TERMS OF USE

TERMS OF USE

(also General Terms and Conditions / Allgemeine Geschäftsbedingungen)

1. Scope and Applicability

These Terms of Use (“Terms”) govern the use of the software applications and plugins (“Apps”) provided by kencha Software UG (haftungsbeschränkt), Rheinallee 38 - 65439 Flörsheim am Main, Germany (“Provider”, “we”, “us”).

These Terms apply to all customers (“Customer”, “you”) who install, access, or use our Apps via Atlassian products (including but not limited to Jira, Confluence, Bitbucket), regardless of whether the Customer is located in Germany or abroad.

For Customers domiciled in Germany, these Terms constitute General Terms and Conditions (Allgemeine Geschäftsbedingungen – AGB) within the meaning of §§ 305 et seq. of the German Civil Code (BGB).

2. Subject Matter of the Agreement

The Provider offers installable software plugins for Atlassian products. The functionality of each App is described in the respective product listing and documentation.

The Apps are provided as software-as-a-service–related extensions and require a valid Atlassian environment to function.

3. Contract Formation

The contract is formed when the Customer installs or subscribes to an App via the Atlassian Marketplace or otherwise activates the App for use.

Any conflicting or additional terms of the Customer shall not apply unless expressly agreed to in writing.

4. Right of Use

4.1 The Provider grants the Customer a non-exclusive, non-transferable, limited right to use the App for its intended purpose during the term of the contract.

4.2 The Customer may not:

reverse engineer, decompile, or disassemble the App, except where permitted by mandatory law;
remove copyright notices;
make the App available to third parties except as permitted by the license model.

5. Customer Obligations

The Customer is responsible for:

complying with applicable laws and regulations;
ensuring that the App is used only within supported Atlassian environments;
safeguarding access credentials and API tokens.

The Customer shall not use the App for unlawful, abusive, or security-compromising purposes.

6. Availability and Maintenance

We aim to provide high availability of the Apps but do not guarantee uninterrupted operation. Maintenance, updates, and security patches may be performed periodically and may result in temporary limitations of availability.

7. Fees and Payment

Fees, billing periods, and payment processing are governed by the Atlassian Marketplace terms, unless otherwise agreed. All prices are exclusive of VAT unless stated otherwise. For Customers located in the EU, applicable VAT regulations apply.

8. Warranty (Gewährleistung)

8.1 Customers in Germany
Statutory warranty rights under German law apply.

8.2 International Customers
The App is provided “as is”, unless mandatory local law requires otherwise.

Defects must be reported without undue delay and with sufficient detail.

9. Liability

9.1 The Provider is liable without limitation for:

intent and gross negligence;
injury to life, body, or health;
liability under the German Product Liability Act (Produkthaftungsgesetz).

9.2 In cases of slight negligence, liability is limited to the breach of essential contractual obligations (Kardinalpflichten) and to foreseeable damages typical for this type of contract.

9.3 Any further liability is excluded to the extent permitted by law.

10. Data Protection

We process personal data in accordance with applicable data protection laws, including the GDPR. Details are set out in our Privacy Policy, which forms an integral part of these Terms.

11. Term and Termination

The term of the contract follows the subscription period selected via the Atlassian Marketplace. Either party may terminate the contract for cause without notice if the other party materially breaches these Terms. Statutory termination rights remain unaffected.

12. Changes to These Terms

We reserve the right to amend these Terms for valid reasons (e.g. legal changes, functional extensions). Customers will be informed of material changes in advance. Continued use of the App after the effective date constitutes acceptance of the updated Terms.

13. Governing Law and Jurisdiction

13.1 These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

13.2 If the Customer is a merchant (Kaufmann), legal entity under public law, or special fund under public law, the place of jurisdiction shall be the Provider’s registered office.

13.3 For consumers, statutory jurisdiction rules apply.

14. Severability Clause

Should any provision of these Terms be invalid or unenforceable, the remaining provisions shall remain unaffected.