DevOpser Terms of Use

Effective Date: March 9, 2025

Welcome to DevOpser. These Terms of Use ("Terms") govern your use of the DevOpser platform ("Platform") provided by DevOpser LLC ("Company," "we," "us," or "our"). By accessing or using the Platform, you agree to be bound by these Terms, including any applicable terms from the AWS Marketplace End User Agreement. If you do not agree to these Terms, please do not use the Platform.

1. Our Services

1.1 Hosted Web Platform and Infrastructure as Code

DevOpser now provides a hosted web platform that enables customers to spin up and manage websites, in addition to offering Infrastructure as Code (IaC) scripts and customization services. Access to the Platform is available exclusively via the AWS Marketplace. By signing up through the AWS Marketplace, you agree to these Terms and the AWS Marketplace End User Agreement. In the event of any conflict, the AWS Marketplace terms shall prevail.

1.2 Customization and Consultancy Services

We offer customization of our IaC scripts based on your specific technical and compliance requirements for an additional fee. This may include, but is not limited to:

We also provide application migration services to assist in transitioning your existing applications into the DevOpser framework.

2. Use of the Platform

2.1 Eligibility

You must be at least 18 years old to use the Platform. By using the Platform, you represent and warrant that you meet this eligibility requirement.

2.2 Account Registration

To access certain features of the Platform, you may need to register for an account. You agree to provide accurate and complete information during registration and to update such information as necessary.

3. Fees and Payment

3.1 Pricing Structure for the Infrastructure as Code (IaC) Platform

3.2 Pricing Structure for the AI App Hosting Platform

The pricing for our AI App Hosting Platform is separate from the IaC platform pricing. Current pricing details are available at devopser.io/pricing.html and are subject to change without notice. For direct access to the AI App Hosting Platform, please visit app.devopser.io.

3.3 Payment Responsibility

All resources provisioned by our IaC scripts will run in your AWS account, your GitHub organization, and your Terraform Cloud account. For the AI App Hosting Platform, fees will be charged according to the pricing structure specified at devopser.io/pricing.html. You are solely responsible for all fees incurred, including any software licenses or subscription costs necessary for your use of the Platform.

3.4 AWS Bedrock Usage and Costs

The AI App Hosting Platform integrates with AWS Bedrock for advanced AI functionalities. Customers are expected to utilize AWS Bedrock within their own AWS accounts, and all associated costs, fees, or charges incurred for AWS Bedrock usage are solely your responsibility. DevOpser LLC is not responsible for, nor will it reimburse, any expenses related to AWS Bedrock usage.

4. Intellectual Property

4.1 Ownership of IaC Scripts

DevOpser retains all rights, title, and interest in its IaC scripts. Customers are granted a non-exclusive, perpetual license to use the scripts provided they maintain an active subscription.

4.2 Open-Source Components

Any demo applications or components that incorporate open-source libraries are subject to the respective open-source licenses.

4.3 Customizations and Modifications

DevOpser retains ownership of any customizations or modifications made to its IaC scripts. Customers may use these modifications solely under the terms of their active subscription.

5. Security and Compliance

5.1 Security Measures

We adhere to the NIST Cybersecurity Framework (NIST CSF) and implement commercially reasonable technical and organizational measures to protect the Platform and your data. However, no system is completely immune to security threats.

5.2 Compliance

DevOpser makes good faith efforts to comply with applicable laws and maintain NIST CSF compliance. Notwithstanding these efforts, you acknowledge that the Platform may experience interruptions or security breaches, and no absolute guarantees are provided.

6. Refund and Cancellation Policy

We offer a three-day grace period from the initial activation or subscription date during which you may cancel your subscription for a full refund, excluding any usage overages incurred. In other words, you can spin up a site, evaluate it, and if you cancel within three days, you will receive a full refund of your subscription fees—provided that you have not incurred any usage-based charges (for example, if you incur $1,000 in data transfer costs during that period, you will be responsible for those charges). After the three-day grace period, refunds will not be provided once services have been rendered. For monthly or yearly subscriptions beyond the grace period, you may cancel at any time; however, no refunds will be issued for any unused portion of the current billing period.

7. Customer Support

7.1 Support Structure

Customer support for the DevOpser Platform is provided primarily through our AI chatbot available at devopser.io/docs.html and via our Slack community. We encourage customers to join our Slack community for timely assistance. You can sign up for our Slack community at https://join.slack.com/t/devopser-workspace/shared_invite/zt-2x1huo30z-anCLmWhdu9OLT6FBz7EoSQ. While email support via info@devopser.io remains available, it is not our preferred method of support. We aim to respond to inquiries through our preferred channels within one business day.

7.2 Service Level

The Platform is now generally available. While we make good faith efforts to address issues promptly—including critical issues as soon as possible—no formal Service Level Agreements (SLAs) or guaranteed response times are provided at this time.

8. Disclaimer of Warranties and Limitation of Liability

8.1 Disclaimer of Warranties

The Platform is provided "as is" and "as available" without any warranties, either express or implied. While we adhere to NIST CSF standards and strive to maintain a secure and reliable service, we do not warrant that the Platform will be uninterrupted, error-free, or secure from breaches.

8.2 Limitation of Liability

To the maximum extent permitted by law, DevOpser LLC, its affiliates, agents, directors, employees, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages arising from service interruptions, downtime, or data breaches, even if advised of the possibility of such damages. Your use of the Platform is at your sole risk.

8.3 Indemnification

You agree to defend, indemnify, and hold harmless DevOpser LLC, its affiliates, licensors, and service providers, as well as their respective officers, directors, employees, and agents, from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of your use of the Platform or breach of these Terms.

9. Data Handling and Privacy

We collect, store, and process customer data—including personal information—in AWS DynamoDB and our marketing CRM (Kit). For detailed information regarding our data collection, storage, and protection practices, please review our Privacy Policy, which is incorporated herein by reference.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

11. Severability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect. Any invalid or unenforceable provision shall be modified to the minimum extent necessary to render it enforceable.

12. Acceptable Use and Compliance

You agree that you will not use the AI App Hosting Platform or any associated services for any illegal purposes or in violation of any applicable U.S. Federal, State, or local laws. You further agree to comply with all applicable laws and regulations in connection with your use of the Platform. DevOpser LLC reserves the right to monitor your usage of the Platform from time to time to ensure compliance with these Terms and applicable law. If, in our sole discretion, we determine that your use of the Platform violates these Terms or any applicable law, we may suspend or terminate your access to the Platform without prior notice.

13. Contact Information

If you have any questions about these Terms, please contact us at info@devopser.io.

By using the DevOpser Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.