Terms and Conditions Agreement for Archy – Jira Plugin

    1. Introduction This Terms and Conditions Agreement (“Agreement”) outlines the terms under which you may use our Jira plugin (“Archy”) developed by Architech (“Company”). By installing or using Archy, you agree to be bound by this Agreement.

    2. License Grant We grant you a non-exclusive, non-transferable, revocable license to use Archy solely for your internal business purposes, subject to the terms of this Agreement.

    3. Use Restrictions You may not:

    • Modify, translate, adapt, or otherwise create derivative works or improvements of Archy.
    • Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of Archy.
    • Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available Archy to any third party for any reason.

    4. User Responsibilities You are responsible for:

    • Ensuring that your use of Archy complies with all applicable laws and regulations.
    • Maintaining the confidentiality of any login information associated with your use of Archy.

    5. Intellectual Property All rights, title, and interest in and to Archy, including all intellectual property rights therein, are and will remain with us. The terms of this Agreement do not grant you any rights to our trademarks or service marks.

    6. Updates and Support

    • Archy may be updated from time to time. Updates may be automatic without providing any additional notice or receiving any additional consent.
    • Support for Archy is provided in accordance with our support policies, which may be updated from time to time.

    7. Disclaimer of Warranties Archy is provided “as is,” and we disclaim any warranties, express or implied, including without limitation, warranties of merchantability or fitness for a particular purpose.

    THE SOFTWARE IS PROVIDED “AS IS”. ARCHITECH MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ARCHITECH EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, ARCHITECH DOES NOT WARRANT RESULTS OF USE OR THAT THE SOFTWARE IS BUG FREE OR ERROR FREE OR THAT ITS USE WILL BE UNINTERRUPTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. ALL THE FOREGOING DISCLAIMERS ALSO APPLY IN FULL WITH RESPECT TO ARCHITECH’S LICENSORS, SUPPLIERS, DISTRIBUTORS, CONTRACTORS AND AGENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    8. Limitation of Liability To the fullest extent permitted by applicable law, in no event will we be liable for any indirect, incidental, special, consequential, or punitive damages arising from or relating to this Agreement or your use of or inability to use Archy.

    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL ARCHITECH BE LIABLE TO YOU OR ANY OTHER PERSON (I) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER OR (II) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. ARCHITECH ’S LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO ARCHITECH , EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW, IN WHICH CASE ARCHITECH ’S LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE LAW. ALL THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF ARCHITECH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. ALL THE FOREGOING LIMITATIONS ALSO APPLY WITH RESPECT TO ARCHITECH’S SUPPLIERS, LICENSORS, DISTRIBUTORS, CONTRACTORS AND AGENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

    9. Termination We may terminate this Agreement and your access to Archy at any time without notice if we believe you have violated the terms of this Agreement.

    This Agreement shall continue until terminated as set forth in this section. You may terminate this Agreement at any time. Your rights under this Agreement will terminate automatically and irrevocably without notice from Archtiech if You fail to comply with any term(s) of this Agreement, including any attempt to transfer a copy of the Software or Software license key (if any) to another party except as provided in this Agreement. Upon termination for any reason, the Agreement granted hereunder shall terminate and You shall immediately discontinue all use of the Software and destroy and remove from all computers, hard drives, networks and other storage media all copies of the Software, but the terms of this Agreement will otherwise remain in effect.

    10. Governing Law This Agreement shall be governed by the laws of the jurisdiction of Croatia and EU without regard to its conflict of laws rules.

    11. Changes to Agreement We reserve the right to modify this Agreement at any time. Your continued use of Archy after any such changes indicates your acceptance of the new terms.

    12. Miscellaneous No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind Architech in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by You except with Architech’s prior written consent. Architech may transfer, assign or delegate this Agreement and its rights and obligations without consent. You grant Architech the right to include Your name, trademark, logo or similar identifying material (“Your Marks”) in a listing of customers on Architech’s and Archy websites and in other promotional material in relation to the Software. You grant Architech the right to send You propotional materials via email. Within thirty (30) days of Your written request, Architech will remove Your Marks from its website customer list and will make no further use of Your marks in any future material promoting the Software or send You promotional materials. This Agreement as well as all disputes arising out of or in connection with this Agreement shall be governed by the laws of Croatia, without regard to or application of choice of law rules or principles. Any dispute arising out of or in connection with this Agreement, or in future agreements resulting therefrom, shall be exclusively resolved before the courts located in Zagreb, Croatia. You further agree not to bring claims on a representative, class member basis, or as a private attorney general, and agree not to assert any claims against us unless such claims are asserted by you in the forum required by this Agreement no later than one year following the date that your claim or cause of action arose.

    13. Contact Information For any questions about this Agreement, please contact us on Customer Portal