1. Introduction & Agreement 

The Company operates the "ExpertOps" software-as-a-service platform under its trade name ExpertOps. These Terms govern your access to and use of the ExpertOps platform, including any content, functionality, and services offered on or through it (collectively, the "Service"). 

By registering for, accessing, or using the Service, you (a) acknowledge that you have read, understand, and agree to be bound by this entire legal document; (b) represent that you are of legal age to enter into an agreement; and (c) accept these Terms in full. If you are entering into these Terms on behalf of an entity, you represent that you have the authority to bind such entity. 

Governing Law and Jurisdiction : This Agreement and any disputes arising out of or related hereto shall be governed by and construed in accordance with the laws of Belgium. Any legal suit, action, or proceeding arising out of or related to this Agreement shall be instituted exclusively in the courts of [e.g., Brussels or Charleroi], Belgium, and each party irrevocably submits to the exclusive jurisdiction of such courts. 

2. Definitions

• "Service": The ExpertOps platform and all related services provided by the Company. 

• "User," "You," "Your": The individual or legal entity registered to use the Service. 

• "Client Data": All electronic data, text, documents, or other materials submitted to the Service by you, your clients, or third parties you authorize. 

• "GDPR": General Data Protection Regulations of the European Union. 

• "Personal Data": Any information relating to an identified or identifiable natural person as defined under the GDPR. 

• "Confidential Information": All non-public information disclosed by one party to the other that is designated as confidential or should reasonably be understood as such. 

3. Service Provision and License 

3.1. License Grant: Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service for your internal business operations. 

3.2. Service Availability: We will use commercially reasonable efforts to make the Service available 24/7, except for planned downtime or any unavailability caused by a Force Majeure Event (e.g., acts of God, government, terror, civil unrest, or major internet failure).

3.3. Service Modifications: We reserve the right to modify or discontinue the Service (or any part thereof) with or without notice. The Company will not be liable for any such modification, suspension, or discontinuance. 

4. User Responsibilities 

4.1. Account Security: You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use. 

4.2. Acceptable Use: You shall not use the Service to violate any law, infringe on third-party rights, transmit unlawful material, or attempt to reverse engineer or gain unauthorized access to the Service. You remain solely responsible for your professional and legal obligations; the Service is a tool to assist you. 

You agree not to perform, attempt to perform, or encourage or assist others in performing any of the following activities or any other activities that can be deemed unlawful or harmful against any entity (person or otherwise) : 

• Breaching or otherwise circumventing any security or authentication measures. 

• Uploading, transmitting, or storing any material that is unlawful, defamatory, infringing, abusive, or obscene. 

• Distributing spam, malware, viruses, or any other malicious or disruptive code. 

• Accessing or tampering with non-public areas of the Service or our systems. 

• Probing, scanning, or testing the vulnerability of any system or network. 

• Using the Service for any illegal purpose or in violation of any local, state, national, or international law. 

• Interfering with or disrupting any user, host, or network, for example by sending a virus, overloading, flooding, or mail-bombing any part of the Service. 

We reserve the right to investigate and suspend or terminate your account without notice for any violation of this policy. 

5. Fees and Payment 

5.1. Subscription Fees: You agree to pay the fees for your chosen subscription plan. Payment obligations are non-cancellable and fees paid are non-refundable. If we are unable to process your payment, we may suspend your access to the Service until payment is successfully processed. 

Price Changes. We reserve the right to change the fees for the Service at any time. We will provide you with at least seven (7) days' prior written notice of any fee changes. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the modified fee amount. 

5.2. Invoicing: Fees will be invoiced in advance. You are responsible for providing complete and accurate billing information. 

If you wish to dispute any fees, you must notify us in writing at info@devnation.be within thirty (30) days of the invoice date. Failure to do so will constitute your waiver of any claim relating to the disputed fee. 

5.3. Taxes: Our fees are exclusive of any applicable taxes (e.g., VAT), which you are responsible for paying. 

6. Intellectual Property 

6.1. Our Intellectual Property: The Service and all intellectual property rights therein are and shall remain the exclusive property of Devnation SRL and its licensors. 

6.2. Your Client Data: You retain all rights to your Client Data. You grant us a limited license to host, copy, and display your Client Data as necessary to provide the Service. 

6.3. Feedback: We are free to use any feedback or suggestions you provide regarding the Service without any obligation to you. 

7. Confidentiality 

Each party agrees to protect the other's Confidential Information with a reasonable standard of care and shall not use it for any purpose outside the scope of this Agreement.

8. Warranties and Disclaimers 

THE SERVICE IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, EXPERTOPS, DEVNATION SRL, ITS PARENT COMPANY, AND AFFILIATES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 

9. Limitation of Liability 

9.1. Exclusion of Indirect Damages: In no event shall Expertops or its parent company be liable for any indirect, incidental, special, or consequential damages, including loss of profits, data, or goodwill. 

9.2. Liability Cap: The total cumulative liability of Expertops and its parent company arising from this agreement shall not exceed the total fees paid by you for the Service during the twelve (12) months preceding the claim. 

9.3. Exceptions: These limitations do not apply to liability arising from gross negligence, wilful misconduct or death or bodily injury. 

10. Indemnification 

You agree to defend and indemnify Expertops, its parent company Devnation, and its affiliates against any claims or liabilities arising from your violation of these Terms, your use of the Service, or your Client Data's infringement of any law or third-party right. 

11. Term and Termination 

11.1. Term: This Agreement is effective until your subscription expires or is terminated. 

11.2. Termination for Cause: A party may terminate this Agreement upon 30 days written notice of a material breach if the breach remains uncured. 

11.3. Data Deletion: Following termination, we will provide a 30-day window for you to export your Client Data, after which we will delete it. 

12. Entire Agreement & Modifications 

This document constitutes the entire agreement between you and Devnation SRL. We may revise these terms from time to time. If a revision is material, we will provide you with reasonable prior notice. Your continued use of the Service after revisions become effective constitutes your acceptance. 

13. Contact Information 

For any questions about these legal terms, please contact: 

Devnation SRL : info@devnation.be