Terms and Conditions
The following Terms and Conditions apply to all contracts and services rendered between PayDevs (hereinafter referred to as "PayDevs", "we", or "us") and its customers with regards to our web services at https://www.paydevs.com (hereinafter "the Website") and the related subdomains hosting registries (e.g., https://npm.paydevs.com), payment and payout systems, as well as APIs (hereinafter collectively "PayDevs Services"). These Terms and Conditions constitute a material part of each agreement unless expressly agreed otherwise in writing. Any differing terms or conditions by the user only apply with written consent by PayDevs.
PayDevs Services are offered to consumers (hereinafter referred to as "private users") as well as business customers (hereinafter referred to as "corporate users"). Private users are natural persons who conclude the respective legal transaction for a purpose which is outside their trade, business or profession. Corporate users are employees working for companies and receiving a salary. PayDevs allows that freelancers and members of NGOs register as private users - but PayDevs will handle their account as a consumer and not as a business and prepare invoices or extract sales taxes.
Corporate users and private users will hereinafter collectively be called "users" or "customers" - even if they did not pay for the services (e.g., in the case of maintainers uploading software to PayDevs Services). Developers of software packages with the right to publish built packages (a.k.a. building or compiling libraries) are hereafter called "maintainers".
In order to collect payments from users and make payouts to maintainers, PayDevs cooperates with Stripe Inc. and PayPal Inc. (hereinafter referred to as "payment processors").
PayDevs reserves the right to modify these Terms and Conditions with effect for the future at any time. PayDevs will notify the customer of these changes. If the customer does not object within two weeks after receipt of the change notification, the changes will be deemed accepted by the customer. PayDevs will inform the customer about the customer's right to object and about the effects of a lack of objection. If the customer rejects the changes, PayDevs has the right to terminate the agreement.
1. PayDevs Services
PayDevs offers to store software packages (a.k.a. software libraries or software modules) with a specific version in special databases or package managers (hereinafter referred to as "registries") and constraints the access to these registries via paid accounts. If a package is uploaded to one of PayDevs registries it will hereafter be called "private package", while packages in public registries will be called "public packages".
PayDevs may continuously improve and expand its PayDevs Services. The customer is not entitled to any functionality. In case of unforeseen events, PayDevs is entitled to suspend the PayDevs Services for maintenance or repair purposes if this is necessary to ensure the proper operation of the PayDevs Services.
PayDevs is entitled to use the assistance of third parties in order to fulfill its contractual obligations.
1.1. PayDevs Website
PayDevs offers a Website for users to register as a maintainer, private user, or corporate user in order to publish, access, and search for packages on PayDevs Registries. For this, the Website is connected to registration and payment processes offered by different payment processors.
1.2. PayDevs Registries
PayDevs offers multiple registries for different programming languages, where registered users can publish, access, and search for packages.
Beside hosting private packages, PayDevs provides public packages from public registries via uplinks (e.g., https://npm.paydevs.com has an uplink to https://registry.npmjs.org). When you access public versions via our services, data is processed both by us and by the responsible provider.
Public packages are in sync with public registries - if possible - and ready for consumption with command line package manager tools such as npm, maven, composer, etc.
1.3. PayDevs APIs
PayDevs offer APIs (Application Programming Interfaces) to access packages, user accounts, and customer data on PayDevs Services.
PayDevs is not responsible for the services or the usage of services of third parties, that use the PayDevs API to access this data. PayDevs can only ensure the functionality of the interfaces in according with the availability provisions in these terms of service in so far as such functionality lies within PayDevs's scope of influence. In particular no liability can be accepted for the interfaces' possible lack of compatibility or accessibility where the defects lie in a third party supplier's software.
2. PayDevs Policies
The following sections governs the use of our Services by the user, especially it describes the policies regarding your registration, account, and content. By "Content", we mean any Content you publish to our Services, such as packages, readme files, information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials. When we say "publish", we include posting, publishing, uploading, sharing, submitting or otherwise providing Content in any manner in connection with the Service.
In general, these policies are guidelines. Problems are often contextual, and exceptional circumstances sometimes require exceptional measures. We plan to continue to clarify and expand these rules over time as new circumstances arise.
2.1. Acceptable Use Policy
You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password and credentials. If you find out that someone is using your account without your permission, you must let us know immediately.
You have our permission to use the Services, but only if:
- you are of legal age in your country (for example, you must be at least 13 years of age if you live in the USA);
- you do not copy the Services or any part of the Service;
- you do not modify the Services or any part of the Service;
- you follow all the rules and restrictions we've spelled out in these Terms of Service.
- use our Services to download packages offered on our Registries
- use our Services to publish new version of packages, but only if you are the package maintainer
- use our Services to remove packages you uploaded, but only if you are the package maintainer
- use our Services to search for packages and different version
- update your account information
- update your payment or payout information
You may not:
- use our Services for any illegal purpose; for example (but non-exhaustive):
- submit content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- submit content to harm minors in any way, including publishing content that violates child pornography laws, child sexual exploitation laws, or any other laws protecting children;
- submit content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
- submit content that contains any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- submit content that uploads, launches, posts, emails or transmits any material (including any bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt our Service, or harm or corrupt our or anyone else's computer systems, or data;
- collect or gather other people's personal information (including account information) from our Services;
- disturb the PayDevs Servces or services of our partners or customers; for example (but non-exhaustive):
- misuse PayDevs Services by knowingly introducing viruses, trojans, worms, malware or other material which is malicious or technologically harmful.
- attempt to gain unauthorized access to PayDevs Services, the servers on which PayDevs Services are operated or any server, computer or database connected to PayDevs Services.
- attack PayDevs Services via a denial-of-service attack or a distributed denial-of service attack.
- use an account under false pretense or without permission; for example (but non-exhaustive):
- use someone else's account without permission by the account holder and PayDevs.
- transfer your account to someone else
- create an account with inaccurate or incomplete information
- create an account using someone else's name, email, or contact information
- submit content under false pretense or without permission; for example (but non-exhaustive):
- submit content for that you are not a maintainer; this includes especially packages that you are not a maintainer of.
- submit content that you don't have the right to submit, unless you have permission from all contributors; this includes material covered copyright, patent, trade secret, privacy, publicity, or any other proprietary right by third-parties;
- submit content by forging headers or manipulate other identifiers in order to disguise the origin of any content you submit;
- impersonate anyone else or lie about your affiliation with another person or entity;
- circumvent payments or the correct payment plan (e.g., registering as private person for a job in a company)
- Share your account with other people
- Pretend to be a private user when you register for an account to be used in a job or for your employer.
- submit content which disparages us or our partners, vendor or affiliates; or solicit, for commercial purposes, any users of our Service.
We have the sole right, but not necessarily the obligation, to delete at any time any account or content that violates these rules or that we believe to be inappropriate for any reason.
Should the customer's usage of PayDevs disturb our Services, create an overload, or reach beyond reasonable use, PayDevs has the right to block access to PayDevs Services until such default has been rectified. In such cases we will normally notify the customer of the blocking. Our other legal and contractual rights shall remain unaffected.
2.2. Package Naming Policy
While we have a first-come, first-served policy on package names, PayDevs tries to sync package names with public registries in order to prevent dependency confusion or dependency attacks.
If you want to publish a package it is advised to create the package with a specific scope and name on the public registry first and then upload to PayDevs registry. Upon publishing a new package, the publisher will be made owner of the package on PayDevs Registries.
If someone wants to take over a package, and the previous owner agrees, the existing maintainer can add them as an owner, and the new maintainer can remove them. If necessary, the team may reach out to inactive maintainers and help mediate the process of ownership transfer.
Using an automated tool to claim ownership of a large number of package names is not permitted. We reserve the right to block traffic or revoke ownership of any package we determine to have been claimed by an automated tool.
2.3. Content Policy
We generally do not pro-actively reviewing or monitoring any of the Content published by our users. We do not endorse any Content or support any views, opinions, recommendations, or advice that may be in user submissions. Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any user submission. You may be offended by Content that you see on the Service. You may find some of it to be inaccurate, offensive, indecent, or objectionable. However, you agree not to hold us responsible in any way for your use of our Service, including your exposure to Content.
Furthermore, we are not a content-archiving service. We do not promise to store or make available on our Services any Content that you submit, or any other Content, for any length of time. You are solely responsible for keeping back-ups of everything you publish on our Service.
The user is solely responsible for any Content he publishes to our Services, and the consequences of publishing it. The user undertakes to not violate any applicable laws, in particular third party rights (e.g. copyrights, personality rights, intellectual property rights) or the terms of this agreement while using our Services. If applicable, this also includes the provisions of the US Children’s Online Privacy Protection Act (“COPPA”).
You understand that once you publish Content it becomes public. We are not responsible for keeping any Content confidential. So, if you don't want the whole world to see it, don't publish it on the Service.
If you publish Content, you are making a guarantee to us that you either own all the Content you are publishing, or you have the right to publish the Content. Furthermore, you are guaranteeing that you have the right to allow us to make your Content available for others to view, post about, upload, share, and use as part of our Services without requiring that any such use be subject to additional obligations or terms. If you do not have these rights, do not publish the Content. By publishing your Content, you do not lose any ownership rights you may have to it. However, you do grant us a worldwide, non-exclusive, royalty-free, fully-paid, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Content in connection with our Services and our business, in any media formats or in tangible form and through any media channels now known or hereinafter developed.
The user shall indemnify and hold PayDevs harmless from any and all third party claims (including but not limited to all costs and expenses, incl. reasonable attorney’s fees) that are being asserted against PayDevs upon first request.
2.5. Copyright Policy
We respect the intellectual property rights of others. You may not use our Services to infringe anyone else's copyright or other intellectual property right. If we find out that you are infringing, we will remove your Content. We do not have to give you notice that we are removing your Content but we will try. We may also terminate your account if we decide that you are repeatedly violating or infringing intellectual property of others. We consider a repeat infringer to be a user who has been notified of infringing activity more than twice or who has had Content removed from our Services more than twice.
If you believe that something on our Services violates your copyright, notify our copyright agent in writing at email@example.com. In order for us to take action, you must a) provide your physical or electronic contact address to contact you, such as your address or e-mail; b) identify the copyrighted work that you believe is being infringed; c) identify the item on our Services that you think is infringing your work and include sufficient information about where the material is located on our Services (including which website) so that we can find it; d) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on our Service; and e) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.
2.6. Dispute Policy
PayDevs reserves the right to address all disputes over the control of a scopes, package names, user names, accounts, organization names, etc. in our Registries. We will try our best to keep the dependency usage clear and prevent dependency confusion or dependency attacks.
In general, when using our Registries you may not:
- register scope or package names already in use by others on the public registry.
- register scope or package names that can be confusing to users or are misleading, a typo, or extremly similar to existing packages
- register scopes for companies or organizations you are not part of - generally infringing on the company's trademark
- block scope or package names by "squatting". If you use a scope or package name you should regualarily upload new versions and have some users.
- infringe on third-party trademarks, brands, or intellectual property in general.
If you want a change something, want to report a violation, or have an dispute with another maintainer, user, or third-party in general, feel free to inform us at firstname.lastname@example.org.
3. Plans & Payments
PayDevs offers different subscription plans for its Services. The details for all available plans can be found on the Website pricing page and in the users' account page. The agreement between PayDevs and the customer can be concluded online via the Website. A right to claim a user account does not exist; PayDevs expressly reserves the right to reject a user account without stating reasons.
To order a subscription plan, the customer must choose a subscription plan, enter his account information, enter billing information on the payment processor's website, and click on the button "Order Now" (or similar) to make a binding offer to order the choosen subscription plan.
We reserve to adjust fees for subscription plans and user accounts at any time. In such an event, the change shall affect existing contracts at the beginning of the following billing period.
3.1. Customer's Rights and Obligations
The customer is entitled to use our Services only to the extent described hereafter. PayDevs Services do not include any legal advice or consultancy (e.g., of data protection, consumer information, copyrights, competition or professional association nature). The customer alone is responsible for compliance with these obligations.
The customer represents and warrants that all personal information as well as other relevant contractual data provided by the customer during the conclusion of the agreement is complete and correct. The customer is obliged to promptly inform PayDevs about any changes to this data and/or to update altered data in its customer account. In the event of a culpable breach of this obligation, PayDevs is entitled to suspend the contractual services.
The customer is responsible for maintaining the confidentiality of credentials for authentication used to access our Services and login data provided by PayDevs. The customer agrees to immediately inform PayDevs of any unauthorized use of the customer's user accounts, credentials for third party authentication or login data provided by PayDevs, any breach of security or misuse or suspected breach of security or misuse of PayDevs. The customer will exit user accounts at the end of each session if they take place using a shared computer. PayDevs cannot and will not be liable for any loss or damage arising from the customer's failure to comply with this clause.
Several constraints are attached to creating and keeping an account:
- The user accounts are non-exclusive, non-transferable and non-sublicensable.
- The user accounts must be used by only one real natural person.
- The user must choose the correct plan for his context; esp. he may not register as an private user and use it for work.
- The user must keep the password and credentials secret and protect it against any wrongful use by unauthorized third parties.
See the sections in "PayDevs Policies" for further rights and obligations - esp. acceptable use.
Upon conclusion of the agreement, PayDevs grants the customer the non-exclusive, non-transferable and non-sublicensable right to use our Services during the term of the agreement to the extent that is appropriate to use the PayDevs Services according to the agreement. The right of use shall expire once the customer defaults with any payments due.
Unless otherwise agreed between the parties, PayDevs is entitled to refer to the collaboration with the customer and the contractual product and to depict the Customer’s logo for self-promotional purposes.
The fees for our Services used by the customer are displayed in the customer account. They depend on the chosen subscription and the number of user accounts available to the customer. If not explicitly stated otherwise, all fees are quoted exclusive of the statutory value-added tax (VAT) and payment processor fees - applicable at the time.
PayDevs accepts the payment methods as shown in the customer's user account on the Website (e.g. credit cards). Payments are processed by our partnering payment processors. Terms and Conditions of involved payment processors (e.g. PayPal) apply in addition to ours.
Fees are due at the beginning of each billing period. If the customer’s payments are considerably delayed, PayDevs reserves the right to suspend the provision of any further services, in particular the customer’s access to our Services, at the expense of the customer until all due payments have been made. In the event of suspended services, the customer is nevertheless obliged to pay the agreed fees. After having set the customer a reasonable deadline and expiration of that deadline, PayDevs has the right to terminate the agreement with immediate effect. In case of returned direct debits or unpaid checks, the customer shall reimburse PayDevs for the costs incurred to the extent that the customer was responsible for the event given rise to these costs. Further claims and rights to which PayDevs may be entitled in this respect shall remain unaffected. Even if the customer does not use the provided PayDevs Services, the customer is still obliged to pay the agreed fees.
Invoices will be sent to the customer via email, unless expressly agreed otherwise. Any complaints relating to an invoice must be submitted to PayDevs in writing or by email to email@example.com within four weeks upon receipt of the invoice. If no such complaint has been made within four weeks upon receipt of invoice, the invoice is deemed to be accepted.
3.3. Changing Plans
The contract term for the use of our Services is determined by the billing period selected with the subscription plan. Where an automatic contract prolongation has been selected, the contract will be prolonged automatically upon the expiry of the contract term by the same period, insofar as it has not been previously canceled using the customer's user accounts on PayDevs Website.
The customer can change the chosen subscription plan via its user accounts at any time, with fthe following limitations:
If the customer reduces its plan to a cheaper plan or fewer user accounts, the recurring fee will be reduced accordingly as per beginning of the next billing period. The next billing period is visible in the cutomers user accounts and depends on the chosen subscription plan.
If the customer chooses to upgrade its plan to a more expensive plan or adds more available user accounts, the recurring fee will instantly be increased accordingly. If there is still any unconsumed usage quota from the previously existing contract it will be credited to the customer or offset against the invoice for the new subscription plan.
3.4. Terminating Plans
PayDevs reserve the right to an early extraordinary termination of the contract for important reasons. An extraordinary termination is permitted in particular if the customer remains in default with payment obligations for two months or if the customer is insolvent, subject to insolvency proceedings, insolvency proceedings have been commenced or the commencement of insolvency proceedings is dismissed due to lack of assets. Where necessary, a written warning concerning the objectionable conduct must precede the extraordinary termination.
The customer has no right for compensation if his account is cancelled or terminated before the next billing period.
In case of contract termination, the customer is responsible for saving any data stored in our Services before the contract expires.
A maintainer of a package hosted on one of our Registries is entitled to a portion of the collected money, split over 12 months (as we are based on annual subscriptions). PayDevs pays out only to maintainers who have an account within our Services. A share is calculated based on the users per month of his package(s) that we can measure, and entitles him to a portion of the money collected from the payments (split for each month).
PayDevs will only payout to one maintainer per package as defined in the public repository. PayDevs is not responsible for a fair or correct payout to all maintainers and contributors of an open-source project. If you have a complaint or need for mediation you may contact us any time, for example on our Discord Server or via email to firstname.lastname@example.org.
PayDevs will withhold a payout, if we suspect fraud, misrepresentation, deception, ransom, self-dealing, violations of intellectual property, or other illegal purposes incl. the sale of personal information, or the processing of personal information in violation of any laws. This includes other attempts to game PayDevs Services in order to obtain money by fraud. In case of disputes we will freeze the money until a legal ruling can be enforced.
To the extent permitted by law, under no circumstances and under no legal theory will PayDevs be liable to you or any other person for any payout that is less than $100 in total. Transfer fees will be charged to the receiver of the payout.
At the end of a month, PayDevs will calculate the number of users and the resulting share of the money pool. PayDevs will pay out the resulting amount in USD for that month within 90 days after the end of the month (we aim for a maximum of 30 days, but may need more time in the initial phase of PayDevs).
If we cannot disburse the money to one of your bank accounts, etc. - for whatever reason - we will hold the money for up to one year (i.e. 12 months), re-introducing the money back into the money pool starting from the thirteenth month. We are not responsible for delay or misapplication of any Payout because of incorrect or incomplete information supplied by you or a bank, or for failure of a bank to credit your account. PayDevs is not responsible to pass through interests and might pass through negative interest rates.
PayDevs is not responsible or liable to compensate you if PayDevs systems were hacked, your passwords were stolen, or someone other than you had access to your account and changed your bank accounts for withdrawals. The same is valid is you incorrectly stated your banking account. In the event of fraud, theft or other illegal activity, we will assist law enforcement in finding the culprit. It is your responsibility to file a report with the local police and notify us immediately so that payouts can be frozen until the problem is resolved.
The user is responsible for paying taxes on the payouts in the country in which the user resides or is subject to taxation. However, PayDevs intends to comply with all applicable tax information and withholding laws that PayDevs reasonably believes apply to such payments. If taxes are required to be withheld on amounts to be paid to you by PayDevs or on amounts subject to tax withholding under applicable law, PayDevs will deduct such taxes from the amount due and remit them to the appropriate taxing authority and, if required, provide you with an official receipt for the taxes withheld as required by applicable law. PayDevs will use reasonable efforts to minimize such taxes to the extent permitted by applicable law, and each party will reasonably cooperate with the other to obtain the lowest tax rates or the elimination of such taxes under applicable income tax laws or treaties. This includes providing PayDevs with information required by applicable laws, such as IRS Forms W-8, W-9 or other information to demonstrate exemption from tax withholding. You are also responsible for complying with the terms and conditions of third-party payment providers regarding tax withholding and reporting, if applicable. In addition, PayDevs reserves the right to suspend payments to your Account until you provide PayDevs with appropriate documentation or information required by applicable law to enable PayDevs to determine any applicable tax withholding or reporting requirements applicable to payments under these Additional Terms or the Agreement.
Please note that PayDevs takes a cut from the payments before pooling it and paying it out to the maintainers. This money is used to pay for operating servers, employee salaries, legal fees, as well as adding and enhancing of existing Registries and package managers. Furthermore, fees from payments processor and taxes apply. The maintainers do not have to pay otherwise for contributing in the payouts from the monthly money-pool.
5. Liability & Warranty
Use of our Services is at your own risk. The Services is provided on an "as is" and "as available" basis. PayDevs and its affiliates, suppliers and partners expressly disclaim all warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
PayDevs and its affiliates, suppliers and partners do not warrant that a) our Services or any products purchased through our Services will meet your requirements; b) our Services will be uninterrupted, timely, secure or error-free; or c) there will be no errors in our Services or that PayDevs will correct any errors. Any materials obtained through use of our Services are obtained at your own discretion and risk, and PayDevs is not responsible for any damage to your computer or data, or for any bugs, viruses, Trojan horses or other destructive code that results from use of our Services or any content obtained through the Service.
We may terminate or suspend our Services or any part of the Service, terminate or suspend or your use of the Service, block any IP address, or remove any of your User Content at any time, for any reason, with or without cause without any liability to you.
Furthermore, we may terminate or suspend your permission to use our Services immediately and without notice upon any violation of these Terms and Conditions, your failure to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities. If we terminate your use of our Services for any of these reasons or otherwise for cause, we will not refund any fees you may have paid, whether for access to our Services or for Products (if applicable).
Upon any termination we may delete your account, passwords and User Content and we may bar you from further use of the Service. You understand that we may also continue to make your User Content available on our Services even if your use of our Services is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, User Content or access to the Service.
To the fullest extent permitted by law, PayDevs and its affiliates, suppliers and partners assume no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability or otherwise) for any indirect, incidental, special or punitive damages or liabilities (including, without limitation, loss of data, loss of revenue or profits) arising out of or related to your use of the Service, or consequential damages or liabilities (including, without limitation, loss of data, revenue or profits) arising out of or related to your use of our Services or Content provided by or through the Service, even if we have been advised in advance of the possibility of such damages. The foregoing limitation applies to damages arising out of a) your use of or inability to use our Service; b) costs of procurement of substitute goods and services resulting from goods or services obtained through or from our Service; c) unauthorized access to or modification of your Content; d) third party content provided to you through the Service; or e) any other matter relating to the Service.
Our Services and Content by our users may contain links to other websites that we don't own or control. We are not responsible for any of these other websites. You will not hold us responsible for any aspect of these other websites, including their content, privacy policies, or anything else. You may be exposed to things on other websites that you don't like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites. Furthermore, PayDevs assumes no liability for the content from packages in our or third-party registries or other websites linked to or from us. The owners of these linked registries or websites take sole responsibility for their contents.
We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable.
PayDevs points out that the services may be interrupted or disrupted by circumstances beyond PayDevs’s area of responsibility, including but not limited to acts of third parties that do not act on PayDevs’s behalf, technical conditions of third party API providers, technical conditions of the Internet that PayDevs cannot influence, or force majeure. If such circumstances interfere with the availability or functionality of the services provided by PayDevs, this has no effect on the contractual conformity of the services provided by PayDevs. Furthermore, no liability can be accepted for the APIs possible lack of compatibility or accessibility where the defects lie in a third party supplier's software.
You agree to indemnify and hold harmless PayDevs and its affiliates, suppliers, partners, officers, agents, and employees from and against any claim, demand, losses, damages or expenses (including reasonable attorney’s fees) arising from any Content, your use of the Service, your connection to the Service, your violation of these Terms and Conditions or your violation of any rights of any third-party. Your indemnification obligation will survive the termination of these Terms and Conditions and your use of the Service.
Any claims for damages arising from a slight negligence by PayDevs shall become time-barred within one year upon occurrence of the damage. This limitation shall not apply to any damages resulting from injury of life, body or health. All other claims for damages shall become time-barred within the statutory period.
Notwithstanding anything to the contrary contained herein, the liability of the PayDevs and the liability of all of its officers, directors, investors, employees, agents, advertisers, licensors, suppliers, service providers and other contractors to you or any third party shall in all circumstances be limited to a maximum amount of $100.
6. Proprietary Rights
PayDevs and its suppliers retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to our Services and Content which is included in our Services (other than the user's Content). We reserve all rights in and to our Services unless we expressly state otherwise. Our Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
If you give feedback on the Service, for example recommendations for improvements or features, implementation of that feedback is owned by us and may become part of our Services without compensation to you.
You may not decompile, reverse engineer, disassemble, or otherwise reduce the Services to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance. You may not copy, frameset, enclose or otherwise distribute any part of the Services.
All brand, product and service names used in our Services which identify PayDevs or our suppliers and our or their proprietary products and services are the trademarks or service marks of PayDevs or our suppliers. Nothing in our Services shall be deemed to confer on any person any license or right on the part of PayDevs or such supplier with respect to any such image, logo or name. PayDevs does not grant the customer any rights to use PayDevs trademarks, logos, domain names or other branding material. If you have concerns about your own trademark's use on PayDevs please see our Disputes Policy above.
You agree not to disable, interfere, or try to get around any of the features of the Services related to security, preventing or restricting use or copying of any Content, or enforcing the limits on the use of our Services or the Content on the Service.
7. Final Provisions
Place of performance and exclusive place of jurisdiction for all disputes between the parties shall be Karlsruhe, Germany. Karlsruhe, Germany shall also be the exclusive place of jurisdiction if the customer does not have a general place of jurisdiction in Germany, if the customer, once it has concluded the contract, moves its domicile out of Germany or whose domicile is unknown at the time the lawsuit is filed.
Any modifications and or amendments of offers and these Terms and Conditions must be made in writing (email is sufficient). This also applies in case of a nullification of the written form requirement.
If any provision of these Terms and Conditions or part thereof is invalid or becomes invalid at a later time, the validity of the remaining provisions shall remain unaffected. The relevant provision shall be replaced by a provision that as closely as possible reflects the economic purpose of the invalid provision. The foregoing shall apply analogously if any provision has inadvertently been omitted.
Unless expressly agreed otherwise, the legal relationship between PayDevs and the customer shall be governed by and construed in accordance with German law.
Last updated: August 29th, 2022 (Version 1.0.0)