Terms of Service

These Terms of Use include the following provisions and conditions as well as any other documents expressly integrated herein (collectively, the “Terms of Use”)..” For the purposes of this document, “you” and “your” means you and your employees, agents, contractors, and any other person or entity who accepts the terms with whom you are accepting the DevaJust Inc. Сompany if you live in the United States of America, Canada or Mexico or DevaJust Europe based in the Netherlands if you live in any other country. “Sotiotech”, “we”, “us” and “our” bear, as appropriate, the context especially when it comes to the provisions of the terms and conditions concerning the Sotiotech Website defined herein.

IMPORTANT: 

THESE TERMS OF USE ARE A BINDING AGREEMENT BETWEEN YOU AND US, PROVIDED YOU AFFIRM YOUR COMMITMENT THERETO. YOU AGREE TO THESE TERMS OF USE WITHOUT ANY RESERVATION BY, 1. VISITING OR USING THE PORTAL, 2. INDICATING YOUR AWARENESS AND ACCEPTING THE CONTENTS OF THE CHECKED BOX WARNING THIS IS A LEGALLY BINDING TERM OR ANY APPROXIMATION THUS, INSERTING THE TERMS OF USE OR OFFERING A PARTIAL E-SIGNATURE OF THESE TERMS OR ANY OTHER VARIOUS SUCH AS A FILLING OUT OF BLANKS, ETC., OR 3. KAVZETING OR ATTEMPTING TO KAVZET ANY OR THE ENTITLEMENT VESTED IN YOU BY THESE TERMS OF USE. THE PERSON WHO ENTERS INTO THIS EXTERNAL USER AGREEMENT ON BEHALF OF AN ENTITY, MI LEACH STATES THAT HE/SHE IS CAPABLE OF BINDING THE ENTITY AND DEDICATING FUNDS FOR IT. PLEASE DO NOT ACCESS THIS WEBSITE IF YOU ARE NOT IN AGREEMENT WITH THE SAID TERMS AND CONDITIONS OF USE.

The term “Website” means any of the public internet sites operated for and on behalf of Sotiotech Group and other affiliated entities, including, but not limited to, the sites available at www.sotiotech.com; academy.sotiotech.com; sotioacademy.com; as well as their respective sub-sites within the global network. For this Agreement “website” does not include the Sotiotech Products (defined hereafter) accessed at any domain of Sotiotech Products.

Website has also the ability to host many types of content, some of which may include user areas, message boards, newsletters, tutorials, rating systems, reviews, and other similar social activities (all of which shall be referred to as the ‘Community Services’); data, applications, texts, photographs, graphics, audio videos, and other forms of user access and interaction with the Website, including the look, shape and coordinates of those elements, but excluding anything offered in an obvious and effective manner under a license from a third party (all these are titled ‘Website Content’).

We might amend and revise these Terms of Service from time to time in our sole discretion. It is advisable to check this page periodically to be aware of any changes we are making because they are expected of you. All substantial changes are only effective in the future. Changes to the dispute resolution processes described in the section headed Governing Law and Jurisdiction will not apply to conflicts for which the parties have actual notice as of the day the change was posted on the Website. Your continued use of the Website following the posting of the updated Terms of Use indicates that you accept and agree to the changes. When you accept the updated Terms of Use, we will automatically cancel any licenses or other rights provided to you under the previous version.

Personal information or data collected about you by this Website is processed by our Privacy Statement.

Access

We retain the right, at our sole discretion, to discontinue or modify the Website, including any of its content, in whole or in part, and without notice. We will not be liable for any inability to access the Website whether at any time or whether for a specific, or for any amount of time. From time to time, we may restrict access to some sections of the website to registered users and/or a specific group of users. You are solely responsible for obtaining any such access to the Website to the fullest extent possible.

Code of Conduct

You concur to adhere to the following code of conduct regarding the use of this Website:

• Have manners. One should respect and treat others in a manner in which they would want to be treated.

• Remember the audience. Posts should not upset, annoy, threaten, harass, abuse or embarrass other members of the website.

• User Contributions may not include material that is disparaging, pornographic, vulgar, insulting, aggressive, crude, provoking, damaging, espousing hatred, or otherwise unacceptable.

• Robust and friendly exchanges are always welcome, in any good society. It is permissible to dispute certain facts but not permissible to carry out disputes on personal grounds or concerning personal views.

• Do not use text formats such as all caps or bold that may be read as annoying, rude or send a strong message.

• Avoid using abbreviations or terminology that others may not understand. An abbreviation may mean something to you but in another context or country, it may have another meaning.

• Be accountable for your actions by correcting your mistakes and indicating where you have changed a previous post of yours.

Prohibited Uses

You shall not access or make any use of the Website:

• In a way that is contrary to any applicable laws or regulations at any level, including without limitation any threats of an illegal nature, soliciting or assisting in the commission of crimes, export control, and trade sanctions.

• In a way which infringes upon the legal rights of any legal or natural person, even if such legal rights about you or any other user shall be enforceable only if in combination with these Terms of Use and the Privacy Statement, such as the right to privacy or publicity as well as any rights related to patents, copyrights, trademarks, trade secrets or other intellectual property or otherwise with the provisions of these Terms of Use and the Privacy Statement.

• to send or otherwise make available any offensive material, including but not limited to enabling access to materials containing profanities, violence, sexual activities, pornography, as well as other forms of bias based on people’s race, gender, religion, nationality, disabilities, sexual orientation or age.

• To surveil or solicit (i) access to a non-owner account or computer, (ii) data, information, or communication on a network or system not owned by the user without permission, (iii) the user accounts or passwords of other users without permission, or (iv) e-mails, screen names, or other personal identifiers without the owner’s permission even if it risks engaging in phishing and other abuses.

• That is or would be in any way untrue, misleading, or a scam, including but not limited to any impersonation of another person or Sotiotech or any other user including Sotiotech staff, or distortion of the true identity of a person who posts on the site or of an organization.

• To use, connect, make available, or add: (a) any information that is subject to privacy or security restrictions as set out in the provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any information that relates to the Health Information Technology for Economic and Clinical Health (HITECH) Act; or (b) any sensitive or personally identifiable data which is not public such as driver’s‑ license numbers, passport numbers, social security numbers, tax identification number, identifying numbers which may be used for voter registration or any similar use, medical records or even current assets such as banks, checking, and credit, debit or all other accounts information.

• For recruiting, advertising, solicitation, or other commercial purposes, without the prior written authority from Sotiotech which should not be taken in any circumstance, including (a) promotional activities like contest, fellowship, sweepstake, advertising, mecha or pyramid selling; and (b) the sending or causing the sending of any advertising material or including but not limited to advertising through ‘junk mail’ and ‘spam’.

• Any attempt to monitor or replicate information contained in the Website for other than its intended purpose or without user consent. Accessing the Website or its content using any automatic device or process including, but not limited to a robot or spider.

• This may adversely influence the performance, accessibility, interaction or safety of the Website. Interventions of this nature include but are not limited to: (a) gaining access to or taking any measure to obtain data not intended for the user, whether it is a network, system, computing facility or any equipment, data or information therein; (b) interception, redirection or any other form of interference with communication addressed to other parties; (c) deletion, destruction of data, causing excessive usage of resources, rendering the Website, its servers, computers or databases unavailable or in disarray; (d) changing, removing or obstructing the way the Website is presented; (e) disruption being created to other people enabling them not to access or exploit the Website; (f) obtaining another person’s registration detail or accessing their account without their allowed consent; (g) causing introduction, insertion, transmission of any technological nuisance or malicious element causing damage to the Website such as spyware, virus, Trojan horse, worms, logic bombs; (h) engagement in performance, without the express prior written consent of Sotiotech, of testing for scalability, load, exploration, scanning or intrusion penetration attacks or vulnerability assessments of the Website including the Community Services, without limitation; and (i) engaging in any activities that results in any server being a target of a denial of service attack tactics.

Notification of Violation

If you become aware of any violation of these Terms of Use by any person, including other users or third parties, you must immediately notify Sotiotech via e‑mail to connect@sotiotech.com.

Sotiotech Disclaimer

We may, but are under no obligation to, monitor or censor comments made by users or content provided by contributors, and we are not responsible for the accuracy, completeness, appropriateness, or legality of anything posted, depicted, or otherwise provided by third party users and we disclaim any and all‑ liability relating thereto.

Data Collection. You and your Apps may not collect user or device data without prior user consent, and then only provide a service or function that is directly relevant to the use of your App. You may not use analytics software in your App to collect and send device data to you or a third party. Before and during the use of that customer, you are expected to inform the customer of your practices regarding their data or device data, in particular your collection, use, and disclosure of user or device data. Additionally, appropriate measures shall be undertaken to prevent the use, access, or disclosure of the data to unauthorized third parties. If a user no longer consents or actively withdraws consent from your data collection, usage, or distribution practices concerning his or her user or device data, all such use must be suspended immediately. You may not disclose Sotiotech customer data to any third party or use such data for any purpose other than to provide the customer with the functionality of your App. You shall maintain and use all Sotiotech customer data by privacy and security reasonably adequate to preserve its confidentiality and security and all applicable data privacy and data security laws and regulations.

Privacy. You agree that any Personal Information that you collect from a third party about your App will be collected, processed, transmitted, maintained, and used in compliance with (a) your agreement with such user; (b) all applicable laws; and (c) a privacy statement that you conspicuously make available to such user that governs your collection of Personal Information from such user (your “Privacy Statement”). You shall process Personal Information by your Privacy Statement and employ reasonable measures to ensure that unauthorized third parties are unable to access such Personal Information or other end-user data. You are solely responsible for your interactions (including any disputes) with each user of your App. Neither you nor your App may perform any functions or link to any content, services, information, or data, or use any robot, spider, site search, or other retrieval application or device to scrape, mine, retrieve, cache, analyze, or index any software, user data, Personal Information, or other information related to operation or use of the Sotiotech Products, except to the limited extent necessary to provide your App and your related services to end users (or to demonstrate Sotiotech Products to prospective users with their permission) and under your Privacy Statement. “Personal Information” means any information which may identify a specific person either directly or indirectly. This includes but is not limited to, a person’s name, email address, mailing address, telephone number, credit card number, or persistent identifier (such as an identification number held in a cookie) which is associated with a person. Personal Information also includes information that can, together with the other information collected or to be collected, identify a specific individual, even if such information cannot identify a specific individual by itself‑.

Security Review. We, or a third party selected by us, may conduct a security review of any App, including without limitation, information requests to the contributor, interviews, security testing, network testing, and vulnerability threat assessment. You agree to reasonably cooperate with such testing, and further, you agree that Sotiotech, its agents, or contractors conducting the testing shall bear no responsibility for any adverse effects on the operation of your App or business. Any nonpublic information obtained by us during any security test shall be treated as confidential information.

Regulatory Compliance. You further represent, warrant, and promise that you shall adhere to all relevant regulatory standards, especially without limitation to all applicable laws, rules, and policies relating to the research and development, advertising, selling, and providing access to your App and those of any other relevant regulatory authorities in any other countries or territories where you intend to use, sell or make your App accessible to any third parties. Notwithstanding the foregoing, you agree that you shall not request any regulatory permission for marketing purposes or make any determination that may cause the Sotiotech Product or us to become regulated or impose regulatory obligations or restrictions on us. At our request, you agree to provide such additional supporting documents on time to obtain the clearance necessary to make or distribute your App available to the public.

Indemnity. Having agreed to the indemnification to Sotiotech as described below, you shall also indemnify and hold each other user and its officers, agents, employees, subsidiaries, and affiliates harmless from any claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) resulting from any claim from a third party related to the Apps you posted, including but not limited to contentions that an App or its use infringes the rights of any person.

Website

The Website in its entirety including the Website Content is owned by Sotiotech or our licensors and is protected by United States and international laws regarding copyrights, patents, trademarks, trade secrets, and other intellectual property or proprietary rights. You are permitted to use the Website only for legitimate business purposes related to your role as a current or prospective customer, developer, partner, supplier, or distributor of Sotiotech. You shall not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any Website Content without Sotiotech’s express prior written consent or except as expressly provided in these Terms of Use.

Sotiotech Trademarks

Sotiotech, the Sotiotech logo, Now, and other Sotiotech marks are trademarks and/or registered trademarks of Sotiotech, Inc., or its affiliates or licensors, in the United States and/or other countries. Other company and product names may be trademarks of the respective companies with which they are associated. Reference the Sotiotech Trademark and Copyright Guidelines for more information regarding Sotiotech trademarks.

Entire Agreement

The Terms of Use Statement constitutes the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, for the Website. For the avoidance of doubt, these Terms of Use do not supersede any Subscription Agreement or other agreement according to which you have been granted the right to use or access a Sotiotech Product, except to the extent that these Terms of Use provide that Apps or other Website Content are not subject to warranty or entitled to support, service credits, refunds, or other service entitlements under a Subscription Agreement.