Terms of Use
- Tobias Viehweger
Effective Starting Date: Jul 1, 2020
These Terms of Use are part of the agreement between Yasoon GmbH and its related entities (“yasoon”, “we”, “us” or “our”) and each visitor or registered user, as the case may be (each, a “user” or “you”) concerning the use of the our websites and add-ons, add-ins and apps (collectively, the “Service”). The other part of the agreement is the privacy notice. By using the Service, you agree to be bound by the Terms of Use (“Agreement”), whether or not you are a registered user. This Agreement sets out the legally binding terms for your access and use of the Service.
We may change this Agreement from time to time. If we make any changes, we will revise the “Effective Starting” date at the top of this Agreement and. It is your responsibility to periodically review these Terms of Use to stay informed of updates. Your continued use of the Service after any changes to this Agreement will constitute your acceptance of such modification.
1. Definitions
Yasoon Services & Websites: yasoon’s websites, including but not limited to:
yasoon.com
atlassianconnect.yasoon.com
office365.yasoon.com
yasoon.atlassian.net
and any related websites.
2. Ownership; Proprietary Rights
2.1. Yasoon owns the Service. You acknowledge that you do not acquire any ownership rights by using the Service.
2.2. Copyright. All content (including without limitation any source code, databases, functionality, software, pictures, logos, images, text) appearing on the Service is our property or the property of our licensors or suppliers and is protected by copyright law, in Germany and other countries. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means.
3. User age
3.1. You represent and warrant that you are not a minor in the jurisdiction in which you reside and that your use of the Service will not violate any applicable law or regulation. If you are a minor, your parent or legal guardian, as applicable, must expressly consent to your use of the Service.
4. Software
We may include software for use in connection with our services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software.
5. Fees and payment
5.1. You may be required to purchase or pay a fee to access some of our services. These purchases will, unless otherwise indicated, be handled by the Atlassian Marketplace. We may change prices at any time.
5.2. For all Atlassian Marketplace based transactions, the Atlassian Marketplace Terms of Use apply.
6. Contributions
6.1. Suggestions and Feedback. By submitting suggestions or other feedback regarding the Service, you agree that we can use such feedback for any purpose without compensation to you.
7. Third-party services & links
7.1. In order to provide you access and support for the Service, we may utilize third-party service providers. You agree that we can exchange information with our third-party services providers, under our Privacy Notice, as necessary to implement such features.
7.2. Links. We and/or third parties may provide links to other websites of possible interest to you. Because we have no control over unaffiliated websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that we 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 the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites. We reserve the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.
8. DISCLAIMERS
8.1. You expressly agree that use of the Service is at your sole risk. Neither yasoon, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Service will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the site, or as to the accuracy, reliability, completeness, correctness, timeliness or usefulness of any information, service, or product provided through the Service.
8.2. The Service is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these terms of service.
9. LIMITATION OF LIABILITY
9.1. In no event shall we, our officers, directors, employees, agents, sponsors, advertisers, affiliates, successors or assigns, be liable for (i) indirect, incidental, special, consequential or punitive damages arising out of the availability, use, reliance on, or inability to use the service, even if we or our agents shall have been advised of the possibility of such damages regardless of the form of action, whether in contract, tort, or otherwise; (ii) indirect, incidental, special, consequential or punitive damages arising out of your reliance on content (including without limitation any Submissions) obtained through the service or caused by the conduct of visitors to the service; or (iii) for any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the service. Under no circumstances will we be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
Our aggregate liability to you or any third party arising in connection with use of our service in any circumstance will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising.
9.2. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for indirect, incidental, special, consequential or punitive damages. Accordingly, some of the above limitations may not apply to you.
10. Indemnification
You agree to indemnify, defend and hold us, our affiliates, officers, directors and employees harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your use or misuse of the Service, or the uploading, posting, publishing, emailing, reproduction, distribution or transmission of any content or other materials by you or users authorized by you or any violation of this Agreement by you, or your violation of any law or the rights of a third party. You agree that under no circumstances will we be liable in any way for the accuracy, reliability, or quality of any Submission, and that you shall hold us harmless for (i) any errors or omissions in any Submission posted by you, or (ii) any loss or damage of any kind incurred as a result of the use of any Submission posted by you.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense.
11. Privacy
We are committed to safeguarding your privacy. The terms regulating the handling of personal information and other information about you are described in our Privacy Notice. By using the Service, you consent to the processing described therein.
12. Governing Law; Venue
This Agreement shall be governed by and interpreted following the laws of Germany, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. Yasoon GmbH and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Mannheim, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in Germany, or in the EU country in which you reside.
We control and operate the Service from Germany. We do not represent that the materials on the Service are appropriate or available for use outside of Germany. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Please note that your use of the Service may be subject to other local, state, national, and international laws.
13. Dispute resolution
13.1. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
13.2. Binding Arbitration. Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Mannheim, Germany. The language of the proceedings shall be German. Applicable rules of substantive law shall be the law of Germany.
13.3. Restrictions. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
13.4. Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
14. Corrections
There may be information on the Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time, without prior notice.
15. General
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by us, in our sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
16. Contact information
Yasoon provides the following contact information
Email: contact@yasoon.com
For written inquiries, you may contact us at:
Yasoon GmbH
Julius-Hatry-Str. 1
68163 Mannheim
Germany