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Last updated: 21.08.2023
IMPORTANT -- READ CAREFULLY: BY UTILIZING THE Smart Checklist SOLUTION Y= OU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Welcome to the Smart Checklist.Pro (Cloud = version) Add-on for JIRA Software (hereinafter referred to as the "Add-on")= . Your use of the Add-on is subject to the Terms of Use (herein, the =E2=80= =9CAgreement=E2=80=9D) and the Privacy Policy (herein, the =E2= =80=9CPolicy=E2=80=9D), which makes an integral part of the Agreement.
The Agreement is a legal agreement between You and Railsware Products St= udio LLC. (hereinafter referred to as =E2=80=9CTitanApps= =E2=80=9D), a Delaware corporation that develops software products under su= ch brands: Mailtrap, the Smart Checklist Add-on for Jira, and others.
"You" or =E2=80=9CCustomer=E2=80=9D refers to any individual who uses th= e Add-on, or, if the Add-on is being used on behalf of an entity by an indi= vidual authorized to agree to such terms on behalf of such entity, then "Yo= u" refers to such entity. If You are accessing the Add-on on behalf of Your= employer, you represent and warrant that You have the authority to agree t= o the Agreement on its behalf. If You do not agree with the terms of this A= greement, do not use the Add-on.
TitanApps reserves the right to update and change the Agreement from tim= e to time without notice or acceptance by You. The Agreement is applicable = to the use of the Add-on on a paid, trial, or free basis. By using the Add-= on, You signify Your irrevocable acceptance of this Agreement.
When the changes are made, we will publish the link to the new version o= f the Terms of Use on the Add-on Marketplace main page, and update the =E2= =80=98last updated=E2=80=99 date, which is indicated at the top left corner= of this Agreement, to the day when the latest amendments were made.
The Smart Checklist Add-on for JIRA Software, the Smart Checklist websit= e, as well as the Smart Checklist Add-on Atlassian Marketplace pages, and t= he content of the Agreement are protected by copyright laws and internation= al copyright treaties, as well as other intellectual property laws and trea= ties.
The Software is limited to the Add-on for Jira Software that You downloa= d from the Atlassian Marketplace. The Add-on cannot operate independently, = you can use it only if you have a Jira Software cloud or server license for= your instance and accepted the Terms of Use of the JIRA Software provider,= i.e. Atlassian.
The Add-on supports the management of activities in Jira, enabling users= to create to-do lists and simplify their task management workflow in Jira.= With this Add-on, a user can also create a list of activities for a certai= n type of Jira tickets, replacing sub-tasks, watch the task progress, indic= ate if they were =E2=80=98done=E2=80=99, =E2=80=98canceled=E2=80=99, or =E2= =80=98in progress=E2=80=99. The Add-on offers a user-friendly interface, al= lowing users to create checklist templates, as well as to edit them.
Unless explicitly stated otherwise, any new features that augment or enh= ance the current Add-on, including the release of new tools and resources, = shall be subject to the Agreement. In order to use the Add-on, You must hav= e an active account in Jira.
You also understand and agree that the service may include certain commu= nications from Smart Checklist, such as service announcements, administrati= ve messages, etc., and that these communications are considered part of the= Add-on and You will not be able to opt-out of receiving them. You agree no= t to access the Add-on by any means other than through the interfaces that = are provided by TitanApps for use in accessing the Add-on. TitanApps will p= rovide the Add-on in accordance with this Agreement. TitanApps may at its s= ole discretion modify the features of the Add-on from time to time without = prior notice.
Term and Renewal
Your initial Add-on license period is equal to the period of your Jira S= oftware license. So, your Add-on license will automatically renew together = with your Jira Software license, either on a monthly or annual basis. To pr= event renewal of the Add-on license, your Jira Software admin has to cancel= or deactivate it before the end of the current subscription period.
The Add-on Cloud license will renew at the same cost as it was initially= purchased, and the Server license will renew at a 50% discount from the in= itial price that you paid when first installed the Add-on license on your S= erver instance.
If you use the free version of the Add-on, we will make this service fre= e of charge until you terminate your free subscription and/or start using t= he paid one.
Refunds
Refunds are managed by Atlassian directly. The terms of refunds can be f= ound in the Atlassian Cloud Licensing, or the Purchasing and Licensing Frequently Asked Quest= ions.
Termination for Cause
Either party may terminate this Agreement (including all related Orders)= if the other party (a) fails to cure any material breach of this Agreement= within thirty (30) days after written notice; (b) ceases operation without= a successor; or (c) seeks protection under any bankruptcy, receivership, t= rust deed, creditors=E2=80=99 arrangement, composition or comparable procee= ding, or if any such proceeding is instituted against that party (and not d= ismissed within sixty (60) days thereafter).
Suspension for Non-Payment. If you failed to pay for th= e Add-on license, the service will automatically be suspended.
Suspension and Termination of Free Services. We may sus= pend, limit, or terminate the Free Services for any reason at any time with= out notice. We may terminate your subscription to the Free Services due to = your inactivity.
TitanApps and its suppliers, as applicable, retain ownership of all prop= rietary rights as part of the Add-on and in all trade names, trademarks and= service marks associated or displayed with Smart Checklist. You will not r= emove, deface or obscure any of TitanApps or its suppliers' copyright or tr= ademark notices and/or legends or other proprietary notices on, incorporate= d therein, or associated with the Add-on. You may not reverse engineer, rev= erse compile or otherwise reduce to human-readable form any software associ= ated with the Add-on.
TitanApps has a worldwide, exclusive, sublicensable, and transferable li= cense to Smart Checklist and is entitled to exercise all the rights regardi= ng the IP. The Company has a license and right to use, distribute and enfor= ce all of the rights on the intellectual property to the Add-on distributed= to users.
Smart Checklist is a registered trademark and therefore is subject to co= pyright protection law.
You acknowledge that any use of the Add-on contrary to this Agreement, o= r any transfer, sublicensing, copying, or disclosure of technical informati= on or materials related to the Add-on, may cause irreparable injury to Tita= nApps, its affiliates, suppliers, and any other party authorized by TitanAp= ps to resell, distribute, or promote the Add-on ("Resellers"), and under su= ch circumstances TitanApps, its affiliates, suppliers and Resellers will be= entitled to equitable relief, without posting a bond or other security, in= cluding, but not limited to, preliminary and permanent injunctive relief.= p>
TitanApps does not claim ownership over any User Content submitted on or= through the Add-on. Your User Content belongs to You and is the subject of= Atlassian Software License Agreement<= /a> and Privacy Policy. To the extent You choo= se to share any of Your User Content with other users of the Add-on, You ag= ree to allow these users (i.e., only the users you specify) to view Your Us= er Content and, to the extent applicable, collaborate with You and Your Use= r Content.
TitanApps may use your User Content for the purposes and in a way as des= cribed in our Privacy Policy.
You agree that TitanApps has no responsibility or liability for the dele= tion of, or the failure to store or to transmit, any User Content and other= communications maintained with the help or through the Add-on. You acknowl= edge that TitanApps may establish general practices concerning the use of t= he Add-on and may modify such practices from time to time.
You agree that You will not copy, reproduce, alter, modify, or publicly = display any information displayed on the Add-on (except for Your User Conte= nt), or create derivative works from Smart Checklist (other than from Your = User Content), to the extent that such action(s) would constitute copyright= infringement or otherwise violate the intellectual property rights of Tita= nApps or any other third party, except with the prior written consent of Ti= tanApps or the appropriate third party.
TitanApps takes no responsibility for any third-party Content or User Co= ntent (including, without limitation, any viruses or other disabling featur= es), nor does TitanApps have any obligation nor any possibility to monitor = such third-party Content.
Recognizing the global nature of the Internet, You agree to comply with = all local rules regarding online conduct and acceptable User Content. Speci= fically, You agree to comply with all applicable laws regarding the transmi= ssion of technical data exported from the United States or the country in w= hich You reside.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any= portion of the Add-on, use of the Add-on, or access to the Add-on without = the express permission by TitanApps.
You represent and warrant that (a) all of the information provided by Yo= u to TitanApps to use Smart Checklist is correct and current; and (b) You h= ave all necessary right, power, and authority to enter into these Terms of = Use and to perform the acts required of You hereunder.
You understand and agree that the Add-on is provided "as is" and TitanAp= ps, its affiliates, suppliers and Resellers expressly disclaim all warranti= es of any kind, express or implied, including without limitation any warran= ty of merchantability, fitness for a particular purpose, and non-infringeme= nt. TitanApps, its affiliates, suppliers, and Resellers make no warranty or= representation regarding the results that may be obtained from the use of = the Service, or that the Service will meet any user's requirements. Use of = the Service is at Your sole risk. You will be solely responsible for any da= mage to You resulting from the use of the Service. The entire risk arising = out of use, of the Service remains with You. No oral or written information= or advice is given by TitanApps or its authorized representatives shall cr= eate a warranty or in any way increase the scope of TitanApps=E2=80=99s obl= igations. Without limiting the foregoing, the Service is not designed or li= censed for use in hazardous environments requiring fail-safe controls, incl= uding without limitation operation of nuclear facilities, aircraft navigati= on/communication systems, air traffic control, and life support or weapons = systems. Without limiting the generality of the foregoing, TitanApps, its a= ffiliates, suppliers, and Resellers specifically disclaim any express or im= plied warranty of fitness for such purposes.
You agree to indemnify, defend and hold harmless TitanApps, its affiliat= es, officers, directors, employees, consultants, agents, suppliers, and Res= ellers from any and all third party claims, liability, damages, and/or cost= s (including, but not limited to, attorneys fees as and when incurred) aris= ing from Your use of the Service, Your use of Your Account, Your violation = of these Terms of Use or the infringement or violation by You or any other = User of Your Account, of any intellectual property relating to the Service = (including without limitation Your User Content) or another right of any pe= rson or entity.
TitanApps reserves the right at any time and from time to time to modify= the Add-on (or any part thereof) with or without notice at any time. You a= gree that TitanApps shall not be liable to You or to any third party for an= y modification of the Service.
No agency, partnership, joint venture, employee-employer, or franchiser-= franchisee relationship between You and the TitanApps Add-on is intended or= created by these Terms of Use.
In no event will TitanApps or its affiliates, suppliers, or Resellers be= liable for any special, incidental, indirect, exemplary, or consequential = damages whatsoever (including, without limitation, damages for loss of busi= ness profits, business interruption, loss of business information, or any o= ther pecuniary loss or damage) arising out of the use of or inability to us= e the Service, or the provision of or failure to provide technical or anoth= er support service, whether arising in tort (including negligence) contract= or any other legal theory, even if TitanApps, its affiliates, suppliers or= Resellers have been advised of the possibility of such damages. In any cas= e, TitanApps=E2=80=99s, its affiliates', suppliers' and Resellers' maximum = cumulative liability and Your exclusive remedy for any claims arising out o= f or related to this Agreement will be limited to the amount actually paid = by You for the Service (if any) in the previous twelve (12) months.
Failure by either party to exercise any of its rights under, or to enfor= ce any provision of, this Agreement will not be deemed a waiver or forfeitu= re of such rights or ability to enforce such provision. If any provision of= this Agreement is held by a court of competent jurisdiction to be illegal,= invalid, or unenforceable, that provision will be amended to achieve as ne= arly as possible the same economic effect of the original provision and the= remainder of this Agreement will remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any cla= im or cause of action arising from or related to the use of TitanApps servi= ces or the Terms of Use must be filed within one (6) months after such clai= m or cause of action arose or be forever barred.
This Agreement shall be governed by and construed under the laws of the = State of Delaware, USA, as applied to agreements entered into and to be per= formed in the State of Delaware by Delaware residents.
This Agreement embodies the entire understanding and agreement between t= he parties respecting the subject matter of this Agreement and supersedes a= ny and all prior understandings and agreements between the parties respecti= ng such subject matter. TitanApps may change the terms of this Agreement at= any time by posting modified terms on its website. This Agreement has been= prepared in the English Language and such version shall be controlling in = all respects and any non-English version of this Agreement is solely for ac= commodation purposes. Any and all rights and remedies of TitanApps upon You= r breach or other default under this Agreement will be deemed cumulative an= d not exclusive of any other right or remedy conferred by this Agreement or= by law or equity on TitanApps, and the exercise of any one remedy will not= preclude the exercise of any other. The captions and headings appearing in= this Agreement are for reference only and will not be considered in constr= uing this Agreement. Notices to You may be made via either email or regular= mail.
All notices or other correspondence to TitanApps under this Agreement mu= st be sent to the following electronic mail address for such purpose: smartchecklist@railsware.com
Or the following physical address:
Railsware Products Studio LLC.
118 Coalpit Hill Road, Danbury,
CT 06810, USA