DevArmor Terms of Service
We are a security company. Your privacy matters to us.
Effective Date: Sep 17, 2024
egal Entity: DevArmor Corp. (“DevArmor,” “we,” “us,” or “our”)
Services: Cloud software and related tools that provide AI assistants for secure and accelerated software development, including real-time feedback, auto-remediation of security vulnerabilities, and collaborative software compliance management (collectively, the “Services”).
By accessing or using the Services, you agree to these Terms of Service (the “Terms”). If you are entering into these Terms on behalf of an entity, you represent that you have authority to bind that entity. If you do not agree, do not use the Services.
1) Accounts & Eligibility
You must be at least 18 and capable of forming a binding contract.
You are responsible for your account credentials, activity, and the accuracy of registration information.
You must promptly notify us of unauthorized use or security incidents involving your account.
2) Subscriptions, Trials & Beta
Access is provided as a subscription or as otherwise stated in an order form or online signup.
Trials and beta features may be provided “as is” and may be modified or discontinued at any time.
Certain functionality may be labeled Beta, Preview, or Experimental and is not subject to uptime/SLAs.
3) Acceptable Use
You (and your users) will not:
Violate laws, export controls, or sanctions; probe/scan/attack networks; or interfere with Service integrity.
Upload malicious code or content that is unlawful, infringing, harmful, or invasive of privacy.
Use the Services to create or distribute malware, exploit zero-days, or generate code for illegal activities.
Attempt to train, fine-tune, or extract DevArmor models beyond the Service’s intended interfaces.
Misrepresent outputs as human-generated when disclosure is legally required.
Engage in crypto-asset or token issuance or distribution using the Services unless you have all necessary approvals under your corporate governance and all applicable law. (Note: DevArmor’s current financing documents include investor protective provisions related to creating or distributing tokens; customers remain solely responsible for their own compliance.)
4) Your Content; Data Use; Privacy
“Customer Content” means code, data, prompts, documents, and materials you submit to the Services, and outputs generated for you from such inputs.
You retain all rights in Customer Content, subject to the limited rights granted here.
You grant DevArmor a non-exclusive license to host, process, display, and transmit Customer Content as necessary to provide and improve the Services (including quality, safety, and security), and to generate outputs for you.
We do not claim ownership of your repositories or IP.
We may collect usage telemetry (e.g., feature usage, performance metrics) to operate and improve the Services.
Our privacy practices are described in the DevArmor Privacy Notice (incorporated by reference).
5) AI Outputs & Your Responsibilities
The Services may generate suggestions, code snippets, security findings, and compliance recommendations (“Outputs”). You are responsible for evaluating Outputs, testing, and determining their suitability for your use cases (including through code review, security testing, and compliance validation).
Use of Outputs must comply with third-party licenses and your policies.
Do not rely on Outputs as legal, security, or compliance advice.
6) Security; Customer Environment
DevArmor implements administrative, technical, and organizational measures designed to protect the Services.
You are responsible for securing your environments (e.g., repos, CI/CD, secrets, credentials) and for configuring least-privilege access.
7) Open Source & Third-Party Components
The Services may include or interact with third-party or open-source software. To the extent required, third-party terms or OSS licenses will govern those components.
8) IP Ownership; Feedback
DevArmor and its licensors retain all rights in the Services, models, and underlying technology.
If you provide ideas or suggestions (“Feedback”), you grant DevArmor a perpetual, irrevocable, royalty-free license to use the Feedback for any purpose without restriction or attribution.
9) Confidentiality
Each party may access the other’s non-public information. The receiving party will use such information only to exercise its rights and perform its obligations under these Terms, and will protect it using reasonable measures.
10) Export; Government Use; Regulated Data
You represent that you are not restricted under applicable sanctions or export laws.
The Services are “commercial computer software” under FAR/DFARS; U.S. Government use is subject to restricted rights.
No PHI/PCI or similarly regulated data should be submitted unless expressly agreed in writing.
11) Term; Suspension; Termination
These Terms remain in effect while you access the Services.
We may suspend or terminate access for breach, security risk, non-payment (if applicable), or legal compliance.
Upon termination, your right to use the Services ceases, but Sections intended to survive will continue (e.g., 4–5, 8–16).
12) Warranties & Disclaimers
THE SERVICES AND ALL OUTPUTS ARE PROVIDED “AS IS.” DEVARMOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. You may have other rights that vary by jurisdiction.
13) Indemnification by You
You will defend and indemnify DevArmor against claims arising from (a) your Customer Content or your use of the Services in violation of these Terms or law; (b) your products or services; or (c) disputes among your users.
14) Limitation of Liability
Indirect Damages Excluded. Neither party is liable for indirect, special, incidental, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business interruption.
Cap. Except for your payment obligations (if any), breach of AUP/Confidentiality, or IP infringement/indemnity obligations, each party’s aggregate liability under these Terms is limited to the amounts paid or payable by you to DevArmor for the Services giving rise to the claim in the 12 months preceding the event (or $100 if you use a free tier).
These limitations apply to the maximum extent permitted by law.
15) Dispute Resolution; Governing Law; Venue
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules. For any action arising out of or relating to these Terms or the Services, the exclusive venue shall be the State or Federal courts located in Delaware (including the Court of Chancery where applicable), and each party consents to such courts’ personal jurisdiction and waives any objection to venue or forum non conveniens.
(Note: DevArmor’s internal corporate documents include Delaware forum selection for internal corporate claims; this TOS adopts Delaware law/venue for customer disputes.)
Jury Trial Waiver. Each party waives any right to a jury trial in any proceeding arising out of or related to these Terms, to the extent permitted by law.
16) Changes to the Services or Terms
We may modify the Services and update these Terms from time to time. Material changes will be posted or otherwise communicated. If you continue using the Services after changes become effective, you accept the updated Terms.
17) Order of Precedence
If you have a separately signed master services agreement or order form with DevArmor, that agreement controls to the extent of any direct conflict with these Terms.
18) Notices
Notices to DevArmor must be sent to:
DevArmor Corp., Attn: 2261 Market Street STE 86646
San Francisco, CA 94114, with a copy to support@devarmor.com
Notices to you may be sent to your account email or address on file.
19) Miscellaneous
Neither party may assign these Terms without the other’s consent, except to an affiliate or in connection with a change of control, provided the assignee assumes all obligations.
The parties are independent contractors. No agency, partnership, or joint venture is created.
If any provision is unenforceable, the remainder remains in effect.
Failure to enforce a provision is not a waiver.
Force majeure: neither party is liable for delays/failures due to causes beyond reasonable control.