Terms of Use

DevBricks is an application which accelerates the process of software development by helping teams to produce high quality user stories and code. DevBricks integrates with project management, source control and chat platforms to provide effective communication with your project teams. In order to provide you with the best user experience and protect your interests, we require all users of the Site and/or App to comply with the following Terms of Use and the Privacy Policy.

Agreement

1. The following terms and conditions set out how DevBricks Pty Ltd ACN 666 567 942 of PO BOX 287, Lutwyche Qld 4030 ("DevBricks", "us", "we") operates and the manner in which you must engage with us if you choose to engage with us. It applies to our website (https://devbricks.ai/) and all related websites, applications, Services and tools ("Site and or App").

2. By visiting or using the Site &/or App, you agree to be bound by these Terms of Use and our Privacy Policy, and any other terms and conditions, notices and disclaimers displayed elsewhere on the site relating to your use of the Site &/or App ("Terms of Use"). You must be over 18 years of age to use DevBricks or have express parental/guardian consent, whereby your parent/guardian is also agreeing to abide by our policies and terms and indemnify us for your or their breach of any policies or terms.

3. We may change the Terms of Use at any time. If we do, an amended version of the Terms of Use will be posted on the Site &/or App. You are responsible for ensuring that you regularly review the Terms of Use and your continued use of the Site &/or App after any changes are made to the Terms of Use will be deemed to constitute your acceptance of those changes. If you object to any changes to the Terms of Use, or otherwise become dissatisfied with your membership of or engagement with our Services, the Site &/or App, your only remedy is to immediately discontinue your use of our Services, the Site and/or App and/or terminate your engagement with our Services in accordance with the Terms of Use.

Services and Features

4. When engaging in our Services as they are currently provided, you will be required to set up your own Microsoft Account and provide that Microsoft email address. Your first name and surname will be stored by us from your Microsoft Account and your address will be pulled from Google. We will also request your phone number and email address so we can contact you in relation to our Services, and confirm that any information you provide will be treated strictly in accordance with our Privacy Policy.

5. As the User, you will write a story relevant to the feature you would like built into the code, and then provide the acceptance criteria which goes into the story for the App to assess. Once the App generates the code, it will put the story and user acceptance into that code. You will then have access to tools such as Microsoft DevOps and Jira for backlog management.

6. The App analyses your code and re-writes it for you. It pulls the data in your code, analyses the system, isolates any issues that need fixing and fixes that issue within the feature. This data and code is then purged after 30 days automatically.

7. Given we only retain your generated code for a period of 30 days, you are solely responsible for ensuring you take a copy of the generated code within this time period as we cannot retrieve the code after that 30 days period.

8. As part of our Services, we offer an integration into Slack and the ability for the system to run a standup meeting too. Where you write stories into Slack, this transmits data between Azure Dev Ops, or you can write the stores in your own backlog platform and our system will push it into Azure DevOps. Given we do not have control over third party applications and what data they store, we are unable to delete your data out of Azure DevOps, Atlassian Jira, Slack, Stripe or Microsoft Teams as it is out of our control, therefore it is solely your responsibility to ensure the safety and security of your data stored with third parties connected to DevBricks and you hold us harmless for any issues, loss, cost or liability caused directly or indirectly by the integration with such third parties and/or their storage of your data.

9. Once you are logged in, there are four stages of development of new features to be added to our suite of Services. These stages are (1) In Progress; (2) Planned; (3) Client Recommended and (4) DevBricks Recommended. You can given feedback on which features you would like to see next and vote for that feature, knowing the feedback is public. There is no obligation on you to engage in this voting process - it is merely an option for those looking to assist us in understanding which features are most in demand.

10. We will charge you fees in the App based on a monthly subscription for access to the App and then the amount of features you require. We reserve the right to change these fees from time to time without notification to you and you are solely responsible for reviewing the Pricing on the Website as your ongoing use of the services is deemed acceptance of the pricing that applies at that point in time.

11. To the extent permitted by the Australian Consumer Laws and any other relevant law, we do not warrant that the products or services will be fit for purpose or of a particular merchantable quality. We do not facilitate refunds for change of mind, for your failure to get the proper approval within the business in which you are working, to engage with our services or for any other reason excluding those required by law.

12. Additional terms and conditions relating to any future features and services (including pricing for any future chargeable services) will be made available on the Site &/or App. Any such additional terms and conditions form part of the Terms of Use and your ongoing use of the Site &/or App will be deemed acceptance of the most recent version of the Terms of Use including any modification or additions thereto.

13. Should we choose in the future to implement a chargeable service or feature, we reserve the right to change the pricing for any chargeable service or feature on the Site &/or App at any time. If you are unhappy with a change of pricing, you are entitled to discontinue your use of the Site &/or App and terminate your engagement in accordance with the Terms of Use.

14. In the event of unusual activity, we reserve the right to temporarily or permanently suspend your account and contact you, or any other relevant third party to report such unusual activity. You agree to work with us to determine the cause for the unusual activity and assist us if necessary and requested to report on and resolve the issue.

15. While we use reasonable endeavours to ensure that the Site &/or App are available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to the Site &/or App may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control.

16. We reserve the right to change or discontinue any service or feature of the Site &/or App in whole or in part any time.

17. If the products are faulty or not performing to the standard described on the website, you agree to contact us so that we may investigate and hopefully fix the situation.

18. Where you believe there is an issue in the services you have purchased or they are significantly different to what you were anticipating from our marketing and/or information provided on our Site &/or App, please contact us to discuss the situation so that we can reach a suitable outcome in compliance with the Australian Consumer Laws.

Membership

19. By setting up a profile and engaging in our Services, you become a User of the Site &/or App, which we will refer to in these terms as your membership while you remain a User. You cannot engage with our Services without becoming a User, setting up your basic profile and providing the relevant data.

20. As a User, you will also have the ability to access features and Services available on the Site &/or App (such as all or any of the Services provided by DevBricks via the Application including mobile application, emails we send you and the information services, content and transaction capabilities on the Application (including the ability to make a purchase) or any chargeable service or feature that becomes available from time to time).

21. You will remain responsible for the security of your own account and any other additional account you or another member of your business, creates and hold DevBricks harmless for any compromise to your Azure DevOps account which may compromise the DevBricks system.

22. When registering as a User of the Site &/or App, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your Account page on the relevant Site &/or App.

23. Users may create more than one profile and will only be charged the one subscription fee for the Services engaged in. It is recommended that the User profile that will be paying for the subscription, is in the name of a person who has the authority to make payments on behalf of the person paying for that subscription and Services fees. We may at any time request a form of identification to verify your identity and/or your compliance with the Terms of Use.

24. All personal information you provide to us will be treated in accordance with our Privacy Policy.

25. You are responsible for maintaining the confidentiality and security of your login and password and wholly responsible for all activities that occur under your login and password. You agree to immediately notify us of any unauthorised use of your login or password. You must ensure that you exit from your account at the end of each session.

Subscriptions & Payments

26. To access our Services, you must pay a monthly subscription and additional fees for each other feature you request from our Services. You must ensure you have the financial means to meet the payments due under the subscription as and when they fall due.

27. The current pricing plan includes a $199/month upfront payment and this includes 5 free features. In addition to the subscription, you will also pay $20/month for each feature you request. Whilst the subscription is paid in advance, the feature payment is billed at the end of the month in arrears. You may pre-purchase a $500 system credit and this will entitle you to a discount of $2 per feature so that the cost of each feature covered by the upfront $500 credit, will be just $18/month per feature. Once the upfront credit has been used or not renewed in the following month, the cost of each feature returns to the standard $20/month per feature billed in arrears. We reserve the right to change our pricing at any time and will do so on the Site and/or App.

28. You may terminate your subscription by cancelling the subscription in your profile at least 5 business days prior to the renewal of the subscription billing period. Given the subscription is processed by Stripe not by us, we cannot waive this requirement. We do not store your credit card details – this is all stored in Stripe, therefore when entering your financial details, you are agreeing to the terms and privacy policy of Stripe and hold us harmless for any issues relating to your interaction with Stripe. We cannot delete any information you provide to Stripe or invoices generated by Stripe, as this data and is not within our control.

29. We reserve the right to charge dishonour fees and administration costs incurred where your payment cannot be processed, and to cause for Stripe to retry charging you again. In the event Stripe is unable to charge you after a period of 7 days from the due date of the fees owing, your DevBricks account will automatically be locked and will not be unlocked unless and until any outstanding amounts are paid in full including any associated fees as a result of the non-payment.

Online Payment Processing

30. In the event we chose to use another third-party payment facility service provider, we may provide such other provider for you to pay for any Services from us and you agree to operate in accordance with the terms of that payment gateway or facility, just as you are required to do so for Stripe.

31. We will not store any of your financial data such as passwords or credit card numbers on our website or in our systems - if you provide such details to Stripe or any other the third party payment facility service provider, they will be wholly responsible for appropriate storage of your data and you hold us harmless for any loss or damage you may suffer as a direct result of your use of that gateway or facility.

32. We will use best endeavours to provide a third-party payment facility that is reasonably priced, secure and easy to use however we cannot warrant their services and we reserve the right to change the third-party payment facility service provider at any time with no notice to you.

33. If you have an issue with Stripe or any future third-party payment facility, please make contact with us and we may assist where possible to have it resolved.

Use of the Site &/or App and Prohibited Activities

34. You agree not to use the Site &/or App or any of our social media applications, or in any forum where we are active (or contact any other member of our Site &/or App) to:

35. You also agree not to:

36. Unauthorised framing / linking to the Site &/or App is prohibited.

37. We have no obligation to monitor any User's engagement with our Site &/or App, however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request and ensure any User is acting in strict accordance with these Terms of Use and the Privacy Policy.

Intellectual Property

38. We (or one of our subsidiaries/associates) own and retain all proprietary rights in and relating to the Site &/or App. Proprietary rights in and relating to the Site &/or App must not be used in any way without our prior written consent.

39. Any code you generate will remain your sole intellectual property, or the intellectual property of the person or business for whom you generated that code, as the case may be.

40. You warrant that any content that you post or transmit on the Site &/or App, or otherwise transmit to any other member of our Site &/or App by any means whether on social media applications or any forum online or in person, will not infringe the intellectual property rights of any third party.

41. Subject to our obligations under Privacy Policy you grant us the right to use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, your content posted on our social media applications or any forum online or in person when speaking about our Services or DevBricks in any capacity whether directly or indirectly, and for any purpose. You warrant that you have the right to grant us such rights.

42. No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any content posted or transmitted on our Site &/or App, or otherwise transmitted to any member of our Site &/or App, other than their own content, without our express written permission.

43. If you believe that any content has been posted or transmitted on the Site &/or App, or otherwise transmitted to any member of our Site &/or App by any other means, in violation of your rights, please send us an email via the Contact Uspage.

External Activities

44. From time to time, we may promote, advertise, or sponsor functions, events, offers, products, services, competitions or other activities that may be conducted offline and may be conducted by third parties ("External Activities").

45. External Activities may be subject to separate terms and conditions. You acknowledge that you participate in any External Activities entirely at your own risk.

46. In relation to External Activities conducted by any third party (even if such third party has been contracted by us or we are associated with such activity), we do not accept any liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation in such External Activities.

47. In relation to External Activities conducted by us, to the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Terms of Use, might apply in relation to your participation in relation to such External Activities. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for your participation in the event.

Third Party Websites, Apps and Integrations

48. From time to time, the Site &/or App may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of the Site &/or App and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third party websites you leave the Site &/or App entirely at your own risk.

49. From time to time, the Site &/or App may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

50. Given our Services integrate with several other third-party providers, when you accept our Terms of Use, you are also agreeing to accept the Term of Use and Privacy Policy for each of the integration partners including but not limited to:

Limitation of Liability and Indemnity

51. You acknowledge that you use the Site &/or App at your own risk.

52. You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the Site &/or App, or any other members' or third party suppliers' use of or conduct in connection with the Site &/or App, in any circumstance.

53. We have built blockers into our system to safeguard against exporting chat so the system will only generate code. If there was an issue, a failure mechanism sends a message saying “unable to generate code”. You acknowledge that any code generated MUST be reviewed by your own developer to ensure it is correct and fit for the purpose you intended it to be used for. We bear no responsibility for your failure to blindly apply generated code without having it reviewed by a developer that understands how to review code to a professional standard. Your use of DevBricks is subject to your acceptance of the strict requirement to have the code reviewed by your own developer and to not push the code to a production environment unless and until you are complete satisfied that the code generated and reviewed by your developer is satisfactory to go to production. You hold us harmless for your failure to comply with this condition and indemnify us for any loss, damage cost or expense caused to you or any third party as a result of this failure.

54. You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Site &/or App, including any breach by you of the Terms of Use.

55. To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Terms of Use, might apply in relation to your use of the Site &/or App. In particular, we do not make any representations or warranties that the Site &/or App will be uninterrupted or error free. Nor do we make any representation or warranty about the likelihood of any outcomes of your use of the Site &/or App.

56. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature on the Site &/or App purchased by you during the term of your membership.

57. In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.

Termination and suspension

58. You may terminate your membership of the Site &/or App for any reason only by providing written notice to us. You can provide notice of termination by:

59. Upon receiving your request to terminate your account, we will raise a support ticket to manage this process and anticipate it will be completed within 30 days of receipt of your request. The reason we allow for 30 days is that our system stores the code you have generated for a period of 30 days, therefore account closure may be much faster where you have not generated any code. Where you have generated code, we allow your account to remain open for that 30 day period from code generation date, just in case you change your mind and need access to the code, noting we cannot retrieve it for you after this point in time.

60. We reserve the right to, without limitation, do any or all of the following in relation to your membership:

General

61. No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the Terms of Use or your use of the Site &/or App.

62. The Terms of Use represent the entire agreement between you and us regarding your use of the Site &/or App. No other discussion, agreement, understanding or representation will be relevant unless it is specifically addressed in these Terms of Use, the Privacy Policy or any update to either in the future.

63. If any provision of the Terms of Use is held to be invalid, that provision may be severed such that the remainder of the Terms of Use shall continue in full force and effect.

64. You agree that the Terms of Use will be governed by the laws of Queensland.