End-User License Agreement
DevolveSphere is committed to maintaining the highest standards of privacy, security, transparency, accountability, and responsible information management for all users of the Katarungang Pambarangay Management System (KPMS).
1. Agreement Overview
This KPMS Local Edition End-User License Agreement, referred to as the “EULA” or the “Agreement,” governs the installation, access, and use of the locally installed edition of the Katarungang Pambarangay Management System, referred to as the “KPMS Local Edition,” the “Software,” or the “Licensed Software.”
The Software is provided by DevolveSphere Management Consultancy Services, referred to as “DevolveSphere,” to the barangay, city, municipality, local government unit, institution, organization, or other entity identified in the applicable proposal, quotation, invoice, license confirmation, delivery document, or written agreement, referred to as the “Licensee.”
2. Acceptance of the EULA
By installing, activating, accessing, copying, configuring, launching, or using the KPMS Local Edition, the Licensee and its authorized users acknowledge that they have read, understood, and agreed to this EULA.
A person who installs or uses the Software on behalf of an organization represents that they are authorized to accept this EULA for that organization.
If the Licensee does not agree to this EULA, the Software must not be installed or used.
3. Relationship with Other Documents
This EULA must be read together with the applicable:
- Proposal or quotation.
- License confirmation or delivery document.
- Invoice or billing statement.
- Implementation or installation agreement.
- Maintenance or support agreement.
- Terms of Service.
- Privacy Policy.
- Confidentiality or data-protection agreement, when applicable.
Where a signed or formally accepted written agreement conflicts with this EULA, the more specific written agreement will govern the subject it expressly covers.
4. Description of the KPMS Local Edition
The KPMS Local Edition is software designed to support local administration of Katarungang Pambarangay case-management processes.
The Software may include functionality for:
- Recording and managing barangay disputes and case information.
- Managing complainants, respondents, witnesses, and case participants.
- Scheduling and recording hearings and proceedings.
- Managing mediation, conciliation, arbitration, settlement, execution, and referral workflows.
- Generating KP forms, summons, notices, certifications, settlements, and reports.
- Managing local user accounts, roles, and permissions.
- Producing dashboards, monitoring information, and administrative reports.
- Storing case and configuration data on authorized local devices or infrastructure.
5. License Grant
Subject to compliance with this EULA and the applicable commercial documents, DevolveSphere grants the Licensee a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the KPMS Local Edition for authorized internal official purposes.
The license grants a right to use the Software. It does not transfer ownership of the Software, source code, architecture, design, documentation, branding, or other intellectual property.
6. Licensed Organization
The Software may be used only by the barangay, local government unit, office, institution, or organization identified in the applicable license confirmation, proposal, quotation, invoice, or written agreement.
Unless expressly authorized in writing, the Licensee must not share, transfer, deploy, or make the Software available to another barangay, office, organization, institution, or third party.
7. Authorized Installation
The Software may be installed only on the computer, device, server, network, or local infrastructure authorized under the applicable license arrangement.
The number of permitted installations, devices, offices, locations, and users shall be determined by the applicable proposal, quotation, license confirmation, delivery document, or written agreement.
Installation on additional devices or infrastructure requires prior written authorization from DevolveSphere.
8. Authorized Users
The Licensee may permit access only to officials, personnel, administrators, Lupon members, secretaries, staff, or other individuals who have a legitimate official need to use the Software.
Each authorized user must comply with this EULA, the applicable Terms of Service, internal organizational policies, confidentiality requirements, and lawful official procedures.
9. User Accounts and Credentials
Where the Software provides individual user accounts, each user must access the System only through the account assigned to them.
The Licensee and its users must:
- Maintain the confidentiality of usernames and passwords.
- Prevent account sharing.
- Use appropriate passwords and access controls.
- Deactivate accounts of separated, transferred, or unauthorized personnel.
- Promptly report suspected unauthorized access.
- Protect active sessions from unauthorized viewing or use.
10. Permitted Use
The Software may be used only for lawful and authorized official purposes, including barangay case management, records administration, hearing monitoring, form generation, reporting, and related governance functions.
The Licensee may create reasonable backup copies of the Software and its local data solely for disaster recovery, operational continuity, and authorized archival purposes.
11. License Restrictions
Except where expressly authorized in writing, the Licensee must not:
- Copy or reproduce the Software except for authorized backup purposes.
- Sell, resell, rent, lease, sublicense, distribute, or commercially exploit the Software.
- Transfer the Software or license to another organization or device.
- Reverse engineer, decompile, disassemble, decode, or attempt to derive the source code.
- Modify, adapt, translate, or create derivative software based on KPMS.
- Remove or alter copyright, ownership, branding, security, or license notices.
- Bypass activation, authentication, user permissions, or license restrictions.
- Use the Software to develop or assist the development of a competing system.
- Provide unauthorized persons with administrative or database access.
- Host or expose the Local Edition as an unauthorized public or commercial online service.
12. No Transfer of Ownership
The KPMS Local Edition is licensed and not sold.
The Licensee receives only the limited usage rights expressly granted under this EULA and the applicable written agreement.
All ownership rights not expressly granted remain with DevolveSphere or its licensors.
13. Local Data Ownership
The Licensee retains responsibility for and control over official case information, records, documents, attachments, and other data entered into or generated through the KPMS Local Edition.
DevolveSphere does not acquire ownership of the Licensee’s official records merely because the Software stores, organizes, displays, or processes those records.
14. Local Data Storage
Information processed through the KPMS Local Edition may be stored on the Licensee’s authorized computer, local database, storage device, server, or network.
Unless remote support, migration, backup, or another service is expressly authorized, the Licensee is primarily responsible for the security, availability, retention, and integrity of locally stored data.
15. Licensee Data Responsibilities
The Licensee is responsible for:
- Ensuring the accuracy and completeness of encoded information.
- Determining the lawful purpose and basis for processing personal information.
- Maintaining appropriate records-retention practices.
- Restricting access to authorized personnel.
- Protecting case records and confidential information.
- Reviewing system-generated documents before official issuance.
- Maintaining copies of signed and officially issued records.
- Complying with applicable laws, regulations, and administrative procedures.
16. Privacy and Personal Information
The Licensee is responsible for ensuring that personal information entered into the Software is collected, accessed, used, disclosed, retained, and disposed of lawfully.
Only information reasonably necessary for legitimate and authorized official purposes should be stored in the Software.
Where DevolveSphere accesses local data for authorized technical support, migration, troubleshooting, maintenance, or recovery, such access shall be limited to what is reasonably necessary for the approved service.
17. Confidentiality
Case information, personal data, hearing records, settlement details, generated forms, administrative records, credentials, system configuration, and technical information may be confidential.
The Licensee must ensure that confidential information is not disclosed, copied, printed, exported, transmitted, or accessed except for lawful and authorized purposes.
18. Device Security
The Licensee is responsible for securing every device on which the Software or its data is installed, stored, accessed, backed up, or transferred.
Reasonable device-security measures should include:
- Strong operating-system passwords.
- Restricted administrator access.
- Updated antivirus or endpoint protection.
- Supported operating systems and software.
- Firewall and network protections.
- Secure physical storage and workspace controls.
- Screen locking when devices are unattended.
- Controlled use of removable drives and external storage.
- Protection against theft, loss, malware, and unauthorized copying.
19. Local Network Security
Where the Software is accessed through a local network, the Licensee is responsible for securing routers, workstations, shared folders, servers, wireless connections, database access, and local network credentials.
The Software must not be exposed to the public internet or an untrusted network unless expressly configured and authorized by DevolveSphere.
20. Backup Responsibilities
The Licensee is responsible for maintaining regular, verified, and secure backups of the Software’s local database, uploaded documents, configuration files, generated outputs, and other critical records.
Backups should be stored in a location separate from the primary device and protected against unauthorized access, malware, fire, flood, theft, corruption, and hardware failure.
The Licensee should periodically test whether backups can be successfully restored.
21. No Guarantee of Data Recovery
DevolveSphere may provide reasonable technical assistance for data recovery where covered by an applicable support or maintenance agreement.
Successful recovery cannot be guaranteed where data has been deleted, corrupted, overwritten, encrypted by malware, damaged by hardware failure, or lost without a valid backup.
DevolveSphere is not responsible for data loss caused by the Licensee’s failure to maintain adequate backups.
22. Installation Services
DevolveSphere may provide installation, activation, configuration, migration, user setup, testing, orientation, and deployment assistance according to the applicable implementation arrangement.
The Licensee must provide suitable hardware, operating-system access, electrical power, connectivity where required, administrative permissions, and an appropriate working environment for installation.
23. Hardware and System Requirements
The Licensee is responsible for providing and maintaining hardware, operating systems, storage capacity, peripherals, local-network equipment, power protection, and other technical resources necessary to operate the Software.
The Software may not function properly on unsupported, outdated, insufficient, damaged, or improperly configured equipment.
24. Device Replacement
If an authorized device is replaced due to upgrade, damage, loss, theft, repair, or operational need, reinstallation may require:
- Verification of the existing license.
- Deactivation or removal from the previous device.
- Submission of a reinstallation request.
- Confirmation of the replacement device.
- Payment of applicable technical-service charges where provided in the controlling agreement.
A device replacement does not authorize use of the Software on both the old and replacement devices unless expressly permitted.
25. Loss or Theft of an Authorized Device
The Licensee must promptly report the loss or theft of any device containing the Software or KPMS data.
The Licensee remains responsible for local incident response, credential changes, official reporting, data-breach assessment, and actions necessary to protect affected records.
26. Updates and Patches
DevolveSphere may release software updates, bug fixes, compatibility updates, security patches, template revisions, workflow improvements, or feature enhancements.
Availability and delivery of updates may depend on the applicable license, maintenance arrangement, support plan, software version, hardware compatibility, and operating-system compatibility.
27. Installation of Updates
Updates should be installed only by authorized personnel or in accordance with DevolveSphere’s documented instructions.
Before installing an update, the Licensee should create a verified backup of the database, uploaded records, templates, and configuration files.
DevolveSphere is not responsible for damage caused by unauthorized modifications, interrupted updates, failure to follow instructions, or installation by unqualified persons.
28. Version Support
DevolveSphere may designate certain Software versions as current, supported, limited-support, legacy, or discontinued.
Continued support may require installation of updates or migration to a supported version.
Older versions may no longer receive security patches, compatibility updates, or technical assistance.
29. Maintenance Services
Maintenance services may include software updates, troubleshooting, database checking, configuration assistance, bug fixes, template updates, and technical consultation.
Maintenance coverage, duration, exclusions, delivery method, and service conditions shall be determined by the applicable maintenance agreement, support plan, proposal, quotation, or written confirmation.
30. Technical Support
Technical support may include assistance with:
- Installation and activation.
- Account access and user configuration.
- Software errors and troubleshooting.
- Database and backup procedures.
- Document-generation issues.
- Approved updates and migrations.
- General operational guidance.
Technical support does not include legal advice, official case decisions, legal interpretation, or responsibility for the Licensee’s compliance with government procedures.
31. Remote Support
With the Licensee’s authorization, DevolveSphere may provide remote support through approved communication or remote-access tools.
The Licensee must ensure that an authorized representative is present or available during the remote-support session when required.
Remote access shall be limited to the technical purpose authorized by the Licensee and should be ended after the support activity is completed.
32. Onsite Support
Onsite support may require a separate written request, schedule, service arrangement, or applicable charge.
The Licensee is responsible for providing safe access to the location, authorized personnel, suitable equipment, and the information required to perform the requested service.
33. Unauthorized Modifications
The Licensee must not modify the Software, database structure, source code, executable files, security settings, license controls, templates, or technical configuration except as expressly authorized.
DevolveSphere may decline support or warranty assistance where a problem results from unauthorized modification, third-party intervention, malware, unsupported software, or improper configuration.
34. Third-Party Software
The KPMS Local Edition may depend on third-party components such as an operating system, database engine, browser, document-processing library, runtime environment, or security software.
Such components may be governed by their own license terms and may require updates, configuration, or continued availability.
DevolveSphere is not responsible for failures caused solely by unsupported or incompatible third-party software beyond its reasonable control.
35. Internet Connectivity
The Local Edition may primarily operate through local infrastructure, but certain functions may require internet access, including email delivery, activation, updates, remote support, online verification, external links, or other optional services.
The Licensee is responsible for internet connectivity, network access, bandwidth, and related telecommunications costs.
36. Generated Forms and Reports
KPMS assists authorized users in generating forms, notices, summons, certifications, settlements, reports, and other administrative documents.
The Licensee must ensure that every generated document is reviewed by an authorized official before it is signed, issued, transmitted, submitted, printed, filed, or relied upon.
DevolveSphere is not responsible for errors resulting from inaccurate, incomplete, outdated, or improperly encoded information.
37. No Legal Advice
The Software is an administrative and case-management tool.
It does not provide legal representation, judicial decisions, binding legal opinions, or a substitute for legal review and official judgment.
The Licensee remains responsible for compliance with applicable laws, regulations, issuances, procedures, and official requirements.
38. Intellectual Property
The KPMS Local Edition, including its source code, executable files, architecture, database design, interface, workflows, templates, reports, documentation, graphics, branding, updates, and derivative developments, is owned by or licensed to DevolveSphere.
No ownership right is transferred to the Licensee.
39. DevolveSphere Branding
The Licensee must not remove, conceal, alter, or misrepresent DevolveSphere’s copyright, trademark, ownership, attribution, or license notices contained in the Software or its documentation.
Any approved customization, co-branding, white-label arrangement, or branding modification must be covered by a separate written authorization.
40. Feedback and Suggestions
The Licensee may provide comments, suggestions, workflow recommendations, feature requests, or operational feedback.
DevolveSphere may use such feedback to improve the Software, provided that it does not disclose confidential Licensee information or claim ownership of the Licensee’s official records.
41. Security Incidents
The Licensee must promptly investigate and respond to suspected unauthorized access, malware, credential compromise, device theft, data loss, database corruption, or other incidents affecting the Software or locally stored information.
DevolveSphere may provide technical assistance where covered by the applicable support arrangement, but the Licensee retains responsibility for local security, official notifications, and legal compliance.
42. Prohibited Use
The Licensee and its users must not:
- Use the Software for unlawful, fraudulent, deceptive, abusive, or unauthorized purposes.
- Access case records without a legitimate official need.
- Disclose confidential information to unauthorized persons.
- Use the Software to harass, harm, threaten, or unlawfully monitor any person.
- Upload or introduce malicious code or harmful files.
- Use the Software in violation of applicable law or official procedure.
- Misrepresent generated documents as independently reviewed legal advice.
- Interfere with license controls, authentication, security, or application integrity.
43. Compliance Review
Where reasonably necessary to verify license compliance, DevolveSphere may request confirmation of the licensed organization, authorized device, installed version, installation count, or system configuration.
Any compliance review must be conducted reasonably and with appropriate regard for the confidentiality of official records.
44. License Activation
Use of the Software may require installation confirmation, activation, configuration, license credentials, or another technical-control process.
The Licensee must not bypass, alter, copy, or distribute any activation or license-control mechanism.
45. License Term
The license begins on the date stated in the applicable license confirmation, delivery document, invoice, proposal, or written agreement.
The duration of the license and any associated maintenance or support coverage shall be determined by the applicable commercial documents.
46. Perpetual or Lifetime License Language
Where a commercial document describes the license as “perpetual” or “lifetime,” that term refers to continued use of the licensed Software version by the identified Licensee on authorized infrastructure, subject to this EULA.
A perpetual or lifetime license does not automatically include:
- Unlimited updates or future versions.
- Unlimited technical support.
- Unlimited device transfers or reinstallations.
- Cloud hosting or online services.
- Additional installations or organizations.
- Custom development or new modules.
- Compatibility with future operating systems or hardware.
Any continuing maintenance, updates, migration, support, or enhancement services may be governed by a separate arrangement.
47. Suspension of Support
DevolveSphere may suspend technical support, updates, or maintenance services where:
- The applicable support or maintenance period has expired.
- Required service fees remain unpaid.
- The Software has been materially modified without authorization.
- The Licensee has violated this EULA.
- The installed version or operating environment is no longer supported.
- Continued support would create a security or legal risk.
48. Termination of the License
DevolveSphere may terminate the license if the Licensee:
- Materially violates this EULA.
- Copies, redistributes, sells, or sublicenses the Software without authorization.
- Attempts to reverse engineer or unlawfully modify the Software.
- Uses the Software for unlawful or fraudulent purposes.
- Provides unauthorized access to another organization.
- Fails to remedy a material breach after reasonable notice, where remediation is possible.
49. Effect of Termination
Upon termination, the Licensee must:
- Stop using the Software.
- Remove the Software from unauthorized devices.
- Cease copying, distributing, or accessing licensed components.
- Preserve official records according to applicable law and internal policy.
- Comply with any lawful data-export or closure process.
Termination does not transfer ownership of the Software or cancel accrued financial, confidentiality, intellectual-property, or liability obligations.
50. Warranty
DevolveSphere warrants that installation and authorized services will be performed using reasonable care, technical competence, and professional diligence.
Except as expressly stated in a written agreement, the Software is provided on an “as available” and “as configured” basis.
DevolveSphere does not guarantee that the Software will:
- Be completely free from errors.
- Operate indefinitely on every device or operating system.
- Remain compatible with all future hardware or software.
- Prevent every possible security incident or data loss.
- Meet every legal or administrative requirement without official review.
51. Warranty Exclusions
Warranty or corrective-service obligations may not apply to problems caused by:
- Unauthorized modification or repair.
- Unsupported hardware or operating systems.
- Malware, ransomware, viruses, or compromised devices.
- Power failure, electrical damage, fire, flood, theft, or physical damage.
- Failure to maintain backups.
- Third-party software incompatibility.
- Improper installation or configuration by unauthorized persons.
- User error, inaccurate data, or failure to follow instructions.
52. Limitation of Liability
To the extent permitted by law, DevolveSphere will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages arising from installation, use, inability to use, or loss of access to the Software.
DevolveSphere is not responsible for loss or damage caused by:
- Failure to maintain valid backups.
- Hardware failure or device damage.
- Malware, ransomware, theft, or unauthorized access.
- Credential sharing or insecure local practices.
- Incorrect or incomplete encoded information.
- Failure to review generated documents.
- Unauthorized modification of the Software.
- Use of unsupported systems or third-party components.
- Failure to comply with official procedures.
Any direct-liability limitation shall be governed by the applicable signed agreement, proposal, quotation, invoice, license confirmation, or other controlling commercial document.
53. Indemnity
To the extent permitted by law, the Licensee is responsible for claims, losses, liabilities, or expenses arising from:
- Unlawful or unauthorized use of the Software.
- Unauthorized disclosure of case records or personal information.
- Inaccurate, misleading, or unlawfully collected data.
- Violation of this EULA.
- Failure to secure local devices, networks, accounts, or backups.
- Failure to comply with applicable laws or official procedures.
54. Force Majeure
Neither party will be liable for delay or failure caused by events beyond reasonable control, including natural disasters, fire, flood, earthquake, epidemic, war, civil disturbance, government action, widespread power failure, telecommunications interruption, hardware supply disruption, or similar events.
55. Assignment and Transfer
The Licensee may not assign, transfer, donate, sell, sublicense, or otherwise convey the Software or license to another person or organization without prior written authorization from DevolveSphere.
A change in officials, officers, or personnel within the same licensed organization does not automatically transfer the license to another legal or organizational entity.
56. Notices
Notices under this EULA may be delivered through:
- Official email.
- Formal letter.
- License or support documentation.
- System notice.
- Other contact channels agreed by the parties.
The Licensee must maintain current official contact information for licensing, support, updates, and security communications.
57. Governing Law
This EULA is governed by the laws of the Republic of the Philippines, without prejudice to laws, regulations, and official procedures applicable to local government units, public records, data protection, procurement, and Katarungang Pambarangay administration.
58. Dispute Resolution
The parties should first attempt to resolve disputes through good-faith discussion, technical review, documentation review, and coordination between authorized representatives.
Any unresolved dispute shall be handled according to the applicable signed agreement, procurement document, proposal, license confirmation, service contract, or other controlling written arrangement.
59. Severability
If any provision of this EULA is found invalid, unlawful, or unenforceable, the remaining provisions will continue in effect to the fullest extent permitted by law.
60. Waiver
Failure to enforce a provision of this EULA does not constitute a permanent waiver of that provision or any other right.
61. Amendments
DevolveSphere may update this EULA to reflect changes in law, technology, security practices, licensing arrangements, Software functionality, or operational requirements.
Material amendments may be communicated through official email, system documentation, an updated license package, or another appropriate channel.
62. Survival
Provisions concerning intellectual property, confidentiality, data responsibility, payment obligations, prohibited use, limitation of liability, indemnity, dispute resolution, and other provisions that by their nature should survive will remain effective after expiration or termination.
63. Entire Agreement
This EULA, together with the applicable proposal, quotation, invoice, license confirmation, implementation agreement, maintenance agreement, Terms of Service, Privacy Policy, and other formally accepted written documents, constitutes the complete understanding governing use of the KPMS Local Edition.
64. Contact Information
Questions concerning this EULA, installation, activation, device replacement, updates, maintenance, support, backups, licensing, or authorized use may be submitted through the official DevolveSphere contact and support channels.