Last Updated: January 15, 2025
This End User License Agreement (“Agreement”) is a legal agreement between you (“End User”) and Crimsalytics LLC (“Crimsalytics”), a provider of Cloud Apps for Atlassian products. By installing, accessing, or using any Cloud App or service provided by Crimsalytics via the Atlassian Marketplace, you agree to be bound by the terms and conditions of this Agreement.
1. Scope
This Agreement applies to all Cloud Apps or services related to Crimsalytics’ Cloud Apps, including those made available through Atlassian’s Marketplace. The terms of this Agreement become effective when you install the software on your Atlassian instance.
2. License and Payment Terms
- The license for the Cloud Apps is available on a monthly or annual subscription basis, as selected during the purchase process via Atlassian’s Marketplace.
- Payments for the license must be made through Atlassian’s Marketplace and are subject to Atlassian’s payment terms.
- End User has thirty (30) days from the date of purchase to cancel the order and return the Cloud App. If the End User cancels their order within this time-period, Atlassian Marketplace will issue a refund. End Users must cease to use the app and delete any copies in the End User’s possession. No refunds are offered after thirty (30) days under this Agreement.
- If offered, the End User may utilize trial periods to try the app through the period specified when signing up for the trial.
3. Beta Products
Products listed as “Beta” are under testing and may still contain bugs, critical issues, or other imperfections. By using Beta products, you acknowledge and accept the risks associated with their use.
4. Third-Party Software
The Cloud Apps may include third-party software can be found in Appendix A.
5. Support
Crimsalytics will provide support for the Cloud Apps as follows:
- Critical issues: Support will be provided within 24 hours of the request.
- Non-critical issues: Support will be provided within 5 business days.
Support requests must be submitted via email to support@crimsalytics.com.
6. Data Handling
All data handled by the Cloud Apps is stored on Atlassian’s platform using Atlassian Forge. Deleting the app will automatically delete all stored data. Crimsalytics does not have access to your data, except for server log files that may include Atlassian User Account IDs, which are used solely to facilitate support for End Users.
7. Limitations
The software is built on Atlassian’s Forge platform (see https://developer.atlassian.com/platform/forge/). There are inherent benefits to leveraging this platform with respect to data security, privacy and ensuring the customer data remains within the customer’s Jira instance. There are some potential drawbacks as Atlassian’s Forge platform has quotas and limits. Crimsalytics has made commercially reasonable efforts to minimize the utilization of Atlassian Forge resources to ensure customers can maximize the use of the software without interruption. At the same time, Crimsalytics shall not be held liable if the use the usage of the Cloud Apps exceeds the end-user’s platform quotas, which can result in the termination of service until quotas are reset per https://developer.atlassian.com/platform/forge/platform-quotas-and-limits/.
8. Termination
This Agreement may be terminated for cause by either party. Upon termination, all rights granted to you under this Agreement will immediately cease, and you must cease all use of the Cloud Apps. Termination will not relieve you of any payment obligations incurred before termination.
9. Confidentiality
Both parties agree to maintain the confidentiality of any confidential information disclosed during the term of this Agreement. Confidential information does not include information that is publicly available or becomes known through no fault of the receiving party.
10. Copyright and Intellectual Property
The Cloud Apps and all associated intellectual property are the exclusive property of Crimsalytics or its licensors. End Users are not granted any ownership rights, and you may not reverse engineer, decompile, or otherwise attempt to extract the source code of the Cloud Apps.
11. No Warranties
The Cloud Apps are provided “as is” and “as available” without any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
12. Assignment
You may assign this Agreement to a third party as part of a merger, acquisition, or other corporate transaction without requiring Crimsalytics’ prior consent.
12. Revisions to this Agreement
Crimsalytics reserves the right to modify this Agreement at any time. Revisions will be effective upon publication on the Crimsalytics website. Your continued use of the Cloud Apps following the publication of any revisions constitutes your acceptance of the modified terms.
13. Viruses and Security
Crimsalytics takes reasonable precautions to ensure that its Cloud Apps are free of viruses, malware, or other harmful components. However, Crimsalytics does not warrant or guarantee that the Cloud Apps will be completely secure or free from these elements. It is your responsibility to implement appropriate safeguards to protect your systems when using the Cloud Apps. Crimsalytics will not be liable for any damage caused by viruses or other security breaches arising from your use of the Cloud Apps.
14. Limitation of Liability
To the maximum extent permitted by applicable law, Crimsalytics’ total liability for any claims arising out of or in connection with the use of the Cloud Apps, whether in contract, tort (including negligence), or otherwise, shall be limited to the amount actually paid by the End User for the software during the 12-month period preceding the claim. In no event shall Crimsalytics be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or use, whether incurred directly or indirectly, or any loss of business opportunity, however caused and under any theory of liability, even if Crimsalytics has been advised of the possibility of such damages. This limitation of liability shall apply regardless of the nature of the claim or the theory of liability asserted.
15. Force Majeure
Neither party shall be liable for any failure or delay in performance under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, fire, flood, earthquake, war, terrorism, strike, labor dispute, embargo, government regulation, pandemics, telecommunications failures, power failures, network interruptions, or any other event or circumstance beyond the reasonable control of the affected party (a “Force Majeure Event”). In the event of a Force Majeure Event, the affected party shall be excused from performance for as long as such event continues and the affected party uses commercially reasonable efforts to resume performance as soon as reasonably possible. If a Force Majeure Event lasts for more than 30 days, either party may terminate this Agreement upon written notice to the other party.
To ensure self-consistency between the Governing Law and Dispute Resolution clauses, you’ll want to harmonize the jurisdiction and venue references, as well as clarify that mediation and arbitration are the exclusive methods for resolving disputes. Since you no longer intend to pursue litigation after mediation, the section about court jurisdiction should be aligned with the mediation and arbitration process.
Here’s a revised version that maintains consistency across the two clauses:
16. Governing Law and Dispute Resolution
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law principles. Any disputes arising out of or relating to this Agreement shall be resolved through mediation and, if necessary, binding arbitration in accordance with the provisions of Section 18 below. The parties agree that mediation will be conducted in California, and if the dispute is not resolved through mediation, binding arbitration will be the exclusive method for resolving the dispute.
17. Dispute Resolution and Mediation
In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, the parties agree to first attempt to resolve the dispute through informal negotiations. If the dispute cannot be resolved informally within 30 days from the date the dispute arises, the parties agree to submit the dispute to mediation before seeking any other form of legal recourse.
The mediation shall be conducted in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed-upon mediator. The mediation will take place virtually or at a mutually agreed-upon location in California. The parties agree to limit the mediation to one day or a maximum of three mediation sessions, whichever is shorter.
The parties will select a mediator with experience in the relevant field of dispute, and the costs of mediation shall be shared equally by the parties. If the mediation does not result in a settlement, the dispute shall be resolved through binding arbitration under the rules of the AAA or another mutually agreed-upon arbitrator. The arbitration shall be final, and the parties agree to accept the arbitration decision as the sole and exclusive resolution to the dispute.
In no event will the parties pursue legal action or litigation in any court following the failure of mediation, except for the purpose of enforcing the results of the arbitration.
18. Entire Agreement
This Agreement constitutes the entire understanding between the parties with respect to the subject matter and supersedes all prior discussions, agreements, or understandings of any kind.
By installing or using the Cloud Apps, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.
Appendix A
Third Party Software Licenses
The following third party software is used in Crimsalytics products.
Chart.js
The MIT License (MIT)
Copyright (c) 2014-2024 Chart.js Contributors
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.