Service Agreement

1. Subject of the agreement and the parties

DEVOITEX (the "Provider") provides the client (the "Client") with software engineering services: development, improvement and maintenance of the Client's software (the "Services"). The Services are performed by DEVOITEX engineers, who use AI-powered development tools in their workflow and remain responsible for the engineering decisions and the delivered result. This Agreement applies to each proposal the Client approves.

The Services under the DEVOITEX brand are provided by FOP Anna Andriivna Serdiukova (individual entrepreneur, Ukraine), tax ID 3117915209, address: 106/2 Holosiivskyi Avenue, apt. 50, Kyiv 01001, Ukraine, email: support@devoitex.com. This entrepreneur concludes this Agreement, prepares proposals and issues invoices.

This Agreement works together with the Terms of Use and the Privacy Policy. For paid work, this Agreement and the approved proposal prevail over the Terms of Use. If this Agreement and an approved proposal differ, the proposal prevails for the work it covers. A non-disclosure agreement (NDA) and a data processing agreement (DPA), where concluded, prevail on the matters they cover.

2. Scope of services

The scope of services is the work the Provider performs for the Client under an approved proposal. Services may include:

• technical audits of existing software;
• software development: websites, applications, platforms and custom software;
• AI integrations and automation;
• product development;
• work on existing software: new features, bug fixes, modernization and optimization;
• infrastructure and DevOps;
• quality assurance;
• ongoing engineering.

The specific scope, deliverables, timeline and price are defined in the proposal approved by the Client. The Provider prepares the proposal after reviewing the request and, if needed, asking clarifying questions (Section 3).

Work may be arranged as a paid technical audit, a one-time project at a fixed price, or ongoing engineering with monthly payment (Section 6).

3. Procedure

• The Client describes the task in a project request. A request is not an order and does not oblige either party.
• The Provider reviews the request, may ask clarifying questions and prepares a proposal. The proposal is valid for the period stated in it.
• Work starts after the Client approves the proposal and the agreed payment or invoice terms are met.
• The Provider plans, develops, tests and, where agreed, deploys the result. Decisions that require the Client, including changes to production systems that need the Client's prior approval, are agreed with the Client before release.
• Work is considered completed when the result described in the proposal is delivered to the Client. For ongoing engineering, work is reported for each agreed period.
• Changes to the scope, timeline or price are made by agreement of the parties and recorded in an updated proposal.

4. Obligations of the Client

• provide accurate information and, where required, the access agreed for the work;
• request work only on projects, systems, code and data the Client owns or is authorized to manage, and have the right to give the Provider the materials and access needed for the work;
• not send passwords, keys or other access data through the contact form or by regular email, and transfer them in the secure way agreed with the Provider;
• keep its own backups of critical data, in addition to any backups made as part of the work;
• as controller of the personal data in its systems, have a legal basis for its processing and decide which personal data its product collects;
• register and pay for third-party services used in the project (for example, hosting, domains, app stores, payment providers and paid APIs) in its own name, unless the proposal says otherwise;
• review and respond to questions and approval requests in a reasonable time;
• pay for the Services according to the approved proposal or invoice.

The Client may revoke access at any time; this may pause or limit the work.

5. Obligations of the Provider

• perform the work with due professional care and review all results before delivery;
• request only the access that is necessary, receive it in a secure way and use it only for the agreed work;
• keep access data and the Client's information confidential (Section 8);
• inform the Client without undue delay about a security incident that affects the Client's personal data, confidential information or access;
• keep the Client informed about progress and results.

6. Pricing and payment

Prices on the website are guidelines and are not a public offer. The cost of Services is defined in the proposal approved by the Client: a fixed price for one-time work or a monthly fee for ongoing engineering. Payment is made by invoice under the terms stated in the proposal. Where agreed, the cost of a paid technical audit may be credited toward a subsequent development project.

7. Use of AI

The Provider's engineers use third-party AI models and tools to analyse tasks, write, review and test code, and prepare documentation. Engineers set the tasks, review and test AI-assisted results and decide what is delivered; nothing produced with AI is delivered to the Client without review by an engineer, and the Provider is responsible for it in the same way as for any other part of the work. AI services receive only the data the task needs, under the rules in section 4 of the Privacy Policy.

The Client may ask the Provider not to use AI tools on its project, to exclude certain providers or to use only providers the Client approves. This is agreed in the proposal and may affect the timeline and price.

8. Confidentiality

Both parties keep confidential any non-public information received in connection with this Agreement, including source code, business data and access credentials, and use it only for the agreed work. The Provider does not use the Client's code or confidential materials to train its own models, for public demonstrations or case studies, or for any other independent purpose without the Client's written consent. The Provider mentions the Client or its project publicly, for example in a portfolio, only with the Client's consent. On request, the parties sign an NDA before the Provider receives access.

9. Personal data

The Provider processes personal data of the Client and its contact persons as described in the Privacy Policy. For personal data contained in the Client's systems and materials, the Provider acts as a processor on the Client's documented instructions and within the agreed scope. This processing is governed by a DPA; if a project involves such processing and no DPA has been signed yet, the Provider proposes one before the work starts.

10. Intellectual property

• Code, designs, documentation and other results created for the Client under the agreed work become the Client's property once the Client has paid for them under the proposal.
• The Provider's own tools, internal AI workflows, templates, know-how and general-purpose code created before or outside the Client's project remain the Provider's. If such parts are included in the result, the Client receives a perpetual, non-exclusive right to use and modify them as part of that result.
• Open-source and other third-party components remain subject to their own licences.

11. Liability

The Provider's total liability under this Agreement is limited to the amount paid by the Client for the Services under the proposal (or, for ongoing engineering, for the month) in which the claim arose. To the maximum extent permitted by law, the Provider is not liable for indirect or consequential damages, including loss of profit or data, or for damages caused by incorrect information or access provided by the Client, or by third-party services.

These limitations do not apply to liability that cannot be limited under applicable law, including liability for intentional misconduct or gross negligence, and do not affect the statutory rights of a Client who orders services as a consumer.

12. Term and termination

This Agreement is valid for the duration of the approved proposal or ongoing engagement. Either party may terminate it by written notice; notice periods for ongoing engineering are stated in the proposal. The Provider may also stop work if the Client violates the Terms of Use. Work performed before termination is paid under the terms of the proposal.

Upon termination, the Provider stops work, hands over completed results, stops using all project access, deletes credentials from its storage and asks the Client to revoke the access. Project materials are returned or deleted within 30 days after the work ends, unless otherwise agreed with the Client or required by law; personal data processed on the Client's behalf is deleted or returned at the Client's choice, as set out in the DPA and section 10 of the Privacy Policy.

13. Governing law and disputes

Unless the proposal provides otherwise, this Agreement is governed by the law of Norway. The parties first try to resolve any dispute by negotiation: the Client writes to support@devoitex.com, and the Provider replies within 30 days. If negotiation does not help, a dispute with a business client is resolved by Oslo tingrett (Oslo District Court). For an international project, the parties may agree on another law or forum, including international arbitration, in the proposal. A Client who is a consumer keeps the protection of the mandatory consumer protection rules of the country where they live and may bring a claim in the courts of that country where its law allows it.

14. Changes and language versions

The Provider may update this Agreement and publish the new version on this page with the date of the update. Changes do not alter a proposal the Client has already approved unless both parties agree. This Agreement is published in English and may be translated into other languages; if a translation differs, the English version prevails.

15. Contact

Questions about this Agreement can be sent to support@devoitex.com or via the contact form.