Legal

End User Agreement

Terms of use for all Formkraft-Digital apps on the Atlassian Marketplace.

This End User Agreement applies to all Atlassian Marketplace apps developed and maintained by Formkraft-Digital, including any current and future listings.

1. Acceptance of Terms

By installing or using the App, you ("Customer") agree to be bound by the terms of this End User Agreement ("Agreement"). If you are accepting this Agreement on behalf of an organization, you represent that you have the authority to bind that organization. If you do not agree to these terms, do not install or use the App.

2. License Grant

Subject to the terms of this Agreement, the Developer grants Customer a limited, non-exclusive, non-transferable, revocable license to use the App solely in connection with Atlassian Jira Cloud services for internal business purposes.

3. Ownership and Restrictions

The App and all intellectual property rights therein are and shall remain the property of the Developer. Customer may not:

  • Modify, reverse engineer, decompile, or disassemble the App
  • Rent, lease, or sublicense the App
  • Use the App in any unlawful manner or for any unlawful purpose

4. Customer Data

Customer retains all rights to the data submitted or processed through the App ("Customer Data"). Customer is solely responsible for:

  • Ensuring it has the rights and consents to provide such data
  • Maintaining appropriate backups
  • Complying with all applicable data protection laws

If the App processes Customer Data outside of Atlassian systems, it may be transferred and stored in the United States or other jurisdictions as described in our Privacy Policy.

5. Privacy and Data Protection

The Developer processes Customer Data in accordance with the Privacy Policy linked in the App listing. If the App acts as a data processor under GDPR or similar legislation, a Data Processing Addendum (DPA) applies as set forth in Section 16.

6. Support

Support is provided as described in the App listing. Developer reserves the right to modify or discontinue support or the App at any time.

7. Third-Party Suppliers

a. Third-Party Components

The App may incorporate or rely on software, services, or other technology provided by third parties ("Third-Party Suppliers"). Use of any such third-party components may be subject to separate license terms and conditions. Customer agrees to comply with any such third-party terms.

b. No Warranty for Third-Party Suppliers

The Developer makes no representations or warranties regarding any Third-Party Suppliers or their components. All such components are provided "AS IS".

c. Supplier Rights and Obligations

To the extent required by the applicable terms of any Third-Party Supplier, such supplier is a third-party beneficiary of this Agreement and may enforce its terms against the Customer.

d. Change in Third-Party Services

The Developer reserves the right to replace or discontinue use of any Third-Party Supplier at its discretion. In such cases, the Developer may modify or limit functionality of the App accordingly.

8. Disclaimers

The App is provided "AS IS" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. The Developer does not warrant that the App will be error-free or uninterrupted.

9. Usage Rules

a. Compliance

Customer agrees to:

  • Comply with any Acceptable Use Policy (AUP) identified in the Provider-Specific Terms
  • Represent and warrant that it has all rights necessary to use Customer Data with the App without violating third-party intellectual property, privacy, or other rights
  • Take responsibility for the content and accuracy of Customer Data

b. High-Risk Activities and Sensitive Data

Customer acknowledges and agrees that it will not use the App for High-Risk Activities or submit Sensitive Data to the App. The App is not designed for such use and the Developer has no liability for any use prohibited in this section.

c. Restrictions

  • Sell, sublicense, distribute, or rent the App (in whole or part), or use it to provide a hosted or managed service to others
  • Reverse engineer, decompile, or seek to access the source code of the App
  • Copy, modify, create derivative works of, or remove proprietary notices from the App
  • Conduct security or vulnerability tests of the App or interfere with its operation
  • Circumvent access restrictions to any part of the App
  • Use the App to develop a product or service that competes with the App

10. Limitation of Liability

To the maximum extent permitted by law:

  • Developer shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, data, or business opportunities
  • Developer's total liability under this Agreement shall be limited to the fees paid by Customer for the App in the 12 months preceding the claim

11. Indemnification

Customer agrees to indemnify, defend, and hold harmless the Developer from any claim, liability, damages, and costs arising from Customer's use of the App, violation of this Agreement, or infringement of any third-party rights.

12. Termination

This Agreement is effective until terminated. Developer may terminate this Agreement and Customer's access to the App at any time for any reason. Upon termination, Customer must cease all use of the App.

13. Changes to Agreement

The Developer reserves the right to modify this Agreement at any time. When changes are made, we will update the "Last Updated" date at the top of this Agreement. If the changes are material, we will make reasonable efforts to notify you. Your continued use of any App after changes become effective constitutes your acceptance of those changes.

14. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction specified in the App listing or Developer's principal place of business, without regard to its conflict of laws rules.

15. Contact

Questions about this Agreement can be directed to:

✉️ contact@formkraft-digital.de

16. Data Processing Addendum (DPA)

If and to the extent the Developer processes personal data on behalf of the Customer under applicable data protection laws (including GDPR, CCPA, or equivalent legislation), the following terms apply:

  • Purpose and Scope: The Developer shall process Customer Data solely for the purpose of providing the App's functionality and in accordance with the Customer's documented instructions.
  • Confidentiality: The Developer shall ensure that all persons authorized to process Customer Data are bound by confidentiality obligations.
  • Security: The Developer shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk.
  • Sub-processors: The Developer may engage sub-processors to process Customer Data. A list of sub-processors is available upon request.
  • International Transfers: If the Developer transfers personal data outside of the jurisdiction where the data was originally collected, such transfers shall be conducted under valid data transfer mechanisms (e.g., Standard Contractual Clauses).
  • Data Subject Rights: The Developer shall assist the Customer in responding to data subject requests including access, correction, deletion, and portability requests.
  • Data Breach Notification: In the event of a personal data breach affecting Customer Data, the Developer shall notify the Customer without undue delay.
  • Deletion or Return of Data: Upon termination of the Agreement, the Developer shall delete or return Customer Data upon written request, unless otherwise required by law.
  • Audit: Upon reasonable notice, and no more than once per year, the Customer may audit the Developer's data processing practices relevant to the App.

17. Region-Specific Terms

a. European Union (GDPR)

  • The Developer agrees to comply with the General Data Protection Regulation (EU) 2016/679 ("GDPR")
  • If Customer is located in the EU or processes data of EU residents, the Developer acts as a "processor" and the Customer as the "controller" under GDPR
  • The Standard Contractual Clauses (SCCs) as approved by the European Commission shall apply to any transfer of personal data outside the EEA
  • Customers may request a signed Data Processing Agreement reflecting these terms

b. California (CCPA/CPRA)

  • The Developer agrees to comply with the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA)
  • The Developer acts as a "service provider" as defined under the CCPA and agrees not to sell or share personal information
  • The Developer shall not retain, use, or disclose personal information for any purpose other than providing the App
  • The Developer shall assist the Customer in fulfilling consumer requests to access, delete, or correct personal information under California law