Terms of Service

These Terms of Service ("Terms") are the agreement between Devin ApS and the organisation that uses Devin. They apply to both Devin 1 and Devin 2. Where the two versions differ, the section says so.

1. About these terms

Who we are. Devin ApS ("Devin", "we", "us"), Nørrebrogade 45D, 2200 Copenhagen N, Denmark, CVR/VAT DK44636638. Contact: support@devin.fm or hello@devin.fm.

Who "you" are. "You" means the company or other organisation that signs up for or uses Devin, and everyone who uses Devin on its behalf. If you accept these Terms for an organisation, you confirm that you are allowed to bind it.

Business use only. Devin is offered only to businesses and other organisations for professional use. It is not offered to consumers. You must be at least 18 to use Devin.

Acceptance. By creating an account, starting a subscription, or using Devin, you accept these Terms, our Privacy Policy and, where it applies, our Data Processing Agreement.

2. The services

"Services" means everything we provide under these Terms, including:

the website, devin.fm, and the beta signup;
the Devin App, as a desktop app and as a web app;
Devin Cloud, the hosted service behind Devin 2;
Devin Server and other software you install on your own servers;
Devin 1, including the software you run on your own infrastructure;
support, documentation and related services.

Devin 1 and Devin 2 work differently.

Devin 1 runs mainly on your own servers. Your servers communicate directly with each other. We store only account details, team details, the address of your development server, and billing details.
Devin 2 is coordinated through Devin Cloud. Devin Cloud stores what you see in the Devin App, such as team members, version history, change details, comments and workflow history. Record data and container data in your FileMaker files never pass through Devin Cloud. Only empty clones of your files, with schema, scripts and other structure but no records, are sent through it.

Our Privacy Policy explains in detail where each kind of data is stored.

Self-hosted Devin (Enterprise). A fully self-hosted version of Devin, where Devin Cloud runs on your own infrastructure instead of ours, may become available through our Enterprise plan. If it does, separate Enterprise terms will apply to it.

3. Beta and preview features

We may offer features marked as beta, preview or early access, including the Devin 2.0 beta. Our Beta and Early Access Terms apply to them, and take priority over these Terms for anything to do with the beta.

In short, beta features:

are still being developed and may change, be limited or be removed;
may contain errors and are not intended for production data;
are provided "as is", with no service commitments;
may be hosted in our own data centre in Denmark, where beta servers are not backed up.

We may end a beta at any time. When the beta ends, we will tell you how to move to a paid plan or keep your data.

4. Your account

Give us accurate account details and keep them up to date.
Keep your password and access keys safe. You are responsible for everything done through your account.
Tell us straight away at support@devin.fm if you think someone has accessed your account without permission.
An account owner or administrator controls the team's account, members and data.

5. Your data and your responsibilities

You own your data. Your FileMaker files, schema, scripts, comments and everything else you put into Devin ("Customer Data") belong to you. You give us permission to host, copy, process and display Customer Data only as needed to provide the Services to you, as described in the Privacy Policy and Data Processing Agreement.

Personal data. When Devin processes personal data on your behalf, you are the controller and we are the processor. Our Data Processing Agreement applies and forms part of these Terms.

Your servers and backups. Your FileMaker servers, files and data stay under your control. You are responsible for:

having the rights and licences you need for your files and for Claris FileMaker;
keeping your own backups of your files and data;
testing changes before deploying them to production;
the workflows, scripts and deployments you set up and run.

Devin helps you manage versions and deployments, but you decide what gets deployed and when.

Regulated data. Devin is not designed for data that needs special certification, such as health data under HIPAA or payment card data under PCI DSS. Do not use Devin to process that kind of data unless we have agreed to it in writing.

6. Acceptable use

You agree not to:

break the law or anyone else's rights while using Devin;
try to get around security, access limits or usage limits;
access other customers' data, or test or attack our systems without our written permission;
upload malware or anything else that could harm Devin or other users;
overload Devin, or use automated means to access it except through the features and interfaces we provide;
copy, resell or sublicense Devin, or reverse engineer it except where the law allows;
use Devin to build a competing product.

We may suspend access if your use puts Devin, our customers or others at risk. When possible, we will tell you first and give you a chance to fix the problem.

7. Our intellectual property

Devin, including its software, design, documentation, logos and trademarks, belongs to Devin ApS or our licensors. While your subscription is active and you follow these Terms, we give you a limited, non-exclusive, non-transferable right to use the Services for your internal business purposes, including your work for your own clients.

All rights we do not expressly give you stay with us.

8. Feedback

If you send us ideas, suggestions or feedback, we may use them freely to improve Devin, without paying you or naming you. This does not give us any rights to your Customer Data.

9. Customer names and logos

Unless you tell us otherwise, we may name your organisation as a Devin customer and show your name, logo or trademark in our marketing, for example on our website, in presentations and in case studies. We will show them accurately and in line with any brand guidelines you give us.

You can withdraw this permission at any time. Email support@devin.fm and we will remove your name and logo from our website and future materials within a reasonable time. Materials that were already printed or published may stay as they are.

This section covers only your organisation's name, logo and trademarks. We will not publish the names, photos or quotes of individual people without their consent.

10. Prices and payment

Prices are shown on our website or in your order. Unless stated otherwise, prices are in US dollars and exclude VAT and other taxes.
If you are a business in the EU outside Denmark and give us a valid VAT number, VAT is handled through the reverse-charge mechanism. Otherwise, we add VAT or sales tax where the law requires.
Payments are handled by our payment provider, Stripe. By subscribing, you authorise us and Stripe to charge your chosen payment method.
We may change prices. Changes take effect from your next renewal, and we will tell you at least 30 days in advance. If you do not agree, you can cancel before the renewal.

11. Subscriptions, renewal and cancellation

Renewal. Subscriptions renew automatically for the same period (monthly or annual) until cancelled. We charge your payment method at the start of each period.

Free plan. We may offer a free plan with limited functionality. A free plan is not guaranteed to stay free or to keep the same features. We may change its limits, start charging for it, or end it. We will tell you at least 30 days before a free plan stops being free, so you can choose a paid plan or stop using Devin.

Free trials. Some plans include a free trial. When the trial ends, the subscription you chose starts and we charge you, unless you cancelled during the trial.

How to cancel (Devin 1). You can cancel at any time:

in our customer portal, at billing.stripe.com/p/login/5kA4ji4ej1qA9XydQQ, or in the Devin App under Settings → Team → Manage Plan; or
by emailing support@devin.fm.

Cancellation takes effect at the end of the current paid period. You keep access until then.

Devin 2. The way you manage and cancel subscriptions will change with Devin 2. We will update this section and tell you before the change takes effect.

Changing plan (Devin 1). To move your Devin 1 subscription to another Devin 1 plan, email support@devin.fm and we will make the change for you.

12. Refunds

Payments are non-refundable, except where these Terms say otherwise or the law requires it. If we end the Services for convenience under section 14, we will refund the unused part of any prepaid period.

13. Availability and changes to the Services

We work to keep Devin available and reliable, but we do not promise it will always be available or free of errors. We may need to carry out maintenance, which we try to schedule at quiet times.

Devin will keep developing. We may add, change or remove features. If we remove a major feature you pay for, we will tell you in advance.

Your servers keep running. Devin Cloud coordinates development workflows. It is not part of the runtime of your FileMaker solutions. If Devin Cloud is unavailable, your FileMaker servers keep running normally.

14. Term and termination

These Terms apply from when you first use Devin until your subscription and use end.

You can stop using Devin and cancel your subscription at any time, as described in section 11.
We may end your access if you seriously breach these Terms and do not fix the breach within 14 days of us telling you, or straight away if the breach puts Devin or others at risk. We may also end the Services for convenience with at least 60 days' notice.

When your subscription ends:

you can export your Customer Data from Devin Cloud for 30 days, where export is available;
we then delete or anonymise your Customer Data within 90 days, as described in the Privacy Policy, unless the law requires us to keep it;
sections that by their nature should continue, such as payment, liability and governing law, still apply.

15. Third-party software

Devin works with Claris FileMaker and uses tools that Claris provides, such as the Claris FileMaker Data Migration Tool and the Claris FileMaker Developer Tool. Some Devin features include, embed or bundle Claris technology, for example as command-line (CLI) tools.

We have permission from Claris to bundle these tools as part of the Devin software. We do not distribute them as standalone tools. Your own use of the Claris tools is subject to Claris's licence terms in the Acknowledgements at the end of these Terms. You may only use them as part of Devin, and you may not extract or redistribute them.

You need valid Claris licences for your FileMaker products.

Claris and FileMaker are trademarks of Claris International Inc. Devin is not affiliated with or endorsed by Claris.

16. Warranties and disclaimers

We will provide the Services with reasonable skill and care.

Apart from that, and to the extent the law allows, the Services are provided "as is" and "as available". We give no other warranties, including that Devin will meet every requirement you have or be free of errors.

17. Limitation of liability

To the extent the law allows:

neither of us is liable for indirect or consequential losses, such as lost profits, lost revenue, lost business or loss of data, even if it was foreseeable;
our total liability under these Terms is limited to the amount you paid us for the Services in the 12 months before the event that caused the claim.

Because your FileMaker files and data stay on your own servers, and you are responsible for backups (section 5), we are not responsible for restoring your FileMaker files or data.

These limits do not apply to losses caused by intent or gross negligence, or to any liability that cannot be limited by law.

18. Indemnity

You will protect us against third-party claims that arise from Customer Data you put into Devin or from your use of Devin in breach of these Terms or the law. We will tell you promptly about any such claim, let you control the defence, and give you reasonable help.

19. Confidentiality

Each of us will keep the other's non-public information confidential and use it only to perform these Terms. This does not apply to information that is already public, that we received lawfully from someone else, or that the law requires us to disclose.

20. Changes to these Terms

We may update these Terms, for example when Devin 2 replaces Devin 1. The "Last updated" date shows the current version. If we make important changes, we will tell account holders by email or in the Devin App at least 30 days before they take effect. If you do not agree, you can cancel before then. If you keep using Devin after the changes take effect, you accept the new Terms.

21. Governing law and disputes

These Terms are governed by Danish law. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

We will always try to resolve problems with you directly first. If we cannot, the courts of Copenhagen, Denmark, have exclusive jurisdiction.

22. General terms

Entire agreement. These Terms, the Privacy Policy, the Data Processing Agreement, the Beta and Early Access Terms (when you take part in a beta) and your order make up the whole agreement between us about the Services.
Order of priority. If documents conflict, the Data Processing Agreement wins on personal data, the Beta and Early Access Terms win on beta features, then your order, then these Terms.
Transfer. We may transfer these Terms as part of a merger or sale of our business. You may not transfer them without our written consent.
Force majeure. Neither of us is liable for delays or failures caused by events outside our reasonable control.
Severability. If a court finds part of these Terms invalid, the rest still applies.
No waiver. If we do not enforce a right straight away, we can still enforce it later.
Notices. We send notices by email to your account's contact address or in the Devin App. You send notices to support@devin.fm.

23. Contact

Devin ApS, Nørrebrogade 45D, 2200 Copenhagen N, Denmark support@devin.fm · hello@devin.fm

Acknowledgements

Claris FileMaker Data Migration Tool

License Grant. Claris International Inc. ("Claris") grants you a non-exclusive limited license to use this Claris FileMaker Data Migration Tool ("Software") with a licensed copy of Claris FileMaker software solely to move data from one FileMaker fmp.12 file to another FileMaker fmp.12 file. You may use the Software for personal use or when working on your client's files. You are hereby prohibited from redistributing this Software as a standalone tool. You may redistribute this Software only when incorporated into a tool that provides features other than those provided by the Software, and that you own or create.

Intellectual Property. Claris owns all rights to the Software, including intellectual property rights therein.

No warranty. THIS SOFTWARE IS PROVIDED BY CLARIS ''AS IS'' AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL CLARIS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Indemnity. You will indemnify and hold Claris harmless from any and all claims, damages, losses, liabilities, costs and expenses (including reasonable fees of attorneys and other professionals) arising out of or in connection with your use of the Software.

Export Law Assurances. You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Software you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list. You also agree that you will not use the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.

Claris FileMaker Developer Tool

License Grant. Claris International Inc. ("Claris") grants you a non-exclusive limited license to use this Claris FileMaker Developer Tool ("Software") with a licensed copy of Claris FileMaker software solely to perform developmental tasks with databases, including copying, cloning, saving as XML file, performing consistency checking, encrypting, decrypting, enabling Kiosk mode, removing Admin access, and performing recovery.

Intellectual Property. Claris owns all rights to the Software, including intellectual property rights therein.