This Agreement is between you and Requirement Yogi. If you are agreeing to this Agreement not as an individual but on behalf of your company, then "Customer" or "you" means your company, and you are binding your company to this Agreement.
By using or accessing the products, you indicate your assent to be bound by this Agreement.
This Agreement governs your use of online services provided by Requirement Yogi.
In the case where a product, service, software or the whole company is transferred to a third party (whether it is sold, leased, inherited or given), all your obligations described in this Agreement are extended to the third party, known in this Agreement as "Future Owner".
Requirement Yogi relies on Atlassian's rules and policies about pricing, evaluation periods, agreements.
This Agreement governs all online services made available by Requirement Yogi, including but not limited to:
Requirement Yogi (Cloud): A tool to manage requirements in Confluence Cloud,
Requirement Yogi for Jira (Cloud): A tool to link Jira issues to requirements (cloud version).
3. Account registration
You may need to register for an account in order to use the services. Sometimes, the registration is performed on your behalf by other products. These products inform you about this Agreement.
Requirement Yogi may modify this Agreement from time to time, subject to the terms below. After a change, by your continued use of the service after a period of 1 month, you indicate your assent to be bound by the updated Agreement.
Subject to the terms and conditions of this Agreement, Requirement Yogi grants you a non-exclusive right to access and use the services during the Duration (as defined below).
You must ensure that all credentials to online services are kept strictly confidential and aren't shared with any unauthorized person. You agree to immediately notify Requirement Yogi of any unauthorized disclosure of information or any unauthorized use of those credentials.
7. Availability and Quality of Service
Requirement Yogi does its best to ensure the best quality of service for its customers. This includes the monitoring of services, backups, regular tests, and communication with customers. However, due to the number of parameters and aleas which could alter this services, Requirement Yogi makes no representation about the quality of those services. In particular, when the software uses, requires or depends on third party programs or services, Requirement Yogi or any Future Owner cannot be held liable for any failure or limitation of those services.
In particular, Atlassian, Digital Ocean, Amazon, OVH or an Internet provider or any third party, may suspend, stop delivering or fail at delivering their services, temporarily or permanently, whether it is a consequence or not of a breach or termination of a license, law or agreement by either party. When it causes an impact on Requirement Yogi's service quality, performance or data, Requirement Yogi cannot be held liable of direct or indirect consequences. Requirement Yogi cannot be held liable of direct of indirect consequences when providers, software or hardware fail.
Requirement Yogi implements security procedures as defined in our Security Policy. However, you understand that use of the services necessarily involves transmission of your data over networks that are not owned, operated or controlled by us, and we are not responsible for any of your data lost, altered, intercepted or stored across such networks. We cannot guarantee that our 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 our security measures or those of our third party service providers.
Access to the service is provided from the creation of your account until its suspension or termination, depending on the availability of the service.
You must ensure that your use of our services and all your data is at all times compliant with our Acceptable Use and all applicable local, state, federal and international laws and regulations. Requirement Yogi assumes no responsibility or liability for your data, and you shall be solely responsible for your data and the consequences of using, disclosing, storing and transmitting your data. You will defend, indemnify and hold harmless Requirement Yogi (or any Future Owner) from and against any loss, cost, liability or damage, including attorney's fees, for which Requirement Yogi (or a Future Owner) becomes liable to, resulting from your negligence of the current Agreement.
11. Acceptable Use
The acceptable use of the services is generally defined as the use which does not alter the service for other customers. An infringement of law, a use in a way which wasn't intended by Requirement Yogi, a use in a way which alters other people's privacy are all against the acceptable use policy. You will not submit "Sensitive Data" to the services, as defined as:
(i) any personally identifiable information (except as necessary for the establishment of your account),
(ii) any patient, medical or other protected health information,
(iii) any pornographic material,
(iii) any other information subject to regulation or protection under specific laws.
In case a user uses the software against the Acceptable Use, the agreement may be terminated by Requirement Yogi. There is no liability for any damage resulting of the termination of this Agreement. There is no liability for any direct or indirect damage resulting of the use or incapacity to use the service or products.
The termination of this Agreement implies that you are not allowed to use the products anymore. You will not be entitled to any credit or refund as a result of termination. Requirement Yogi has no obligation to monitor any content uploaded to the services. Nonetheless, if we deem your use is not in agreement with our Acceptable Use, we may remove your data from our services and/or suspend your access to the services. We will generally alert you when we take such action and give you a reasonable opportunity to cure your breach, depending on our evaluation of the situation.
In case of termination of this Agreement, the clauses 10, 12, 14, 18, 19, 20, 21, 22, 23, remains enforceable.
Except as otherwise expressly permitted in this Agreement, you will not (a) rent, lease, or incorporate any Product into a product or service you provide to a third party, (b) interfere with any license key mechanism or authentication mechanism in the Products or otherwise circumvent mechanisms in the Products intended to limit your use, (c) reverse engineer, disassemble, decompile, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to any Product, except as permitted by law, (d) publicly disseminate information regarding the performance of the Products.
14. Support, Documentation and Maintenance
Requirement Yogi provides support, documentation and maintenance for its service during the period for which you have paid the applicable fee. While attempting to deliver the best of its value, Requirement Yogi makes no representation of the schedule, accuracy and fitness of the maintenance, documentation and support for your particular situation. No information given on the websites, documentation or through electronic channels is contractual unless explicitly specified.
15. Intellectual Property
Copyright (c) 2012, Requirement Yogi, All rights reserved.
The user-generated content is owned by the user who created or uploaded the content.
Neither the name of Requirement Yogi, or Play SQL, or the names of its contributors, may be used to endorse or promote products derived from this software without specific prior written permission. By accepting this Agreement, you agree that Requirement Yogi is a trademark of Requirement Yogi. You will only use Requirement Yogi's marks in connection with your use of the service and, unless you are otherwise authorized to continue using the marks pursuant to a separate written agreement, you will immediately cease all use of the marks. Marks means the trademarks, trade names, service marks, logos, owned or otherwise used by Requirement Yogi.
17. Warranty and Disclaimer
THERE IS NO WARRANTY FOR ANY PRODUCT, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, RELATED TO YOUR DATA AND SYSTEMS.
As a clarification, you are not responsible for the cost of all necessary servicing, repair or correction, related to our programs and systems.
18. Limitation of Liability
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19. Interpretation of clauses "17. Warranty and Disclaimer" and "18. Limitation of liability"
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Products or Services, unless a warranty or assumption of liability accompanies a copy of the Product or Services in return for a fee.
20. Jurisdiction and General Provisions
This Agreement is governed by the laws of France, and, subject to the following sentence, the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Nice, France. Except in circumstances where a party seeks urgent injunctive relief, before commencing any court proceedings, if any dispute arises under this Agreement the parties will negotiate in good faith to resolve the dispute. If there are several possible interpretations for any part of text of the agreement or in case the agreement isn't specific about some situation or may lead to responsibility on the side of Requirement Yogi or its partners, you must request a binding decision from Requirement Yogi. This decision will become part of this agreement. In the event that a clause or part of a clause of the agreement would be considered void or invalid, the other clauses still apply.
Any notice under this Agreement must be given in writing. We may provide notice to you via email or through your account. Our notices to you will be deemed given upon the first business day after we send it. You may provide notice to Requirement Yogi by post to "Requirement Yogi, 535 route des Lucioles, Les Aqueducs B3, 06560 Sophia Antipolis, France". Your notices to us will be deemed given upon our receipt. Neither party shall be liable to the other for any delay or failure to perform any obligation if the delay or failure is due to unforeseen events which are beyond the reasonable control of any party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, death, failure or power or telecommunication services, or refusal of a license by a government agency.
This Agreement may not be modified or amended by you without our written agreement (which may be withheld in our complete discretion without any requirement to provide any explanation).
Third-Party Copyright and Licenses for Requirement Yogi Cloud
Requirement Yogi Cloud includes the modules developed by third parties.
The list can be found in the About page of your Confluence or Jira instance (The URL is /plugins/servlet/ac/com.playsql.requirementyogi/about).