Terms & Conditions
Terms & Conditions
1. Introduction
Welcome to Develean. These Terms & Conditions (“Terms”) govern your access to and use of the website located at develean.com (“Website”) and set out the general terms governing business engagements with Develean LLC (“Develean,” “we,” “us,” or “our”). By browsing our Website, booking a discovery consultation, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
2. Definitions
To keep things clear and unambiguous, the following terms have specific meanings throughout this document:
- “Client,” “You,” or “Your”: Refers to any company, business entity, or authorized individual accessing our Website or contracting Develean for engineering team services.
- “Services”: Refers to Develean’s dedicated engineering team staffing, operational backend management, recruitment, vetting, payroll administration, HR oversight, workspace infrastructure, and Momentum Management.
- “Service Agreement”: The binding contractual agreement executed between Develean and a Client specifying the scope, team structure, retainer fees, notice periods, and service levels of a specific commercial engagement.
- “Workspace Portal”: The proprietary digital platform provided by Develean to Clients to monitor team attendance, sprint progress, operational metrics, and communications.
3. Use of the Website
You agree to use our Website only for lawful business purposes in connection with evaluating or engaging our services. Specifically, you agree not to:
- Disrupt, compromise, or attempt to gain unauthorized access to our servers, networks, or digital infrastructure.
- Use automated scrapers, data-mining tools, or bots to harvest content, code, or data without our express written permission.
- Introduce malicious code, trojans, viruses, or other harmful materials into our digital systems.
- Misrepresent your identity, affiliation, or authority when submitting inquiries or booking consultations.
4. Services
Develean is a dedicated engineering operations partner, not a one-off gig platform or transactional freelancer broker. We recruit, employ, and operate standing engineering teams for companies across the United States, Canada, the European Union, and internationally. While our Website describes our delivery model and service offerings, specific deliverables, team compositions, and commercial obligations are governed by your signed Service Agreement.
5. Client Responsibilities
To ensure high-velocity delivery and seamless collaboration, Clients engaging Develean teams agree to:
- Provide clear technical requirements, specifications, and project directives.
- Grant necessary repository access, development environments, and communication tool permissions in a timely manner.
- Participate in scheduled overlap sessions and standups with their dedicated team and Momentum Manager.
- Treat all assigned engineers with professional respect and maintain a harassment-free working environment.
6. Talent / Engineering Team Engagement
Develean acts as the operational employer for all assigned engineers, handling employment contracts, payroll processing, tax compliance, benefits, hardware provisioning, and HR administration. The Client retains full technical direction, product management, and day-to-day prioritization over the work product. If an assigned engineer is ever deemed unsuitable or becomes unexpectedly unavailable, our Replacement Guarantee applies as described in our Service Agreement and Refund Policy.
7. Intellectual Property
We respect intellectual property as paramount to any technology enterprise:
- Client IP & Work Product: All custom code, software architectures, algorithms, trade secrets, documentation, and technical deliverables produced by engineers exclusively for you under an active engagement belong 100% to you as “work made for hire” upon payment of applicable fees. Develean claims zero ownership over your proprietary code or business IP.
- Develean IP: The Develean name, logo, website design, brand collateral, text, graphics, proprietary operational frameworks, and Workspace Portal software remain the exclusive intellectual property of Develean LLC and are protected by international trademark and copyright laws.
8. Confidentiality
Both parties agree to treat all non-public business, technical, operational, and financial information disclosed during conversations or engagements as strictly confidential. Enforceable non-disclosure agreements (NDAs) govern client engagements, ensuring your code, roadmaps, and business strategies are safeguarded at all times.
9. Payments and Fees
Our payment terms are structured for clarity, stability, and mutual operational security:
- Services are billed as a monthly retainer in advance of the service period, as detailed in your Service Agreement.
- Invoices are payable upon receipt according to the schedule specified in your contract.
- Refunds, proration credits, pilot engagement terms, and cancellation policies are governed by our published Refund & Cancellation Policy and your signed Service Agreement.
10. Third-Party Services
Our Website and services may reference or integrate with third-party tools such as Calendly (for meeting scheduling), Google services (for communication and forms), GitHub, and communication software like Slack. Your use of these third-party platforms is governed by their respective terms of service and privacy policies. Develean is not responsible for the independent practices or availability of external third-party tools.
11. Website Availability
While we work hard to keep our Website online, secure, and running smoothly 24/7, we do not guarantee uninterrupted or error-free operation. We reserve the right to modify, suspend, or discontinue any aspect of our Website at any time for scheduled maintenance, updates, or security improvements without prior notice.
12. Limitation of Liability
To the maximum extent permitted by applicable law, Develean LLC, its affiliates, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, revenue, or business opportunities, arising out of or related to your use of this Website or services. In all circumstances, our aggregate liability arising from your commercial engagement shall be strictly limited to the fees actually paid to Develean by you under the applicable Service Agreement during the three (3) months immediately preceding the event giving rise to liability.
13. Disclaimer
Information on this Website is provided on an “as is” and “as available” basis for general informational and marketing purposes. While we strive for accuracy, we make no express or implied warranties regarding completeness, suitability, or merchantability of the information on the Website outside of formal commitments in our executed Service Agreements.
14. Indemnification
You agree to defend, indemnify, and hold harmless Develean LLC, its officers, directors, and employees from and against any third-party claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from your violation of these Terms, misuse of the Website, or infringement of third-party rights by your proprietary specifications or materials.
15. Termination
We reserve the right to suspend or terminate your access to our Website at our sole discretion if you violate these Terms or engage in fraudulent or unlawful activity. Termination of commercial service engagements is governed strictly by the notice periods and termination clauses established in your signed Service Agreement.
16. Changes to These Terms
As our business and legal requirements evolve, we may update these Terms from time to time. When changes are made, the “Last Updated” date at the top will be updated. Your continued use of the Website after such modifications constitutes your acceptance of the revised Terms.
17. Governing Law / Jurisdiction
These Terms and any dispute arising from them or your relationship with Develean shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to conflict of law principles. Any legal suit, action, or proceeding shall be instituted exclusively in the federal or state courts located in Austin, Travis County, Texas.
18. Contact Information
If you have any questions, clarifications, or concerns regarding these Terms & Conditions, please contact us directly:
- Develean LLC
- 5900 Balcones Drive, STE 100, Austin, Texas, 78731, USA
- business@develean.com / info@develean.com
- develean.com
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