Your access to the Services is subject to your purchase or license of the applicable products manufactured by Atlassian Pty Ltd (ABN 53 102 443 916) (Atlassian). Atlassian is not a party to this Agreement.
This End User License Agreement (Agreement) is between Gebsun (under the business name Gebsun, PL5571007699) (referred to as Gebsun) and you, the person, entity or organization subscribing to or purchasing Gebsun’s software or software as a service, as applicable (referred to as your or you), collectively referred to as the Parties and each a Party.
This Agreement governs your access to and use of Gebsun software (Software) and any related materials, media or services made available to you via the Atlassian Marketplace, available at: https://marketplace.atlassian.com/ (Atlassian Marketplace) including but not limited to any hosting services or provision of a cloud-based environment and any related support services (together with the Software referred to as Services).
1. Definitions
The following words will mean:
Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.
Confidential Information includes confidential information about a Party’s business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as “confidential”; but does not include any information which is in the public domain other than through a breach of confidence. Gebsun’s Confidential Information includes Gebsun’s Intellectual Property including the Software. Your Confidential Information includes the Data.
2. General Intellectual Property
2.1 You must, at all times, ensure the integrity of the Data and that your use of the Data is compliant with all laws. You represent and warrant that: (i) you have obtained all necessary rights, releases and permissions to provide your Data to Gebsun and to grant the rights granted to Gebsun in this Agreement; and (ii) the Data and your transfer to and use of the Data by Gebsun, as authorized by you under this Agreement does not violate any laws (including those relating to export control and electronic communications) or rights of any third party, including any Intellectual Property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized in this Agreement is not inconsistent with the terms of any applicable privacy policies. You acknowledge and agree that Gebsun is not responsible for any corruption or loss of any Data if such corruption or loss is due to an act or omission by you, your employee(s), contractor(s), agent(s), any Authorized User or other third party.
2.2 You and each Authorized User acknowledge that Gebsun may be granted access to and modify any Data inputted by you and held by Atlassian and relevant third parties as required for the interoperation of such products within the Software.
2.3 You grant Gebsun a non-exclusive, worldwide, royalty-free, revocable license to use any of your marks or logos, whether registered or unregistered in any format for any promotion, publicity, marketing or advertising purposes (Promotional License)
2.4 Neither Gebsun nor Atlassian guarantee the security of any Data you store on your Device(s) or server(s) or the Device(s) or server(s) of any Authorized User, contractor, service provider or other third party you engage.
2.5 Gebsun assumes no responsibility or liability for the Data. You are solely responsible for the Data and the consequences of using, disclosing, storing or transmitting it.
2.6 You can revoke the Promotional License at any time (including before you make a purchase) by submitting a written request via email to support@gebsun.com, requesting exclusion from future Gebsun promotional material. Requests made after purchase may take thirty (28) days to process.
2.7 This clause will survive termination or expiry of this Agreement.
3. Your Intellectual Property
3.1 Gebsun will use commercially reasonable efforts to protect information you submit via the Services, including but not limited to Authorized User information or information otherwise collected by Gebsun (collectively referred to as Data). The storage, use, access or collection of any Data containing personal information will be in accordance with Gebsun’s Privacy Policy.
3.2 As between you and Gebsun, (i) all Data is and remains your property, and (ii) you retain any and all rights, title and interest in and to the Data, including all copies, modifications, extensions and derivative works thereof. However, if you have elected for Gebsun to host your Data, your access to such Data and continued use of the Services is contingent on payment of the Fees for your Subscription.
3.3 License: You grant Gebsun a limited license to copy, transmit, store and back-up or otherwise access the Data, as applicable, solely:
(a) to supply the Services to you (including to enable you and your Authorized Users to access and use the Services);
(b) to diagnose problems with the Services;
(c) to enhance and otherwise modify the Services;
(d) for Gebsun’s administrative, support and training purposes;
(e) to develop other services, provided Gebsun de-identifies the Data; and
(f) as reasonably required to perform Gebsun’s obligations under this Agreement.
4. Gebsun’s Intellectual Property
4.1 Regardless of anything to the contrary in this Agreement or elsewhere, Gebsun may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Services, in an aggregated and anonymised format (Analytics). You agree that Gebsun may make such Analytics publicly available, provided that the Analytics:
(a) do not contain identifying information; and
(b) are not compiled using a sample size small enough to make the underlying data identifiable.
4.2 All Intellectual Property developed, adapted, modified or created by Gebsun or its Personnel (including in connection with this Agreement, the Software and the Services) is and will remain owned exclusively by Gebsun or its third party service providers.
4.3 You must not, without Gebsun’s prior written consent:
(a) copy or use, in whole or in part, any of Gebsun’s Intellectual Property;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Gebsun’s Intellectual Property to any third party;
(c) reverse assemble, reverse engineer, reverse compile or enhance the Software;
(d) breach any Intellectual Property rights connected with the Software or the Services, including altering or modifying any of Gebsun’s Intellectual Property;
(e) create derivative works from any of Gebsun’s Intellectual Property;
(f) resell, assign, transfer, distribute, publish or make available the Services to third parties (except as permitted under this Agreement);
(g) alter, remove or tamper with any trademarks, any patent or copyright notices, any confidentiality legend or notice, any numbers or any other means of identification used on or in relation to the Services or Software.
4.4 Gebsun and/or its licensors own all right, title and interest in and to the Analytics and all related software, technology, documentation and content provided in connection with the Analytics, including all Intellectual Property rights in the foregoing.
4.5 You and each Authorized User acknowledge that, as the Services interoperate with Atlassian products and other third party products whether integrated by Gebsun or otherwise permitted by you, GEbsun may allow Atlassian and the relevant third party to access any inputted Data as required for the interoperation of such products with the Software. Gebsun is not responsible for any disclosure, modification or deletion of Data resulting from any such access by third-party application providers.
5. Acceptance
5.1 You warrant that by accessing (including by installing) and/or using the Services:
(a) you have reviewed this Agreement, including the Atlassian Marketplace Terms of Use, available at: https://www.atlassian.com/licensing/marketplace/termsofuse, as updated or amended from time to time (Atlassian Marketplace Terms of Use) and Gebsun’s Website Terms of Use and Privacy Policy and any Gebsun policies (with your parent or legal guardian if you are under 18 years of age), available on Gebsun’s website (Site) and you accept them;
5.2 You accept this Agreement by:
(a) confirming by email that you accept the Terms
(b) clicking the “I accept” button or equivalent on Gebsun’s Atlassian Marketplace portal when subscribing to or purchasing the Services; or
(c) you have authority to act on behalf of any person or entity for whom you are using the Services, and you are deemed to have agreed to this Agreement on behalf of any entity for whom you are using the Services; and
(d) you have all hardware, software, software licenses and services which are necessary to access and use the Services; and you agree to use the Services in accordance with this Agreement.
(e) you have the legal capacity to enter into a legally binding agreement;
5.3 As Gebsun is a vendors or publishers in the Atlassian Marketplace, this Agreement is a ‘Publisher EULA’ or ‘Vendor EULA’ as defined in the Atlassian Marketplace Terms of Use and related Atlassian terms and conditions (collectively referred to as Atlassian Terms) also govern your access to the Atlassian Marketplace and this Software. You will not be able to use the Services if you do not agree to the applicable Atlassian Terms and have access to the applicable Atlassian product.
5.4 You agree that the Services will only be used by users who are your employees, contractors or authorized agents acting in the ordinary course of business, directly working for or managed by you and who you permit to use the Services (Authorized Users). You must ensure that each Authorized User using or accessing the Services does so in accordance with the terms of this Agreement.
5.5 The supply of the Services relies on products and services supplied by third parties including third party infrastructure and services or products provided by Atlassian. Where any third party terms apply, Gebsun will use reasonable endeavours to notify you of such terms via the Services.
6. Software, Services and Access to Software
6.1 Depending on your chosen method of accessing the Software, you and Authorized Users may: access and use the Services via a web-browser; or download and install the Software on any computer, mobile, tablet or other device compatible with the Software (Device). Gebsun recommends you and Authorized Users access the Services using the recommended browsers or Device as notified to you from time to time.
6.2 Subject to your agreement to the terms of this Agreement and, if applicable, the payment of fees for access to the Services, Gebsun grants to you and each Authorized User a non-sublicenseable, non-exclusive, non-transferable and revocable license to access and use the Software and content provided via the Services in accordance with the intended purpose of the Software.
6.3 To access and permit Authorized Users to access the Services, you must:
(a) subscribe to the Services (Subscription) for a period of time as set out on the Order (Subscription Period); and
(b) pay the applicable fees for the Services (Fees), which may be based on the number of Authorized Users you select as being able to access the Services and the method you choose for accessing the Software.
(c) submit an order to Atlassian or its authorized reseller (Order) and identify details including name, contact details and other related information as reasonably required (User Information) to enable Gebsun to supply you with access to the Software;
7. Payment
7.1 You agree to pay the applicable Fees in advance directly to Atlassian as required to enable you and your Authorized Users to access and use the Software. Payment of such fees will be in accordance with the applicable Atlassian Terms.Gebsun’s pricing structure or payment methods may be amended from time to time at its sole discretion.
8. Termination and Cancellation
8.1 You may terminate your Account and/or your access to the Services at any time via your Atlassian product or, where the Software is stored on your Device or server, by not paying the applicable Fees.
8.2 It is your responsibility to retrieve all necessary Data from your Account prior to termination.
8.3 To the extent permitted by law, Gebsun may suspend your access to the Software and/or terminate this Agreement immediately by notice if:
(a) Gebsun suspects that you are attempting to reverse engineer the Software;
(b) you store an excessive amount of Data, as determined by Gebsun, or create an excessive load on any of Gebsun’s servers and you fail to remove such Data promptly upon Gebsun’s request;
(c) you no longer have a valid support entitlement and support entitlement number, as defined in the applicable Atlassian Terms;
(d) you breach this Agreement and such breach is incapable of remedy, or you fail to remedy such breach within 5 business days of Gebsun giving you written notice to do so;
(e) you do not make payment prior to or on the applicable payment due date;
(f) Gebsun is no longer a Vendor in the Atlassian Marketplace as defined in the applicable Atlassian Terms;
(g) as a result of an event outside Gebsun’s control, Gebsun is unable to supply the Services in accordance with this Agreement.
(h) Gebsun considers that a request for Services is unlawful; or
8.4 On termination of this Agreement:
(a) you must cease using the Services and Gebsun will cease to provide the Services;
(b) you agree that any payments, including Fees, made are not refundable to you;
(c) in accordance with clauses 8.3f and 8.3g, you will be refunded on a pro-rata basis the Fees you have paid in advance for Services not provided as at the date of termination; and
(d) you agree to promptly return (where possible) or delete or destroy (where not possible to return), Gebsun’s Confidential Information and Intellectual Property, and/or documents containing or relating to Gebsun’s Confidential Information and Intellectual Property.
8.5 On termination of this Agreement, Gebsun may retain your documents (including copies) as required by law or regulatory requirements. Your acceptance of this Agreement constitutes your authority for Gebsun to retain or destroy documents in accordance with applicable statutory periods, or on termination of this Agreement.
8.6 The accrued rights, obligations and remedies of the Parties are not affected by the termination of this Agreement. This clause will survive termination or expiry of this Agreement.
9. Your obligations
9.1 You warrant that all information including User Information provided to Gebsun is true, accurate and complete.
9.2 You acknowledge and agree that you are responsible for how Authorized Users use the Services and that:
(a) if there is any unauthorized use of your passwords or any other breach of security, you will immediately notify Gebsun of such activity;
(b) you use and each Authorized User uses the Services at its own risk;
(c) the Services will only be used for your or the Authorized User’s own lawful personal or business purposes in accordance with this Agreement and any applicable Atlassian Terms;
(d) all usernames and passwords required to access the Services are kept secure and confidential;
(e) it is your responsibility to determine that the Services meet your and each Authorized User’s needs and are suitable for the purposes for which the Services are used;
(f) you are responsible for obtaining any consents, licenses, permits and permissions from other parties as required for the Services to be provided, at your cost, and for providing Gebsun with the necessary consents, licenses and permissions; and the reliability and availability of the Services is dependent upon factors including but not limited to: your or each Authorized User’s device and operating system; internet connection and choice of web-browser and you should consider the potential for disruption or other difficulties that may affect your use of the Services.
9.3 You may use the Software on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to you.
9.4 You remain solely responsible for complying with all applicable laws. It is your responsibility to ensure that the storage of and access to your Data via the Software complies with laws which are applicable to you, including any laws requiring you to retain records of your Data.
9.5 You acknowledge and agree that each Authorized User:
(a) will keep all usernames and passwords required to access the Services secure and confidential.
(b) is authorized to use the Services and to access any Data, User Information or other information they input into the Software or provide to Gebsun as required for the Services; and other than as set out in this Agreement, Gebsun is not responsible to any person or entity other than you and nothing in this Agreement confers, or purports to confer, a benefit on any other person or entity. You agree that:
(a) if you use the Services on behalf of or for the benefit of any third party:
(i) you are responsible for ensuring that you have the right to do so;
(ii) Gebsun does not warrant the fitness for purpose or suitability of the Software for such third party’s purposes and third parties may not rely on Gebsun for any purpose;
(b) you are responsible for authorising any person who is given access to your Data, and you agree that Gebsun has no obligation to provide any person or entity with access to such Data without authorisation from you and may refer any requests for access to the Data to you to address; and you will indemnify Gebsun, on first demand, against any and all claims, expenses, liabilities or losses arising out of or in connection with Gebsun’s refusal to provide any persons with access to your Data in accordance with this Agreement and Gebsun making Data available to any person with authorisation from you.
9.6 You and each Authorized User must have safeguards and back up processes in place to recover from any failures or loss of Data which might occur whilst using the Services and protect the confidentiality of your and Authorized Users’ Data with suitable management procedures, as you see fit.
10. Prohibited Use
10.1 You acknowledge and agree that you and each Authorized User will not:
(a) attempt to gain unauthorized access to any materials, other than those to which you have been given express permission to access, or to the computer system on which the Software is executed or Services provided; and transmit or input into the Software any files that may damage any other person’s Devices or software, content that may be offensive or material or Data in violation of any law (including any content protected by copyright or trade secrets which you do not have the right to use).
(b) use the Services in any manner that is illegal or violates any applicable law or regulation;
(c) attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Software;
(d) attempt to circumvent or disable the Software or any technology features or measures in the Software by any means or in any manner;
(e) use the Site or Services in any manner to aid in the violation of any third party Intellectual Property, including but not limited to another’s copyrights, trade secrets and patents;
(f) take any action that interferes in any manner with Gebsun’s rights with respect to the Site or Services;
(g) use, or misuse, the Site or Services in any way which may impair the functionality of the Site or Services or other systems used to deliver the Software or impair the ability of any other user to use the Site or Services;
(h) attempt to undermine the security or integrity of Gebsun’s computing systems or where the Software, Site or any and all part of the Services is hosted by a third party, that third party’s computing systems and networks;
10.2 Title, ownership rights and Intellectual Property rights in and to any content displayed on the Site or Services, or accessed through the Site or Services, are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives you no rights to such content.
You acknowledge that any breaches of this clause may lead to the termination of this Agreement.
11. Availability of Cloud Based Services
11.1 If your Gebsun software is a cloud-based product, whilst Gebsun intends that access to the Software should be available on a full-time basis, it is possible that the Software is unavailable to due to maintenance or other development activity. Gebsun does not provide any guarantee on uptime and availability of the Software. Where possible, Gebsun will provide notice to you and Authorized Users of any maintenance or development activity in advance via email.
12. Updates and availability of Services
12.1 Gebsun may issue updates to the Services (Updates) from time to time for the duration of this Agreement. Unless otherwise agreed between the Parties whether as part of the Atlassian Marketplace or otherwise, Gebsun has no obligation to provide you with any support for Updates.
12.2 If the Software is installed on your Device or server, you must access the Site to download any available Updates. By installing the Software, you agree to automatically request and receive Updates from Gebsun or third-party servers. You consent to such automatic updating, and agree that the terms and conditions of this Agreement will apply to all such Updates.
12.3 Gebsun may choose to modify or discontinue the Services, including any portions of the Services as Gebsun updates its offerings and adds more features. Gebsun may stop, suspend or modify the Services at any time with notice to you.
13.Dispute of Resolution and Feedback
13.1 If there is a dispute between the Parties in relation to this Agreement, the Parties agree to the following dispute resolution procedure:
(a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
(b) If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Association of Polish lawyers to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith to seek to resolve the dispute.
13.2 Your feedback is important to Gebsun. Gebsun seeks to resolve your concerns quickly and effectively. If you have any feedback or questions about the Services, please contact us at support@gebsun.com
13.3 Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under this Agreement, by law or in equity.
14. Disclaimers and Limitation of Liability
14.1 Gebsun’s liability for the Services provided to consumers is solely governed by the PCL to the extent applicable and this Agreement. To the extent Statutory Rights apply and notwithstanding any provision of this Agreement, Gebsun limits its liability pursuant to such provisions: for any goods, to the replacement, repair or refund of the cost of goods; or for any services, to the re-supply or the payment of the cost of having the services supplied again.
14.2 Certain legislation including the Polish Consumer Law (PCL) or similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by Gebsun to you which cannot be excluded, restricted or modified. If applicable, this Agreement must be read subject to such legislation and nothing in this Agreement removes the applicable Statutory Rights.
14.3 To the fullest extent permitted by applicable law, the Services and all material or work are provided to you without warranties of any kind, either express or implied, and Gebsun disclaims all warranties, without limitation: any implied warranties of merchantability; fitness for a particular purpose; that the Services will be delivered without interruption; or that the Services will be free of viruses, bugs or other harmful components or defects or that such defects will be corrected from the Services.
14.4 You acknowledge that whilst Gebsun will take reasonable steps to ensure that the Services will be fit for the advertised purposes, Gebsun gives no guarantees that:
(a) the Site or Services can be executed on every operating system, as it is impossible to test each variant.
(b) the Services will meet your requirements as the functionality of the Software is dependent upon factors including but not limited to configuration with the end user‘s system and availability of third party products or services;
(c) the Site or Services will work in each of your desired use case scenarios; or
14.5 The Services use third party hosting services which are provided without any sort of warranties, and Gebsun cannot ensure that these third party hosting services are provided free of defect or without interruption.
14.6 Gebsun does not warrant that use of the Site or Services will be uninterrupted or error free. The operation of the Site or Services is dependent on public telephone services, computer networks and the internet, which can be unpredictable and may from time to time interfere with the use of the Services. Gebsun accepts no responsibility for any such interference or prevention of your or an Authorized User’s use of the Services.
14.7 You acknowledge and agree that while the information and materials provided on or via the Site or Services or otherwise provided to you by Gebsun is provided in good faith on an “as is” basis, Gebsun and its directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy, currency or completeness of the information in such materials or information generally contained or produced via the Site or Services. You are solely responsible for (and where applicable you must ensure each Authorized User understands they are responsible for) determining the suitability of any Services and you rely on and information provided to you through the Site or Services at your own risk.
14.8 Gebsun makes no representations regarding, and accepts no responsibility for, the suitability, accuracy or legality of any forms or results produced by the Services. Further, Gebsun assumes no obligation to notify you of any changes in the suitability, accuracy or legality of the forms or results produced by the Services including but not limited to the accuracy of financial projections and modelling.
14.9 All risk arising out of the use or performance of the Services remains with you. You agree that the use of the Services, material or data downloaded or otherwise obtained through the use of the Services, is at your own discretion and risk and that you will be solely responsible for any infections, contaminations or damage to your computer, system or network. Gebsun is not responsible or liable for delays, inaccuracies, errors or omissions arising out of your use of the Services, any third party software or operating system.
14.10 You acknowledge that Gebsun may pursue any available equitable or other remedy against you as a result of your failure to ensure that each and every Authorized User complies with all provisions of this Agreement.
14.11 In no event will Gebsun or its licensors be liable for any consequential, incidental, indirect, special, punitive or other damages whatsoever arising out of this Agreement or the interruption to, use of or inability to use the Services, even if Gebsun has been advised of the possibility of such damages.
14.12 Gebsun or its licensors’ liability for breach of any of its obligations under this Agreement for the Services, or breach of any warranty implied by law, will be limited, to the extent permitted by law, to the total Fees paid to access and use the Services in the 12 months preceding the date which liability arose. The foregoing limitations, exclusions and disclaimers will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
15. Indemnity
15.1 You will be liable for and agree to indemnify, defend and hold Gebsun harmless from and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
(a) any breach of law, regulation or license by you or an Authorized User; and any claim brought by a third party including any Authorized User against a Party arising out of or in connection with: your or an Authorized User’s use of the Site or Services; or your Data.
(b) any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
(c) any misuse of the Services, from or by you, your employees, contractors or agents or an Authorized User; any breach of this Agreement by you or an Authorized User;
15.2 You agree to co-operate with Gebsun (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Site or Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given to Gebsun.
15.3 The obligations under this clause will survive termination of this Agreement.
16. Variation of Rights or Waiver
16.1 A Party is not liable to any other Party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right.
16.2 Any failure or delay by a Party in exercising a power or right (either wholly or partially) in relation to this Agreement does not operate as a waiver or prevent that Party from exercising that power or right or any other power or right.
17. US Government Users
If you and your Authorized Users are U.S. Government end users, Gebsun is providing the Services to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights granted to you by Gebsun for the Services are the same as the rights Gebsun customarily grant to others under this Agreement.
18. Notice
18.1 Any notice required or permitted to be given to Gebsun under this Agreement must be addressed to Gebsun using the contact details at the end of this Agreement.
18.2 Any notice required or permitted to be given to you under this Agreement will be addressed to you at the email address provided by you on the Order.
19. Relationship of Parties
Neither Party is authorized to bind the other Party in any way without the prior written consent of the other Party. The Parties acknowledge and agree that they will not seek to bind the other Party other than with the prior written consent of the other Party.
20. Third Parties Rights
Any person or entity who is not a party to this Agreement has no right to benefit under or to enforce any of the terms of this Agreement.
21. Assignment
This Agreement is personal to you. You must not assign or deal with the whole or any part of your rights and/or obligations under this Agreement without the prior written consent of Gebsun. Any purported dealing in breach of this clause is of no effect.
22. GDPR (General Data Protection Regulation)
22.1 The General Data Protection Regulation 2016/679 (GDPR) is a lwa of European Union on data protection and privacy for individuals located within the European Union and the European Economic Area. You may need to comply with the GDPR; for further information you should review Atlassian’s FAQs on GDPR compliance and seek your own professional advice, where necessary.
22.2 You acknowledge and agree that in collecting, holding and processing Company Personal Data through the Services, Gebsun is acting as the data processor (as defined in the GDPR) for the purposes of the GDPR. You must obtain all necessary consents from the relevant individual to enable Gebsun to collect, use, hold and process Company Personal Data in accordance with this Agreement and, if applicable, the Privacy Policy.
22.3 If the processing, by us, of any of the personal data of, or relating to, your Authorized Users, or customers or clients (Company Personal Data) is governed by the GDPR, the additional terms of Gebsun’s Privacy Policy (PP) apply and form part of this Agreement. The PP is publicly available on the Site.
22.4 You warrant that by accessing (including by installing) and/or using the Services, you have reviewed the Privacy Policy and you accept it.
23. Poers, Rights, Remedies, Consents and Approvals
Except as expressly stated to the contrary in this Agreement, the powers, rights and/or remedies of a Party under this Agreement are cumulative and are in addition to any other powers, rights and remedies of that Party. Nothing in this Agreement merges, extinguishes, postpones, lessens or otherwise prejudicially affects any power, right, or remedy that a Party may have at any time against the other Party to this Agreement or any other person.
Where this Agreement provides that a Party may conditionally or unconditionally give or withhold any consent or approval in relation to any matter in this Agreement, that Party may in its absolute discretion, and without being obliged to give reasons for doing so, withhold any consent or approval or give consent or approval conditionally or unconditionally.
24. Further Assistance
Gebsun and you must in a timely manner and from time to time do all things reasonably required of it by another Party to give effect to this Agreement.
25. Amendment and Enforceability
Gebsun may, at its discretion, vary this Agreement and will use reasonable endeavours to notify you of these changes by, for example, publishing varied terms on the Site, sending an email to the billing or technical contact you designate in the applicable Order, posting on the Gebsun blog or on the Atlassian Marketplace. If you object to any revisions, you may cancel or choose not to renew your subscription. Your continued use of the Services following any changes indicates your acceptance of the changes.
If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.
26. Understanding and Entire Agreement
26.1 The date of this Agreement is the date that this Agreement is accepted by you.
26.2 In respect of the subject matter of this Agreement:
(a) this Agreement contains the entire understanding between the Parties; and
(b) all previous oral and written communications, representations, warranties or commitments are superseded by this Agreement and do not affect the interpretation or meaning of this Agreement.
27. Governing Law and Jurisdiction
This Agreement and the use of the Services is governed by the laws of Polish Consumer Law. Gebsun makes no representation that the Services comply with the laws (including intellectual property laws) of any country outside of Poland. If you access the Services from outside Poland, you do so at your own risk and are responsible for complying with the laws in the place you access the Services.
28. Force Majeure
The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, national emergencies, insurrections, riots, wars, strikes, lock-outs and work stoppages. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either Party’s reasonable control (Force Majeure), and if the Party unable to carry out its obligations gives the other Party prompt written notice of such event, then the obligations of the Party invoking this provision shall be suspended to the extent necessary by such event. The excused Party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a Party if committed, omitted, or caused by such Party or its employees, officers, agents or affiliates.
For any questions or notice, please contact Gebsun at:
Gebsun (TAX-ID: PL5571007699)
Email: support@gebsun.com
Last update: 05 March 2019
