1. Agreement to Terms

1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and DevSmart Solutions, ([we, us]), concerning your access to and use of the DevSmart Solutions website (http://devsmartsolutions.com) as well as any related applications (the Site). The Site provides the following services: Web Design, Web & App Development(software engineering/Development), Web & App Maintenance(software engineering/Maintenance), White Label Web Design, White Label Web & App Development(software engineering/Development), API Development & Intergration, Custom Unbounce Scripting, Ecommerce Web Development. You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services, and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.

1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.

1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date, and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.

1.4 We may update or change the Site from time to time to reflect changes to our products, our users’ needs, and/or our business priorities.

1.5 Our site is accessible to individuals around the globe. However, the information provided on the Site may not be applicable or suitable for use in certain jurisdictions or countries where such use would be contrary to local laws or regulations. It is the responsibility of the user to ensure compliance with their local laws when using our Site.

1.6 The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.

1.7 Additional policies which also apply to your use of the Site include: Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate. Our Cookie Policy, which sets out information about the cookies on the Site.

2. Acceptable Use

2.1 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

2.2 As a user of this Site, you agree not to:

• Systematically retrieve data or other content from the Site to compile a database or directory without written permission from us.
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses.
• Use a buying agent or purchasing agent to make purchases on the Site.
• Use the Site to advertise or sell goods and services.

3. Our Content

3.1 Unless otherwise indicated, the Site and Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content), are owned or licensed to us and are protected by copyright and trademark laws.

3.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services, or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

3.3 Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

3.4 You shall not (a) try to gain unauthorized access to the Site or any networks, servers, or computer systems connected to the Site; and/or (b) make, for any purpose including error correction, any modifications, adaptations, additions, or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.

3.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry-standard virus detection software to try to block the uploading of content to the Site that contains viruses.

3.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.

3.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties, or guarantees, whether express or implied, that Our Content on is accurate, complete, or up to date.

4. Site Management

4.1 We reserve the right at our sole discretion to:

• Monitor the Site for breaches of these Terms and Conditions.
• Take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions.
• Remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems.
• Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.

4.2 We do not guarantee that the Site will be secure or free from bugs or viruses.

4.3 You are responsible for configuring your information technology, computer programs, and platform to access the Site, and you should use your virus protection software.

5. Modifications to and availability of the Site

5.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

5.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.

5.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

6. Disclaimer/Limitation of Liability

6.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk, except as expressly set out in these Terms and Conditions, all warranties, terms, conditions, and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof, including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose, and non-infringement are excluded to the fullest extent permitted by applicable law.

We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content; (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.

6.2 Our responsibility for loss or damage suffered by you:

Whether you are a consumer or a business user:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation.
• If we fail to comply with these Terms and Conditions, we will be responsible for the loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that was not foreseeable at the time you started using the Site/Services.
• Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of £5000 or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any cause of action arising.

If you are a business user:

• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• Use of, or inability to use, our Site/Services; or
• Use of or reliance on any content displayed on our Site.
• In particular, we will not be liable for:
• Loss of profits, sales, business, or revenue;
• Business interruption;
• Loss of anticipated savings;
• Loss of business opportunity, goodwill, or reputation; or
• Any indirect or consequential loss or damage.