Terms of Use Agreement

Effective Date: November 4, 2026

These terms apply to new $0-upfront Preorders placed through a checkout that presents these terms, including our private preview checkout. All earlier orders keep the price, payment timing, and other terms accepted at their own checkout, including orders placed earlier on the same date.

Corporate contact & mailing address

The Devin Experience, Inc.

382 NE 191st St

PMB 721853

Miami, Florida 33179-3899 US

Phone: +1 (401) 426-5292

Email: assistant@experiencedevin.com

PLEASE READ THIS TERMS OF USE AGREEMENT ("AGREEMENT") CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU ("USER") AND THE DEVIN EXPERIENCE, INC. ("DEVIN," "COMPANY," "WE," OR "US").

By placing a preorder ("Preorder"), accessing or using experiencedevin.com ("Website"), accessing or using any content, information, services, features or resources available or enabled through the Website (collectively, the "Services"), or clicking a button or taking another action to accept this Agreement, you: (1) agree to be bound by the version of this Agreement presented to you; (2) represent that you are of legal age in your place of residence to form a binding contract; and (3) represent that you have authority to enter into this Agreement personally and, if applicable, for any organization on whose behalf you use the Services. If you do not agree to this Agreement, you may not access or use the Services.

We may update this Agreement for future use of the Services and future transactions. We will post the revised version with its date. Material changes will not silently reduce the price protections, refund rights, benefits, or other terms that applied when you placed an earlier order. Continued use of the Website after a change may apply to that later use, but simply not cancelling an existing Preorder does not by itself mean that you accept a material change to that Preorder.

1. Preorders

1.1. Preorder Products

Devin is still in development and is not currently ready to ship. Estimated delivery: 2027. We'll email and text you once we lock the date. Cancel anytime before it ships. Timing may change, and no individual delivery date is guaranteed. Product features and functions may change during development. If we cannot fulfill your Preorder, we will cancel it and refund all amounts you paid toward it. If shipment will be delayed beyond a promised or legally required time, we will provide notice and, when required by applicable law, ask you to agree to a revised schedule or allow you to cancel for a prompt refund. A tentative estimate does not waive your rights under applicable law.

1.2. Preorder Acceptance

An order receipt confirms that we received your Preorder request. Your reservation becomes active only after your card-backed reservation and future-payment authorization are confirmed. No payment is collected at reservation. An incomplete checkout does not confirm an active reservation. An order receipt is not a shipment notice or means that your device has shipped. If you do not receive a confirmation, contact us at assistant@experiencedevin.com before placing another Preorder. We may reject or cancel a Preorder as described below, but if we do, we will refund all amounts paid for that Preorder.

1.3. Preorder Registration

When you place a Preorder for the Product, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Devin shall have no responsibility or liability for inaccurate information or information that later becomes outdated and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to shipment of the Product by sending an email to assistant@experiencedevin.com.

1.4. Preorder Issues

Although we strive to accept all valid Preorders, Devin reserves the right to deny any Preorder for any reason, including if: (a) we discover an error in pricing and/or other information about the Product or receive insufficient or erroneous billing, payment, and/or shipping information, (b) we suspect a Preorder has been placed using stolen payment card information or otherwise appears to be connected to fraud, or (c) Company determines it will not be manufacturing or shipping the Preordered Product by the anticipated shipping date or at all. We may also refuse any Preorder that is connected with a previous payment dispute.

1.5. Cancellations

You may cancel your Preorder at any time before your device actually ships and receive a full refund of all amounts paid toward that device Preorder. There is no upfront payment for the current campaign. To cancel, email assistant@experiencedevin.com. Refunds are made to the original payment method. We will email you at least 30 days before charging your card with the expected charge date and amount so that you have time to cancel. There is no separate 30-day cancellation cutoff; your right to cancel continues until shipment.

1.6. Returns

Because this is an intimate-use Product, we do not accept returns after shipment for hygiene reasons. This does not limit the Limited Warranty below or any return, refund, replacement, or other right that applicable law requires.

1.7. No Purchases for Purpose of Resale Permitted

To protect the intellectual property rights of Devin and its licensors and suppliers, any purchase of Products for the purpose of resale is strictly prohibited. Devin reserves the right to decline any Preorder that we deem to possess characteristics of reselling.

1.8. Additional Product Terms

Additional terms for using the Products may be provided before delivery. Those terms will not reduce the price protections, refund rights, benefits, or other terms agreed to when you placed your Preorder. Any material change to those Preorder terms requires your express agreement; accepting delivery or using the Product does not by itself mean that you accept such a change.

1.9. Shipping Order

The first 1,000 shipping places are reserved for customers who bought Devin before the current campaign. Batch 1 covers positions 1 through 1,000. New Preorders begin in Batch 2 at position 1,001. Batch 2 covers positions 1,001 through 2,000 and Batch 3 covers positions 2,001 through 5,000. Reservations close at 5,000 total, including the first 1,000 existing customers and 4,000 new reservations.

2. Fees and Purchase Terms

2.1. Payment

The device price for the current campaign is $199 USD. You pay $0 when reserving. A payment card is required. Under the future-payment authorization presented at checkout, the $199 device price will be charged when your Devin device ships. We will email you at least 30 days before charging your card. Applicable tax and shipping charges, if any, will be disclosed separately before you authorize them. We will not increase the device price or add a hidden charge after you agree. You are responsible for keeping your billing and contact information current.

2.2. Payment Processor

New device Preorders are processed through Shopify and Shopify Payments. Their checkout will show the payment terms and any applicable processor notices before you authorize payment. Earlier transactions processed through Stripe remain governed by the terms and disclosures presented for those transactions. You are not required to agree to a merchant services agreement that applies only between Devin and a payment processor. We share payment instructions and transaction information only as needed to process and support your payment.

2.3. Devin App Trial and Subscription

A new device order includes a free two-week trial in the Devin app. The trial begins when you activate the app, not when you place the device Preorder. The trial ends without automatic renewal or any app subscription charge. The app subscription is separate from the device purchase. Your device reservation and authorization for the $199 device charge do not authorize app subscription charges.

After the trial, you may affirmatively choose a separate paid app subscription. App pricing will be announced before you choose a paid plan. Before you sign up, we will clearly disclose its price, billing schedule, and cancellation terms. You will not be charged for an app subscription unless you separately and expressly opt in to it. Ending the free trial does not enroll you in a paid subscription.

3. Feedback

You agree that your submission of any ideas, suggestions, documents, and/or proposals to Devin ("Feedback") is at your own risk and that Devin has no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Devin the right to use any Feedback in any way at any time without any additional approval or compensation.

4. Trademarks

Devin's stylized name and other related graphics, logos, trademarks, service marks and trade names used on or in connection with the Products and Services are the property of Devin and may not be used without our written permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Products and Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Products and Services.

5. Indemnification

You agree to indemnify and hold Devin, its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners and licensors of each (collectively, the "Devin Indemnitees") harmless from any damages, losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any claims concerning: (a) your misuse of the Products or Services; (b) your violation of this Agreement; or (c) your violation of any applicable laws, rules or regulations. Devin reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Devin in asserting any available defenses. This provision does not require you to indemnify any of the Devin Indemnitees for any unconscionable commercial practice by such party or for such party's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this section will survive any termination of this Agreement or your access to the Products or Services.

6. Limited Warranty and Conditions

6.1. Limited Warranty

Devin extends a limited warranty ("Limited Warranty"), which applies only to non-commercial, in-home use of the Products, subject to the exclusions and limitations below. Any other use will void this Limited Warranty. This Limited Warranty applies only for valid warranty claims made during the applicable warranty period below and only so long as the applicable Products remain in the possession of the original purchaser, or for a Product presented as a gift by the original purchaser, the original possessor of that Product. Devin warrants that the Products provided by Devin will be free from defects for a period of 12 months from the date of original delivery. Devin will cover the cost of replacement for Products pursuant to a valid warranty claim made pursuant to this Limited Warranty.

6.2. Who is Covered?

The original purchaser of the Product. The Product must remain in the possession of the original purchaser or, for Products presented as a gift by the original purchaser, the original possessor of that Product. The Limited Warranty is not transferable.

6.3. What is Covered?

If a defect arises in the Product during the applicable warranty period, the original purchaser's (or, as applicable, the original possessor's) sole and exclusive remedy is for Devin to, at Devin's discretion and to the extent permitted by law, either replace or repair the defective Product with the same or a comparable model. Any replacement or repaired Product will be warranted for the remainder of the original applicable warranty period or 3 months from the date of replacement or repair, whichever is longer, or for any additional period that is required by applicable law.

6.4. What is Not Covered?

Any other Devin products or services, non-Devin products or services, labor, Products that are, or that Devin reasonably believes to be, stolen, counterfeit, or purchased from an unauthorized distributor or reseller. In addition, the Limited Warranty does not cover Product defects, damage, or failure arising from: (i) normal wear and tear; (ii) improper or negligent maintenance or use; (iii) use of the Product with parts or accessories not originally intended for or compatible with the Product; or (iv) accident, abuse, improper or abnormal use, neglect, theft, vandalism, fire, flood, or other natural disasters or acts of God of any kind, introduction of foreign objects, or modifications that are unauthorized or not recommended by Devin.

6.5. Disclaimers

THIS LIMITED WARRANTY IS THE EXCLUSIVE WARRANTY GIVEN BY DEVIN AND SUPERSEDES ANY PRIOR, CONTRARY, OR ADDITIONAL REPRESENTATIONS OR WARRANTIES. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY STATUTORY WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED EXCEPT TO THE EXTENT PROHIBITED BY LAW. IN SUCH EVENT, SUCH WARRANTY IS LIMITED TO THE DURATION OF THE WARRANTY PERIODS SET FORTH ABOVE. THIS EXCLUSION APPLIES EVEN IF THIS LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSES AND REGARDLESS OF WHETHER DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR UNDER ANY OTHER LEGAL THEORY. DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS, PRODUCTS, PRICES, AND AVAILABILITY MAY CHANGE FOR FUTURE OFFERINGS. THESE CHANGES DO NOT CHANGE THE AGREED DEVICE PRICE OR REDUCE THE REFUND RIGHTS, BENEFITS, OR OTHER PROTECTIONS OF AN EXISTING PREORDER. THE PREORDER TERMS ABOVE GOVERN EXISTING PREORDERS, INCLUDING NOTICE AND CANCELLATION RIGHTS. OUR CURRENT PRICES FOR NEW ORDERS CAN BE FOUND ON THE SERVICES. WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF OUR PRODUCTS, INCLUDING THE APPLICABLE COLORS; HOWEVER, THE ACTUAL COLOR YOU SEE WILL DEPEND ON YOUR COMPUTER SYSTEM, AND WE CANNOT GUARANTEE THAT YOUR COMPUTER WILL ACCURATELY DISPLAY SUCH COLORS. THE INCLUSION OF ANY PRODUCTS ON THE SERVICES AT A PARTICULAR TIME DOES NOT IMPLY OR WARRANT THAT THESE PRODUCTS WILL BE AVAILABLE AT ANY TIME. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

7. Limitation of Liability

7.1. Disclaimer of Certain Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DEVIN INDEMNITEES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT DEVIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2. Disclaimer of Third Party Conduct

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE DEVIN INDEMNITEES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTIES ON THE SERVICES, INCLUDING WITHOUT ANY LIMITATION, ANY USERS OF THE SERVICES.

7.3. Cap on Liability

UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE DEVIN INDEMNITEES ARE LIABLE TO YOU EXCEED THE GREATER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO DEVIN BY YOU FOR THE PRODUCT, (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE OR REGULATION UNDER WHICH SUCH CLAIM ARISES, OR (C) ONE HUNDRED DOLLARS ($100).

7.4. Basis of the Bargain

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DEVIN AND YOU.

8. General Provisions

8.1. Electronic Communications

The communications between you and Devin use electronic means, whether you visit the Services or send Devin e-mails, or whether Devin posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Devin in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Devin provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in "writing." The foregoing sentence does not affect your statutory rights.

8.2. Assignment

This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Devin's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

8.3. Force Majeure

Devin shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

8.4. Questions, Complaints, Claims

If you have any questions, complaints or claims with respect to the Products or Services, please contact us at assistant@experiencedevin.com. We will do our best to address your concerns.

8.5. Exclusive Venue

Both you and Devin agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts in Miami Dade County, Florida.

8.6. Governing Law

THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW OR OTHER PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.

8.7. Notice

Where Devin requires that you provide an email address, you are responsible for keeping it current. If your last email address cannot receive a notice required or permitted by this Agreement, our sending that notice will still constitute notice to the extent permitted by law. You may give notice to Devin at the following address: The Devin Experience, Inc., 382 NE 191st St., PMB 721853, Miami, FL 33179. Notice by mail is deemed given when received by Devin by nationally recognized overnight delivery service or first-class prepaid mail at that address.

8.8. International Users

The Products and Services are controlled and offered by Devin from its facilities in the United States of America. Devin makes no representations that the Products or Services are appropriate or available for use in other locations. Those who access or use the Products or Services from other countries do so at their own volition and are responsible for compliance with local law.

8.9. Waiver

Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

8.10. Severability

If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

8.11. Export Control

You may not use, export, import, or transfer the Products or Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Products or Services, and any other applicable laws. In particular, but without limitation, the Products and Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Products or Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Products or Services for any purpose prohibited by U.S. law.

8.12. Consumer Complaints

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

8.13. Entire Agreement

This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

Devin