DEVO – WEBSITE TERMS AND CONDITIONS Identification This Site is operated by Devo, Inc (“Devo”). Address: USA: Devo Technology, Inc, 255 Main St Suite 702 Cambridge, MA 02142 EMEA and Rest Of World: Devo Inc, Spanish Branch, 3-5 Calle Estebanez Calderon, 5th Floor, 28020 Madrid, Spain Tax ID: W-4008477-D. Registered in the Madrid Commercial Registry: Folio 1, Volume 28868, Page M-519.809, 1st inscription. Contact: [email protected] Agreement. Use of the Website indicates that you agree to be bound by these Terms. Breach of any part of the Terms may result in suspension or termination of your Devo account. You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into these terms. A. Us Purpose. This website describes our activities, offer of products and services, community relations and networking. Through the app.Devo.com subsite, we enable users to access and temporarily use our Devo demo service (“Demo Service”), subject to these Terms or subscribe to paid-up services under specific terms available there. Website content. We own or are licensee of all intellectual and industrial property rights in the website content, Devo software and Demo Service. Access to and use of our web content and/or services does not imply any transfer of all or part of these rights to you. Trademarks. You will not use our trademarks, trade names, logos, domain names, other distinctive brand features or any copyrighted material or materials which are associated with the Devo software and/or services without our prior express written consent. Privacy policy. Our privacy policy is part of these Terms, is expressly incorporated herein and is set out at the following page: Privacy Policy. B. You Use of the Website and Services. You agree to use the Website and the Services in accordance with these Terms and applicable law. Specifically, you will not publish content in interactive areas (Wiki, blogs, forums, etc.) that is illegal in accordance with any federal, state, national, international or European Community law nor any content that violates good faith or any third party rights (including without limitation intellectual property rights, image rights and reputation) User Content. You are solely responsible for all data and materials that you transmit to us or upload, post or otherwise publicly make available on the Website. Except with regard to data provided through the Demo Service you grant us a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, transform, publicly communicate and distribute any such content for the purposes of (i) displaying it on our Site, or (ii) distributing it, either electronically or via other media, to other Users. In no circumstances shall such content be attributable to us. You represent and warrant that you have obtained all necessary consent for making available such content on the Website. Responsibility for content. We do not control or supervise any user content, except when required to by applicable law or competent court or administrative decision. We do however reserve the right to eliminate at any time any content that infringes or may infringe these conditions or prevent its display until proof is provided of ownership of the material, authority to make available such material or the legality of its content. Exclusion. We reserve the right to exclude any User from the Website and Services without prior warning should he/she breach these Terms. C. Services. Registration. To benefit from our services (including both Demo Service or paying client) you must register and create an account by completing the corresponding form with your details and agreeing to these Terms. The passwords are confidential and it is your responsibility to safeguard and ensure their correct use. You agree to notify us immediately upon learning of any unauthorized use of your Account or any other breach of security known to you. Authorization. On confirmation of the account, you are granted a limited, revocable, non-exclusive and non-transferable license to use the Service in accordance with these Terms and any specific terms or conditions (any specific terms shall prevail). Term. The account shall be activated and remain in force unless terminated by either us or you hereunder. You may cancel your account at any time. All cancelations should be addressed to: [email protected]. We may suspend or cancel your registration immediately in case of breach by you of these Terms, by written notice. We may provide you 30 days’ notice of termination in any other circumstance. On termination for any reason, your access to your account and all of its content will be disabled and your content deleted, except as maintained in backups (for back-up retrieval purposes only or for any contingency). Responsibility and Use. You are responsible for all activities undertaken under your account. You agree not to use the Services for any illegal or unauthorized purpose or any activity that infringes third party rights. You may not use the Service for commercial purposes or in any manner that may deteriorate the service. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) or any specific conditions agreed with Devo or our partners. You agree to indemnify and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of the Services. Privacy. See our Privacy Policy, incorporated to these conditions by reference. Support. We try to provide our online Services 24/7, however due to maintenance, security or capacity issues, and also to some events over which we may not influence (force majeure), the Website and Services may be temporally suspended or affected. Demo Service. You can register for our demo services (“Demo Service”) according to these conditions. You may not use the Demo Service for live commercial purposes. The term of use is 30 days, or as otherwise indicated on the Demo Service web page. The Demo Service is a work in progress, and we reserve the right to modify, suspend, or discontinue the Demo Service at any time for any reason. Notice of any suspension or termination will be given in accordance with these terms. We try to provide access to the Demo Service immediately. We reserve the right to refuse the Demo Services to anyone for any reason or no reason. D. General Links. Our Site contains links to third party Internet sites. We make no representation whatsoever nor accept any responsibility about such sites nor do we have any control over them. Any third-party content or a link to a third-party site is for informational purposes only. No warranty. Except as established by mandatorily applicable law, your use of the Website or Services, including any content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not provide any warranties in respect of the Demo Service which is for evaluation only. Liability limitation. To the maximum extent permitted by law, and unless otherwise indicated in writing by Devo, in no case will Devo, its affiliates nor its sponsors be held responsible or liable for any direct or consequential loss, including without limitation, damages, loss of profits, loss of business goodwill or reputation, business interruption, equipment failures or other damage or loss, arising out of or relating in any way to (i) the use or the inability to use the website and service; (ii) unauthorized access to or alteration of your transmissions or data; or (iii) statements or conduct of any third party on the website. Indemnification. You agree to indemnify Devo, and its agents, directors, officers, employees and partners against any loss, liability or cost arising out of your breach of any of these Terms or of any applicable laws, rules or regulations or any third party rights in connection with your use of the Website and/or Services. Contact and notifications. You agree to receive our email notifications related to the website and services. We will not share your email with 3rd parties. We may contact you for information and service notifications relevant to your account or when required by law. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Sites or delivering them to You through e-mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. Applicable Law and Jurisdiction. Any conflict arising out of or in relation to the application, interpretation or performance of these Terms and the use of the Website and Services, will be submitted exclusively to the jurisdiction of the Courts of Madrid, Spain. Contact. Any questions regarding Devo, our products and services or these Terms should be addressed via the online web form or to [email protected]. Version: June 2020