Terms of Use
Devoto Website Terms of Use
Version 1.0 – Last updated on December 5, 2024
GENERAL
These Terms of Use constitute a legally binding agreement between you,
then not acting on behalf of any entity (“you”), and Devoto sarl (“Devoto”, “Company”,
“we”, “us” or “our”) in relation to your access to and use of the Website
www.devoto.lu, as well as all other media formats, media channels, mobile websites or
mobile applications related to, linked to, or otherwise connected with it
are connected (collectively the “Website”).
We are established in Luxembourg and have our registered office at 43, Tony Bourg
Strooss, L-9775 Weicherdange. We are registered in the Luxembourg Trade and Industry Register
Companies Register (RCS) under number B 266387.
Additional terms or documents that may be posted on the Website from time to time
posted, are hereby incorporated by reference into these Terms of Use. We
We reserve the right to make changes or modifications to this Site at our sole discretion.
to amend these Terms of Use. We will notify you of any such changes
inform by updating the “Last Updated” date above, and you waive
of any right to specific notice of each change. Therefore, check each time
when you use our Website, the applicable terms and conditions so that you understand which
terms and conditions apply. By continuing to use the Website after the date
on which revised Terms of Use are posted, you are deemed to be aware
taken from and agree to these changes. You acknowledge and agree that
separate terms and conditions may apply to the products and services of
Devoto.
The information on the Website is not intended for distribution or use by any person
or entity in any jurisdiction where such distribution or use would be contrary to law.
are contrary to law or which would subject us to any registration requirement in that jurisdiction or country.
topics. Individuals who choose to access the Website from other locations,
do so on their own initiative and are solely responsible for compliance with local
laws, to the extent applicable.
ACCEPTANCE
By visiting or using the Website, you agree to these
Terms of Use. If you disagree with any part of these terms,
If you are, do not use the Website.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, the Website is our property and all source code, databases,
functionalities, software, web designs, audio, video, text, photos and graphics
on the Website (collectively the “Content”) and the trademarks contained therein,
service marks and logos (the “Marks”), as well as all intellectual property rights (including proprietary rights)
property rights, owned by us or licensed to us. The Content and the Trademarks
are provided on the Website “AS IS” for your information only and
personal use. Except as expressly permitted in this
Terms of Use, no portion of the Website, nor any Content or Marks,
be copied, reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted, distributed, sold, in
licensed or otherwise exploited for any commercial purpose whatsoever without
our prior express written consent.
USER DECLARATIONS
By using the Website, you represent and warrant that: (i) you are legally competent and
agree to these Terms of Use; (ii) you do not access the Website through
automated or non-human means, such as bots, scripts or otherwise; (iii) you
Website is not used for any illegal or unauthorized purpose; and (iv) your use of the
Website does not violate any applicable law or regulation.
If you provide incorrect, incomplete or outdated information, we have the right to
suspend or terminate your account (if applicable) and any current or future
to refuse use of the Website (or any part thereof).
PROHIBITED ACTIVITIES
You may use the Website solely for the purposes for which we make it available.
The Website may not be used for any commercial activities, except those
which have been expressly permitted or approved by us.
As a User, you agree not to, among other things: (i) compromise the security or functionality
to disrupt the Website; (ii) use the Website for any illegal or unauthorized purpose
purposes; (iii) attempt to gain unauthorized access to our systems or
networks; (iv) engage in unauthorized framing or linking to the Website; (v) the
To use the website in an automated manner (such as scripts for sending messages) or
to use data mining/robots or similar data collection and extraction tools (including for
training AI models); and (vi) copyright or other notices
to remove any ownership rights from any Content.
CONTRIBUTION LICENSE
You agree that we may access, store, and
may process and use information and personal data that you provide
(“Contribution(s)”) in accordance with the Privacy Policy and your choices (including
institutions).
Except as otherwise provided in these Terms of Use, we
no ownership rights to your Contributions. You retain full ownership
of all your Contributions and any (intellectual property) rights that may apply thereto. We are
not liable for any statements or representations in your Contributions made by you in any way
part of the Website. You are solely responsible for your Contributions.
and you expressly agree to indemnify us and refrain from any legal action
against us with respect to your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or
other information relating to the Website or the products and services of
Devoto (“Submissions”) you provide to us are non-confidential and our exclusive
become property. We obtain exclusive rights, including all intellectual
ownership rights and shall be entitled to use these Submissions without limitation and for any lawful purpose.
for commercial or other purposes without acknowledgment or
compensation to you. You hereby waive all moral rights to such
Submissions and warrant that they are original or that you have the right to submit them. You
agrees that we have no recourse for any (alleged) infringement of any right
in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Website may contain links to other websites (“Third Party Websites”) and content that
originates from third parties (“Third Party Content”). Such websites or content are provided by
not investigated, monitored or checked for accuracy, suitability or completeness by us,
and we are not responsible for any Third Party Websites that may be accessed through the Website
are or Third Party Content placed on, made available on or from the Website
Website is installed. Including or linking to such websites or content
does not imply any endorsement on our part. If you visit Third Party Websites or
If you use or install Third Party Content, you do so at your own risk. You must
applicable terms and policies, including privacy and
data collection practices of any website or application. Purchases
via Third Party Websites are done through other companies; we are not responsible for this
responsible and such purchases are solely between you and the
concerning third party. You acknowledge that we may use the products or services offered on Third Party Websites
are offered do not endorse and you indemnify us against any damages resulting from
such purchases or from any interaction with Third Party Websites or Content.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (i) monitor the Website
for violations of these Terms of Use; (ii) take appropriate legal action
take action against anyone who, in our opinion, violates the law or these terms,
including reporting to competent authorities; (iii) at its sole discretion and without
to deny, restrict or (technically) disable access to any
Contribution or any part thereof; (iv) in its sole discretion and without limitation, notice or
liability to take the Website or any part or information contained therein offline; and (v) the
To manage the Website in a manner that is aimed at protecting our rights and
ownership and facilitating the proper functioning of the Website.
PRIVACY AND COOKIES
We attach great importance to data protection and security. By using the Website,
Do you agree to our Privacy Policy published on the Website at Privacy Statement ?
Information about our use of cookies on the Website can be found in our Cookie Statement .
DURATION AND TERMINATION
These Terms of Use will remain in effect for as long as you use the Website.
Without prejudice to any other provisions, we reserve the right, at our sole discretion,
at your sole discretion and without prior notice or liability, access to and
to refuse use of the Website (including blocking certain IP addresses)
to anyone for any reason whatsoever, including but not limited to a
breach of any representations, warranties or covenants contained in these Terms or of
applicable law or regulation.
CHANGES AND INTERRUPTIONS
We reserve the right to change the content at any time and for any reason.
to change or remove from the Website at its sole discretion and without notice
Notice. We are not obligated to update any information on the Website. We reserve the right
We also reserve the right to modify or discontinue the Website in whole or in part.
without notice. We will not be liable to you or any third party for any changes,
price change, suspension or discontinuation of the Website.
We cannot guarantee that the Website will be available at all times. Hardware,
software or other problems, or maintenance may lead to interruptions,
delays or errors. We reserve the right to change the Website,
revise, update, suspend, discontinue or otherwise modify the Services without notice
notice. You agree that we are not liable for any loss, damage or
inconvenience caused by the inability to access or use the Website during
any downtime or discontinuance. Nothing in these Terms shall obligate us to perform maintenance or
support of the Website or the provision of corrections, updates, or releases.
APPLICABLE LAW
These Terms shall be governed by and construed in accordance with the
Luxembourg law. Devoto and you agree that the courts of Luxembourg shall have exclusive jurisdiction.
Luxembourg shall have jurisdiction.
DISCLAIMER OF WARRANTIES
The Website is provided on an “as is” and “as available” basis. You use the Website on
own risk. To the extent permitted by law, we disclaim all express or implied
warranties, including but not limited to implied warranties of merchantability,
fitness for a particular purpose and non-infringement.
LIMITATION OF LIABILITY
Under no circumstances are we or our directors, employees, agents or subcontractors
liable to you or any third party for any direct, indirect, consequential, exemplary,
incidental, special or punitive damages, including loss of profits, loss of revenue, loss
of data or other damages resulting from your use of the Website, even if we
have been advised of the possibility of such damages. Notwithstanding the foregoing, and
excluding any damages that cannot be limited under applicable law,
our total liability to you – regardless of the cause and nature of the claim
– at all times limited to EUR 1,000 (one thousand euros). You undertake not to make any claims
to bring proceedings against our directors, employees, agents or subcontractors, but only
against us.
INDEMNIFICATION
You agree to disclose to us, including our subsidiaries, affiliates
companies and their respective officers, agents, partners and employees,
defend, indemnify and hold harmless against any loss, damage, liability,
claim or demand – including reasonable attorneys' fees – of any third party arising out of or
relates to: (i) your use of the Website; (ii) breach of this
Terms of Use; (iii) any breach of your representations and warranties in these
terms and conditions; or (iv) your violation of any third party rights, including intellectual property rights
property rights. Without prejudice to the foregoing, we reserve the right to
at your expense to assume the exclusive defense and control of any matter for which you are
you are obliged to indemnify us; you will cooperate in our defense at your own expense.
We will use reasonable efforts to notify you of any such
claim, action or proceeding as soon as we become aware of it.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on or
posted on the Website constitute the entire agreement and the
full understanding between you and us with respect to your use of the Website. Our
Failure to enforce any right or provision shall not constitute a waiver of such right or provision
that provision. These terms and conditions apply to the extent permitted by law. We may not
transfer rights and obligations at any time. We are not responsible for
loss, damage, delay or failure to act caused by circumstances beyond
our reasonable control. If any provision (or part thereof) is invalid, void or
is deemed unenforceable, that provision (or part) shall be deemed severed from
these terms and conditions and will not affect the validity and enforceability of the
other provisions; this will be replaced by a valid provision that comes closest
is in line with the intention of the Parties. By using these terms and conditions or the use of the
Website does not create any joint venture, partnership, employment or agency relationship between you
and us. These terms and conditions shall not be construed against us solely by virtue of our having accepted them
drawn up. You hereby waive all defenses based on the electronic
form of these terms and conditions and the lack of a signature to execute them.
CONTACT
To resolve a complaint regarding the Website or for more information
regarding the use of the Website, you can contact us at: Devoto sarl, 43,
Tony Bourg Strooss, L-9775 Weicherdange, Luxembourg