Terms of Service | devlin.ai

Last updated: May 14, 2026 6:21 PM

Please read this Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://devlin.ai website (the “Website”) operated by DEVLIN.AI LLC, a(n) Limited Liability Company formed in Oregon, United States (“us”, “we”, “our”) as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

Our services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), Family Educational Rights and Privacy Act (FERPA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA). You are responsible for ensuring that the simulations you create and deploy, and the data you and your learners submit through them, do not include protected health information, regulated financial information, or other data subject to industry-specific regulatory regimes.

Our offers and pricing

We offer services and digital products on this Website.

The price of these services and digital products can be found listed on the Website. This price does not include taxes or other fees that you may be charged.

Purchases

When you make a purchase on the Website, you will be using a third party payment processor, Stripe, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by Stripe. The following payment method(s) are accepted by the third party payment processor: American Express, bank transfer, Discover, MasterCard, and Visa.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor is true, correct and complete.

Cancellation policy

We do not offer you the ability to cancel any purchases that you have made of the services and digital products offered on our Website. We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will not provide you with any notice prior to cancelling your purchase. We will issue a partial refund of the purchase price that you paid if we cancel your purchase.

Refund policy

We do not offer refunds on any purchases made of the services and digital products offered on our Website.

NO WARRANTY ON PURCHASES

THE ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE ARE PROVIDED “AS IS”. NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Remedies

You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. This remedy is intended to be your sole and exclusive remedy for any breach of this Terms of Service as it relates to your purchase.

Subscriptions

This Website features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service. The initial term of the subscription is 1 month or 1 year, depending on what you select when you purchase the subscription.

WE DO NOT OFFER THE OPTION TO REVOKE YOUR SUBSCRIPTION SHORTLY AFTER MAKING YOUR PURCHASE.

THERE IS NO MINIMUM PURCHASE REQUIRED TO QUALIFY FOR THE SUBSCRIPTION.

AUTOMATIC RENEWALS OF SUBSCRIPTIONS

WHEN YOU PURCHASE A SUBSCRIPTION ON THE WEBSITE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW EVERY MONTH OR EVERY YEAR, DEPENDING ON WHAT YOU SELECT. WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION BY USING THE PAYMENT METHOD ON FILE UNTIL YOU CANCEL YOUR SUBSCRIPTION.

YOU MAY CANCEL THE AUTOMATIC RENEWALS OF YOUR SUBSCRIPTION VIA THE FOLLOWING MEANS:

EMAIL: DEVLIN@DEVLIN.AI
THROUGH THE WEBSITE OR APPLICATION

PLEASE NOTE THAT YOU WILL NO LONGER RECEIVE THE ITEMS OR SERVICES PROVIDED BY THE SUBSCRIPTION ON YOUR CANCELLATION EFFECTIVE DATE.

THE CANCELLATION OF THE AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION WILL BECOME EFFECTIVE IMMEDIATELY.

Accounts

When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us.

Comments and uploading content

By submitting a comment or uploading content onto this Website, you grant DEVLIN.AI LLC a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the comment or content. When you make a comment or upload any content onto this Website, you agree that such comment or content may be viewed by other parties and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or comment does not violate any laws, rules or regulations. We reserve the right to remove any content or comment at any time in our sole discretion.

The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Website:

Content that harasses others
Swearing, name calling and otherwise abusive content
Content displaying, depicting or suggesting violence
Content encouraging or committing illegal acts
Content infringing on someone's rights, including intellectual property rights
Content that is discriminatory or offensive
Pornographic or sexually explicit content
Content that exploits or abuses children
Content sharing personal information without consent
Content advertising products or services without our permission
Content whose purpose is spamming others

Credits and billing

Your use of devlin.ai is measured in credits. Upon creating an account, you receive a one-time grant of free credits. Additional credits may be purchased through the platform or included as part of a paid subscription plan. Credits are consumed when simulations generate AI responses and when other credit-metered features are used.

All credit purchases and subscription payments are final and non-refundable. If we cancel a purchase, any refund will be limited to the value of credits that remain unused at the time of cancellation; credits already consumed are not refundable. Credits have no cash value and cannot be transferred to another account.Free credits granted upon account creation do not expire. Credits included with a monthly subscription plan remain available for approximately three (3) months from the date they are granted, and credits included with an annual subscription plan remain available for approximately twelve (12) months from the date they are granted; unused subscription credits expire after the applicable period and are forfeited. Credits purchased as one-time top-ups expire twelve (12) months from the date of purchase. We may change these credit validity periods on a prospective basis.

We reserve the right to modify credit pricing, credit consumption rates, and subscription fees at any time. We will provide at least 30 days' notice before any subscription price change takes effect for existing subscribers. We may estimate and reserve credits before generating a response and settle the final amount afterward; your balance will not be permitted to go below zero.

NO WARRANTY ON WEBSITE

THIS WEBSITE IS PROVIDED “AS IS”. NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Availability, errors and inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

DAMAGES AND LIMITATION OF LIABILITY

IN NO EVENT SHALL DEVLIN.AI LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF DEVLIN.AI LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE AGGREGATE LIABILITY OF DEVLIN.AI LLC ARISING OUT OF OR RELATING TO THIS WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY DEVLIN.AI LLC FROM YOU.

THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF DEVLIN.AI LLC .

IF, DESPITE THE LIMITATION ABOVE, DEVLIN.AI LLC IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF DEVLIN.AI LLC WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO DEVLIN.AI LLC IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE.

Links to third party websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are © 2026 DEVLIN.AI LLC or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of DEVLIN.AI LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of DEVLIN.AI LLC or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Devlin Peck at devlin@devlin.ai.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
Your name, email, address and telephone number; and
A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

DEVLIN.AI LLC
Devlin Peck
devlin@devlin.ai
3525371899
4821 NE 16TH AVE PORTLAND, OR 97211
United States

Governing law, severability, dispute resolution, venue and class action waiver

These Terms shall be governed and construed in accordance with the laws of the state of Oregon, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in MULTNOMAH County, Oregon.

YOU AND DEVLIN.AI LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

Impersonating or attempting to impersonate DEVLIN.AI LLC or its employees, representatives, subsidiaries or divisions;
Misrepresenting your identity or affiliation with any person or entity;
Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
Otherwise attempting to interfere with the proper working of the Website;
Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

Additional prohibited activities on devlin.ai platform

In addition to the prohibited uses described above, and because the Services include a credit-metered, AI-powered simulation platform, you also agree not to:

Circumvent, or attempt to circumvent, credit limits, rate limits, embed-key validation, usage metering, or other platform safeguards.
Reverse-engineer, decompile, disassemble, scrape, or attempt to extract or discover the source code, underlying AI models, system prompts, prompt templates, or internal instructions of the Services, except to the extent expressly permitted by applicable law.
Resell, sublicense, rent, lease, or otherwise redistribute access to the Services, or to content generated through the Services, without our authorization.
Use the Services as part of any effort to compete with us, or to build a competing product or service.
Systematically retrieve data or content from the Services to create or compile a collection, compilation, database, or directory without our written permission.
Use the Services to generate, create, or distribute content that is harmful, abusive, threatening, harassing, hateful, defamatory, obscene, discriminatory, or otherwise objectionable.
Use the Services to generate content that impersonates real individuals without their consent.
Use the Services to produce content, or to deploy simulations, that violate any applicable law or regulation.
Use the Services to provide professional, legal, medical, financial, or compliance advice as a substitute for qualified professionals.
Sell or otherwise transfer your account or profile.

User representations

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside, and you are at least 18 years old; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise, except through interfaces and integrations we expressly provide; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

Organizations / team accounts

We may make the Services available to organizations or teams, in which case an organization administrator may invite, manage, and remove members, and may have access to simulations and usage associated with the organization's workspace. If you use the Services as part of, or on behalf of, an organization, you represent that you are authorized to do so, and these Legal Terms bind both you and that organization.

Designers, learners, & your responsibilities

The Services involve two types of users. A "Designer" is an account holder who creates, configures, and deploys learning simulations. A "Learner" is an end user who interacts with a simulation that a Designer has made available, typically through an embedded widget, and generally without their own account.

If you are a Designer, you are solely responsible for the simulations you create and for the manner in which you deploy them, including:

ensuring you have all rights necessary to the scenarios, instructions, and materials you provide;
reviewing, testing, and approving all simulation content before deploying it to Learners (see "AI-GENERATED CONTENT");
providing your Learners with appropriate notice and obtaining any consent required by applicable law before directing them to a simulation, including notice regarding the AI-powered nature of the simulation and the processing of their interactions;
not configuring simulations to solicit, and instructing your Learners not to submit, sensitive, regulated, or special-category personal information;
complying with all laws, regulations, institutional policies, and third-party terms applicable to your use of the Services and to the courses or platforms in which you embed simulations.

With respect to the conversation data generated when your Learners interact with your simulations, you act as the party that determines the purposes of that processing, and we process that data on your behalf to provide the Services. You are responsible for the lawful basis for that processing and for responding to your Learners' requests regarding their data, with our reasonable assistance.

If you are a Learner, your use of any simulation made available to you is also subject to these Legal Terms, including the "PROHIBITED ACTIVITIES" section. Your relationship regarding the course or program in which the simulation appears is with the Designer or their organization, not with us.

Term & termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Upon termination, your right to use the Services will immediately cease. Provisions of these Legal Terms that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, limitations of liability, indemnification, and dispute resolution.

AI-generated content

Simulations and content created and delivered through devlin.ai use artificial intelligence to generate responses. AI-generated content may not always be accurate, complete, current, or appropriate, and may produce outputs that are unexpected or that do not reflect your instructions. You are solely responsible for reviewing, testing, and approving all simulation content and behavior before deploying it to Learners, and for monitoring it thereafter.

devlin.ai does not provide professional, legal, medical, financial, compliance, or any other specialized advice through its simulations, and simulations must not be presented to Learners as a substitute for qualified professional judgment. You are responsible for any decisions made, or actions taken, by you or your Learners in reliance on AI-generated content.

Embedding & third-party course platforms

The Services allow Designers to embed simulations into their own websites, courses, and learning platforms, including third-party course authoring tools and learning management systems such as Articulate Storyline and Rise 360. The Services may provide an embed widget and integration code for this purpose.

The embed widget may transmit data between the simulation and the host page or course, including variable updates, completion status, scores, and similar values used to integrate the simulation with course logic. You are responsible for the configuration, security, and lawful operation of any website, course, or platform in which you embed a simulation, and for the placement of the embed code. We do not control, and are not responsible for, third-party authoring tools, learning management systems, hosting environments, or course content, and inclusion of an integration for any third-party platform does not imply our endorsement of it.

You are responsible for keeping your embed keys and integration credentials confidential and for all activity occurring under them. We may rate-limit, suspend, or revoke embed access to protect the integrity, security, and availability of the Services.

Voice mode

Certain simulations may offer a voice mode that enables spoken interaction between Learners and simulations. Voice mode is powered in part by third-party service providers. When voice mode is used, audio and related data may be processed by those providers to deliver the feature. If you enable voice mode for a simulation, you are responsible for providing your Learners with any notice and obtaining any consent required by applicable law for the recording or processing of voice interactions. Voice mode is provided subject to the same disclaimers and limitations as the rest of the Services.

Conversation and Learner data

We store conversation data generated when Learners interact with simulations created on devlin.ai in order to provide the Services, support Designers, and maintain and improve platform reliability and security. Conversation data is not used to train AI models.

As described in the "DESIGNERS, LEARNERS, AND YOUR RESPONSIBILITIES" section, Designers are responsible for the lawful basis for the collection and processing of Learner interactions with their simulations and for providing appropriate notice to their Learners. You may request deletion of conversation data associated with your account by contacting devlin@devlin.ai. For full details on how we collect, use, and protect information, see our Privacy Policy at https://devlin.ai/privacy.

Software

We may include or make available software for use in connection with the Services, including embed widgets and integration code. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of that software. If such software is not accompanied by a EULA, then we grant you a non-exclusive, revocable, non-transferable license to use such software solely in connection with the Services and in accordance with these Legal Terms. Any software and related documentation is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.

Services management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any content you submit or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT, INCLUDING AI-GENERATED CONTENT, OR THE CONTENT OF ANY WEBSITES OR APPLICATIONS LINKED TO THE SERVICES, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Service availability & modifications

The Services are provided on an "as is" and "as available" basis. We do not guarantee uninterrupted or error-free access to the Services, and we do not provide any service level commitment unless separately agreed in writing. We may perform maintenance, updates, or modifications at any time. We are not liable for any downtime, data loss, or service interruptions, except to the extent prohibited by applicable law.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, members, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) Your Content or other content you submit; (2) your use of the Services; (3) the simulations you create and the manner in which you deploy them, including to your Learners; (4) your breach of these Legal Terms; (5) any breach of your representations and warranties set forth in these Legal Terms; (6) your violation of the rights of a third party, including but not limited to intellectual property rights or privacy rights; or (7) any overt harmful act toward any other user of the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

License to use the services; your content; submissions

Subject to your compliance with these Legal Terms, including the prohibited-use provisions, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to use the Content and functionality to which you have properly gained access, solely for your internal business purpose of creating, configuring, and deploying learning simulations and, where applicable, for learners to interact with simulations made available to them.

Except as set out in these Legal Terms, no part of the Services and no Content, trademarks, or logos may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We reserve all rights not expressly granted to you in and to the Services and Content.

Any breach of our intellectual property rights will constitute a material breach of these Legal Terms, and your right to use the Services will terminate immediately.

You retain ownership of the scenarios, prompts, instructions, simulation configurations, branding assets, and other material you create or upload through the Services ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, display, and transmit Your Content solely as necessary to provide, maintain, secure, and improve the Services for you, including generating AI responses and making your simulations available to the learners you designate.

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Privacy policy

We care about data privacy and security. Please review our Privacy Policy at https://devlin.ai/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

Electronic communications, transactions, & signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

California users & residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Additional general terms

We may assign any or all of our rights and obligations under these Legal Terms to others at any time. You may not assign or transfer your rights or obligations under these Legal Terms without our prior written consent.

We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms or your use of the Services.

You agree that these Legal Terms will not be construed against us by virtue of our having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of a physical signature by the parties to execute these Legal Terms.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.

Questions

If you have any questions about our Terms of Service, please contact us at devlin@devlin.ai.