End User License Agreement (EULA)

By submitting an Order for an App (which may be a software application, plugin, or extension) made available by Talive OÜ, registration number 16231925, a company with limited liability organized under the laws of Estonia (referred to as the "Vendor" or "Licensor"), through the Atlassian Marketplace in accordance with the Atlassian Marketplace Terms of Use, you are also consenting to these Vendor Terms, establishing a legally enforceable contract between you (as defined in Section 1.1 of the Atlassian Marketplace Terms of Use) and the Vendor. Your Order may be placed by your Atlassian Solution Partner or Atlassian Reseller on your behalf, in which case it is assumed you have given them authorization to do so. If you do not accept all these Vendor Terms, you are prohibited from installing or utilizing the Apps.

Definitions not specified in these Vendor Terms are to be interpreted as they are defined in the Atlassian Marketplace Terms of Use, including "you", "Order", "App", and "Vendor Terms" as of the latest update of these Vendor Terms.

Intellectual Property Rights

All titles, ownership, copyright, and intellectual property rights in the Apps remain with the Licensor. These Vendor Terms do not convey any rights except for the non-exclusive, limited license granted herein.

Third-Party Software

The Apps may include or incorporate third-party software, including software covered by open-source licenses ("Third Party Software").

Warranty Disclaimer and Limitation of Liability

You recognize and agree that the Apps and any accompanying documentation are provided "as is" and "as available", with all warranties, express or implied, being disclaimed by the Licensor, including implied warranties of merchantability, fitness for a particular purpose, or that the Apps will operate without interruption or be error-free and completely secure. You bear full responsibility for any damage to your devices or data loss resulting from using the Apps.

The Licensor bears no liability for any issues related to the Apps, including indirect, consequential, special, punitive, or any other forms of liability.

Force Majeure

Neither party shall be liable for any failure, delay, or omission in fulfilling these Vendor Terms due to reasons beyond reasonable control, including but not limited to, natural disasters, war, strikes, transport disruptions, acts of terrorism, accidents, widespread computer viruses, explosions, public disorder, and governmental acts, provided that the affected party promptly notifies the other of such events.

Refusal and Termination

The Licensor reserves the right to refuse or limit any product or service, including access to the Apps, at its sole discretion. Licensor may terminate these Vendor Terms immediately for non-compliance or breach of these Vendor Terms, non-payment of fees, or violation of the Atlassian Marketplace Terms of Use or applicable copyright laws. Such termination is without prejudice to any other rights Licensor may have.

Upon termination, all rights granted to you cease immediately, and you must promptly return or destroy the Apps, including all materials and documentation.

Modifications to Vendor Terms

The Vendor may alter these Vendor Terms at its discretion, with changes posted on the Atlassian Marketplace. Continued use of an App after changes signifies your agreement to the revised terms. The Vendor Terms version at the time of your Order applies to that Order. Changes to these terms require written consent from both you and the Vendor.

Governing Law and Dispute Resolution

These Vendor Terms are governed by the laws of Estonia without regard to its principles on conflicts of laws.

Any dispute, controversy or claim arising out of or in connection with this contract shall be finally settled by the Arbitration Court of the Estonian Chamber of Commerce and Industry in accordance with its rules. The seat of arbitration shall be Tallinn and the language to be used in the arbitral proceedings shall be English. The outcomes of the arbitration are to be kept confidential and will be final and binding.

Notwithstanding the above, the Vendor retains the right to pursue debt collection through local courts in your jurisdiction for any unpaid amounts.