Terms & Conditions

These Terms & Conditions (“Terms”) govern the use of services provided by ASK Technologies Inc (“Company”, “we”, “our”, or “us”) to you (“Client”, “you”, or “your”). By engaging our services, you agree to be bound by these Terms.

1. Services Provided

We provide both managed and non-managed hosting solutions, fractional CTO and project management services, software development, and hosted Odoo systems (collectively, the “Services”). The specific scope of Services will be set out in a separate agreement, statement of work, or invoice issued to you.

2. Third-Party Providers

You acknowledge and agree that the Company may use third-party infrastructure, service providers, contractors, and vendors in delivering the Services, including but not limited to hosting, cloud infrastructure, software development, and support. While we endeavor to select reputable and reliable third parties, we do not warrant and are not responsible for the performance, availability, or security of third-party services. Your use of the Services is subject to the terms and conditions of such third-party providers, which we may pass through to you where applicable.

3. Fees and Payment

You agree to pay the fees as specified in our proposal, statement of work, invoice, or other written agreement. All fees are due within the payment terms specified therein. Late payments may be subject to interest charges at the maximum rate permitted by law, as well as suspension of Services until full payment is received. All fees are exclusive of applicable taxes, which you are responsible to pay.

4. Acceptable Use

You agree to use the Services only for lawful purposes and in compliance with all applicable laws and regulations. You are strictly prohibited from using the Services to engage in, promote, or facilitate any illegal, fraudulent, or abusive activities, including but not limited to: distributing malware, unauthorized access to networks, spamming, harassment, intellectual property infringement, or activities prohibited by applicable export laws. We reserve the right to investigate any suspected violation of this section and may suspend or terminate your Services immediately, without notice or refund, if we determine in our sole discretion that you have engaged in prohibited activities.

5. Intellectual Property

Unless otherwise agreed in writing, all intellectual property rights in materials, software, documentation, and deliverables created or provided by the Company remain the property of the Company or its licensors. You are granted a limited, non-exclusive, non-transferable license to use such deliverables solely for your internal business purposes. You warrant that any materials you provide to us do not infringe the rights of any third party.

6. Confidentiality

Each party agrees to keep confidential and not disclose to any third party any confidential or proprietary information received from the other party in connection with the Services, except as required by law or as necessary to perform its obligations hereunder.

7. Data and Privacy

You are solely responsible for the legality, integrity, and security of data you provide to us or store through our Services. While we take reasonable steps to protect data in our possession, we are not liable for loss or compromise of data due to factors beyond our reasonable control, including actions or omissions of third-party providers. You are responsible for compliance with all applicable data privacy and protection laws.

8. Warranties and Disclaimers

The Services are provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure.

9. Limitation of Liability

To the maximum extent permitted by law, our total liability to you for any claim arising out of or relating to the Services shall not exceed the total amount paid by you to us for the Services giving rise to the claim during the three (3) months preceding the event giving rise to liability. We shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, revenue, or data.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, employees, agents, and contractors from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Services, your breach of these Terms, or your violation of any applicable laws or regulations.

11. Termination

Either party may terminate the Services for convenience upon thirty (30) days’ prior written notice. We may also suspend or terminate the Services immediately if you breach these Terms, fail to pay amounts due, or use the Services in violation of applicable laws or regulations. If your account is terminated for cause, including violation of Section 4 (Acceptable Use), you are not entitled to any refund of fees paid. Upon termination, you remain responsible for all amounts due up to the date of termination.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of California.

13. Miscellaneous

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, and representations. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach or default shall constitute a waiver of any subsequent breach or default.

14. Reporting Abuse

We take reports of abuse very seriously. If you have found any concerning activity emanating from any of our systems or services, please notify us immediately at abuse@devhost.io - We really appreciate such reports!

For any questions regarding these Terms, please contact us at support@devhost.io.

Effective Date: January 1, 2025