End-User License Agreement

Introduction

1. This End User License Agreement ("EULA") outlines the terms under which the Provider offers Subscriptions to its Marketplace Product, as described on the Atlassian Marketplace app listing. Atlassian is not a party to this EULA. Capitalized terms are defined either within the context of this document or in Section II.

2. The Customer and the Provider agree to this EULA upon the Customer's initial submission of an Order.

3. Orders may be placed through the Atlassian Marketplace.

Definitions

1. Authorized Users: Individuals authorized by the Customer to use the Marketplace Product on their behalf.

2. Customer: The entity or individual obtaining access to the Marketplace Product through purchase or other means.

3. Customer Data: Any data, content, or materials that the Customer (including its Authorized Users) uploads, posts, or otherwise makes available within the Marketplace Product. This includes, but is not limited to, personal data, business information, files, messages, or any other type of information that the Customer or its Authorized Users provide through the use of the Marketplace Product. Customer Data remains the property of the Customer, and the Provider processes it in accordance with the terms outlined in the Privacy Policy and EULA, ensuring its proper handling, storage, and protection as required by applicable law.

4. Marketplace Product: cloud application listed on the Atlassian Marketplace (https://marketplace.atlassian.com/)

5. Order: An order by Customer for a Subscription that is entered into through the Atlassian Marketplace.

6. Permitted Use means use of a Marketplace Product in accordance with the applicable Subscription and Order.

7. Provider: The organization offering and licensing the Marketplace Product - Acceleration Engineering with its registered seat in Gdansk, Leborska 3b, code 80-386 Gdansk, Poland, tax number 5892005066.

8. Subscription: The Customer's right to use the Marketplace Product, as described in the description of the Marketplace Product on the Atlassian Marketplace and specified in the Order for the Subscription.

9. Subscription Term: The period during which the Customer has authorized access to the Marketplace Product.

License grant and obligations

1. The Provider grants the Customer a limited, non-transferable, non-exclusive license to access and use the Marketplace Product solely for its intended purpose.

2. The Customer agrees to use the Marketplace Product only in accordance with Permitted Use and in compliance with the acceptable use regulations set forth by the Atlassian Marketplace, as well as applicable law. The Customer further agrees to adhere to any guidelines or restrictions outlined by the Atlassian Marketplace regarding use of the Marketplace Product.

3. The Customer is prohibited from:

   1. modifying, reverse engineering, decompiling, or creating derivative works from the Marketplace Product;

   2. reselling, sublicensing, or sharing access to unauthorized parties;

   3. violating applicable laws or third-party rights using the Marketplace Product; or

   4. circumventing security measures or access controls implemented by the Provider.

Types of License and Subscription Terms

1. License types:

   1. Evaluation License: A 30-day free trial period providing full access to all functionalities.

   2. Commercial License: Continued access after the Evaluation License period, contingent on subscription fees.

2. In the framework of the Commercial License, the Customer may permit Authorized Users to use the Marketplace Product on its behalf. The Customer is responsible for provisioning and managing Authorized User accounts, ensuring their compliance with EULA and regulations of Atlassian Marketplace, and for any actions of Authorized Users through the Marketplace Product. The Customer may grant access to the Marketplace Product to multiple Authorized Users across different devices, with all such users being subject to the same terms and obligations.

3. Subscriptions and renewals are handled by the Atlassian Marketplace platform. Monthly and annual billing is available. All fees include applicable taxes unless otherwise stated.

Privacy and Data Protection

1. Use of Customer Data: The Provider will process Customer Data in accordance with applicable laws, including Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and other relevant data protection regulations, solely to provide and maintain the Marketplace Product and support in accordance with this EULA, Privacy Policy, and applicable data protection laws. Customer Data may include personal data, business information, files, messages, and other materials uploaded, posted, or made available within the Marketplace Product by the Customer or its Authorized Users. Detailed information about data processing is provided in the Privacy Policy.

2. Data Protection Compliance: The Customer must:

   1. comply with all applicable data protection and privacy laws;

   2. notify and obtain necessary consent from all users and data subjects regarding the processing of their personal data by the Provider and its partners.

3. Data Processing Agreement (DPA): The Customer and the Provider will enter into a Data Processing Agreement to formalize their respective responsibilities concerning the handling of personal data and other Customer Data, if required.

4. Contact information: Upon purchase of a Marketplace Product, Atlassian Marketplace will provide a Customer technical contact, which includes the full name, company name and the email address. This information will enable the Provider to effectively communicate with and support the Customer.

5. Security Measures: Provider will implement appropriate technical and organizational measures to protect Customer Data from unauthorized access, use, or disclosure, ensuring its confidentiality, integrity, and availability.

6. Legal Disclosures: Customer Data will only be disclosed to governmental or regulatory authorities when required by law.

Fees and Payment

1. All fees are payable as agreed in the Customer's order. Failure to pay fees when due may result in suspension or termination of access to the Marketplace Product. The amount of fees is specified in the order or the terms of the Atlassian Marketplace.

Intellectual Property

1. Rights of the Provider
   All ownership, title, and intellectual property rights in the Marketplace Product and related documentation shall remain with the Provider. No rights other than those expressly set out in the EULA are granted to the Customer.

2. Rights of the Customer
   The Customer retains all intellectual property rights in its own data and materials provided to the Provider. The Provider will not use such data except as required to provide the Marketplace Product functionality and associated services.

Support and Service Levels

1. The Provider undertakes to provide support in accordance with any applicable support policies specified in Service Level Agreement.

Disclaimer of warranties

1. The Marketplace Product is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability or fitness for a particular purpose.

2. Except as expressly set out in EULA, each party disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. These exclusions apply to the fullest extent permitted by applicable law.

Limitations of Liability

1. To the maximum extent permitted by law, the total liability of the Provider to the Customer for any claims shall not exceed the amount of the fees actually paid by the Customer for the Marketplace Product. To the extent allowed by applicable regulations, the Provider disclaims liability for any damages, including but not limited to indirect, incidental, or consequential losses, loss of data, or loss of profits. This limitation shall not exclude or limit liability in cases where such exclusion or limitation is prohibited by applicable consumer protection laws. For consumers, the liability of the Provider is limited to the extent permissible under Polish law.

Indemnification

1. The Provider will indemnify the Customer against claims that the Marketplace Product infringes the intellectual property rights of third-party, provided that the Customer immediately notifies the Provider and cooperates in the defense.

2. The Customer shall indemnify the Provider against claims arising from misuse of the Marketplace Product, non-compliance with applicable laws, or breach of this EULA. Any action taken by the Customer in this regard must be consulted with the Provider.

3. Indemnification by the Provider requires:

   1. prompt notification by the Customer of any claims,

   2. exclusive control of the legal remedies and settlement by the Provider,

   3. reasonable cooperation from the Customer to support the Provider's legal action.

Term and Termination

1. The Evaluation License shall automatically terminate at the end of the evaluation period, unless otherwise expressly agreed by the Parties.

2. All licenses under this EULA, except for the Evaluation License, remain in effect until terminated.

3. This EULA shall remain in force for as long as the Customer has an active subscription to use the Marketplace Product, unless terminated earlier in accordance with the provisions of this EULA.

4. The Provider may terminate this EULA in the event of a material breach or non-compliance by the Customer.

5. The decommissioning of the Marketplace Product by the Provider will have, as a consequence, the termination of this EULA.

6. Upon termination of EULA, which occurs when the subscription expires, the Customer shall immediately cease all use of the Marketplace Product.

7. Sections 9-11 of this Agreement shall remain in effect even after termination.

References

1. The Customer agrees that the name and logo of its company may be used by the Provider in marketing and promotional materials, including on the website of the Provider and in catalogues. The Provider undertakes to respect the brand image of the Customer and to use it in accordance with the branding guidelines of the Customer. If the Customer wishes to opt out of having its name or logo featured in such materials, it may submit a request via email to support@acceleration-engineering.com

Miscellaneous

1. Governing Law and Disputes

   1. This EULA is governed by Polish law.

   2. Disputes unresolved through negotiation will be subject to the exclusive jurisdiction of Polish courts.

2. Severability
   Invalid or unenforceable provisions will not affect the validity of the remaining terms.

3. Assignment
   The Provider may assign rights and obligations under this EULA without the consent of the Customer; any permitted assignee shall be bound by the terms and conditions of this Agreement. The Customer assignment requires prior written consent from the Provider.

4. Force Majeure
   The Provider is not liable for failure to perform obligations due to unforeseen events beyond reasonable control, such as natural disasters, wars, strikes, or government actions.

5. Entire Agreement
   This EULA constitutes the entire agreement between the Provider and the Customer, superseding prior communications. Customer agrees to the terms stated in Privacy Policy and agrees to conclude Data Processing Agreement (if required).

6. Amendments
   The Provider reserves the right, at its sole discretion, to change, add, or remove the terms and conditions contained in this EULA at any time. Any changes will be notified to the Customer via email or other appropriate means. Fourteen (14) days prior to changes, customers will receive a notification containing the upcoming changes. After 14 days, the updated EULA will be published on the website and the new changes will take effect. If the Customer does not agree to the changes, the Customer shall stop using the Marketplace Product and the contract will be terminated. In the event that any changes are made, Provider will update the "Last Updated" date at the bottom of this EULA. The latest EULA will always be available on the official website of the Provider.

7. Notices

   1. Communications to the Provider must be directed to support@acceleration-engineering.com.

   2. Notices to the Customer shall be sent to the email address or physical address provided at the time of registration and shall be deemed received 24 hours after sending by email or 14 days after being sent by postal mail, starting from the date of the first postal notification.

Last Updated

February 5th, 2025