Terms of Service / Legal Notice

Effective Date: August 10, 2025
(for Nassau Technologies, LLC – Devsey)

1. Introduction

These Terms of Service (“Terms”) govern your use of the Devsey platform (“Service”), a browser testing platform operated by Nassau Technologies, LLC (“Company,” “we,” “our,” or “us”). By creating an account, accessing, or using the Service in any manner, you irrevocably agree to be bound by these Terms. If you do not agree to all provisions, you must immediately discontinue use.

2. Eligibility

You must be at least eighteen (18) years of age and capable of forming a binding contract under applicable law to use the Service. By registering, you represent and warrant that you satisfy this requirement.

3. Account Registration and Responsibilities

Provide accurate, complete, and up-to-date information;
Maintain and promptly update such information as necessary;
Protect your account credentials and not disclose them to any third party;
Accept full responsibility for all activities conducted under your account, whether authorized or not.

The Company shall not be liable for any loss or damage arising from your failure to secure your account.

4. Authorized Testing and Prohibited Conduct

Authorized Testing

You may use the Service solely to run browser tests against web applications, websites, or infrastructure that you:

Own or control; or
Have documented, written authorization from the lawful owner to test.

Explicit Responsibility for Test Data

You acknowledge and agree that you are solely responsible for obtaining all necessary rights, permissions, and consents from any third party before submitting any URL, credential, or data for testing. The Company shall bear no responsibility or liability for unauthorized or unlawful testing conducted by you or under your account.

Prohibited Conduct

You expressly agree that you shall not use the Service to:

Conduct any test without appropriate ownership or authorization;
Engage in illegal, infringing, or fraudulent activities;
Breach, attempt to breach, or bypass authentication, authorization, or other security measures of third-party systems without consent;
Upload, execute, or transmit viruses, worms, malware, or other harmful code;
Perform denial-of-service attacks, brute-force attempts, fuzzing, excessive crawling, or stress-testing;
Harvest, exfiltrate, or unlawfully process personal information without consent;
Violate any applicable law, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030).

The Company reserves the right to investigate suspected violations and to suspend or terminate your access without notice.

5. Subscription Fees and Refund Policy

Recurring Fees: Devsey operates on a recurring subscription model. You authorize us to charge fees according to your selected plan.
Monthly Subscriptions: Non-refundable under all circumstances.
Annual Subscriptions: Refunds are prorated based on the subscription start date and the month of cancellation, calculated using the last day of the month.
Termination for Violation: Accounts terminated for violations of these Terms are not entitled to refunds.

6. Termination

The Company may, at its sole discretion and without liability, suspend or terminate your account or access to the Service at any time, with or without cause, including for violations of these Terms.

7. Dispute Resolution, Arbitration, and Waiver

Governing Law: These Terms shall be governed exclusively by the laws of the State of New York, without regard to conflict-of-law principles.
Arbitration: Any dispute, controversy, or claim arising under or related to these Terms shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitrator’s award shall be final and binding.
Venue: To the extent any action must be filed in court, jurisdiction and venue shall lie exclusively in the state or federal courts located in Nassau County, New York.
Class Action Waiver: You may only bring claims in your individual capacity and not as part of a class, collective, or representative proceeding.

8. Limitation of Liability and Disclaimer of Warranties

Results Disclaimer: Test results, screenshots, logs, and artifacts generated by the Service are informational only and do not constitute a security audit, certification, or guarantee.
As-Is Basis: The Service is provided “AS IS” and “AS AVAILABLE” without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
Exclusion of Damages: To the fullest extent permitted by law, the Company shall not be liable for indirect, incidental, consequential, exemplary, special, or punitive damages, including lost profits, data, or goodwill.
Liability Cap: Aggregate liability shall not exceed the total subscription fees you paid to the Company during the calendar year in which the claim arose.
No Third-Party Liability: The Company shall not be liable for damages resulting from unauthorized use, actions of third parties, or your misuse of the Service.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, affiliates, licensors, and service providers from all claims, losses, damages, liabilities, costs, and expenses (including attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of law; or (d) your Content or conduct.

10. Force Majeure

The Company shall not be liable or responsible for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics, war, terrorism, civil unrest, strikes or labor disputes, power or Internet outages, denial-of-service attacks, failures of third-party hosting providers, governmental actions, or any other event beyond the Company’s control. In such cases, performance shall be excused to the extent affected by such event.

11. Severability

If any provision is held invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain valid and enforceable.

12. Entire Agreement

These Terms constitute the entire agreement between you and the Company with respect to the Service, and supersede all prior agreements, proposals, negotiations, or representations, whether written or oral, relating to the Service. No oral or written information or advice provided by the Company, its employees, or agents shall create a warranty or modify these Terms unless expressly incorporated herein by written amendment signed by both parties.

13. Changes to Terms

We may revise these Terms at any time. Continued use of the Service after notice constitutes acceptance of changes.

14. Contact Information

Nassau Technologies, LLC
Email: support@devsey.com