Terms of service

These terms are between Vesprr LLC, a New Mexico limited liability company, 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, USA (“we”), and the organization that holds a DevBench account (“you”). The person who accepts them for an organization confirms they may do so.

DevBench is sold to businesses. It is not offered to consumers, and consumer protection rules that assume a consumer do not apply.

DevBench is a platform on which a team directs cloud agents that build, test, preview and deploy software, and a person merges the result. It includes the web, desktop and phone apps, the API, the box runtime, and the compute we run when you choose DevBench compute. The pages on this site describe what it does; the security page describes where the rules are enforced.

• Organizations are created by us after an access request, or through a paid plan. Members join by invite code.
• You are responsible for what happens under your organization's accounts, API keys and provider tokens, and for keeping them secret.
• Owners decide roles, guardrails, cloud accounts and the self-merge setting. Those decisions are yours.
• Tell us at once if an account or key is compromised. We can revoke tokens and keys for you.

• Plans, allowances and add-on rates are on the pricing page. Prices exclude sales tax and VAT, which are added where the law requires. We invoice from the United States.
• Plans are billed per organization, monthly or yearly in advance. Add-ons for minutes, preview hours, members and apps past the plan are billed at the end of the month for what was used.
• Where a plan comes with a free trial, checkout asks for a card and the subscription starts when the trial ends unless you cancel from the billing page before then. One trial per organization.
• Compute minutes are metered on DevBench compute only, rounded up per job. On a host you run, minutes are not counted.
• You can change plans at any time. The new allowances apply immediately; the difference is prorated on the next invoice.
• An unpaid invoice 14 days after a reminder lets us suspend the organization until it is paid. Your data is kept during a suspension.
• We may change prices with 30 days' notice by mail to the organization's owners. A change does not affect a yearly term already paid.

You may not use DevBench, or direct an agent on it, to:

• break the law, or infringe someone else's rights, including licences on code an agent reads or writes;
• attack, probe or overload systems you do not own, ours included;
• mine cryptocurrency, run unrelated workloads, or resell the compute;
• send spam or run malware from a box, a preview or a deployment;
• work around a plan's limits, a guardrail, or the human-only merge.

We may stop a box, a preview or a deployment that does one of these. We tell you when we do, unless the law says we may not.

• Your repositories, chats, notes, docs, media, recordings and deployments are yours. We claim no rights in them.
• You give us the licence we need to run the service on them: to clone, build, test, record, preview and deploy as your organization directs, and nothing more.
• Code an agent writes in your workspace is yours, subject to the licences of what it was written from. Commits are authored as the person who asked for them; DevBench is the committer and a co-author trailer, which is a record, not a claim.
• DevBench itself, the site and the documentation are ours. You get a non-exclusive right to use them for the term.

An agent proposes; a person decides. By default the Merge button is human only for every caller, protected branches are refused in the box and on the server, and an info-only workspace can never push. An owner may switch self-merge on per workspace; every self-merge is audited and announced. Whichever way an owner sets it, what reaches your shared branches is your organization's decision and its responsibility.

An agent's output is a draft. It can be wrong, and the recording, the test note and the preview exist so a person can see that before merging. We do not warrant that code an agent writes is correct, secure or fit for a purpose.

• DevBench compute: we run the boxes, previews and deployments in the European Union, with the plan's allowances. Workspace data on it is covered by the privacy policy.
• A host you run: you provide and secure the machine, its network and its backups, following our documented requirements. We support the software; we do not operate the host.
• Your cloud: deployments to AWS, Hetzner, DigitalOcean or Vultr use accounts and credentials you hold. Their fees and terms are yours.

The privacy policy says what we process and why. Where we process personal data on your behalf, the data processing agreement applies and is part of these terms.

• We aim for DevBench compute and the account service to be available 99.5% of each month, maintenance excluded. Planned maintenance is announced in the product at least 24 hours ahead.
• Support is by mail at hello@devbench.sh. Response times by plan are on the support page: community on Starter, next working day on Team, same day on Business.
• A working day is Monday to Friday, 09:00 to 18:00 Central European Time, public holidays excluded.

We provide DevBench with the care a professional software provider owes. We do not warrant that it is free of errors, that it fits a particular purpose, or that an agent's output is correct. Where a defect stops a feature working as documented, we fix it or work around it within a reasonable time; that is the remedy.

• We are liable without limit for intent, gross negligence, and injury to life, body or health.
• For slight negligence we are liable only for breach of a duty essential to the contract, and then only for the loss typical of and foreseeable for this kind of contract, capped at the fees you paid in the twelve months before the event.
• We are not liable for loss of data you could have prevented by the backups the product offers or by your own backups on a host you run.
• Nothing here limits liability that cannot be limited under the law that applies.

• A monthly plan renews each month and can be cancelled to the end of the month. A yearly plan renews each year and can be cancelled with one month's notice to the end of the term.
• Either side may end the contract without notice for a serious breach not cured within 14 days of a written warning.
• On termination you can export your organization's data for 30 days. After that we delete it, as the privacy policy describes. Data on a host you run is untouched by us.

The laws of the State of New Mexico, USA, apply, without regard to its conflict-of-law rules and excluding the UN Convention on Contracts for the International Sale of Goods. The state and federal courts located in Bernalillo County, New Mexico, have exclusive jurisdiction. Nothing here takes away the protection that data protection law, such as the GDPR, gives you or your users; the data processing agreement covers it.

We may change these terms with 30 days' notice by mail to the organization's owners, with the changes marked. If you object before they take effect, either side may end the contract to that date; if not, the new terms apply. A change required by law may take effect sooner.