Terms of Service for “Cross-Project Board for Jira”
This documents describes the terms under which we provision the application “Cross-Project Board for Jira“.
By installing the application into your Jira instance you confirm to have read, to have understood and to have agreed to the following Terms.
“Aldeva Digital”, “we“, “our“, or “us” is data controller of personal information collected and processed through our services.
“Atlassian” – a company Atlassian Pty Ltd, Level 6, 341 George Street Sydney, NSW 2000 Australia
“Atlassian Marketplace” – an online service provided by Atlassian
“Services” or “Addon” – our application installable from Atlassian Marketplace (https://marketplace.atlassian.com/1228478)
“You”, “Customer“, “Your” or “User” – a person or a company having installed our addon from Atlassian Marketplace
“Jira” – a software provisioned by Atlassian
1. Addon installation
You must install the addon from Atlassian Marketplace in order to use it.
Subject to the terms and conditions of this Agreement, we grant to Subscriber a limited, worldwide, non-exclusive, non-transferable, non-sublicensable right during the term of this Agreement for the use of the Service by the Subscriber and Subscriber’s personnel solely in connection with Subscriber’s internal business operations.
We will provide you with technical support services relating to the Service in accordance with your tier of service. You acknowledge and agree that: (a) the Services are still in development by us; (b) the Services may not operate properly, be in final form or fully functional; (c) the Services may contain errors, design flaws or other problems; and (d) we are under no obligation to update or continue to develop the Services.
4. Fees and Payment
Fees are not processed by us. All payments for your services are handled by Atlassian.
5. Term and Termination
The term of this Agreement commences upon your registration for a Service subscription and remains in effect for the term of your subscription. Subscriptions are month-to-month or year-to- year, as you elect at the end of your product trial, unless otherwise agreed. The term of your subscription, including the obligation to pay the applicable Service subscription fees, will automatically renew for additional successive terms of the same duration unless terminated as specified in this Section. You may terminate this Agreement at any time upon written notice to us. For the purposes of providing notice of non-renewal as described in this paragraph, notice via email to us at email@example.com will be deemed sufficient. Upon termination, your access to the Service and any information stored by the Service will also terminate. We may terminate this Agreement at any time upon 30 days’ prior written notice for its convenience.
We may immediately, without notice, suspend or terminate your access to the Service and terminate this Agreement for any of the following reasons:
- you breach any provision of this Agreement;
- you seek to hack the security mechanisms of the Service or we otherwise determine that your use of the Service poses a security risk to us or to another user of the Service;
- you introduce a malicious program into the network or a virtual machine instance;
- you cause network interference that affects Service performance for other customers;
- you use the Service in a way that we determine, in our sole discretion, is abusive or disrupts or threatens the performance or availability of the Service; or
- we receive notice or we otherwise determine,in our sole discretion, that you may be using the Service for an illegal purpose or in a way that violates the law or violates, infringes, or misappropriates the rights of any third party.
If this Agreement is terminated for any reason:
- we are not obligated to retain that information following any termination and makes no representation to the integrity, completeness or timeliness of any data following termination of our legal relationship.
6. Access to the Service; Modifications to the Service
We do not provide you with the equipment to access the Service or other services required to make use of the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g., Internet access charges, etc..). We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You must comply with all applicable laws, including privacy laws, when using the Service.
Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to:
- modify or reverse engineer any portion of the Service;
- rent, lease, or otherwise permit any third party to use any portion of the Service;
- circumvent or disable any security or other technological features or measures of any portion of the Service;
- use the Service in a manner that threatens the integrity, performance, or availability of the Service; nor
- remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service.
8. Ownership; Customer Attribution
Except for the rights to access the Service expressly granted to you in this Agreement, we retain all right, title, and interest in and to the Service, including all related intellectual property rights. The Service is protected by applicable intellectual property laws, including Slovakia copyright law and international treaties. By using the Service, you hereby grant, and represent and warrant that you have all rights necessary to grant us the right to list Subscriber as a customer or client of the addon on public facing websites and to use Subscriber’s logos subject to communicated brand guidelines, if any.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. You authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback in any manner and for any purpose.
You will communicate information with and through the Service. You acknowledge and agree that in order to use the Services you and your employees will provide us with access to certain Third Party Accounts, such as Slack, Google Apps. In addition, we may collect registration and other information about your use of the Service.
You hereby grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use and exploit all information that we collect:
- internally in any way subject to our obligation of non-disclosure in Section 11; and
We will not disclose to any third party, without your consent, the information or material you upload to the Service. Although we take security and privacy very seriously, we make no warranty or guarantee to you regarding the security or confidentiality of any User Information. We may, however, disclose that information or material if required by law or if we reasonably determine that disclosure is necessary to prevent harm to our service or any third party. Your consent to disclosure shall be deemed given when you use our service in connection with a third party application or Third Party Account, solely with respect to disclosure in connection with your use of such third party application (i.e., data is passed to Slack). If the service is required by law to disclose any of that information or material, we will make reasonable efforts to provide you prompt written notice of that requirement prior to disclosure.
12. Warranties; Disclaimer
We warrant that the Service will, during the term of your subscription, materially conform to any description of the Service published by us. As addon’s sole and exclusive liability for breach of this limited warranty, and your sole and exclusive remedy, we will make reasonable efforts to correct the non-conformity.
Subscriber represents and warrants that:
- Subscriber will not upload any information to the Service unless Subscriber has all permissions or licenses necessary to do so and to authorize service’s use of that information in accordance with this Agreement; and
- Subscriber’s use of the Service will not subject service to any liability or cause service to violate any law, rule, or regulation or guideline.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING PARAGRAPH, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE, AND YOU RELY ON THE SERVICE AT YOUR OWN RISK. ANY MATERIAL ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
13. Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL OUR TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY OUR SERVICE TO SUBSCRIBER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS SET FORTH IN THIS AGREEMENT WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You will indemnify and hold the service and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Service, your violation of this Agreement, or your violation of any rights of a third party through use of the Service.
15. Force Majeure
We will not be liable to you for any delay or failure to perform any obligation under this Agreement if the delay or failure is due to circumstances beyond our reasonable control.
You may not assign this Agreement or any right, duty, or obligation under this Agreement, without our prior written consent. If consent is given, this Agreement will bind your successors and assigns. Any attempt by you to transfer any right, duty, or obligation under this Agreement except as expressly provided in this Agreement is void. We may assign this Agreement or any right, duty, or obligation under this Agreement, at any time without your consent.
We may utilize one or more subcontractors or other third parties to perform its duties under this Agreement so long as we remains responsible for all of its obligations under this Agreement.
Except as otherwise expressly set forth in this Agreement, any notice required or permitted to be given in accordance with this Agreement will be effective if it is in writing and sent by certified or registered mail, or insured courier, return receipt requested, to the appropriate party at the address set forth below for the service, and at the address set forth in the Subscriber account for Subscriber and with the appropriate postage affixed. Either party may change its address for receipt of notice by notice to the other party in accordance with this Section. Notices are deemed given fifteen business days following the date of mailing.
The waiver by either party of any breach of any provision of this Agreement does not waive any other breach. The failure of any party to insist on strict performance of any covenant or obligation in accordance with this Agreement will not be a waiver of such party’s right to demand strict compliance in the future, nor will the same be construed as a novation of this Agreement.
If any part of this Agreement is found by a court of competent jurisdiction to be illegal, unenforceable, or invalid, the remaining portions of this Agreement will remain in full force and effect. If any material limitation or restriction on the use of the Service under this Agreement is found to be illegal, unenforceable, or invalid, Subscriber’s right to use the Service will immediately terminate.
Agreement This Agreement is the final and complete expression of the agreement between these parties regarding Subscriber’s use of the Service. This Agreement supersedes, and the terms of this Agreement govern, all previous oral and written communications regarding these matters, all of which are merged into this Agreement. No employee, agent, or other representative of us has any authority to bind the service with respect to any statement, representation, warranty, or other expression unless the same is specifically set forth in this Agreement. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms of this Agreement. This Agreement may be changed only by a written agreement signed by an authorized agent of the party against whom enforcement is sought. Our service will not be bound by, and specifically objects to, any term, condition, or other provision that is different from or in addition to this Agreement (whether or not it would materially alter this Agreement) that is proffered by Subscriber in any receipt, acceptance, confirmation, correspondence, or otherwise, unless we specifically agree to such provision in writing and signed by an authorized agent of us.
Updated at: 15th June, 2022