Terms and Conditions

Effective Date: July 7, 2025

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you", "your", or "User") and Dervian LLC ("Dervian", "we", "our", or "us") concerning your access to and use of:

• Our website located at https://www.dervian.com, and
• All related tools, services, features, applications, and content offered by Dervian (collectively, the "Services").

Please read these Terms carefully before using the Services.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use or access the Services.

Your use of the Services is also subject to our Privacy Policy, which explains how we collect, use, and protect your personal data.

1. Eligibility

By accessing or using Dervian’s Services, you represent and warrant that:

• You are at least 16 years of age, or the age of majority in your jurisdiction if higher.
• You have the legal capacity to enter into a binding agreement.
• If you are using the Services on behalf of an organization or business, you have the authority to bind that entity to these Terms, and “you” in this agreement will refer to both you as an individual and the organization.

2. Changes to Terms

Dervian reserves the right to modify or update these Terms at any time, at our sole discretion. If we make material changes, we will:

• Post the updated Terms on our Website at www.dervian.com, and
• Update the “Effective Date” at the top of this document.

3. User Accounts

A. Account Registration

To access certain features of the Services, you may be required to register for a user account. During the registration process, you agree to:

• Provide accurate, complete, and current information.
• Maintain and promptly update your account details if they change.
• Keep your password and login credentials secure and confidential.

B. Account Access

You must not share your login credentials with any other person or entity. Dervian accounts are non-transferable unless expressly approved in writing.

C. Account Suspension or Termination

We reserve the right to suspend, deactivate, or terminate your account at our discretion if:

• You violate these Terms or applicable laws.
• You engage in abuse, fraud, or misuse of the Services.

4. License and Acceptable Use

A. Limited License

Subject to your compliance with these Terms, Dervian grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for:

• Your own internal business purposes (if you're a business user), or
• Your personal, non-commercial use (if you're an individual user).

B. Restrictions on Use

You agree not to:

• Copy, modify, adapt, translate, distribute, or create derivative works of any part of the Services or Content.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying structure of the Services.
• Circumvent, disable, or interfere with any security features or restrictions in the Services.

5. Subscription and Payment

A. Subscription Access

Certain features or components of the Services require a paid subscription. Subscription levels, pricing, billing cycles, and feature sets are described on our Website and may vary depending on your plan (e.g., monthly, annual, or enterprise tiers).

B. Recurring Billing and Auto-Renewal

Unless otherwise specified:

• All subscriptions are automatically renewed at the end of each billing cycle.
• You will be charged the applicable subscription fee unless you cancel prior to the renewal date.

6. Refunds and Cancellations

A. Refund Policy

All payments made to Dervian are non-refundable, except as expressly stated below or where required by law.

B. How to Cancel Your Subscription

You may cancel your subscription by:

• Logging into your Dervian account and navigating to the Billing or Subscription settings, or
• Emailing us at support@dervian.com with your cancellation request.

7. Intellectual Property

A. Ownership

All content, features, functionality, and technology made available through the Dervian platform are the exclusive property of Dervian LLC or its licensors and are protected by intellectual property laws.

B. No Transfer of Rights

Except for the limited license granted to you under Section 4, no license or ownership rights are transferred to you.

8. Termination

A. Termination by You

You may terminate your subscription and stop using the Services at any time by:

• Cancelling through your account dashboard, or
• Sending a written request to support@dervian.com.

9. Disclaimers

A. "As-Is" Basis

The Services are provided on an "as-is" and "as available" basis. Dervian makes no representations or warranties regarding the Services.

10. Limitation of Liability

To the fullest extent permitted by law, Dervian LLC and its affiliates are not liable for any indirect, incidental, special, or consequential damages arising out of your use of the Services.

11. Indemnification

You agree to defend, indemnify, and hold harmless Dervian LLC from any claims, demands, damages, or expenses arising from your use of the Services.

12. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Arizona, United States, without regard to conflict of law principles.

13. Contact Information

If you have any questions or concerns regarding these Terms and Conditions, you may contact us at:

Dervian LLC
Mesa, Arizona, United States
Email: support@dervian.com