Legal
Terms of use
These terms are an agreement between you and DevTune Solutions Inc., a British Columbia company (“DevTune”, “we”, “us”). They apply when you use devtune.com, our web applications or our mobile apps (together, the “Services”). By creating an account or using the Services, you agree to these terms. If you don’t agree, don’t use the Services.
An app may show you additional terms, such as pricing or plan details, before you use or buy something. Those terms are part of this agreement. Our privacy policy explains how we handle personal information.
Your rights under consumer protection law. Nothing in these terms limits any right you have under the consumer protection laws of the province, state or country where you live that can’t be waived or limited by contract. If a term conflicts with those laws, the law applies instead.
Who can use the Services
You must be at least 13 years old. If you are under the age of majority where you live, a parent or guardian must agree to these terms on your behalf and supervise your use. An app may set a higher minimum age. If you use the Services for an organization, you confirm you have authority to accept these terms for it.
Your account
- Give accurate information when you sign up and keep it up to date.
- Keep your sign-in details secure and don’t share your account. Tell us promptly through thecontact form if you think someone has used your account without permission.
- You’re responsible for activity on your account, except activity caused by our own fault.
Acceptable use
When you use the Services, you agree not to:
- break any law, or infringe anyone’s rights, including privacy and intellectual property rights;
- upload content that is unlawful, harmful, threatening, harassing, defamatory or obscene;
- upload malware or anything designed to damage, overload or interfere with the Services;
- access or try to access accounts, systems or data you aren’t authorized to access, or get around any security or usage limit;
- copy, modify, reverse-engineer or decompile the Services, except where the law allows it despite this restriction;
- use bots, scrapers or other automated means to access the Services, except through features we provide;
- resell, sublicense or rent the Services, or use them to build a competing product;
- impersonate anyone, or misrepresent your connection with anyone.
Our licence to you
While you follow these terms, we give you a personal, non-exclusive, non-transferable and revocable licence to use the Services for their intended purpose. The Services, including their software, design, names and logos, are owned by DevTune or its licensors and are protected by law. We keep all rights not expressly given to you in these terms.
Your content
You keep ownership of the content you create or upload (“your content”). You give us a non-exclusive, worldwide, royalty-free licence to host, store, copy, process and display your content only as needed to provide, secure and improve the Services for you. This licence ends when your content is deleted, except for copies kept as described in our privacy policy.
You’re responsible for your content and confirm you have the rights needed to share it. We don’t monitor content, but we may remove content or restrict access to it if we reasonably believe it breaks these terms or the law.
If you send us ideas or feedback, we may use them without any obligation to you. This doesn’t affect your right to post honest reviews of the Services anywhere.
Purchases and subscriptions
- Before you buy, the app shows you the plan, the full price (taxes may be added), the currency, how often you’ll be billed, whether the plan renews automatically, and how to cancel. After you buy, we or the app store send you a confirmation you can keep.
- Purchases in the App Store or Google Play are billed by Apple or Google under their terms. You manage, cancel and request refunds for those subscriptions in your Apple or Google account settings.
- Purchases on the web are billed by our payment processor. You can cancel in your account settings at any time.
- Renewals: subscriptions renew automatically at the end of each billing period until you cancel. When you cancel, you keep access until the end of the period you’ve paid for. Where the law requires it, we send a reminder before a subscription renews.
- Refunds: except where these terms or the law say otherwise, payments aren’t refundable for partial periods or unused features. If we end your paid subscription without cause, we refund the unused part.
- Price changes: we give you at least 30 days’ notice by email before a price change applies to your subscription. A new price applies only from your next billing period, and you can cancel before it applies.
- Free trials convert to a paid subscription at the end of the trial unless you cancel before it ends. The app tells you the trial length and the price before it starts.
Third-party services
The Services may link to or work with services we don’t control, such as app stores, payment processors or sign-in providers. Your use of those services is governed by their own terms and privacy policies, and we aren’t responsible for them.
Changes to the Services
We improve the Services over time and may add, change or remove features. We may offer early or beta features, which may be less reliable and may change or end at any time. If we stop offering a paid Service, or remove a feature that is a material part of what you paid for, we give you reasonable notice and refund any prepaid amount for the period after it ends.
Closing your account, suspension and termination
You can close your account at any time in the app’s account settings or on the web application, or follow the steps on Delete your account. Uninstalling a mobile app doesn’t close your account. When you close your account, we delete your data as described in ourprivacy policy.
We may suspend or close your account if you seriously or repeatedly break these terms, if we must do so by law, or if your use creates a risk to the Services, other users or us. Where it’s reasonable and lawful, we tell you first and give you a chance to fix the problem or export your content.
Sections of these terms that by their nature should continue after your account is closed, such as ownership, disclaimers, limitation of liability and governing law, continue to apply.
Disclaimer of warranties
Residents of Quebec: this section applies to you only to the extent Quebec law allows, including the Consumer Protection Act and the Civil Code of Québec.
We work to keep the Services reliable and secure. However, to the maximum extent permitted by applicable law, the Services are provided “as is” and “as available”, and we make no warranties or conditions, express or implied, including about merchantability, quality, fitness for a particular purpose, non-infringement, or that the Services will be uninterrupted, error-free or free of harmful components. You’re responsible for keeping your own copies of content that is important to you. This section doesn’t exclude any warranty or condition that the law where you live doesn’t allow to be excluded.
Limitation of liability
Residents of Quebec: this section applies to you only to the extent Quebec law allows, including the Consumer Protection Act and the Civil Code of Québec.
To the maximum extent permitted by applicable law:
- DevTune, its directors, officers, employees and contractors aren’t liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising from or related to the Services or these terms, even if we were told such damages were possible.
- Our total liability for all claims arising from or related to the Services or these terms is limited to the greater of (a) the amount you paid us for the Services in the 12 months before the event that gave rise to the claim, and (b) CAD $100.
- We aren’t liable for any delay or failure caused by events beyond our reasonable control, such as natural disasters, power, internet or hosting provider outages, cyberattacks, labour disputes or government action.
These limits don’t apply to liability that can’t be limited or excluded by law, including liability for death or personal injury caused by our negligence, fraud, gross negligence or wilful misconduct.
Your responsibility for claims
Residents of Quebec: this section applies to you only to the extent Quebec law allows.
To the extent permitted by applicable law, you agree to compensate DevTune for reasonable losses and costs, including reasonable legal fees, that result from a third-party claim caused by your content, your breach of these terms or your violation of the law or of someone else’s rights. This doesn’t apply to the extent a claim is caused by our own fault.
Mobile apps
Our mobile apps are licensed, not sold, to you. If you download an app from the Apple App Store, Apple’s Licensed Application End User License Agreement also applies to your use of the app. For apps downloaded from the App Store:
- These terms are between you and DevTune, not Apple. DevTune, not Apple, is solely responsible for the app and its content.
- Your licence lets you use the app on Apple devices you own or control, as permitted by the App Store usage rules, including through Family Sharing.
- Apple has no obligation to provide maintenance or support for the app.
- If the app fails to meet a warranty that applies to it, you may notify Apple, and Apple will refund the purchase price, if any, for the app. To the maximum extent permitted by law, Apple has no other warranty obligation for the app.
- DevTune, not Apple, is responsible for handling any claims about the app, including product liability claims, claims that the app fails to meet legal or regulatory requirements, consumer protection or privacy claims, and claims that the app infringes someone’s intellectual property rights.
- You confirm you aren’t located in a country subject to a Canadian or U.S. government embargo, and aren’t on a Canadian or U.S. government list of restricted parties.
- You must follow any third-party terms that apply when you use the app, such as your mobile carrier’s.
- Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you as they relate to the app.
Questions or claims about an app can be sent to us through the contact form.
Changes to these terms
We may update these terms to reflect changes to the Services, our business, or the law, or to improve clarity, security or protection against misuse. We may update the sections on fees, plans, features, acceptable use, and how we provide the Services. A change can’t increase your obligations or reduce ours under the sections on cancellation and refunds without your agreement.
- For a material change, we email you at least 30 days, and no more than 60 days, before it takes effect. The notice includes the new wording, explains the change in plain language, and gives the date it takes effect.
- If you don’t agree to a change, you can close your account before or, where the law gives you that right, after it takes effect, without any cancellation fee, and we refund any prepaid amount for the period after you close it.
- Changes that don’t reduce your rights, such as new features or corrections, take effect when we post them. The effective date at the top always shows the current version.
Governing law and disputes
Residents of Quebec: you may bring a claim in the courts of Quebec, and Quebec’s mandatory consumer protection rules continue to apply to you.
These terms are governed by the laws of British Columbia and the federal laws of Canada that apply there. This choice of law doesn’t take away any protection given to you by the mandatory laws of the place where you live. If you have a concern, contact us first through the contact form, and we’ll try to resolve it informally. Either of us may bring a claim in the courts of British Columbia, and you may also bring a claim in the courts where you live, including a small claims court or tribunal. Nothing in these terms requires you to use arbitration or prevents you from taking part in a class action.
General
- Entire agreement: these terms, the additional terms an app shows you, and our privacy policy are the whole agreement between you and us about the Services.
- Severability: if a court finds part of these terms unenforceable, that part applies to the maximum extent allowed and the rest stays in effect.
- No waiver: if we don’t enforce a term right away, we can still enforce it later.
- Assignment: you may not transfer this agreement without our written consent. We may transfer it as part of a merger, acquisition or sale of all or part of our business, as long as your rights under these terms aren’t reduced.
- Notices: we send notices to the email address on your account or show them in the app. You can send notices to us through the contact form.
- Export and sanctions: you agree not to use or export the Services in breach of Canadian, U.S. or other applicable export control or sanctions laws.
- Language: these terms are written in English. If we provide a translation and there’s a difference, the English version applies, except where the law requires otherwise.
Contact
Questions about these terms? Use our contact form.