Wombats Corp — Terms of Service

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1. Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and LLC "WOMBATS CORP" (identification number 44882380), a limited liability company organized under the laws of Ukraine, with its registered office at 33/37 Laboratorna Str., Kyiv, 03150, Ukraine ("Wombats Corp," "we," "us," or "our").

These Terms govern your access to and use of all software applications ("Apps") published by Wombats Corp on the Atlassian Marketplace, including but not limited to Apps for Jira, Confluence, Bitbucket, and Crowd, across all supported deployment types (Atlassian Cloud and Data Center).

By installing, subscribing to, or using any Wombats Corp App, you agree to be bound by these Terms. If you are acting on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, do not install or use any Wombats Corp App.

2. Definitions

• "App" means any software application published by Wombats Corp on the Atlassian Marketplace.
• "Atlassian Product" means the Atlassian host application (e.g., Jira, Confluence, Bitbucket, Crowd) into which an App is installed.
• "Cloud App" means an App deployed on Atlassian's cloud infrastructure built with Atlassian Forge ("Runs on Atlassian").
• "Data Center App" means an App deployed on the Customer's own infrastructure or a Customer-managed hosting environment for Atlassian Data Center products.
• "Forge App" means a Cloud App built on the Atlassian Forge platform that runs entirely within Atlassian's infrastructure.
• "Customer Data" means any data, content, or information that you or your authorized users input, upload, or generate through the use of an App.
• "Authorized User" means any individual who is permitted by you to access and use an App under your license.
• "Marketplace" means the Atlassian Marketplace operated by Atlassian Pty Ltd.

3. License Grant

3.1 Grant of License

Subject to your compliance with these Terms and any applicable license purchased through the Marketplace, Wombats Corp grants you a limited, non-exclusive, non-transferable, revocable license to install and use the App solely in connection with a supported Atlassian Product and in accordance with the applicable documentation.

3.2 License Scope

The license scope, including the number of Authorized Users and the permitted deployment type, is determined by the license tier you purchase through the Marketplace. Free trial licenses and community licenses are subject to the same Terms unless otherwise specified.

3.3 Restrictions

You shall not:

• Copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the App, except to the extent expressly permitted by applicable law;
• Distribute, sublicense, lease, rent, sell, or otherwise transfer the App or any rights therein to any third party;
• Remove, alter, or obscure any proprietary notices, labels, or markings on the App;
• Use the App for any unlawful purpose or in violation of any applicable laws or regulations;
• Use the App in a manner that exceeds the scope of the license purchased;
• Attempt to gain unauthorized access to any systems, networks, or data associated with the App or its infrastructure;
• Reverse engineer or copy the App's source code, architecture, or design to develop a directly competing commercial marketplace application.

4. Marketplace and Billing

4.1 Atlassian Marketplace

All Apps are distributed exclusively through the Atlassian Marketplace. Your purchase, subscription, renewal, and billing are governed by Atlassian's Marketplace Terms and your agreement with Atlassian. Wombats Corp is not responsible for Marketplace billing or payment processing handled by Atlassian. Evaluators and buyers benefit from Atlassian's standard 30-day money-back guarantee policy as administered by the Marketplace.

4.2 Pricing

Pricing for each App is published on the respective Marketplace listing. Wombats Corp reserves the right to change pricing at any time; however, price changes will not affect active subscription periods already paid for.

4.3 Free Trials and Free Apps

Certain Apps or features may be offered at no charge or as a time-limited free trial. Wombats Corp reserves the right to modify or discontinue free offerings at any time without prior notice.

5. Deployment Types

5.1 Cloud Apps (Forge Apps)

Cloud Apps operate entirely within Atlassian's cloud infrastructure using the Atlassian Forge framework ("Runs on Atlassian"). All application logic, data storage, and processing occur entirely within the Atlassian platform. Wombats Corp does not operate external servers or infrastructure for Cloud Apps. Availability, uptime, and infrastructure security of Cloud Apps are governed by Atlassian's terms and service level agreements.

5.2 Data Center Apps

Data Center Apps are installed and operated on the Customer's own infrastructure. The Customer is solely responsible for the hosting environment, infrastructure security, backups, disaster recovery, and compliance of the environment in which the Data Center App operates. All Customer Data processed by a Data Center App resides on the Customer's infrastructure; Wombats Corp does not have access to such data.

6. Customer Data

6.1 Ownership

You retain all rights, title, and interest in and to your Customer Data. Wombats Corp does not claim ownership of Customer Data.

6.2 Data Handling

Wombats Corp Apps are designed to process Customer Data only as necessary to provide the App's functionality:

• Cloud Apps (Forge): Customer Data is stored within Atlassian's infrastructure (e.g., Forge Storage, Forge SQL, entity properties) and is subject to Atlassian's data residency and security policies. Wombats Corp does not transfer Customer Data to external servers.
• Data Center Apps: Customer Data remains entirely on the Customer's infrastructure. Wombats Corp does not access, collect, or store Customer Data from Data Center installations.

6.3 No External Data Collection

Wombats Corp does not operate its own data collection servers. Our Apps do not transmit Customer Data to Wombats Corp or any third party, except where explicitly documented in an App's functionality description and Privacy Policy.

7. Intellectual Property

7.1 App Ownership

Wombats Corp retains all rights, title, and interest in and to the Apps, including all intellectual property rights therein. These Terms do not convey to you any rights of ownership in or related to the Apps.

7.2 Feedback

If you provide Wombats Corp with suggestions, ideas, or feedback regarding an App, you grant Wombats Corp a non-exclusive, worldwide, royalty-free, irrevocable license to use, modify, and incorporate such feedback into our products and services without obligation to you.

8. Support

8.1 Support Availability

Wombats Corp provides technical support during business hours: Monday through Friday, 09:00–18:00 (Kyiv time, EET/EEST), excluding Ukrainian public holidays.

8.2 Support Channels

Support requests may be submitted via email at info@wombatscorp.com or through the applicable support channel listed on the App's Marketplace page.

8.3 Support Scope

Support covers:

• Questions about App installation, configuration, and usage;
• Assistance with App-related errors and defects;
• Guidance on compatibility with supported Atlassian Product versions.

Support does not cover:

• Customization, bespoke development, or consulting services;
• Issues caused by the Customer's infrastructure, network, or third-party software;
• Issues arising from unsupported or end-of-life Atlassian Product versions;
• Issues caused by unauthorized modifications to the App.

8.4 Service Level Agreement

Response times and resolution targets are defined in the separate Wombats Corp Service Level Agreement (SLA), available at [link to SLA].

9. Warranties and Disclaimers

9.1 Limited Warranty

Wombats Corp warrants that each App will perform substantially in accordance with its published documentation when used with a supported version of the applicable Atlassian Product. This warranty does not apply to free Apps, beta features, or trial versions.

9.2 Disclaimer

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 9.1, THE APPS ARE PROVIDED "AS IS" AND "AS AVAILABLE." WOMBATS CORP DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WOMBATS CORP DOES NOT WARRANT THAT THE APPS WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. WOMBATS CORP DOES NOT WARRANT THE AVAILABILITY, UPTIME, OR PERFORMANCE OF ATLASSIAN'S INFRASTRUCTURE FOR CLOUD APPS.

10. Limitation of Liability

10.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WOMBATS CORP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF ANY APP.

10.2 Liability Cap

WOMBATS CORP'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE APPLICABLE APP DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10.3 Applicability

The limitations in this Section 10 apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if Wombats Corp has been advised of the possibility of such damages.

11. Indemnification

11.1 Vendor IP Indemnification

Wombats Corp shall defend, indemnify, and hold harmless Customer against any third-party claim alleging that the App infringes any valid copyright, trademark, or trade secret, provided that Customer: (a) promptly notifies Wombats Corp in writing; (b) gives Wombats Corp sole control of the defense and settlement; and (c) provides reasonable assistance. If an App becomes, or in Wombats Corp's opinion is likely to become, the subject of an infringement claim, Wombats Corp may at its option and expense: (i) procure the right for Customer to continue using the App; (ii) replace or modify the App so that it becomes non-infringing; or (iii) terminate the license and refund any prepaid, unused fees. Wombats Corp's total liability under this Section 11.1 shall be subject to the limitation of liability set forth in Section 10.2.

11.2 Customer Indemnification

Customer agrees to indemnify, defend, and hold harmless Wombats Corp, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) Customer's use of any App in violation of Section 3.3 (Restrictions); (b) Customer's violation of any applicable law or regulation; or (c) any Customer Data processed through Customer's use of an App.

12. Term and Termination

12.1 Term

These Terms are effective from the date you first install or use any Wombats Corp App and remain in effect as long as you continue to use any App.

12.2 Termination by You

You may terminate these Terms at any time by uninstalling all Wombats Corp Apps and ceasing all use. Cancellation of your Marketplace subscription is governed by Atlassian's policies.

12.3 Termination by Wombats Corp

Wombats Corp may suspend or terminate your access to an App immediately if you breach these Terms. Wombats Corp may also discontinue an App with reasonable notice published on the Marketplace listing.

12.4 Effect of Termination

Upon termination, your license to use the App ceases immediately. Sections 6.1, 7, 9.2, 10, 11, 13, and 14 survive termination.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Ukraine, without regard to its conflict-of-law rules.

13.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or in connection with these Terms, including its formation, validity, or breach, shall first be resolved through good-faith negotiation. If unresolved within thirty (30) days of written notice, the dispute shall be finally settled under the Rules of the International Commercial Arbitration Court (ICAC) at the Ukrainian Chamber of Commerce and Industry by one arbitrator appointed in accordance with said Rules. The seat of arbitration shall be Kyiv, Ukraine, and the language of arbitration shall be English.

13.3 Language

These Terms are executed in English. To the extent permitted by applicable law, the English version shall prevail over any translation.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy and SLA, constitute the entire agreement between you and Wombats Corp with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, including any prior EULA or terms of service.

14.2 Amendments

Wombats Corp reserves the right to update these Terms at any time. Material changes will be communicated via notice on our website or Marketplace listing update. Continued use of an App after the effective date of updated Terms constitutes acceptance.

14.3 Severability

If any provision of These Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.4 No Waiver

The failure of Wombats Corp to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.5 Assignment

You may not assign or transfer these Terms or any rights hereunder without the prior written consent of Wombats Corp. Wombats Corp may assign these Terms without restriction.

14.6 Force Majeure

Wombats Corp shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, armed conflicts, government actions, pandemics, power outages, internet disruptions, or failures of Atlassian's infrastructure.

14.7 Trade Controls and Sanctions Compliance

You represent and warrant that neither you nor any Authorized User: (a) is located in, or a national or resident of, any country or territory subject to comprehensive sanctions or embargoes (including Russia, Belarus, Cuba, Iran, North Korea, Syria, or occupied regions of Ukraine); or (b) is listed on any applicable sanctioned-parties list maintained by Ukraine (NSDC), the United States (OFAC, BIS), the European Union, or the United Kingdom. You shall not access or use any App in violation of applicable export control or economic sanctions laws.

15. Contact Information

For questions about these Terms, please contact: