Effective Date: 27th September 2019.
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER “YOU” OR “YOUR”) AND ZOHO CORPORATION (HEREINAFTER “ZOHO”) GOVERNING YOUR USE OF ZOHO SHOW ADD-ON(S) FOR ATLASSIAN PRODUCTS, DESIGNED TO INTEROPERATE WITH APPLICABLE ATLASSIAN PRODUCT (HEREINAFTER “SERVICE”) VIA ATLASSIAN MARKETPLACE (HEREINAFTER “TERMS”).
Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the Terms, do not use the Service. You can accept the Terms by installing and/or actually using the Service.
Zoho grants to you a non-exclusive, non-transferable, evaluation license for trial and evaluation of the Service (“Evaluation License”). Under Evaluation License, the Service is licensed for the period as specified in the applicable Atlassian Marketplace webpage dedicated for the Service(Confluence Cloud and Jira Cloud) ("Evaluation Period").
To continue using the Service beyond the Evaluation Period, you must upgrade to a paid subscription plan.
Subject to this Terms and upon payment of the applicable subscription fees to Atlassian, Zoho grants you a non-exclusive, non-transferable, non-sublicensable, revocable, world-wide license to access and use the Service including user documentation, where applicable (“Subscription License”). Under the Subscription License, the Service is licensed only for the period of subscription (“Subscription Period”). If you do not renew the subscription beyond the Subscription Period, you agree to stop using the Service.
As part of the Subscription License, all updates, upgrades, email support for problem reporting and online access to product documentation to you will be provided, at no additional cost during the Subscription Period.
Restrictions on Use
In addition to all other terms and conditions of the Terms, you shall not:
- transfer the Service or otherwise make it available to any third party;
- provide any other service based on the Service without Zoho’s prior written permission;
- post links to third party sites or use their logo, company name, etc. without their prior written permission;
- publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity;
- use the Service in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Zoho and/or disrupt the integrity of the data contained therein;
- use the Service to send or store material containing software viruses, worms, or other harmful computer codes, files, scripts or programs;
- violate any applicable local, state, national or international law;
- create a false identity to mislead any person as to the identity or origin of any communication;
- use the Service for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another; and
- use the Service for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email.
Fees and Payments
The Service is available under subscription plans of various durations as specified in the “Pricing” section of the Atlassian Marketplace webpage dedicated for the Service (Confluence Cloud and Jira Cloud). Atlassian, may at its absolute discretion modify the subscription plans.
All fees, payments, renewals, subscriptions and refunds are handled and managed by Atlassian and you agree to be governed by applicable Atlassian terms in this regard. Zoho is not responsible for the processing of payments, renewals, subscriptions or refunds, and shall not be liable for any matter in connection therewith.
Third Party Software
The Service may contain software which originated with third party vendors and without limiting the general applicability of the other provisions of this Agreement, you agree that (a) the title to any third party software incorporated in the Service shall remain with the third party which supplied the same; and (b) you will not distribute any such third party software available with the Service, in any manner.
Personal Information and Privacy
Communications from Zoho
The Service may include certain communications from Zoho, such as service announcements and administrative messages. You understand that these communications shall be considered part of using the Service and you will not be able to opt-out from receiving such service announcements and administrative messages
Export of Content
You are provided with the option to back-up your Content during the Evaluation/Subscription Period, as applicable. You will not have access to and will not be able to back-up your Content after the expiry of the Evaluation/Subscription Period.
Deletion of Content
Deletion of Content in case of Evaluation License: In case of Evaluation License, Zoho will delete your Content after fifteen (15) days from the date of expiry of the Evaluation License.
Deletion of Content in case of Subscription License: In case of Subscription License, Zoho will delete your Content after sixty (60) days from the date of expiry of the applicable Subscription License.
Ownership of Content
We respect your right to ownership of data / content created or stored by you in Zoho’s servers (“Content”). You own the Content. Unless specifically permitted by you, your use of the Service does not grant Zoho the license to use, reproduce, adapt, modify, publish or distribute the Content for Zoho’s commercial, marketing or any similar purpose. But you grant Zoho permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the Content solely as required for the purpose of providing the Service to you.
User Generated Content
You may transmit or publish the Content using the Service or otherwise. However, you shall be solely responsible for such Content and the consequences of its transmission or publication. Any Content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private Content publicly available. In the course of using the Service, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable Content available on the Service you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such Content to make such Content available in such manner. Further, by making any Content available in the manner aforementioned, you expressly agree that Zoho will have the right to block access to or remove such Content made available by you if Zoho receives complaints from Atlassain or any third party concerning any illegality or infringement of third party rights in such Content. By using the Service and transmitting or publishing any Content using the Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such Content by the agent designated by Zoho for this purpose.
If you wish to protest any blocking or removal of Content by Zoho, please contact us at firstname.lastname@example.org.
Sample files and Applications
Zoho may provide sample files and applications for the purpose of demonstrating the possibility of using the Service effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Zoho makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
Zoho, Zoho logo, the name of the Service and its logos are trademarks of Zoho Corporation. You agree not to display or use, in any manner, the Zoho trademarks, without Zoho’s prior permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. ZOHO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZOHO MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ZOHO, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT ZOHO SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ZOHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL ZOHO’S ENTIRE LIABILITY TO YOU IN RESPECT OF THE SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TO ATLASSIAN IN SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM.
You agree to indemnify and hold harmless Zoho, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Service in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Service, except where such use is authorized by Zoho.
ArbitrationAny controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Zoho may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Suspension and Termination
You may terminate this Agreement at any time, for any reason whatsoever. We may temporarily or permanently, as the case may be, disable your access to whole or any part of the Service at any time and with no liability to you if: (i) you violate the Terms; (ii) you infringe proprietary rights, rights of privacy, or intellectual property rights of any third party; (iii) you engage in any activity that may be illegal or cause liability, to Zoho or any other third party; (iv) you engage in any activity that cause disruption to the Service ; (v) you have not paid the applicable subscription fees to Atlassian and Atlassian directs us to disable your access to the Service; (vi) it is required by law; or (vii) we discontinue the Service.
We may terminate your Evaluation License at any time and for any reason in our sole discretion, without any liability to you.
You acknowledge and agree that Atlassian is responsible for refunds (if any) and you will not request any refunds from us.
Modification and Discontinuance of Service
Zoho reserves the right, at any time and at its sole discretion, to make changes, update or discontinue the Service or any feature or functionality thereof.
Modification of Terms
We may modify the Terms at any time and at our sole discretion and we will take reasonable efforts to notify you regarding such modifications through any of following modes:
- By posting the amended Terms to Atlassian Marketplace webpage dedicated for the Service; or
- Inside the Service through a service announcement.
If you do not agree to the modified Terms after it becomes effective, you shall discontinue use of the Service immediately. Your continued use of Service after the effective date of any change to the Terms will be deemed to be your acceptance to the modified Terms.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this Terms, please contact us at email@example.com.