IMPORTANT NOTE: PLEASE READ THIS END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE APPFORGE.AI SOFTWARE (“SOFTWARE”). THIS EULA IS AN AGREEMENT BETWEEN YOU (“LICENSEE”) AND APPFORGE.AI (“LICENSOR” OR “APPFORGE.AI”). BY DOWNLOADING, INSTALLING, COPYING, ACCESSING OR OTHERWISE USING THE SOFTWARE LICENSEE, OR THE PERSON OR ENTITY ON BEHALF OF WHICH THE INDIVIDUAL INSTALLING THE SOFTWARE IS ACTING, UNCONDITIONALLY AGREES TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WANT TO BE BOUND BY THIS AGREEMENT YOU SHALL NOT BE ABLE NOR ENTITLED TO DOWNLOAD, INSTALL, COPY, ACCESS OR OTHERWISE USE THE SOFTWARE.
Licensor and Licensee may individually be referred to as “Party” and jointly as the “Parties”.
1.1 Authorized User means a unique person who is given access to the Software under a User License.
1.2 Beta License means a free time-limited license to use Beta Version, offered by Appforge.ai to general public and accepted by the Licensee.
1.3 Beta Version means a specific version of the Software, which is explicitly marked as “Beta”.
1.4 Commercial License means a license to use the Software obtained or renewed by the Licensee by paying Fees.
1.5 End-of-Life Date means for Beta Version the last date of Appforge.ai support for that specific version of the Software.
1.6 Fees mean all fees and expenses payable by the Licensee to Appforge.ai in acquiring the Software and as applicable any Maintenance or User Licenses.
1.8 Maintenance means Software updates made generally available by Appforge.ai to the Licensee from time to time and includes support services as documented in the service level agreement (available on Service Level Agreement)
1.9 Maintenance Expiration Date means the date of the last day Appforge.ai provides Maintenance to the Licensee.
1.10 Non-Commercial License means a free license provided by Appforge.ai. Some products under free license may have additional restrictions applied.
1.11 Release Date means the date associated with a specific version of the Software as the date of release of that version to general public.
1.12 Reseller means an entity authorized by Appforge.ai to sell and distribute the Software.
1.14 User License means a license granted under this Agreement to the Licensee to permit an Authorized User to use the Software.
2. License Grant
2.1 General License Terms
2.1.1 Subject to Licensee’s continuous compliance with this Agreement and timely payment by the Licensee of the applicable Fees, Appforge.ai grants the Licensee a limited, non-exclusive and non-transferable license, without the right to sublicense, to install, use of the Software or specific versions of the Software within the scope of the license type and in a manner consistent with the terms of this Agreement.
2.1.2 Provided that the Licensee ensures that anyone who uses the Software does so only on Licensee’s behalf and complies with the terms of this Agreement, the Software may be used by any Authorized User from an unlimited number of computers. Except as otherwise expressly permitted by Appforge.ai, the Licensee shall only install the Software and make the Software available for use on hardware systems owned, leased of controlled by the Licensee (hereinafter “Controlled Systems”). In case that Appforge.ai permits the Licensee to install the Software or make the Software available for use on other systems that the Controlled Systems, the Licensee shall ensure the terms of this Agreement are complied with by users of such Controlled Systems and shall indemnify Appforge.ai for all costs, damages and loss Appforge.ai suffers from such installation or use of the Software.
2.1.3 Unless otherwise specified in this Agreement or at the time of purchase, license term shall be perpetual. Upon expiration date or termination of the License, the Licensee and the Authorized Users may not use the Software unless the Licensee had renewed the License.
2.2 License Types and Permitted Use
2.2.1 Commercial License. Any version of the Software with a Release Date prior to the Maintenance Expiration Date may only be installed on a single server, with the number of Authorized Users concurrently accessing and using the Software equal to the number of User Licenses purchased. Additional User Licenses may be purchased by the Licensee on payment of the appropriate Fees to Appforge.ai or the Reseller.
2.2.2 Beta/Evaluation License. Any Beta Version may be installed on multiple computers, giving access to an unlimited number of Authorized Users. The Beta/Evaluation License shall be free of charge. The Beta/Evaluation License term shall expire on the End-of-Life Date of the specific Beta Version. The End-of-Life Date shall be defined for each Beta Version separately, taking into account a minimal license term of six (6) months as from the date on which the relevant Beta Version was first made available by Appforge.ai.
2.2.3 Non-Commercial License. Any version of Software may be installed on multiple computers, giving access to an unlimited number of Authorized Users.
2.2.4 Number of Instances. Unless otherwise specified in your Order, for each Software license that you purchase, you may install one production instance of the Software on systems owned or operated by you (or your third party service providers so long as you remain responsible for their compliance with the terms and conditions of this Agreement). We also make available “developer” licenses free of charge for certain of our Software offerings to allow you to deploy non-production instances, such as for staging or QA purposes. Details for how to request non-production licenses can be requested through the Appforge.ai support channel.
2.3 Other Restrictions The Software may not be copied in whole or in part, except for a backup copy that bears all copyright notices and any other identifying or restrictive legends that appear on or in the Software as received. Except as otherwise expressly permitted by Appforge.ai, the Software may not be sold, redistributed (except for the redistribution to Authorized Users), reproduced, transmitted, put in circulation, disseminated, translated to or reduced from any electronic medium in machine readable form. It is strictly prohibited to decompile, reverse engineer, disassemble, modify, adapt, create derivative works from, or otherwise attempt to derive, any portion of the Software. The license which is locked to a specific server may not be installed on any different server.
3. Limited Source Code License Grant
For the purposes of this Agreement, Appforge.ai may provide some elements of the Software in source code form (hereinafter “Source Code”) in which case, and unless otherwise specified, Appforge.ai shall grant the Licensee a personal, limited, non- exclusive, non-transferrable and non-assignable right to modify Source Code for the sole purposes of developing bug fixes, customizations and additional features for the Software (hereinafter “Derivative Works”), provided that the use of such Derivative Works shall be limited to Licensee’s internal use in connection with the Software. APPFORGE.AI SHALL NOT PROVIDE ANY SUPPORT, WARRANTY, INDEMNITY AND SHALL NOT BE HELD LIABLE FOR ANY DERIVATIVE WORKS OR ANY EFFECT THEY MAY HAVE ON THE OPERATION OF THE SOFTWARE.
4. Intellectual Property Rights
4.1 All rights, title and interest, including any intellectual and industrial property rights in the Software are exclusively owned by Appforge.ai and/or its affiliates, and save for the user rights expressly granted to the Licensee under this Agreement, the Licensee is not granted any rights therein.
4.2 The Software and any authorized copies that the Licensee makes are protected by law and international treaty provisions.
4.3 The Source Code of the Software is a valuable trade secret and shall be considered confidential information of Appforge.ai. In the event that the Licensee develops any Derivative Works using the Source Code of the Software, Appforge.ai shall own all right, title and interest, including any intellectual property right in and to such Derivative Works and the Licensee hereby agrees to secure any additional confirmations, assignments or other instruments as may be necessary to vest title to any such Derivative Works in Appforge.ai as contemplated by this Section 4.3. No amount shall be payable by Appforge.ai to the Licensee for the assignment of any rights in such Derivative Works as set forth herein.
4.4 In the event the Software, in Appforge.ai opinion, is likely to become or become the subject of a claim of infringement of a third party’s intellectual property rights, Appforge.ai may at its own option and its sole discretion: (i) obtain for Licensee the right to continue to exercise its rights in respect of the Software as per terms of this Agreement, (ii) modify or replace the (alleged) infringing material to make it non-infringing, or (iii) terminate this Agreement with immediate effect.
4.5 Appforge.ai will indemnify and hold harmless Licensee against reasonable costs, expenses, losses and claims against or incurred by Licensee as a result of any infringement of a third party’s intellectual property rights arising from the Licensee’s use of the Software. This indemnification obligation is not subject to section 9.
4.6 The Licensee will indemnify and hold harmless Appforge.ai against all costs, expenses, losses and claims made against Appforge.ai as a result of any infringement of a third party’s intellectual property rights arising from the Licensee’s or its Authorized Users’ modification to the Software or combination of the Software with third party products.
The Licensee agrees to treat the Software, the associated documentation and any other information obtained in connection with this Agreement as strictly confidential, not to use any of the foregoing except to exercise its rights and perform its obligations hereunder. The Licensee shall protect the Software, the associated documentation and any other information obtained in connection with this Agreement against disclosure in accordance with the highest applicable standards.
6.1 As consideration for the Software Commercial License granted to the Licensee under this Agreement, the Licensee shall pay Appforge.ai Reseller a license fee as agreed between the Parties. The Fees shall be invoiced in accordance with the invoicing method agreed between the Parties. The invoices are due and payable in full upon the date of its issuance. Fees stated are exclusive of applicable taxes, which shall be additionally charged and paid by the Licensee. All payments made by the Licensee under this Agreement will be final and non-refundable.
6.2 Any failure to pay Fees on the due date will result in the immediate termination of the licenses granted under this Agreement.
6.3 Return Policy. As part of our commitment to customer satisfaction, Licensee may terminate initial Order of the applicable Software under this Agreement, for no reason or any reason, by providing notice of termination and returning any applicable Software to Atlassian no later than thirty (30) days after the Order date for such Software. In the event Licensee terminate the initial Order under this Section 6.3, Licensee is expected to stop any usage of the provided Software. At Licensees request, Appforge.ai will refund the amount paid under such Order. This termination and refund right applies only to the initial Order and only if this termination right is exercised within the period specified above.
7.1 Except for the Beta/Evaluation License, all licenses under this Agreement are effective until terminated.
7.2 The Beta/Evaluation License shall automatically terminate upon expiry of the applicable End-of-Life Date, save as expressly agreed otherwise by the Parties.
7.3 Appforge.ai shall be entitled to terminate this Agreement in whole or in part (including any of the licenses, regardless of whether or not perpetual) if the Licensee fails to comply with the terms and conditions of this Agreement. Regardless the ground of the termination, there shall be no refund of any Fees paid.
7.4 The decommissioning of the Software (including, but not limited to, installing another version of the Software) by the Licensee will have, as a consequence, the termination of this Agreement.
7.5 Upon expiry or termination of this Agreement for whatsoever reason, (i) any licenses granted hereunder shall automatically terminate and the Licensee shall promptly cease all use of the Software and shall at its own cost cease permitting access to the Software and procure that all Authorized Users immediately cease all use of the Software and shall destroy all copies of the Software and documentation within its possession or control, except for perpetual licenses which shall survive termination save as stipulated otherwise in 7.3 above, and (ii) Appforge.ai’s obligations hereunder shall immediately terminate. In the event of any termination of this Agreement, the provisions that by their nature are intended to survive termination, including Sections 2.3, 4, 5, 8, 9, 12, 13 and 14, shall survive termination
8. Disclaimer of Warranties
8.1 THE LICENSEE ACKNOWLEDGES AND AGREES THAT THE SOFTWARE IS BEING LICENSED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, AND APPFORGE.AI HEREBY, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FITNESS FOR ANY PARTICULAR PURPOSE, THE WARRANTY THAT THE SOFTWARE WILL OPERATE ERROR FREE OR THAT ALL ERRORS IN THE SOFTWARE WILL BE CORRECTED. THE LICENSEE IS SOLELY RESPONSIBLE FOR BACKING UP, AND WILL BACK UP, ITS SYSTEM AND DATA BEFORE INSTALLING OR RUNNING THE SOFTWARE.
8.2 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPFORGE.AI OR THE RESELLER SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, THE LICENSEE SHALL BEAR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
9. Limitation of Liability
To the maximum extent permitted under applicable law, Appforge.ai excludes its liability for damages of any kind or nature, including without limitation any compensatory, incidental, direct, indirect, special, punitive or consequential damages (including (without limitation) loss of use, loss or corruption of data, loss of income or profit, loss of or damage to property, claims of third parties, reputational harm, opportunity loss, loss of contracts or customers, loss of goodwill, loss of anticipated savings, recoupment of any investment made, the cost of procuring replacement goods or services, and other losses including attorneys’ fees) in connection with (a claim relating to) this Agreement, including (without limitation) claims resulting from the (non-)performance of the Software. The foregoing exclusion shall equally apply to the benefit of Appforge.ai’s and its affiliates’ employees, agents, suppliers and contractors. In the event that liability is nevertheless imposed on Appforge.ai, its affiliates, their employees, agents, suppliers or contractors, the liability shall not exceed the amount of the Fees (excl. taxes) paid for the Software, if any. In no event shall Appforge.ai have any obligations, responsibilities or liability whatsoever with respect to a backup copy of the Software made by the Licensee. Third party material shall be exclusively governed by the applicable third party terms and conditions.
10. Privacy and Data Protection
10.1 The Licensee shall (i) comply with all applicable legal requirements regarding privacy and data protection; and (ii) provide sufficient notice to, and obtain sufficient consent and authorization from all users and any data subject of which personal data is provided to Appforge.ai, to permit the processing of the data by the Licensee and Appforge.ai and the Appforge.ai’s hosting partner, and their respective affiliates, subsidiaries, subcontractors and licensors. If and to the extent required by law, Licensee shall notify and obtain the explicit consent of the individual users of the Software and data subjects concerned that their data may be processed by Appforge.ai (and its subcontractors).
10.2 Appforge.ai shall use Licensee’s data only in respect of the execution of this Agreement. Additionally, Appforge.ai shall only access and disclose personal data from, about or related to the Licensee, users of the Software and any data subjects, to law enforcement or other government authorities, to the extent required by law.
10.3 Appforge.ai and the Licensee agree upon a data processing agreement. Appforge.ai shall always process any personal data received under this Agreement, pursuant to the data processing agreement concluded between Appforge.ai and the Licensee.
10.4 If any changes or prospective changes to the Data Protection Laws result or will result in one or both Parties not complying with the Data Protection Laws in relation to processing of Personal Data carried out under this Agreement, then the Parties shall use their best endeavours promptly to agree such variations to this Agreement as may be necessary to remedy such non-compliance.
11.1 This Agreement may not be amended except with the written agreement of Appforge.ai, which consent may be withheld at its complete discretion and without any further requirement of justification.
11.2 The Licensee may not assign this Agreement without prior written approval of Appforge.ai.
11.3 Appforge.ai may assign its rights and obligation under this Agreement without consent of Licensee. Any permitted assignee shall be bound by the terms and conditions of this Agreement.
In any provision of this Agreement is found void, invalid, unenforceable or contrary to applicable law, such provisions shall be construed, limited or altered (as necessary) and all other provisions shall continue in full force and effect.
13. Entire Agreement
14. Contact Information
Any questions or communications in relation to this Agreement should be sent to: MWK AppForge.ai Sp. z o.o. Słonimska 17, 54-618 Wrocław, Poland or at email@example.com
15. Governing law and jurisdiction
This Agreement is governed by and construed in accordance with the applicable laws of the Republic of Poland. Each party irrevocably agrees that any legal action, suit or proceeding arising out of or related to this Agreement must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of the Republic of Poland and each party irrevocably submits to the sole and exclusive personal jurisdiction of the courts in Poland, generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party.
16. Force Majeure
Any Party will be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) if the delay or failure is due to events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.
We, us, our, and AppForge.ai refer to MWK AppForge.ai Sp. z o. o. registered in the register of entrepreneurs of the national court register under the number 0001025225 based in Poland, Wrocław, Słonimska 17 (54-618).
We are Atlassian Marketplace Partner with many products available through the Atlassian Marketplace page, including cloud and downloadable apps (Server, and Data Center). We refer to all of these apps, together with our other services as “Services” in this policy.
To whom this policy applies
The polices describes the terms on which we process personal data of users of our Services and people who use our website.
What this policy covers
Your privacy is important to us, and so is being transparent about how we collect, use, and share information about you. This policy is intended to help you understand
What information we collect about you
- How we collect information about you
How we use the information we collect
- What third party we use and why
How we transfer information we collect internationally
How we store and secure the information we collect
What information we collect about you
When you use our Services, we collect following information:
- Customers: Company, Country and Region
- Maintenance period
- Customers billing contact: Billing contact name, email, address, phone number
- Customers technical contact: Technical contact name, email, address, phone number
- License details: Addon license ID, Host license, License ID, Addon key, Addon name, License Type, Status, Hosting Type
- Partner information: Partner name, type, contact name and email
How we collect information about you
Atlassian is the primary source of your data for us. Most of the data mentioned above we receive from Atlassian – when you start to use our Service or evaluate it.
Information provided by you
We collect data about you when you input it into our Services or provide it to us in any other manner directly. We collect data about you if you decide to fill out the form located on our website under the Contact tab.Note that we can obtain other content submitted by you on our websites, including those that are social networking or social media sites operated by us. For instance, you may provide content by giving feedback or participating in interactive features, surveys, contests, promotions, sweepstakes, activities, or events.
Information provided via our support channels
Our Services incorporate customer support, wherein you may opt to provide details about a Service-related problem you are encountering. Regardless of whether you identify yourself as a technical contact, initiate a support ticket, speak to one of our representatives directly, or engage with our support team in any other way, we will request contact information, a summary of the issue, and any other documentation, screenshots, or information that may aid in resolving the problem.
How we use the information we collect
In accordance with Article 13(1)(d) in conjunction with Article 6(1)(f) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (EU L No. 119, p. 1, as amended), the processing is necessary for the purposes of the legitimate interests pursued by Us (the data controller).
Depends in part on which Services you use, how you use them, and any preferences you have communicated to us. Below are the specific purposes for which we use the information we collect about you.
For sustaining the operation of the Services
We use your data to ensure Services are working for you as intended and safely.
For research and development purposes
We constantly seek ways to enhance the intelligence, speed, security, integration, and usefulness of our Services. To achieve this, we gather information and collective insights (including feedback) on how users utilize our Services to identify trends, usage patterns, activity, and areas for integration. We utilize this data to enhance our Services and create new products, features, and technologies that are beneficial to our users and the public. Furthermore, we use the data to troubleshoot and improve our Services.
To communicate with you regarding our Services
We use your contact information to send you communications through email that confirm your purchases, remind you of subscription expirations, respond to your comments, questions, and requests, provide customer support, and send you technical notices, updates, security alerts, and administrative messages. Additionally, we send you communications to help you become more proficient in using a specific Service as you onboard. These communications are considered part of the Services, and in most cases, you cannot opt out of them. If an opt-out option is available, you will find it within the communication itself or in your account settings.
We use your information to resolve technical issues you encounter, to respond to your requests for assistance, to analyze crash information, and to repair and improve the Services.
For statistical and analytical needs
As for any business, it is also important for us to conduct analysis and statistics to assess the effectiveness of our activities. For some of these activities, we need information about you, e.g. to verify the number of users using a particular service and the number of support for particular functionalities.
We do not conduct research on user behavior within the Service.
With your consent
We use information about you where you have given us consent to do so for a specific purpose not listed above. For example, we may publish testimonials or featured customer stories to promote the Services with your permission.
We need to process your data to comply with a legal obligation – such as concerning taxation, accounting, or compliance with the decisions of public authorities or courts.
Other technical reasons
For technical reasons related to the way how Atlassian provides us with user information, we also need information about your e-mail address after you requested to be forgotten. This information is used for one purpose only, i.e., so that a new account is not created for you in our databases each time Atlassian transfers a new list of users. Such a list contains more information than your email address alone. By keeping your address in our database, we prevent more data about you from being processed. We do not use this email address in any other way.
Business partners contact
We use your information to verify your identity and to be able to respond to your support request or to consider your application for a position in our team. This use of your data is based on our legitimate interests, which are communicating with customers and developing our team.
Data collected from social media or social networking sites are used to help develop our Services and websites – which are our legitimate interests as well.
What third party we use and why
Forge hosting services, ticket management, source code repository – Data location: United States
- atl-paas.net and atlassian.com – Atlassian products and services use this domains
- atlassian.net and jira.com – Jira and Confluence use this domains
- bitbucket.org – Bitbucket service uses this domain
- wp.com and gravatar.com – WordPress / Gravatar Content Delivery Network for proper display of generic and public avatars
- google.com – Used to collect anonymous, detailed statistics to help understand how users use our websites.
How we transfer information we collect internationally
Our Services may be provided using resources and servers located in various countries around the world, including the U.S. and other countries.
Your information may be transferred and processed by third parties outside the country where you use our Services, including to countries outside the European Economic Area (EEA), where the level of data protection may not be deemed adequate by the European Commission (i.e., where you have fewer rights in relation to your information).
We expect that our third-party service providers will comply with the terms of the European Union’s General Data Protection Regulation (GDPR) and that any international data transfers be made under a recognized basis such as the EU Standard Contractual Clauses, and/or Binding Corporate Rules. For specific information, please contact us via firstname.lastname@example.org
How long we keep information
Most of the data about you we use are stored by Atlassian, and we use them as long as you use our Services and Atlassian services.
However, if we use your data on the basis of your consent, we use them no longer than for the period of your consent.
If the applicable laws provide for a mandatory retention period, we will retain the data for that period.
What rights do you have
You have the following rights in relation to your personal information:
- The right to access, rectify or erase your personal information,
- The right to know how we process your personal information,
- The right to restrict our processing of your personal information,
- The right to receive a copy of your personal information,
- The right to transfer your personal information from us to another controller.
In case you believe our data processing or our conduct does not comply with the GDPR regulations, you have the right to file a complaint with the supervisory authority.
If you have given us consent to use your personal information for a specific purpose, you have the right to withdraw that consent at any time. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.
If we are using your information because we have a legitimate interest to do so, you have the right to object to that use, but in some cases, this may mean that you can no longer use our Services. If you wish to exercise any of your rights or have any questions about your rights, please contact us. We will respond to your request as soon as possible.
How we secure the information we collect
We take appropriate technical and organizational measures to secure the personal information we store, using industry-standard methods. However, no security system is completely impenetrable, and due to the inherent risks of the internet, we cannot guarantee that the personal information transmitted through our Services, stored on our systems, or under our control is completely secure from unauthorized access or intrusion by others.
If you use our Data Center Services, you are responsible for securing storage and access to your personal information. Appforge is not liable for any loss, corruption, or unauthorized access to your personal information. We strongly advise Server or Data Center users to implement SSL and restrict access to databases and other storage points used to enhance security.
Business Hours and Response Time
When creating a support request through one of AppForge.ai’s support channels, we will respond within no more than 24 business hours from the time of your initial request. Our goals are to answer the majority of requests within the same business day.
AppForge.ai will use reasonable efforts to provide support in accordance with this Service Level Agreement, and will not be responsible for any delays caused by the customer for reasons beyond AppForge.ai’s control.
AppForge.ai’s business hours are from Mon-Fri 9:00 AM – 5:00 PM GMT+2. All requests are answered within 24 business hours, excluding national holidays. We are constantly monitoring our support channels to respect the high priority of our enterprise customers and any critical issues.
You can request support through one of the following channels:
Submitting a ticket through AppForge.ai’s service desk system
Requests made through open forums such as Atlassian Community are monitored by our support team and answered on a best-effort basis.
AppForge.ai’s Support Includes:
Assistance with configuring our products
Help with troubleshooting problems with our products
Help with issues arising out of our product upgrades
AppForge.ai’s Support Does Not Include:
Support for Jira configurations not related to AppForge.ai’s product