End User License Agreement
Draft. This agreement is a draft and has not yet been reviewed by a lawyer.
1. Parties and acceptance
This End User License Agreement (the "Agreement") is between ArtUp Labs, the trade name of Artyom Karpets, an individual entrepreneur (sole proprietor) registered in the Republic of Kazakhstan, registered address Protozanov Street 119, apt. 33, Ust-Kamenogorsk (Oskemen), East Kazakhstan Region, Republic of Kazakhstan, IIN 911223350864 ("ArtUp Labs", "we", "us"), and the organisation that installs or uses the App ("Customer", "you").
By installing, starting a trial of, or using the App, you agree to this Agreement. If you accept on behalf of an organisation, you confirm you have authority to bind it.
2. Definitions
- App — ArtUp Trace for Jira Cloud, an Atlassian Forge app, including updates and its documentation.
- Marketplace — the Atlassian Marketplace, through which the App is licensed and paid for.
- Users — people you allow to use the App in your Jira Cloud site.
- Fees — amounts you paid for the App through the Marketplace.
3. License grant
Subject to this Agreement and to a valid licence (paid or trial) obtained through the Marketplace, ArtUp Labs grants you a non-exclusive, non-transferable, non-sublicensable, worldwide licence to install and use the App in the Jira Cloud site(s) the licence covers, for your internal business purposes, for the licence term and user tier you purchased.
4. Purchase, fees and Atlassian terms
The App is sold, licensed and billed by Atlassian through the Marketplace. Pricing, payment, taxes, trials, renewals and refunds are governed by Atlassian's Marketplace terms and policies, which apply to your purchase. ArtUp Labs does not process your payments.
If this Agreement conflicts with Atlassian's Marketplace terms about purchasing or payment, Atlassian's terms prevail for that matter.
5. Restrictions
You must not, and must not allow others to:
- copy, modify, or create derivative works of the App, except as allowed by law;
- reverse engineer, decompile or disassemble the App, except to the extent applicable law expressly permits despite this restriction;
- resell, rent, lease, sublicense or otherwise make the App available to third parties outside your licence;
- bypass licence checks, user limits or security measures;
- use the App in breach of law or of Atlassian's terms for Jira Cloud;
- use the App to build a competing product.
6. Your data
You keep all rights in your Jira data. The App runs on Atlassian's Forge platform ("Runs on Atlassian"), reads Jira data as the current user, never writes to Jira issues, and stores its own data only in Forge SQL and Forge storage on Atlassian's infrastructure. Our Privacy Policy describes what is stored and how it is deleted, and forms part of this Agreement. For App data, you are the controller and ArtUp Labs is a processor.
7. Ownership
The App is licensed, not sold. ArtUp Labs keeps all rights, title and interest in the App, including intellectual property rights. If you send us feedback or suggestions, we may use them without obligation to you.
8. Support and updates
We provide support by email at [email protected] and aim to respond within 2 business days (Almaty time, UTC+5), as described on our Support page. Response times are targets, not guarantees. We may release updates that fix issues, add, change or remove features. Because the App runs on Atlassian Cloud, updates may be applied automatically subject to Atlassian's platform rules.
9. Warranty disclaimer
We build the App carefully and will try to fix reported defects in good time. However, to the maximum extent permitted by law, the App is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, and that the App will be uninterrupted or error-free.
The App helps you track traceability; it does not replace your own review. You are responsible for verifying that coverage reports, baselines and exports are complete and correct for your regulatory, audit or contractual purposes. The App depends on Atlassian's services, which we do not control.
10. Limitation of liability
To the maximum extent permitted by law:
- ArtUp Labs' total liability arising out of or relating to this Agreement or the App is limited to the Fees you paid for the App in the 12 months before the event giving rise to the claim;
- ArtUp Labs is not liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data, goodwill or business interruption, even if advised of their possibility.
Nothing in this Agreement limits liability that cannot be limited under applicable law, such as liability for fraud, wilful misconduct, or death or personal injury caused by negligence.
11. Term and termination
- This Agreement applies for as long as you have a valid licence for the App.
- You may stop using the App at any time by uninstalling it. Refunds, if any, follow Atlassian's Marketplace policies.
- We may suspend or terminate your licence if you materially breach this Agreement and do not cure the breach within 30 days of our written notice, or immediately if required by law or by Atlassian.
- If we decide to discontinue the App, we will give reasonable advance notice through the Marketplace or by email to the technical contact, following Atlassian's rules for Marketplace partners.
- On termination your licence ends and you must stop using the App. Atlassian deletes app data stored in Forge after the App is uninstalled, according to Atlassian's data retention policy. Export anything you need (for example, CSV) before uninstalling.
- Sections 5, 6, 7, 9, 10, 12 and 13 survive termination.
12. Governing law
This Agreement is governed by the laws of the Republic of Kazakhstan, without regard to conflict-of-law rules.
Before starting any formal proceedings, both parties will try in good faith to resolve a dispute by email for at least 30 days.
13. General
- Changes. We may update this Agreement. We will change the "Last updated" date and give notice of material changes through the Marketplace listing or by email to the technical contact. Changes apply from your next renewal, or earlier if you keep using the App after 30 days' notice.
- Assignment. You may not assign this Agreement without our consent, except to a successor of your business. We may assign it to a successor of the App.
- Export and sanctions. You will comply with export control and sanctions laws that apply to your use of the App.
- Entire agreement. This Agreement, the Privacy Policy and Atlassian's Marketplace terms (for purchasing) are the entire agreement about the App. If a provision is unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver.
- Language. This Agreement is written in English. If translated, the English version prevails.
14. Contact
ArtUp Labs (Artyom Karpets, individual entrepreneur), Protozanov Street 119, apt. 33, Ust-Kamenogorsk (Oskemen), East Kazakhstan Region, Republic of Kazakhstan
Email: [email protected]