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Terms & conditions

B1NARY (“we”, “us”, “Licensor”), formally represented by edelsprint UG (haftungsbeschränkt), is an Atlassian Marketplace vendor offering and distributing apps for Jira and Confluence to end customers (“you”, “Licensee”) via the Atlassian Marketplace.

By installing, copying, or using one of our apps (our “Service”), you strictly agree to these Term and Conditions (“Terms”) and our privacy policy. The Terms are a supplement to the Atlassian Marketplace Terms of Use as well as the Atlassian Cloud Terms of Service, i.e., by agreeing to these Terms, you also agree to all of the above. If you do not agree with our Terms, you may not access our Service, i.e., you should not install, copy, or use any of our apps and must uninstall and remove any version or copy.

If you have any questions about these Terms, please contact us at .

License grant

We grant you a limited, non-exclusive, non-transferable, revocable license to intellectual property rights to use our apps and access the Service. By downloading, installing, or registering a part of our service you’re not actually acquiring ownership of the item itself, only the license to use that Item.

A fully featured evaluation license can be obtained for the duration of 30 days by installing an app via the Atlassian Marketplace. Once installed, a valid commercial license can be obtained by subscribing to the app via The Universal Plugin Manager built into Atlassian’s products.

The license includes software updates without any additional costs.

Disclaimer of warranty

The Service is provided “as is.” We make no further warranties, whether expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or other violation of rights infringement.

In particular, but without limitation, we make no guarantee or warranty in relation to the Atlassian Cloud system, in which our apps are hosted. We further cannot guarantee or warrant that Atlassian’s products or services, such as their official APIs, will be error-free or fully performant at all times. The entire risk as to the quality and performance of the Service is with you.

Service and support

Please refer to our service-level agreement.

Limitation of liablity

Neither party shall be liable under or in connection with these terms or any collateral contract for any: loss of revenue, loss of actual or anticipated profits, loss of contracts, loss of the use of money, loss of anticipated savings, loss of business, loss of opportunity, loss of goodwill, loss of reputation, loss of, damage to or corruption of data; or any indirect or consequential loss, resulting from or related to: (i) the use or inability to use or access the Service, including any content, product, services, offerings, information or other material available through the services, (ii) any errors or omissions in the Service, (iii) the suspension or termination of your ability to access the services, (iv) any interruption or cessation of transmission to or from our site or failure of our systems, (v) the cost of procurement of substitute goods or services, (vi) statements or conduct of any third party using the site, (vii) any bugs, viruses or the like that are transmitted to or through our Service by any third party, or (viii) any other matter or event relating to your or any other party’s use of the Service.

Confidentiality

Licensor and Licensee agree to keep non-publicly available sensitive information confidential by all means. This includes but is not limited to any technical information (including all specifications, drawings and designs), confidential business information, contract extensions, discounts, upcoming features, and planned marketing activities.

This obligation should not apply to confidential information when the information is or has become publicly known other than through breach of this clause; was received from an independent third party who has full right of disclosure; or was required to be disclosed by a governmental authority.

Privacy and other policies

Use of the Service is also subject to our privacy policy, which is incorporated into these Terms by this reference.

As we are an Atlassian Marketplace vendor offering Cloud apps, please also review the Atlassian Marketplace Terms of Use as well as the Atlassian Cloud Terms of Service before using our Service. Any personal information required for licensing and billing is collected and processed by Atlassian and is governed by the Atlassian Marketplace Terms of Use.

As Atlassian Marketplace vendor, we have access to personal and billing information as part of the reporting and analytics features provided by Atlassian. This information can be used for analysis and improvement of our products and services. It may also be used to reach out to you and send you information related to our products and services during evaluation, active usage and after a license expires. You have the right to inform us to stop sending such information and may object at any time to receiving such information. When the Licensee objects to receiving this information, Licensee’s personal data shall no longer be processed for such purposes.

Our Service may contain links to third-party web sites or services that are not owned or controlled by us.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Marketing

You grant us the right to name you as a customer and use your logo and/or other marketing material provided by you for advertising and marketing purposes. You can object to this use upfront or anytime with a 30 days notice period.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.‍

Governing law & jurisdiction

These Terms are governed, construed and enforced in accordance with the place the Licensor is based, without regard to its conflict of law provisions.

Each party irrevocably agrees that the exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts where the Licensor is based.

Entire agreement

This Agreement constitutes the entire and only agreement between the parties and all other prior negotiations, representations, agreements, and understandings are superseded hereby. No agreements altering or supplementing the terms hereof may be made except by means of a written document signed by the duly authorized representatives of the parties.‍

Modifications

Licensor will actively inform you about any changes to these Terms & Conditions. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please contact us immediately and discontinue using the Service.

Contact us

If you have any questions about these Terms, please contact us at .

Thank you very much!