End User License Agreement and Terms Of Service

Types of MoroSystems Marketplace Products

This agreement governs MoroSystem's commercially available software products including Server Products, Data Center Products and Cloud-based Products, any related support or maintenance services, and documentation provided by MoroSystems.

Your User License

MoroSystems grants you limited, worldwide, non-exclusive, non-transferable and non-sublicensable User License.

User Licenses granted by MoroSystems are granted subject to the condition that you must ensure the maximum number of Authorized Users that are able to access and use the MoroSystems Marketplace Products concurrently is equal to the number of User Licenses for which the necessary fees have been paid to Atlassian, Monday and/or its authorized partners (each, an "Atlassian Solution Partner"). You may purchase additional User Licenses at any time on payment of the appropriate fees to Atlassian, Monday or an Atlassian Solution Partner.

"User License" means a license granted under this EULA to you to permit an Authorized User to use the MoroSystems Marketplace Products. The number of User Licenses granted to you is dependent on the fees paid by you.

"Authorized User" means a person who accesses and uses a MoroSystems Marketplace Products under the EULA and for which the necessary fees have been paid to Atlassian, Monday and/or an Atlassian Solution Partner.

You may not modify, reverse engineer, decompile or disassemble the MoroSystems Marketplace Products in whole or in part, or create any derivative works from or sublicense any rights in the MoroSystems Marketplace Products, unless otherwise expressly authorized by MoroSystems.

The MoroSystems Marketplace Products are protected by copyright and other intellectual property laws and treaties. Unless otherwise expressly stated, MoroSystems own all title, copyright, and other intellectual property rights in the Marketplace Products, and the MoroSystems Marketplace Products are licensed to you directly by MoroSystems, not sold.

Additional Terms

User Obligations and Eligibility

You must be at least 18 years old or have the legal capacity to enter into a binding agreement in your jurisdiction to use our products.

Account Registration

To access and use our products, you must create an account. You agree to provide accurate, current, and complete information during the registration process, including your email and name, and to keep your account information updated.

Access to Cloud-based Products

Access to Cloud-based Products are provided on a subscription basis for a set term specified in your Atlassian Marketplace or Monday Marketplace order ("Subscription Term"). Subject to the terms and conditions of this agreement, MoroSystems may grant you a non-exclusive right to access to use the Cloud-based Products during the applicable Subscription Term. You acknowledge that our Cloud-based Products are on-line, subscription-based products and that MoroSystems may make changes to the Cloud-based Products from time to time.

The supply of Cloud-based Products relies on Cloud-based Services, supplied by third parties including third party infrastructure and services or products provided by Atlassian or Monday. It is possible that the Cloud-based Services are unavailable due to maintenance or other development activity started either by MoroSystems or any third party involved in providing the Cloud-based Services.

MoroSystems does not provide any guarantee on uptime and availability of the Cloud-based Products. Where possible, MoroSystems will provide notice to you of any maintenance or development activity in advance.

Security

Your Data. "Your Data" means any data, content, code, video, images or other materials of any type that you upload, submit or otherwise transmit to or through Cloud-based Services in order to use MoroSystem's Cloud-based Products. You must ensure that your use of all Your Data is at all times compliant with all applicable local, state, federal and international laws and regulations. You will retain all right, title and interest in and to Your Data. MoroSystem's may access your account or instance in order to respond to your support requests if it is allowed by the customer in service request.

Security of Your Data. You understand that use of the Cloud-based Products necessarily involves transmission of Your Data over networks that are not owned, operated or controlled by MoroSystems, and MoroSystems is not responsible for any of Your Data lost, altered, intercepted or stored across such networks. MoroSystems cannot guarantee that its security procedures will be error-free, that transmissions of Your Data will always be secure or that unauthorized third parties will never be able to defeat MoroSystems's security measures or those of the third party service providers.

Deletion at End of Subscription Term. MoroSystems may remove or delete Your Data within a reasonable period of time after the termination of your Subscription Term.

Support and Maintenance

MoroSystems will provide the support and maintenance services for the Products during the period for which you have paid the application fee.

Warranty Disclaimer

ALL PRODUCTS ARE PROVIDED "AS IS", AND MOROSYSTEMS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND. MOROSYSTEMS SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF MOROSYSTEMS.

Limitation of Liability

NEITHER PARTY (NOR ITS SUPPLIERS) SHALL BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NEITHER PARTY’S AGGREGATE LIABILITY TO THE OTHER SHALL EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US FOR PRODUCTS AND SUPPORT AND MAINTENANCE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO SUPPLIERS OF ANY THIRD PARTY COMPONENTS INCLUDED IN THE PRODUCTS WILL BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER.

Publicity Rights

MoroSystems may identify you as a MoroSystems customer in promotional materials. You may request that we stop doing so by submitting an email to atlassian@morosystems.cz at any time. Please note that it may take us up to 30 days to process your request.

Improving our Products

MoroSystems is always striving to improve its Products. In order to do so, we need to measure, analyze, and aggregate how users interact with our Products, such as usage patterns and characteristics of our user base. We collect and use analytics data regarding the use of our Products as described in our Privacy Policy.

Changes to this Agreement

MoroSystems may update or modify this Agreement from time to time, including any referenced policies and other documents. If we modify the Agreement during your License Term or Subscription Term, the modified version will be effective upon your next renewal of a License Term, Support and Maintenance term, or Subscription Term, as applicable. In this case, if you object to the updated Agreement, as your exclusive remedy, you may choose not to renew, including cancelling any terms set to auto-renew.

Amendments

This policy was last updated in March 2024.