD-PARTY SOFTWARE

Your access and use of any software or related documentation, including developer tools and sample code, (collectively "Software") is governed by the software license agreement ("License Agreement") that accompany such Software. By using or installing any Software You agree to the terms of the License Agreement accompanying such Software. In the event that Software provided through an DevMagic Website is not accompanied by a License Agreement: the Software may be used solely for your personal, informational, non-commercial purposes and may not be redistributed.

9. INDEMNITY

You agree to defend, indemnify and hold harmless DevMagic and its licensees and licensors, and its officers and directors, employees, contractors, agents, and partners from and against any claims or demands, including reasonable attorney’s fees, made by any third party due to or arising from Your usage of an DevMagic Website, including any data or User Content transmitted or received by You, Your breach of this TOU (including any additional legal terms), or any other party’s access or use of the DevMagic Websites with your username and password.

10. EXCLUSION OF WARRANTIES

YOUR USE OF THE DEVMAGIC WEBSITES AND CONTENT SHALL BE AT YOUR OWN RISK. You understand and agree that the DevMagic Websites and Content are being provided to You “AS IS”. Without limiting the foregoing, DevMagic and its partners disclaim any warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement. DevMagic does not guarantee or warrant the completeness, accuracy availability, security, reliability, or quality of DevMagic Websites. No advice or information, whether oral or written, obtained from DevMagic or through DevMagic Websites, will create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties so the limitations above may not apply to You.

11. LIMITATION OF LIABILITY

DEVMAGIC WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM, LOSSES, OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF THE USE OR RELIANCE ON DEVMAGIC WEBSITES AND DEVMAGIC CONTENT AND USER CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEVMAGIC AND ITS LICENSORS, OFFICERS AND DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS WILL NOT BE LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF DEVMAGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE AN DEVMAGIC WEBSITE, DEVMAGIC SOFTWARE, DEVMAGIC CONTENT, OR USER CONTENT; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON AN DEVMAGIC WEBSITE; (iii) UNAUTHORIZED ACCESS TO, USE OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO AN DEVMAGIC WEBSITE, DEVMAGIC CONTENT, OR USER CONTENT. Some jurisdictions do not allow the limitation of liability for consequential or incidental damages, so the limitations above may not apply to You.

12. EXPORT CONTROL

The Software and Content provided on and through a DevMagic Website may be deemed in some cases to be controlled technology and subject to the export control restrictions of the United States and other jurisdictions. As such, U.S. and international laws and regulations may govern the import, export, and use of such Software and Content.

YOU AGREE THAT YOUR USE OF THE DEVMAGIC WEBSITE AND ANY SOFTWARE OR CONTENT PROVIDED ON OR THROUGH AN DEVMAGIC WEBSITE WILL BE IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES AND THE COUNTRY FROM WHICH YOU ARE ACCESSING THE DEVMAGIC WEBSITE.

13. GENERAL TERMS

This TOU and any action related thereto will be governed by the laws of the State of California, U.S.A. without giving effect to any principles of conflicts of law provisions. All claims, legal proceedings or litigation arising in connection with the DevMagic Website will be brought solely in San Francisco County, California, U.S.A. and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

The TOU represents the entire and exclusive agreement between DevMagic and You in respect of its subject matter and supersedes any prior agreements between DevMagic and You relating to its subject matter. IF DEVMAGIC PROVIDES YOU WITH A TRANSLATION OF THE ENGLISH LANGUAGE VERSION OF THE TOU, THE ENGLISH LANGUAGE VERSION OF THE TOU WILL BE THE VERSION USED WHEN INTERPERTING OR CONSTRUING THESE TERMS.

You agree that DevMagic may provide notices to you by email, regular mail, or through posting on the DevMagic Websites, as determined by DevMagic in our sole discretion. You may provide us with legal notices by regular mail at the postal address set forth below:

Appeon Inc.
Attention: Legal Department
425 1st Street, Unit 1507
San Francisco, CA 94105, USA

You may not assign or otherwise transfer your rights and obligations under the TOU, in whole or in part, without DevMagic’s written consent and any such attempt will be void. DevMagic may transfer our rights under these terms to a third party.

The failure of DevMagic to exercise or enforce any right or provision of this TOU shall not be deemed a waiver of such right or provision. In the event that any provision of this TOU is found to be invalid or unenforceable, such provision shall be modified in such a manner so as to make this TOU valid and enforceable under applicable laws and the remaining provisions of this TOU shall remain in full force and effect.

Revised and posted as of October 10, 2022