Last updated: 0321.0408.2023
IMPORTANT -- READ CAREFULLY: BY UTILIZING THE Smart Checklist SOLUTION YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
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The Agreement is a legal agreement between You and Railsware Products Studio LLC. (“Railsware”hereinafter referred to as “TitanApps”), a Delaware corporation that develops software products under such brands: Mailtrap, the Smart Checklist Add-on for Jira, and others.
"You" or “Customer” refers to any individual who uses the Add-on, or, if the Add-on is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then "You" 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 to the Agreement on its behalf. If You do not agree with the terms of this Agreement, do not use the Add-on.
Railsware TitanApps reserves the right to update and change the Agreement from time 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.
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You also understand and agree that the service may include certain communications from Smart Checklist, such as service announcements, administrative 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 not to access the Add-on by any means other than through the interfaces that are provided by Railsware TitanApps for use in accessing the Add-on. Railsware TitanApps will provide the Add-on in accordance with this Agreement. Railsware TitanApps may at its sole discretion modify the features of the Add-on from time to time without prior notice.
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Proprietary/Intellectual Property Rights
Railsware TitanApps and its suppliers, as applicable, retain ownership of all proprietary 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 remove, deface or obscure any of Railsware TitanApps or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Add-on. You may not reverse engineer, reverse compile or otherwise reduce to human-readable form any software associated with the Add-on.
Railsware TitanApps has a worldwide, exclusive, sublicensable, and transferable license to Smart Checklist and is entitled to exercise all the rights regarding the IP. The Company has a license and right to use, distribute and enforce all of the rights on the intellectual property to the Add-on distributed to users.
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You acknowledge that any use of the Add-on contrary to this Agreement, or any transfer, sublicensing, copying, or disclosure of technical information or materials related to the Add-on, may cause irreparable injury to RailswareTitanApps, its affiliates, suppliers and any other party authorized by Railsware TitanApps to resell, distribute, or promote the Add-on ("Resellers"), and under such circumstances RailswareTitanApps, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
Proper Use
Railsware 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 and Privacy Policy. To the extent You choose to share any of Your User Content with other users of the Add-on, You agree to allow these users (i.e., only the users you specify) to view Your User Content and, to the extent applicable, collaborate with You and Your User Content.
Railsware TitanApps may use your User Content for the purposes and in a way as described in our Privacy Policy.
General Practices Regarding Use and Storage
You agree that Railsware TitanApps has no responsibility or liability for the deletion 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 acknowledge that Railsware TitanApps may establish general practices concerning the use of the Add-on and may modify such practices from time to time.
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You agree that You will not copy, reproduce, alter, modify, or publicly display any information displayed on the Add-on (except for Your User Content), 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 Railsware TitanApps or any other third party, except with the prior written consent of Railsware TitanApps or the appropriate third party.
Content of The Service
Railsware TitanApps takes no responsibility for any third-party Content or User Content (including, without limitation, any viruses or other disabling features), nor does Railsware TitanApps have any obligation nor any possibility to monitor such third-party Content.
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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 RailswareTitanApps.
Your Representations and Warranties
You represent and warrant that (a) all of the information provided by You to Railsware TitanApps to use Smart Checklist is correct and current, and (b) You have all necessary rights, power, and authority to enter into these End User License Agreement and to perform the acts required of You hereunder.
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You understand and agree that the Add-on is provided "as is" and RailswareTitanApps, its affiliates, suppliers and Resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, and non-infringement. RailswareTitanApps, 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 damage 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 Railsware TitanApps or its authorized representatives shall create a warranty or in any way increase the scope of Railsware’s TitanApps’s obligations. Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, RailswareTitanApps, its affiliates, suppliers, and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.
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You agree to indemnify, defend and hold harmless RailswareTitanApps, its affiliates, officers, directors, employees, consultants, agents, suppliers, and Resellers from any and all third party claims, liability, damages, and/or costs (including, but not limited to, attorneys fees as and when incurred) arising from Your use of the Service, Your use of Your Account, Your violation of these End User License Agreement 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 person or entity.
Modifications to Service
Railsware 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 agree that Railsware TitanApps shall not be liable to You or to any third party for any modification of the Service.
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No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between You and the Railsware TitanApps Add-on is intended or created by these End User License Agreement.
Limitation of Liability
In no event will Railsware 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 business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Service, or the provision of or failure to provide technical or another support service, whether arising in tort (including negligence) contract or any other legal theory, even if RailswareTitanApps, its affiliates, suppliers or Resellers have been advised of the possibility of such damages. In any case, Railsware’sTitanApps’s, its affiliates', suppliers' and Resellers' maximum cumulative liability and Your exclusive remedy for any claims arising out of 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.
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You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of Railsware TitanApps services or the End User License Agreement must be filed within one (6) months after such claim or cause of action arose or be forever barred.
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For the purposes of this Agreement, a natural person who carries out with Railsware TitanApps a juridical act which is not directly related to his or her economic or professional activity shall be deemed a consumer (“Consumer”). The client, being a Consumer, at the latest at the beginning of placing an order for Service will receive clear and legible information on the main characteristics of the Service (e.g. the description, quantity, and quality, and possess the functionality, compatibility, information on interoperability). After placing an order, Railsware TitanApps will provide the Consumer with a confirmation of the conclusion of the agreement on performance of Service on a durable carrier (including in the form of an e-mail message), to which the Consumer agrees.
Railsware TitanApps hereby declares that the Service fits for the purpose for which the Consumer required it and possesses functionality, compatibility, accessibility, continuity, and security normal for the service of this type available on the market, of which the consumer was made aware of. The Consumer, upon the conclusion of the Agreement shall be supplied with all accessories, instructions, including on installation, by Railsware TitanApps and customer assistance as described in this section. Moreover, Railsware TitanApps declares to provide the Consumer with all the necessary updates to the Service necessary to keep the Service in conformity throughout the term of the Agreement.
Service shall be supplied in the most recent version available at the time of the acceptance of this Terms of Service. The Consumer bears ordinary costs for providing telecommunication services necessary for the provision of Service to the Consumer.
Railsware TitanApps provides Service according to the prices available at https://marketplace.atlassian.com/apps/1216451/smart-checklist-for-jira-pro?tab=pricing&hosting=cloud . The Consumer will be provided the amount of a total fee for the Service selected by the Consumer exclusive of taxes, upon selection of a plan chosen by the Consumer, at the beginning of placing an order for Service. The Consumer shall be responsible for all applicable taxes in accordance with the terms stated in section “Billing / Payment Terms”. Payment for the Service is made as described in section “Billing / Payment Terms”.
The Consumer’s right to withdraw from the Terms of Service shall expire upon commencement of the provision of Service on the basis of Article 16 of the Directive 2011/83/EU of 25 October 2011. By accepting this Agreement, the Consumer declares that he/she is aware and unambiguously accepts that the Consumer does not have the right to withdraw from the contract for the provision of Service due to its nature, in particular, due to the fact, that gaining access to the Service, means the full performance of the Service by RailswareTitanApps.
The provision of the Service may involve risks inherent in the activity on the Internet. The Consumer is aware of the risks of the Internet, in particular the possibility that passwords may be intercepted by third parties or that the Consumer’s devices may be infected with viruses, as well as the losses that may arise from such events. The Consumer is obliged to keep passwords and login data to the account secret. Upon request of the Consumer, Railsware TitanApps shall send the Consumer current information about particular risks connected with using services provided electronically via email.
The Consumer is obligated to use the Service in accordance with the law and good practice, to respect the personal rights, copyrights, and intellectual property rights of Railsware TitanApps and third parties. Railsware TitanApps does not provide after-sales services or warranties
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The Consumer may lodge the complaint regarding the provision of Service, with RailswareTitanApps, via contact details for notices or other correspondence stated below. It is recommended that the Consumer provides in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular, the type and date of occurrence of the irregularity; (2) the demand of the Consumer; and (3) contact details of the Consumer – this will facilitate and accelerate the processing of the complaint by RailswareTitanApps. The requirements specified in the preceding sentence have the form of recommendation only and do not influence the effectiveness of complaints lodged with the omission of the recommended description of the complaint by the Consumer.
Complaints that do not require additional information shall be considered within 14 business days of their receipt. Railsware TitanApps shall inform the Consumer of the manner of their consideration through the means of communication used to initiate the use of the Service. In the event of the necessity to supplement the complaint, Railsware TitanApps shall immediately, in any case not later than within 14 business days from the date of its lodging, notify the Consumer. In such a case the time limit referred shall be counted from the date of submitting the supplemented complaint. Detailed information about the possibility for the Consumer to use out-of-court complaint and redress procedures and the rules of access to these procedures are available at the offices and websites of consumer ombudsman, consumer rights protection organizations, and consumer protection offices competent for the seat of the Consumer.
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This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. Railsware 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 accommodation purposes. Any and all rights and remedies of Railsware TitanApps upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on RailswareTitanApps, 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 construing this Agreement. Notices to You may be made via either email or regular mail.
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All notices or other correspondence to Railsware TitanApps under this Agreement must be sent to the following electronic mail address for such purpose: smartchecklist@railsware.com
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