License Agreement

TestAdvisor for JIRA. Terms and Conditions.

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the TestAdvisor for JIRA (the "Service", the “Product”) operated by QualityTaskForce AG ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

If you are accepting these terms and conditions on behalf of a company or other legal entity, you represent and warrant that you have full authority to bind such entity to these terms, and references to “you” or “your” refer to user, the individual end user and the entity. If you do not have that authority or of you do not agree to these terms and conditions do not download, install, obtain a license or otherwise access or use the software.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Grant of License

Subject to your full compliance with all terms and conditions of this Agreement, QualityTaskForce AG grants to you a revocable, nontransferable, non-sub licensable, nonexclusive, limited right and license to use the Product, in object code form only, and the accompanying documentation in accordance with the accompanying documentation and only as authorized by this Agreement, for the Term you selected in your order. For purposes of this Agreement “Product” includes any updates, enhancements, modifications, revisions or additions to the Product made by us and made available to you. Notwithstanding the foregoing, we may, but is not required to, provide any updates, enhancements, modifications, revisions or additions to the Product.

Scope of Use

Our license allows you to run the Product only as received at the time of download for the number of authorized users and nodes on devices owned, leased or controlled by you. If you wish to use our Product without an installation of JIRA, please contact us for licensing options. We may audit your company’s use of the Product at any time and at our expense. If the audit establishes that you have used the Product without a valid license, then the cost of the audit and unpaid license fees transfers to you.

You may not at any time;  

1. i) Distribute the Information obtained from our Product outside the licensed organization.
2. ii) Download data from the Product user interface or underlying API and store this data for later use.

Pricing and Payment

Atlassian Marketplace handles all license orders, quotes, tracking, and billing.

Please see the Atlassian Marketplace FAQ for full details on add-on licensing, support, and upgrade information.

You do not have an active license to use the Product unless and until you have paid the requested license fee. We reserve the right to increase license fees for the Product, including a higher price for new initial licenses, for yearly renewals and for monthly charges. We may also charge for software or services that initially included in a license fee or service fee, including support, maintenance, updates or upgrades.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of product and services on the Service. The product or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of QualityTaskForce AG and its licensors. The Service is protected by copyright, trademark, and other laws of both the Switzerland and foreign countries. Our trademarks and the data provided by our product may not be used in connection with any product or service without the prior written consent of QualityTaskForce AG.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by QualityTaskForce AG.

QualityTaskForce AG has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that QualityTaskForce AG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

In no event shall QualityTaskForce AG, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

QualityTaskForce AG its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Any legal case arising from non-compliance with this agreement shall be adjudicated in a court located the Canton of Zug, Switzerland.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Foreign Export Law

In connection with the Product, you agree to comply with all export laws and restrictions and regulations of the Swiss State Secretariat for Economic Affairs (SECO) or other Swiss or foreign agency or authority, and you agree not to export, or allow the export or re-export of the Product in violation of any such restrictions, laws or regulations. By downloading, installing, accessing or using the Product, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us. Our Head Office address is; QualityTaskForce AG, Gemeindehausweg 1, Cham 6330, Switzerland.