Terms of Use

Last Updated: May 15, 2026

AGREEMENT TO TERMS

These Terms of Service (“Terms”) constitute a legally binding agreement between you (whether personally or on behalf of an entity) and Devenio, LLC, doing business as Devenio Plus (“Devenio Plus,” “we,” “us,” or “our”), governing your access to and use of our website and any related services, including but not limited to graphic design, web development, video post-production, and marketing operations subscription services (collectively, the “Services”). By subscribing to or using our Services, you agree that you have read, understood, and agree to be bound by these Terms.

If you do not agree with all of these Terms, you are expressly prohibited from using the Services, and you must discontinue use immediately.

We reserve the right to modify these Terms at any time. Changes will be reflected in the “Last Updated” date above, and it is your responsibility to review these Terms periodically. Your continued use of the Services after any changes signifies acceptance of the updated Terms.

1. SERVICES & SUBSCRIPTIONS

Devenio Plus provides creative services through subscription plans tailored to businesses. The details of each plan, including deliverables and turnaround times, are outlined on our website or in your service agreement.

Request Submissions & Workflow: Clients may submit unlimited requests under their subscription plan. However, only one request may be active at any given time. Once a request is marked as complete, the client may submit a new request or revision.
Turnaround Time: Standard turnaround times depend on the complexity of the request and the current queue. Estimated timelines are outlined in each subscription plan.
Major Scope Changes: Any major changes beyond the agreed-upon deliverables for any given request may require extended turnaround times to accommodate the additional work.
Marketing Operations Services: Where the Services include Marketing Operations (such as work within a client’s HubSpot or other marketing automation, CRM, or analytics platform), the client agrees that Devenio Plus will be granted limited, role-appropriate access to such systems for the sole purpose of performing the contracted Services. Devenio Plus will only access, process, or modify data within the scope authorized by the client. Where Devenio Plus processes personal data on the client’s behalf as part of these Services, the parties will execute a Data Processing Addendum (“DPA”), which is incorporated into and forms part of these Terms with respect to such processing.

2. PAYMENT & BILLING

Subscription Payments: Payments for subscriptions are billed on a recurring basis (monthly, quarterly, or annually) based on your selected plan. Charges are processed automatically using the payment method on file unless canceled before the next billing cycle.
Non-Refundable Payments: Payments are due in advance and are non-refundable unless explicitly stated.
Late Payments: Failure to make timely payments will result in service suspension or termination.
Payment Methods: We accept Visa, Mastercard, American Express, PayPal, and ACH transfers.
Price Changes: Devenio Plus reserves the right to change subscription fees with prior notice.

3. CANCELLATION & TERMINATION

Client Cancellation: You may cancel your subscription at any time. Cancellations take effect at the end of the current billing cycle; refunds for unused time are not provided.
Effect of Cancellation: Clients will have full access to their subscription services for the remainder of their subscription term after cancellation. No new billing will occur after cancellation, but services will remain available until the end of the paid period.
Termination by Devenio Plus: We reserve the right to terminate or suspend services in cases of non-payment, breach of these Terms, misuse, or any conduct deemed inappropriate or harmful to our business.
Effect of Termination: Upon termination, you lose access to our Services, and any remaining work may not be completed.

4. OWNERSHIP & USAGE RIGHTS

Final Deliverables: Upon completion of a request, you receive full usage rights to the final deliverables.
Stock Assets & Licensing:
- Stock Images: Devenio Plus provides access to stock images as part of your subscription. These images may be used in graphic design and web development projects without additional cost.
- Stock Video Footage: Stock video footage is not included in the subscription at no additional charge. Clients requiring stock footage for video projects may purchase it at a discounted rate through Devenio Plus. Any stock footage used in a final deliverable will require an additional licensing fee.
- Third-Party Licenses: Any stock assets provided through Devenio Plus are subject to the terms and conditions of the original stock provider’s license. Clients are responsible for ensuring their use of stock content complies with applicable licensing terms.
Portfolio & Usage Rights: We reserve the right to use completed work for promotional purposes, internal training, case studies, or other business-related uses unless otherwise agreed in writing.
Source Files: Raw project files (e.g., design files, working files) remain the property of Devenio Plus unless otherwise agreed upon in writing. Additional fees may be required for access to these files.

5. CLIENT RESPONSIBILITIES

Timely Feedback: Clients must provide necessary assets, approvals, and feedback in a timely manner to ensure smooth execution. Any delay in the delivery of required assets for a project will result in timelines being pushed back accordingly, and Devenio Plus is not responsible for any missed deadlines due to such delays.
Content Rights: Clients are responsible for ensuring they have the legal rights to any third-party content provided for use in projects. Devenio Plus is not responsible for any copyright claims, disputes, or legal actions arising from the use of client-provided content in final deliverables. Clients agree to indemnify and hold Devenio Plus harmless from any claims related to intellectual property violations resulting from assets submitted for use in projects.
Delays: Delays caused by the client may impact project timelines and service efficiency.

6. CONFIDENTIALITY & DATA SECURITY

Confidentiality: We respect client confidentiality and will not disclose sensitive information without written consent.
Data Security: Devenio Plus takes reasonable measures to protect client data, including secure storage and encryption where applicable. However, clients acknowledge that no digital system is completely immune to security risks. While we strive to maintain the highest security standards, Devenio Plus cannot guarantee absolute protection against data breaches, cyber threats, or unauthorized access. Clients are encouraged to take their own precautions in safeguarding sensitive information when transmitting data to and from our website.
Role of the Parties: When Devenio Plus processes personal data on behalf of a client in connection with the Services (including Marketing Operations engagements), the client is the “controller” (or “business”) and Devenio Plus is the “processor” (or “service provider”) as those terms are defined under applicable data protection laws, including the EU General Data Protection Regulation (GDPR), the UK GDPR, and the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA/CPRA). Devenio Plus will process personal data only on the documented instructions of the client and only for the purposes of providing the contracted Services.
Security Measures: Devenio Plus maintains administrative, technical, and physical safeguards designed to protect client data, including multi-factor authentication on all systems used to access client data, role-based access controls limited to personnel with a need to know, encryption of data in transit and at rest where applicable, secure credential management, and routine review of access privileges. Specific technical and organizational measures applicable to Marketing Operations engagements are described in the DPA.
Personnel: Devenio Plus ensures that all employees, contractors, and other personnel with access to client data are bound by written confidentiality obligations no less protective than those set forth in these Terms and have received appropriate training on data protection and information security.
Sub-Processors: Devenio Plus may engage third-party sub-processors (such as cloud hosting providers, communication tools, and project management software) to assist in providing the Services. A current list of sub-processors is maintained on our website. Devenio Plus will provide clients with reasonable advance notice of any new sub-processor that will process personal data on the client’s behalf and remains responsible for the performance of its sub-processors’ obligations.
Use of AI and Automated Tools: Devenio Plus may use artificial intelligence, machine learning, and other automated tools to assist in delivering the Services. Where such tools are used in connection with client personal data, Devenio Plus will only use tools that contractually prohibit the use of client data to train their underlying models. Clients may, upon written request, restrict or prohibit the use of specific tools in connection with their engagement.
Security Incident Notification: Devenio Plus will notify the affected client without undue delay, and in no event later than seventy-two (72) hours, after becoming aware of any confirmed security incident resulting in the unauthorized access to, disclosure of, or loss of client personal data. Notification will include the nature of the incident, the categories and approximate number of individuals and records affected (to the extent known), the likely consequences, and the measures taken or proposed to address the incident.
Data Subject Requests: Devenio Plus will provide reasonable assistance to clients in responding to requests from individuals seeking to exercise their rights under applicable data protection laws (such as rights of access, correction, deletion, or objection). Where Devenio Plus receives such a request directly, it will, where lawful, forward the request to the relevant client without responding to the requester on the substance.
Return or Deletion of Client Data: Upon termination or expiration of the Services, Devenio Plus will, at the client’s election, return or securely delete client personal data in its possession or control within thirty (30) days, except to the extent retention is required by applicable law or for the establishment, exercise, or defense of legal claims.

7. INDEMNIFICATION

Clients agree to defend, indemnify, and hold Devenio Plus, its affiliates, officers, directors, employees, agents, and contractors harmless from any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

The use of our Services or deliverables in a manner that violates these Terms or any applicable law.
Any third-party claims alleging that content provided by the client (including text, images, or other materials) infringes on intellectual property rights.
Any misuse, modification, or unauthorized distribution of the final deliverables.
Any failure by the client to obtain necessary rights or licenses for content provided to Devenio Plus.

Devenio Plus reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the client, in which case the client agrees to cooperate with our defense.

8. LIMITATION OF LIABILITY

No Liability for Indirect Damages: Devenio Plus is not responsible for any indirect, incidental, special, or consequential damages that may arise from the use or inability to use our Services. This includes, but is not limited to, lost profits, business interruptions, loss of data, reputational harm, or any other damages incurred as a result of delays, design choices, or the implementation of deliverables. Clients acknowledge that Devenio Plus provides creative services and is not liable for any secondary effects resulting from the use of its work in marketing, branding, or operational activities.
Liability Cap: Our total liability for any claim related to services is limited to the amount paid for the subscription in the preceding month.
Creative Services Disclaimer: While we strive to deliver high-quality work, Devenio Plus does not guarantee specific business outcomes, performance metrics, or financial results from the use of our services. The effectiveness of creative assets, including but not limited to designs, websites, and videos depends on numerous external factors beyond our control, including but not limited to client implementation, market conditions, consumer behavior, and advertising strategies.

Devenio Plus provides creative and technical services, but we do not make warranties, express or implied, regarding the impact our work will have on sales, engagement, or any other business performance indicators. Clients acknowledge that results may vary and that Devenio Plus shall not be held liable for any perceived lack of success associated with the use of our deliverables.

9. CHANGES TO TERMS

Devenio Plus reserves the right to update these Terms at any time. Continued use of services after changes constitutes acceptance of the revised Terms.

10. GOVERNING LAW & DISPUTE RESOLUTION

Jurisdiction: These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any legal action or proceeding related to these Terms shall be brought exclusively in the state or federal courts located in New York, and both parties consent to the jurisdiction of such courts.
Dispute Resolution: In the event of a dispute, both parties agree to first attempt an informal resolution by providing written notice of the dispute and engaging in good faith discussions to resolve the issue. If an informal resolution cannot be reached within 30 days, the dispute may be submitted to binding arbitration under the rules of the American Arbitration Association (AAA), with arbitration conducted in New York unless otherwise agreed. Each party shall bear its own legal fees and arbitration costs, unless otherwise determined by the arbitrator.

11. CALIFORNIA USERS AND RESIDENTS

If any complaint with Devenio Plus is not satisfactorily resolved, California residents may 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 phone at: (800) 952-5210 or (916) 445-1254