END USER TERMS

Be sure to carefully read and understand all of the rights and restrictions set forth in these End User Terms (hereinafter “Terms”). Accepting the Terms is necessary to install and/or use the cloud applications provided by the Owner.

These Terms are a legal binding agreement between you and the Owner, a vendor on the Atlassian Marketplace platform which is provided by Atlassian Pty Ltd, ABN 53 102 443 916 (hereinafter “Atlassian”). The Users are obliged to become familiar and comply with the appropriate Atlassian’s regulations and rules. It governs the use of the applications and any other related agreement or legal relationship with the Owner. Capitalized words are defined in the relevant dedicated section of this document.

  1. DEFINITIONS AND LEGAL REFERENCES

  1. Whenever the below capitalized terms are used herein, they shall be understood as follows:
  1. Applications (or Apps) - the cloud applications provided by the Owner. A list of Apps can be found on the Owner’s product page on the Atlassian Marketplace platform.
  2. Agreement - legally binding, contractual relationship between the Owner and the User, governed by these Terms.
  3. Business User - any User that does not qualify as a Consumer.
  4. Consumer – any User qualifying as a natural person who acquires goods or accesses services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.     
  5. Cut-Off – temporary discontinuation of the operation of the Apps or of its particular functions, required for technical reasons e.g. in connection with maintenance, retrofits, updates or repairs of the Apps.
  6. Documentation – the documents relating to the Applications, including inter alia information on the installation and configuration of the Apps. The Documentation can be found on the Owner’s product page on the Atlassian Marketplace platform.
  7. European (or Europe) - applies where the User is physically present or has their registered offices within the EU, regardless of nationality.
  8. Force Majeure – any external event of an extraordinary or random nature beyond control of the Owner and of the User or which cannot be prevented by them, including riots, strikes, armed conflicts, states of emergency, or natural disasters.
  9. License – a right to use the Apps, on terms and conditions specified in these Terms, for the duration of the Subscription.
  10. Owner (or GitConnector) - Paweł Sieniarski running business activities under the business name “Paweł Sieniarski” with its registered office in Jelenia Góra, Poland, at ul. Elewów 14A/6, 58-506 Jelenia Góra, Tax Id. No. 8961526196, Industry Id. No. (REGON): 364852280.
  11. Subscription – subscription granting the User the right to use the App. The rules for Subscription shall be laid down by Atlassian.
  12. User (or You) – any natural or legal person using the Apps.
  13. Working Day –Monday through Friday, excluding public holidays in Poland, consisting of eight (8) working hours.
  1. Any capitalised terms defined herein shall have the same meaning in the entire Terms, regardless of their grammatical form, unless the Terms provides otherwise.
  1. GENERAL PROVISIONS

  1. These Terms specify conditions for the use of the Apps by the Users, in particular license conditions.
  2. The Apps are intended for both Business Users and Consumers.
  3. To use the Apps, it is necessary to accept the Terms and satisfy the requirements laid down herein.
  4. GitConnector is the owner of the Apps and is entitled to dispose of the Apps’ resources. Contact details:
  1. postal address: ul. Elewów 14A/6, 58-506 Jelenia Góra, Poland;
  2. e-mail for current contact with the Owner: [email protected].

  1. SUBSCRIPTION AND LICENSE

  1. The Subscription entitles the User to use the Apps.
  2. The Subscription order or renewal can be placed by the User via the Atlassian Marketplace platform.
  3. The Subscription term is specified in the appropriate Atlassian’s regulations.
  4. Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to the Apps are held by the Owner and/or its licensors.
  5. Subject to the Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants the Users who have the active Subscription, for the duration of Subscription, the revocable, non-exclusive, non-sublicensable and non-transferable License to install and use the App.
  6. This License does not grant the Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the App and the Documentation related thereto is the Owner’s or its licensors’ sole property.
  7. All rights and the License grants to the Users shall immediately terminate upon any termination or expiration of the Subscription.
  8. The Users are required to pay the license fee in accordance with the rules laid down by Atlassian in applicable terms and conditions. Should the User fail to pay the applicable fees, this will result in immediate termination of the License granted to the User by the Owner under these Terms.

  1. SUPPORT

  1. The Owner provides the Users with the support services for the duration of the User’s License. Support services shall include answering the Users’ questions, analysing and fixing reported bugs, assisting with configuration of the Apps.
  2. The Owner’s service hours are from 12 pm to 8 pm (CET) on the Working Day.
  3. The Owner will endeavor to answer all requests within 24 service hours on any Working Day.
  4. The support requests made outside the applicable service hours shall be treated as made on the next Working Day at 12 pm.
  5. GitConnector shall provide the support online via email at [email protected] or via      JIRA Service Desk.
  6. The support request may concern only one bug and shall encompass all the information needed for qualification and solution of the bug, in particular: the description and scope of the issue, an individual reporting the issue and contact details to the User and any other data required by an individual receiving the support request.
  7. The support request may be submitted only in English.
  8. The Owner shall endeavor to solve the issues reported to him by the User in line with the Owner’s best knowledge and experience. Nonetheless, the Owner does not guarantee to solve the issues reported to it by the User, in particular, it may refuse to solve the issue connected to the failure of a environment on which Apps are installed or when the specification of such device does not comply with the Apps requirements.
  9. The User shall at all times use the latest available version of the third-party software running with the Apps. GitConnector is not responsible for bugs in the Apps that can be attributed to the outdated third-party software. Under the Terms shall provide support only for the Apps and may decline to provide support if the bugs results from improper function of the third-party software.
  10. The malfunctions of the Apps, resulting from the following, shall not be regarded as bugs:
  1. use of the Apps not in accordance with the Documentation;
  2. modifications of the Apps by the User or any third parties;
  3. improper installation or configuration of the Apps, unless it was made by the Owner or any third party acting on behalf of the Owner;
  4. causes beyond the Apps, in particular the bugs or defects in the operating systems or the hardware needed to run the Apps.

  1. LIABILITY          

                                                                                                                                                 

  1. The Apps are made by the Owner with due care, using his best knowledge and tested with the tools possessed by the Owner, however, the Owner is not responsible for damages related in any way to the use of the Apps and their consequences.
  2. The Owner shall not be liable for any other damage connected with the Apps, in the form of lost benefits, lost data, indirect, consequential, punitive, or special damages as well as for the loss of reputation, market, clients or any other similar losses, regardless of the legal basis for liability.
  3. The Owner shall not be liable for the non-performance or undue performance of the Terms caused by the Force Majeure.      
  4. The Owner does not provide any warranty for the Apps, in particular, the Owner does not guarantee the uninterrupted operation of the Apps, their compliance with applicable legislation, the correction of errors in the Apps, the suitability of the Apps for the purpose for which they are used by the User, except in those cases expressly provided for in the Terms. The Owner its affiliates, and any third-party providers disclaim and make no other representation or warranty of any kind, expressed, implied, or statutory, including representations, guarantees, or warranties of merchantability, fitness for a particular purpose, title, non-infringement, or accuracy.
  5. The limitations or exclusions of liability set forth in the Terms include all possible grounds of liability, including liability in contract or tort, to the maximum extent permitted by applicable law.
  6. The Owner’s total liability for Apps shall be limited to 20% of the license fee received by the Owner under the individual Subscription in the month in which the damage occurred.

  1. COMMON PROVISIONS AND ACKNOWLEDGMENTS

  1. The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.     
  2. The Owner has the right to introduce the Cut-Off. If possible, the Owner shall inform the User of any planned Cut-Offs that might affect the normal use of the Apps by posting information about the planned Cut-Off in the Apps. The Owner shall not be liable for the unavailability of the Apps during the Cut-Off.
  3. Additionally, the Apps might not be available due to reasons outside the Owner’s reasonable control, such as Force Majeure.
  4. In case of the Apps’ failure, the Owner shall apply best efforts to promptly restore the Apps’ functionalities.
  5. As any other applications, the Apps may have bugs, errors or defects. The Owner informs the Users that he endeavors to keep the Apps free from defects, bugs and errors; however, it needs to be emphasized that there are no solutions available that would completely and fully protect against the errors or defects. The Owner does not guarantee that Apps will be free from them.
  6. The Applications are only designed to be compatible with Atlassian software and third-party software applications indicated in the Apps' technical documentation and on the Atlassian Marketplace product page. The Owner does not warrant or represent that the Applications will be compatible with any other software other than indicated in the first sentence.
  7. Through the Apps Users may have access to external resources provided by third parties. The Owner has no control over such resources and is therefore not responsible for their content and availability. The User should get acquainted with third parties’ terms and conditions regulating use of such resources.

     

  1. CONSUMERS

     

Points V and VI shall not apply to the Consumers insofar as this results from mandatory applicable laws.

  1. INTELLECTUAL PROPERTY RIGHTS

  1. The Apps are protected with applicable intellectual property rights.
  2. The Owner hereby reserves any and all rights, in particular trademarks (nominal or figurative) and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with the Apps, copyrights, patents and any other intellectual property rights, know-how and business secrets, not expressly assigned or granted to the User under the Agreement.     
  3. In particular but without limitation, the User cannot, especially for commercial purposes, make copies, modify or transmit electronically or otherwise the Apps or parts thereof.
  4. The User shall not alter or modify the copyright and other intellectual property rights disclaimers and/or credits placed by Owner in the Apps and related materials. The User expressly undertakes to comply with such credits and disclaimers in using of the Apps.

  1. CHANGES TO THESE TERMS

  1. The Owner reserves the right to amend the Terms in justified cases, and in particular in the case of:
  1. a change in technical conditions of the Apps, including the ones related to technical or technological progress;
  2. a change in terms of use of software or use of devices needed to operate with the Apps, including the ones introduced by manufacturers or entities having rights to the software or to the devices in question;
  3. decisions or judgments affecting or potentially affecting the Terms issued by competent public bodies;
  4. the Force Majeure;
  5. formal or organizational changes with a bearing on the Apps;
  6. other justified reasons.
  1. The Owner shall inform the User of any amendments to the Terms and the scope thereof by placing the consolidated text of the Terms on the Owner’s website. The amendment to the Terms shall enter into force upon the lapse of 30 days from the date of posting the text of Terms on the Owner’s website at https://terms.gitconnector.com.
  2. Any changes will only affect the relationship with the User for the future. Any amendment to the T&C shall not affect the services rendered prior to the date of its entry into force.
  3. If Users do not wish to be bound by the changes, they must stop renewal of the Subscription.

  1. PERSONAL DATA

The Owner’s privacy policy regulations and rules pertaining to cookies are laid down in a separate document, i.e. Privacy Policy, at the address: https://privacy.gitconnector.com.

  1. SEVERABILITY

  1. Should any provision of these Terms be or be deemed void, invalid or unenforceable, the Owner and the User shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
  2. In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law. Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Terms unless the severed provisions are essential to the Terms, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the Parties.

  1. APPLICABLE LAW AND VENUE OF JURISDICTION

  1. These Terms are governed by the law of Poland.
  2. Any disputes under the Terms or under the Agreements concluded with the Owner based on the Terms shall be settled by the Polish court competent for the Owner’s registered office.
  3. Point XII.1-2 shall not apply to the Consumers insofar as this results from mandatory applicable laws.

 

  1. FINAL PROVISIONS

  1. These Terms shall apply from December 29, 2023.
  2. Nothing in the Terms creates any relationship of employment, agency, or partnership between the involved parties.
  3. The User may not transfer any rights or obligations under these Terms to any third parties without the Owner’s consent.
  4. For communications concerning these Terms please write to the Owner at the contact details given in point II.4 above.