Last Updated: November 6, 2023
This document, titled "Terms & Conditions for Subscription Software" (referred to as the "Agreement"), constitutes a legally binding contract between DevWrits, a software-as-a-subscription company headquartered in Tokyo, Japan ("DevWrits"), and the Client, whether an individual or acting on behalf of an organization ("Client"). This Agreement governs the use of DevWrits' subscription software services, which are accessible through the website: https://www.devwrits.com/ (referred to as the "Website"), as well as through associated media forms, channels, mobile websites, or mobile applications. By accessing and utilizing the Website and its services, the Client acknowledges and accepts the terms and conditions outlined in this Agreement. Failure to adhere to these terms will result in the termination of the Client's access to the Website, thereby concluding the relationship between the Client and DevWrits, except for any outstanding payment obligations owed to DevWrits for services rendered.
1. Intellectual Property Rights
Unless explicitly stated otherwise, the Website, encompassing source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively referred to as "Content"), as well as associated trademarks, service marks, and logos ("Marks"), are the exclusive property of DevWrits. These intellectual properties are safeguarded by copyright, trademark, and other pertinent intellectual property laws and regulations of Japan and international conventions. The Content and Marks are provided "As-Is" for the Client's personal use and information only. Without written permission from DevWrits, the Client is prohibited from copying, reproducing, aggregating, republishing, uploading, posting, displaying, encoding, translating, transmitting, distributing, selling, licensing, or otherwise exploiting any part of the Website, Content, or Marks for commercial purposes. DevWrits retains all rights associated with the Website, Content, Marks, databases, and backend infrastructure.
2. Ownership of Materials
Except for DevWrits' ownership of Submissions (as elaborated in Section 4, "Client Feedback"), all design and original source files developed on behalf of the Client ("Projects") are the exclusive property of the Client. The Client holds full copyright ownership of all Projects. In the rare circumstance where legal action would transfer ownership of a Project to DevWrits instead of the Client, DevWrits unconditionally and perpetually assigns its entire interest in the Project to the Client without any limitations. The Client certifies that all materials furnished to DevWrits during the development process are owned by the Client and do not infringe upon or misappropriate any third party's rights, including intellectual property rights and the right of publicity. DevWrits reserves the right to publicly showcase the Client's development work unless otherwise agreed upon as stipulated in Section 18 of this document.
3. Third-Party Software
In instances where a Project incorporates third-party software not owned by DevWrits, and if the Client requires a license for the legal reproduction, distribution, or public display of the Project (referred to as "Third-Party Software"), DevWrits will notify the Client in writing about the inclusion of Third-Party Software and the necessity to comply with the licensing requirements set forth by the rights-holders. This notification will encompass details to assist the Client in identifying the required licenses and the procedure for obtaining them. It is the Client's responsibility to obtain the necessary licenses for any Third-Party Software incorporated into a Project if DevWrites provides such notification. DevWrits bears no responsibility for the consequences of the Client's failure to adhere to the licensing requirements related to Third-Party Software integrated into a Project.
4. User Representations
By using the Website, the Client represents and warrants the following:
5. Prohibited Activities
The Client shall use the Website exclusively for its designated purpose. The Website must not be employed for commercial activities unrelated to services provided by DevWrits. The Client agrees to abstain from the following actions: