top of page
Main banner_devaone_compressed.png

Terms and Conditions

This Terms And Conditions Document Last Updated At 4 September 2022

1. Master Services Agreement

This Agreement was last updated on September 4, 2022.

This Master Services Agreement (“Agreement”) governs the access and use of Deva education platform hosted at https://deva.one or under another domain by subscription agreement.

1.1 Definitions

As used in this Agreement, the following terms have the meaning set forth below.

  • “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity.

  • “Customer” means the party entering into an Order Form with Deverno, or otherwise signing up to use the Services.

  • “Order Form” means the ordering document mutually executed by Deverno and Customer, including electronic orders submitted by Customers purchasing the Team Plan version of the Services, specifying: (1) the Fees payable by Customer to Deverno for provision of the Services, (2) the duration of the Services to be provided by Deverno to Customer, (3) the number of Users authorized to access the Services, (4) billing and payment information regarding Deverno’s provision of the Services to Customer, and (5) any other applicable quantity specifications regarding Customer’s purchase of the Services.

  • “Business Customer” means the party signed an agreement with Deverno and using Deva platform based on provided subscription plans.

  • “Subscription plan” means the special offer of the Deva for third-party businesses or individuals to use Services with domains other than DevaOne.

  • “Instructor” means the party entering into a Deva, or otherwise signing up to use the Services to create course content and teach students.

  • “Student” means the party entering into a Deva or otherwise signing up to use the Services to learn.

  • “Courses” means the online courses provided by Instructors in the scope of the Deva.

  • “Schedules” means the online courses' life session schedules, defined by the course creator instructor.

  • The “Fees” means the amounts payable by Customer to Deverno for access to the Services.

  • “Personal Data” means any personal data that Customer submits into the Services.

  • “Deverno” means Deverno, Inc., the California Corporation.

  • “Deva” means education management platform delivered as a service by Deverno.

  • “DevaOne” means services delivered by hosted under the https://deva.one instance of the Deva platform.

  • “Users” means the employees and contractors that Customer authorizes to access and use the Services.

  • “Solo plan” means the predefined set of Services delivered by Deverno to its Customers who signed an agreement and purchased a Subscription plan.

  • “Academy plan” means the predefined set of Services delivered by Deverno to its Customers who signed an agreement and purchased a Subscription plan.

  • “Enterprise plan” means the predefined set of Services delivered by Deverno to its Customers who signed an agreement and purchased a Subscription plan.

  • “Business Customer” means the party signed an agreement with Deverno and using Deva platform based on provided subscription plans.

  • “Business Customer” means the party signed an agreement with Deverno and using Deva platform based on provided subscription plans.

1.2 Provision of the Services

Deverno agrees to make the Deva Services available to Customer and its Users pursuant to the terms of this Agreement. The Customers who purchased the Solo, Academy, or Enterprise plans will receive a separate instance of the Deva platform where they can customize their brand and start the education process and management separately from DevaOne. For Users registered on DevaOne as Instructor, Deverno will make available the functionality of Deva platform under the brand DevaOne where Instructors can create, manage and deliver online courses. The students registered to the course schedule will be able to log in to their own personal cabinet and have access to the online lesson sessions after purchasing the price defined by the Instructor. For all Customers Deverno will handle the payment processing for courses and will transfer Instructors revenue monthly bases.

For the Solo and Academy plans, the instances will be hosted on shared environments, but for the Enterprise plan, the Customer will receive the dedicated environment.

1.3 Subscription plans

For the Deva platform, Deverno provides three subscription plans named: Solo, Academy, and Enterprise.

Each plan has its own limitations and features.

During your subscription to a Subscription Plan, you get a limited, non-exclusive, non-transferable license from us to access and view the content included in that Subscription Plan via the Services. With the exception of the lifetime access license grant, the terms included in the “Content Enrollment and Lifetime Access” section above apply to enrollments via Subscription Plans.

Your Subscription Plan may also include access to interactive environments, such as workspaces (“Interactive Sessions”). Interactive Sessions may be provided by a third party, subject to its own agreement or terms and conditions, and subject to usage limitations outlined on our Product Page. You’re responsible for complying with the terms and conditions of any third-party provider.

The subscription that you purchase or renew determines the scope, features, and price of your access to a Subscription Plan. You may not transfer, assign, or share your subscription with anyone else.

We reserve the right to revoke any license to use the content in our Subscription Plans for legal or policy reasons at any time and at our sole discretion, such as if we no longer have the right to offer the content through a Subscription Plan. 

1.4 Restrictions

  • Customer shall not, nor shall it permit its Users to:

    1. Copy, distribute, create derivative works, hack, modify, or interfere with, the proper working of the Services, any of the Courses, or any third-party system made available through the Services,

    2. Input any inappropriate, infringing, offensive, racist, hateful, sexist, pornographic, harassing, defamatory or libelous content into the Services or instruct Deva to include any such content in the Services,

    3. Scrape, spider, or utilize other automated means of any kind to access the Services, including but not limited to accessing API endpoints for which Customer or its Users have not been provided authorization by Deverno,

    4. Use the Services in order to build a competitive product to the Services,

    5. Share login access to the Services among multiple individuals, transfer a User license (except in connection with a termination of employment), or otherwise permit any party other than the Users to use the Services,

    6. Introduce any computer code, file, or program that may damage the Services,

    7. Use the Services in any manner that is unlawful or that infringes the rights of others, or

    8. Use Deva's APIs with any third party without prior written approval.

    9. Use the Services to transmit any unsolicited commercial communications,

    10. Use the Services for any purpose other than internal learning, or

    11. Permit any individual that is under the age of 13 years old to use the Services.

  • Customer represents and warrants that neither it nor its Users are (a) located in, or a resident of, any country that is subject to applicable U.S. trade sanctions or embargoes (such as Cuba, Iran, North Korea, Sudan, or Syria), or (b) a person or entity who is named on any U.S. government specially designated national or denied-party list. Customer shall not permit any User to access or use the Services in a U.S. embargoed country or in violation of any U.S. export law or regulation.

1.5 Violations of Restrictions

 In the event that Deva determines that Customer or any of its Users has violated the restrictions set forth in Section 1.4 above, Deva may notify Customer of such violation and allow customer a 10 day cure period to remedy such violation. If Customer fails to cure such remediable violation, then Deva may terminate or suspend access to the Services for Customer or the relevant Users. Irrespective of the cure period stated above, Deva reserves the right in its sole discretion to terminate or suspend access to the Services for Customer or the relevant Users, at any time, if immediate action is required to address imminent potential harm or damages.

1.6 Fees

Customer will pay the Fees as set forth in one or more Order Forms. Unless stated otherwise in an Order Form, all fees are payable in US dollars. Any future incremental add-on or renewal orders after the initial subscription period (as set forth in an Order Form) shall be subject to the subscription standard price in effect at time of purchase. In the event that Customer is late in making payments, then Deverno reserves the right to suspend delivered services after 10 days of delay.

1.7 Taxes

All fees and other charges payable by Customer to Deverno for Deva under this Agreement are stated exclusive of all federal, state, local, and foreign taxes, levies, and assessments of any nature (including value-added, use or withholding taxes). Customer agrees to bear and be responsible for the payment of all such taxes, levies and assessments imposed on Customer arising out of this Agreement, excluding any tax based on Deverno's income, gross receipts, business and occupation tax, and employment-related taxes. The actual price of the subscription can be negotiated and will be mentioned in the additional agreement which will be an extension of this agreement.

1.8 Confidentiality

  • Scope of Confidentiality. Each party agrees that all code, inventions, know-how, or business, technical, and financial information disclosed to such party (“Receiving Party”) by the disclosing party (“Disclosing Party”), constitute the confidential information of the Disclosing Party (“Confidential Information”), provided that it is either identified as confidential at the time of disclosure, or should be reasonably known by the Receiving Party to be confidential due to the nature of the information disclosed. Personal Data is considered Confidential Information. Confidential Information will not, however, include any information that: (1) was publicly known and made generally available in the public domain prior to the time of disclosure by the Disclosing Party, (2) becomes publicly known and made generally available after disclosure by the Disclosing Party to the Receiving Party through no action or inaction of the Receiving Party, (3) is already in the possession of the Receiving Party at the time of disclosure by the Discloser, (4) is obtained by the Receiving Party from a third party without a known breach of the third party’s obligations of confidentiality, or (5) is independently developed by the Receiving Party without use of or reference to the Confidential Information. The Receiving Party may disclose the Disclosing Party’s Confidential Information if required by law so long as the Receiving Party gives the Disclosing Party prompt written notice of the requirement prior to the disclosure and assistance in obtaining an order protecting the information from public disclosure.

  • Non-Use and Non-Disclosure. Except as expressly authorized herein or as necessary to perform its obligations hereunder, the Receiving Party agrees to: (1) not disclose any Confidential Information to third parties, and (2) not use Confidential Information for any purpose other than as necessary to exercise its rights or perform its obligations hereunder.

  • Processing of Personal Data. Notwithstanding the provisions of this section, Customer agrees that Deverno or Deva may process Personal Data as necessary for: (1) storage and processing in accordance with the Agreement and applicable Order Form(s); (2) processing initiated by Users in their use of the Services; and (3) processing to comply with other documented reasonable instructions provided by User (e.g. via email or support tickets) where such instructions are consistent with the terms of the Agreement. To the extent that Customer is subject to a local data privacy law (including but not limited to the General Data Protection Regulation or the California Consumer Privacy Act), then Customer agrees to request from Deverno a data protection agreement prior to providing any Personal Data to Deverno or Deva.

1.9 Term and Termination

  1. Duration of Term. This Agreement will commence on the Effective Date, and will continue until all Order Forms hereunder have expired or have been terminated. The duration of the Services will be specified in each applicable Order Form. Unless otherwise specified in an applicable Order Form, and with the exception of Customers on the Deva Subscription plan that have disabled auto-renewal within the Services, Order Forms will renew automatically, unless terminated by either party by giving at least 30 days written notice prior to the end of the then-current term.

  2. Termination for Material Breach. Either party may terminate this Agreement and any applicable Order Forms in the event that the other party materially breaches this Agreement, by providing 30 days written notice, unless such breach is cured during such 30 day notice period. In the event that Customer terminates this Agreement or any Order Form due to material breach by Deverno, then Customer will be entitled to receive a pro-rated refund for Services not rendered past the termination date. Sections 5-11 and 15-18, as well as any accrued rights to payment, will survive any termination or expiration of the Agreement.

1.10 WARRANTY DISCLAIMER

EXCEPT AS OTHERWISE AGREED UPON BY THE PARTIES, DEVERNO PROVIDES THE SERVICES AS-IS AND DISCLAIMS ALL WARRANTIES RELATING TO THE SERVICES AND ANY THIRD PARTY SYSTEMS OR PLATFORMS ACCESSIBLE THROUGH THE SERVICES, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES RELATING TO MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY.

1.11 Limitation of Liabilities

  • NEITHER PARTY WILL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR RELATED TERMS AND CONDITIONS UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY FOR: (1) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR (2) ANY AMOUNTS IN EXCESS OF THE FEES PAID OR PAYABLE BY CUSTOMER TO DEVERNO IN THE 12 MONTHS PRIOR TO THE DATE THE RELEVANT CLAIM AROSE.

  • Exceptions to Limitation of Liability. Notwithstanding the limitation of liability set forth above: (1) Customer’s liability arising from its violation of Section 3 of this Agreement, and either party’s liability arising from the indemnification provisions of this Agreement, will not be limited, and (2) Each party’s liability arising from breach of its confidentiality obligations hereunder will be limited to three times the amount of Fees paid or payable by Customer to Deverno in the 12 months prior to the date a claim arose.

1.12 Indemnification

  • Deverno's Indemnification Obligations. Deverno agrees to defend Customer for all third-party claims arising from an allegation that Customer’s use of the Services as permitted under this Agreement infringes upon a third party’s intellectual property rights (“Claim Against Customer”), and indemnify Customer from any damages, reasonable attorney fees, and costs incurred by Customer as a result of a Claim Against Customer. In the event that the Services become subject to a third-party intellectual property claim, or Deverno believes that the Services will become subject to such a claim, then Deverno may elect to: (1) modify the Services so that they are no longer allegedly infringing, (2) obtain a license for Customer’s continued use of the Services, or (3) terminate this Agreement or any applicable Order Forms, and provide Customer a pro-rated refund for Services not rendered past the termination date. This section states Deverno’s sole liability to the Customer with respect to a claim that any part of the Services infringes the intellectual property rights of a third party.

  • Customer's Indemnification Obligations. Customer agrees to defend Deverno for all third-party claims arising from Customer’s violations of Sections 3(a) i. and ii., and 3(b) of this Agreement (“Claim Against Deverno”), and indemnify Deverno or Deva from any damages, reasonable attorney fees, and costs incurred by Deverno as a result of a Claim Against Deverno.

  • Requirements for Indemnification. In order for the indemnification obligations hereunder to apply, the party seeking indemnification must: (1) promptly tender a claim for indemnification, (2) allow the indemnifying party sole control of the defense or settlement of the underlying claim, and (3) reasonably assist with any defense or settlement of the underlying claim at the indemnifying party’s request and expense.

1.13 Anti-Corruption

Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from an employee or agent of the other party in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. Upon learning of any violation of this restriction, the Customer agrees to promptly notify Deverno’s legal department, by emailing support@deverno.co.

1.14 Publicity

Customer grants Deverno the right to use Customer’s company name and logo as a reference for marketing or promotional purposes on Deva’s website and in other promotional materials.

1.15 Force Majeure

Neither party will be liable for any failure or delay in the performance of its obligations hereunder to the extent caused by a condition that is beyond a party’s reasonable control, including but not limited to natural disaster, civil disturbance, acts of terrorism or war, labor conditions, failure by a third party hosting provider or utility provider, governmental actions, interruption or failure of the Internet or any utility service, or denial of service attacks.

1.16 Severability

 If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be deemed null and void, and the remaining provisions of this Agreement shall remain in effect.

1.17 Governing Law Venue, and Attorney’s Fees

This Agreement and any disputes arising under it will be governed by the laws of the State of California without regard to its conflict of laws provisions, and each party consents to the personal jurisdiction and venue of the state or federal courts located in San Francisco, California. In the event of any dispute between the parties regarding the terms of this Agreement, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys’ fees.

1.18 Entire Agreement

This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. This Agreement and any mutually executed Order Forms shall apply in lieu of the terms or conditions in any purchase order or other documentation that Customer provides, and all such terms and conditions are null and void and superseded by this Agreement and any mutually executed Order Forms. This Agreement, or any part thereof, may be modified by Deverno at any time, including the addition or deletion of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting.

2. Student's Rights and Obligations

When you sign up as a student on the Deva family platforms, you agree to abide by these terms and conditions of Deva, and especially the rights and obligations mentioned in this section, special for students.

As a student, you are contracting directly with Deverno, Inc. (a California corporation in the United States) regardless of which Deva family product you have registered.

The Deva platform instances hosted by the subscription for Customers with different brands are not covered by these Terms. For such case check the Terms and Conditions section on the partner's platform.

2.1 Student Obligations

  • After signing up and account activation by email, you become a student for Deva.

  • You should be an adult by the law of the country where you are a resident to be able to pay for Services.

  • After registering for the course, you will receive an invoice which you have to pay before the first lesson session, except for the courses with the demo, where the first lesson is free.

  • After payment for the course schedule, you are accepting the price and session schedule created by the instructor.

  • Personal information, such as Name, email, and profile picture, should be correct and belongs to you.

  • Students are agree that their email address may be used for marketing and information delivery purposes.

2.2 Student Rights

  • The student may request a special schedule for a defined course.

  • Schedule request is not obligate the instructor, but the instructor can accept and change or create a new schedule for live sessions.

  • Students can register for the course, attend the demo lesson if available and then cancel their subscription without any obligations.

  • The student has the right to provide 2 types of feedback, for the instructor and for the course separately.

  • Students achieve the right to provide feedback after the first paid session only.

  • Students are allowed to request special courses from the portal.

  • Students may unsubscribe from news subscriptions but not from information delivery emails.

  • After compilation of the course and passing the examination Students can request a recommendation letter.

  • Students have the right to request a refund if the registered course schedule didn't yet start, or only the first lesson was attended and the second lesson didn't start yet.

  • Students have the right to request a refund if the course topic delivered by the instructor is different than mentioned in the description.

3. Instructor's Rights And Obligations

When you sign up to become an instructor on the Deva family platform, you agree to abide by these Instructor Terms ("Terms"). These Terms cover details about the aspects of the Deva platform relevant to instructors and are incorporated by reference into full Terms, the general terms that govern your use of our Services. Any capitalized terms that aren't defined in these Terms are defined as specified in the Terms of Use.

As an instructor, you are contracting directly with Deverno, Inc. (a California corporation in the United States), regardless of whether another Deverno subsidiary facilitates payments to you.

3.1Instructor Obligations

As an instructor, you are responsible for all content that you post, including lectures, quizzes, coding exercises, practice tests, assignments, resources, answers, course landing page content, labs, assessments, and announcements ("Submitted Content").

You represent and warrant that:

  • you will provide and maintain accurate account information;

  • you own or have the necessary licenses, rights, consents, permissions, and authority to authorize Deverno to use your Submitted Content as specified in these Terms and the Terms of Use;

  • your Submitted Content will not infringe or misappropriate any third party's intellectual property rights;

  • you have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that you offer through your Submitted Content and use of the Services; and

  • you will ensure a quality of service that corresponds with the standards of your industry and instruction services in general.

You warrant that you will not:

  • post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;

  • post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any user;

  • use the Services for business other than providing tutoring, teaching, and instructional services to students;

  • engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording;

  • frame or embed the Services (such as to embed a free version of a course) or otherwise circumvent the Services;

  • impersonate another person or gain unauthorized access to another person's account;

  • interfere with or otherwise prevent other instructors from providing their services or content; or

  • abuse Deva resources, including support services.

  • remove the course published schedule if there are paid and registered students.

You warrant that you will:​

  • start and finalize all scheduled and published sessions of your courses in the mentioned time

  • will organize and take exams from your registered students

  • will deliver to students the material that was mentioned in your course description

  • will deliver courses and live sessions personally

3.2 Licence to Deverno

You grant Deverno the rights detailed here to offer, market, and otherwise exploit your Submitted Content in the scope of Deva Services. This includes the right to add captions or otherwise modify Submitted Content to ensure accessibility. You also authorize Deverno to sublicense these rights to your Submitted Content to third parties, including to students directly and through third parties such as resellers, distributors, affiliate sites, deal sites, and paid advertising on third-party platforms.

Unless otherwise agreed, you have the right to remove all or any portion of your Submitted Content from the Services at any time except the cases when you have an ongoing schedule. In case of ongoing sessions, you may remove the future schedule of your course and suspend your course from public access, however, the students who paid for the course will gain lifetime access to the provided materials. Or except as otherwise agreed, Deverno's right to sublicense the rights in this section will terminate with respect to new users 60 days after the Submitted Content's removal. However, (1) rights given to students before the Submitted Content's removal will continue in accordance with the terms of those licenses (including any grants of lifetime access), and (2) Deverno's right to use such Submitted Content for marketing purposes shall survive termination.

We may record and use all or any part of your Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant Deverno permission to use your name, likeness, voice, and image in connection with the offering, delivering, marketing, promoting, demonstrating, and selling the Services, your Submitted Content, or Deva's content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.

3.3 Restricted Topics

Deva does not publish courses in some topic areas, or may publish only under certain criteria. Subject matter may be excluded due to concerns that it is considered either harmful or offensive to students or because it is otherwise inconsistent with the values and spirit of Deva.

We recommend that you reach out to the Trust & Safety team before building a course on any of the following topics to ensure it will be eligible for publication. Please include as much detail as possible. 

It is the instructor’s responsibility to ensure their course follows the letter and the spirit of the policy when submitting to the Quality Review Process. While the Trust & Safety Team will guide instructors around smaller fixes, extensive coaching on how to build or update a course is not available.

​

Sexuality

Sexually explicit content or content with implied sexual activity is not permitted. Content around reproductive health and intimate relationships must be free of explicit or suggestive content. See also: Nudity and Attire. 

Examples that are not allowed:

  • Instruction on seduction, sexual techniques, or performance

  • Discussion of sex toys

Examples that are allowed:

  • Safe sex courses

  • Consent and communication

Nudity and attire

Nudity is permitted only when essential to learning within an artistic, medical, or academic context. Attire should be appropriate to the subject area of instruction, without unnecessary emphasis on exposed body parts.

Examples that are allowed:

  • Fine art and figure drawing

  • Anatomical illustrations

  • Medical footage or demonstrations

Examples that are not allowed:

  • Boudoir photography

  • Naked yoga

  • Body art

Dating and relationships

Content on attraction, flirtation, courtship, etc. are not allowed. Any other courses on long-term relationships must be in accordance with all Deva policies, including those involving Sexuality and Discriminatory Language.

Examples that are allowed:

  • Marital counseling

  • General discussions of intimacy within a course focused on strengthening overall relationship

Examples that are not allowed:

  • Stereotyping on gender roles 

Weapons instruction

Content providing instruction in the making, handling, or usage of firearms or air guns is not permitted. All other courses providing weapons instruction must otherwise adhere to all Deva policy, including Violence and Bodily Harm.

Examples that are allowed:

  • How to disarm an attacker

Violence and bodily harm

Dangerous activities or behavior likely to impact health or result in injury cannot be shown. Glorification or promotion of violence will not be tolerated. 

Examples that are not allowed:

  • Self harm

  • Substance Abuse

  • Unhealthy weight management practices

  • Extreme body modification

  • Combat courses encouraging disproportionate aggression

Examples that are allowed:

  • Martial arts courses

  • Recovery programs for substance abuse

Animal cruelty

Treatment of animals such as pets, livestock, game, etc. must be in accordance with the recommendations of relevant animal welfare organizations.

Discriminatory language or ideas

Content or conduct fostering discriminatory attitudes on the basis of a group characteristic such as race, religion, nationality, disability, gender identity, sex, or sexual orientation will not be tolerated on the platform.

Illegal or unethical activities

Content must be in accordance with any applicable national law. Activities which are illegal in many jurisdictions may also be disallowed, even if permitted within the uploader’s country of residence.

Examples that are not allowed:

  • Courses on cannabis use

  • Directions on cracking software access

  • Instruction in doxxing or other forms of harassment

Examples that are allowed:

  • Instruction on how to find coupons or cheat codes

Misinformation and misleading content 

Instruction which is intentionally misleading or that promotes ideas in opposition to the consensus in scientific, medical, or academic communities should not be posted.

Examples that are not allowed:

  • Vaccine hesitancy

  • Fringe theories

Sensitive or otherwise inappropriate topics or language

As a global learning platform with learners ranging from casual hobbyists to professional enterprise customers, we must take into consideration many sensitivities when evaluating content. 

We will examine not only the kind of topic under discussion, but also how those topics are presented. When providing instruction on a sensitive subject area, ensure that all associated course materials treat that subject with care. Avoid language and imagery which is inflammatory, offensive or otherwise insensitive.

Content for young people

Deva is not currently set up to support underage learners. Persons under the age of consent (for example, 13 in the US or 16 in Ireland) may not use the services. Those under 18 but above the age of consent may use the services only if a parent or guardian opens their account, handles any enrollments, and manages their account usage. 

As such, please ensure any subject matter oriented towards young students is clearly marketed to parents and guardians who will be supervising their learning.

3.4 Trust And Safety Policies

You agree to abide by Deva's policies, Restricted Topics policy, and other content quality standards or policies prescribed by Deva from time to time. You should check these policies periodically to ensure that you comply with any updates to them. You understand that your use of the Services is subject to Deva's approval, which we may grant or deny at our sole discretion.

We reserve the right to remove content, suspend payouts, and/or ban instructors for any reason at any time, without prior notice, including in cases where:

  • an instructor or content does not comply with our policies or legal terms (including the Terms of Use);

  • content falls below our quality standards or has a negative impact on the student experience;

  • an instructor engages in behavior that might reflect unfavorably on Deva or bring Deva into public disrepute, contempt, scandal, or ridicule;

  • an instructor engages the services of a marketer or other business partner who violates Deva's policies;

  • an instructor uses the Services in a way that constitutes unfair competition, such as promotion of their off-site business in a way that violates Deva's policies; or

  • as determined by Deva in its sole discretion.

3.5 Relationship to Other Users

Instructors don't have a direct contractual relationship with students, so the only information you'll receive about students is what is provided to you through the Services. You agree that you will not use the data you receive for any purpose other than providing your services to those students on the Deva platform, and that you won't solicit additional personal data or store students' personal data outside the Deva platform. You agree to indemnify Deva against any claims arising from your use of students' personal data.

3.6 Anti-Piracy Efforts

We partner with anti-piracy vendors to help protect your content from unauthorized use. To enable this protection, you hereby appoint Deva and our anti-piracy vendors as your agents for the purpose of enforcing copyrights for each of your content, through notice and takedown processes (under applicable copyright laws like the Digital Millennium Copyright Act) and for other efforts to enforce those rights. You grant Deva and our anti-piracy vendors primary authority to file notices on your behalf to enforce your copyright interests.

You agree that Deva and our anti-piracy vendors will retain the above rights unless you revoke them by sending an email to support@deva.one with the subject line: "Revoke Anti-Piracy Protection Rights" from the email address associated with your account. Any revocation of rights will be effective 48 hours after we receive it.

3.7 Pricing For Courses

When creating a Course and creating a schedule available for purchase on Deva, you will be prompted to select a price. The instructor is fully responsible for setting the price for the course schedule. Price can be defined for the whole course; in this case, the student will pay the total amount at once, or the price can be defined for one or some count of live sessions; in this case, the student will pay in recurring mode as many times as defined.

The limitation of the pricing is:

  • The price should be defined in USD

  • The price should be more than 60 USD for the course

Additionally, the instructor is allowed to create discount coupons based on a fixed amount or percentage and can share these coupons as the instructor wishes.

3.8 Pricing For Subscriptions

When you sign an agreement for subscription mode Deva platform, you become a Business Customer for Deva. The price and payment mode are negotiable and fixed by intentional agreement between Customer and Deverno. Possible plans for subscription are presented on the corporate website of Deverno.

3.9 Revenue Share For Instructor On Free Plan

When you registered as an instructor on a Deva platform, you agree to share revenue with Deverno based on your earnings. There is no defined subscription fee, recurrent or one-time payment for the Instructor.

When the student registers for your course and pays for it ("Gross Amount"), the instructor is will receive the instructor's share of the collected amount monthly bases on the first day of each month. The instructor's share calculates from the gross amount based on three possible formulas mentioned below:

  • In case the student registers by instructor's personal referral link, then the Net Amount for the instructor is Gross Amount subtracted 2.4% transactional fee and 10% Deva share

    • Net Amount=Gross Amount * 87.84%

  • In case the student registers by searching the Deva portal, then the Net Amount for the instructor is Gross Amount subtracted 2.4% transactional fee and 20% Deva share.

    • Net Amount=Gross Amount * 78.08%​

  • In case the student registers by a link from Deva paid advertisement, then the Net Amount for the instructor is Gross Amount subtracted 2.4% transactional fee and 30% Deva share.

    • Net Amount=Gross Amount * 68.32%​

Deverno would make all instructor payments in U.S. dollars (USD)​​​ on the first day of each month if any revenue was collected during the current month.

To receive the payments from Deverno, instructors have to provide bank account requisites during agreement signing. And the instructor should be the owner of the provided bank account.

3.10 Refunds

You acknowledge and agree that the students have the right to receive a refund, as defined in section 2.2. Instructors will not receive any revenue from transactions for which a refund has been granted under the Terms of Use.

If a student asks for a refund after we have paid the relevant instructor payment, we reserve the right to either (1) deduct the amount of the refund from the next payment sent to the instructor or (2) where no further payments are due to the instructor or the payments are insufficient to cover the refunded amounts, require the instructor to refund any amounts refunded to students for the instructor's Submitted Content.

4. Subscription Terms

This section covers additional terms that apply to your use of our subscription-based services as a third-party business (“Subscription Plans”). By using a Subscription Plan, you agree to the additional terms in this section. Note that use of Deva Business is not subject to these Terms, but is instead governed by the agreement between Deverno and the subscribing organization or individual.

4.1 Subscription Payments

Only legal or physical entities that signed the subscription agreement with Deverno for Solo, Academy, or Enterprise plans are covered in this section.

After signing the agreement the Customer is obligated to transfer to Deverno's bank account the subscription fee for one year within 15 business days after the instance start notification.

The subscription fee should be transferred annually bases until the agreement between Deverno and the Customer is not terminated.

In case the subscription fee was not transferred to Deverno within a given range. Deverno has right to suspend or terminate provided Services.

4.2 Subscription Services Delivery

The customers under the subscription plans will receive the separate Deva platform service within 3 business days after signing the agreement. With the fully working instance, the customer will receive the instruction for initial configuration and have the right to set up the onboarding call with Deva.

5. Deverno's Rights and Obligations

After signing the agreement or registering on the Deva platform Deverno takes the following obligations:

  • Deliver services mentioned in this "Terms and Conditions".

  • Not use any information or data collected from the Customers in any way not mentioned in this Terms.

  • Transfer all funds to instructors as presented in this Terms

  • Manage issues and provide support in the scope of Terms.

  • Deliver topic writer access to the Deva.One's Blog.

  • Notify Deva's social networks about all new courses and schedules.

  • Provide Social Sharing Images to Instructors for their courses based on their request.

5.1 Deverno's Right

Deverno has the following rights:

  • Monitor and manage the platform functionality and data in the scope of rules agreed in this document.

  • Has the right to suspend or terminate the account of the users who broke the agreement terms and rules presented here or in extensional agreement.

  • Has the right to choose which courses will be advertised and the budget size for advertisement.

6. Miscellaneous Legal Terms

These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.

6.1 Binding Agreement

You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with Deverno. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

If you are an instructor accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.

If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.

The following sections shall survive the expiration or termination of these Terms: Sections 1.2.2 (Content Enrollment and Lifetime Access), 5 (Deverno’s Rights and Obligations), 8 (Using Deva at Your Own Risk), 8.5 (Subscription Disclaimers), 6 (Miscellaneous Legal Terms), and 7 (Dispute Resolution).

6.2 Disclaimers

It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our instructors is making misleading statements in their content. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Deverno or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

6.3 Limitation of Liability

There are risks inherent to using our Services, for example, if you access health and wellness content like yoga, and you injure yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.

6.4 Indemnification

If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless Deverno, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

6.5 Governing Law and Jurisdiction

When these Terms mention “Deva” or “Deverno” they’re referring to the Deverno Inc. California Corporation that you’re contracting with. If you’re a student, your contracting entity and governing law will generally be determined based on your location.

If you’re a student or if you’re accessing our Services as an instructor, you’re contracting with Deverno, Inc. and these Terms are governed by the laws of the State of California, USA without reference to its choice or conflicts of law principles. In cases where the “Dispute Resolution” section below doesn’t apply to you, you consent to the exclusive jurisdiction and venue of federal and state courts in San Francisco, California, USA.

6.6 Legal Actions and Notices

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued, except where this limitation cannot be imposed by law.

Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to support@deverno.co).

6.7 Relationship Between Us

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

6.8 No Assignment

You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.

6.9 Sanctions and Export Laws

You warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) aren’t located in, or a resident of, any country that is subject to applicable U.S. trade sanctions or embargoes (such as Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine). You also warrant that you aren’t a person or entity who is named on any U.S. government specially designated national or denied-party list.

If you become subject to such a restriction during the term of any agreement with Deverno, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to Deverno).

You may not access, use, export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any United States and other applicable country export control and trade sanctions laws, rules and regulations. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled under such laws.

7. Dispute Resolution

If there’s a dispute, our Support Team is happy to help resolve the issue. If that doesn’t work and you live in the United States or Canada, your options are to go to small claims court or bring a claim in binding arbitration; you may not bring that claim in another court or participate in a non-individual class action claim against us.

This Dispute Resolution section applies only if you live in the United States or Canada. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Support Team by emailing support@deverno.co.

7.1 Small Claims

Either of us can bring a claim in small claims court in (a) San Francisco, California, (b) the county where you live, or (c) another place we both agree on, as long as it qualifies to be brought in that court.

7.2 Going to Arbitration

If we can’t resolve our dispute amicably, you and Deverno agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

7.3 The Arbitration Process

Any disputes that involve a claim of less than $10,000 USD must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than $10,000 USD must be resolved per the AAA’s rules about whether the arbitration hearing has to be in-person.

7.4 No Class Actions

We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.

7.5 Changes

Notwithstanding the “Updating these Terms” section below, if Deverno changes this "Dispute Resolution" section after the date you last indicated acceptance to these Terms, you may reject any such change by providing Deverno written notice of such rejection by email from the email address associated with your Account to support@deverno.co, within 30 days of the date such change became effective, as indicated by the "last updated on" language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Deverno in accordance with the provisions of this "Dispute Resolution" section as of the date you last indicated acceptance to these Terms.

8. Using Deva at Your Own Risk

Anyone can use Deva to create and publish content and instructors and we enable instructors and students to interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use Deva at your own risk.

Our platform model means we do not review or edit the content for legal issues, and we are not in a position to determine the legality of content. We do not exercise any editorial control over the content that is available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the content. If you access content, you rely on any information provided by an instructor at your own risk.

By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. Deva (legal entity Deverno) has no responsibility to keep such content from you and no liability for your access or enrollment in any course or other content, to the extent permissible under applicable law. This also applies to any content relating to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of content, and by accessing such content you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your access to the content.

When you interact directly with a student or an instructor, you must be careful about the types of personal information that you share. While we restrict the types of information instructors may request from students, we do not control what students and instructors do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.

We do not hire or employ instructors nor are we responsible or liable for any interactions involved between instructors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or students.

When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.

9. Updating These Terms

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Deverno Inc. reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

10. Contact Us

The best way to get in touch with us is to email support@deverno.co or use any other contact option from https://deverno.co/contact-us. We’d love to hear your questions, concerns, and feedback about our Services.

Thanks for teaching, learning, and earning with us!

bottom of page