Community Questions for Confluence (hereinafter as the “Application”) is a cloud-based browser application designed to be integrated with Atlassian’s Confluence Cloud software.
The formula of these terms and conditions assumes the establishment of general principles and conditions of use of the Application. In the event of a decision by the user to use the Application, these terms and conditions govern in particular the rules of use of the Application, including the matter of our liability.
1) ABOUT US
- The owner of Community Questions for Confluence is Łukasz Wiatrak Firnity (address: ul. Słomiana 24/20, 30-316 Kraków), having an e-mail address: email@example.com (hereinafter referred to as the “Service Provider”).
- Side by side with the Service Provider, Atlassian shall appear - the developer of Confluence Cloud software, which is required to use the Service Provider’s Application. Atlassian is run by the Australian company Atlassian Pty Ltd. (registered office address: Level 6, 341 George Street Sydney, NSW 2000 Australia) entered in the Australian Business Register (ABN) under the number: ABN 53 102 443 916, which is a separate third party operating independently of the Service Provider (hereinafter referred to as: “Atlassian”).
- The terms used in this document have the following meanings:
- APPLICATION - interactive software with elements that are not a computer program within the meaning of copyright law, but constitute its integral part, operating in the cloud, enabling the User to use its functionality via a web browser under the conditions specified in these Terms and Conditions.
- ATLASSIAN - Atlassian Pty Ltd. (registered office: Level 6, 341 George Street Sydney, NSW 2000 Australia), entered into the Australian Business Register (ABN) under the number: ABN 53 102 443 916.
- ATLASSIAN MARKETPLACE - a sales platform offering plug-ins, applications and scripts designed for integration with Atlassian software, available at the following website: https://marketplace.atlassian.com.
- DOCUMENTATION - a description of functionalities, possibilities, principles of operation, services and other elements of the Application available on the Application’s website on the Atlassian Marketplace.
- TERMS AND CONDITIONS - these terms and conditions of the Application together with attachments constituting their integral part, available at the following website: https://questions-answers-community.com/docs/terms-of-use.
- USER - (1) a natural person with full legal capacity, and in cases provided for by the generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law vests with a legal capacity; - using or intending to use the Application.
- SERVICE PROVIDER - Łukasz Wiatrak Firnity (address: ul. Słomiana 24/20, 30-316 Kraków), having an e-mail address: firstname.lastname@example.org.
3) GENERAL TERMS AND CONDITIONS OF USE OF THE APPLICATION
- Any User may use the Application on the terms specified in the Terms and Conditions. A detailed description of the Application’s functionalities and principles of its functioning is available in the messages, guidelines and information displayed when using the Application, as well as in the Documentation available on the Atlassian Marketplace.
- The User, when deciding to use the Application for the first time, is bound by the Service Provider by a contract for the provision of services in the use of the Application on the terms set out in these Terms and Conditions.
- The Application was created and made available by the Service Provider with a view to extend the functionalities of the software created by Atlassian - Confluence Cloud. When making a voluntary decision to use the Application, the User agrees that the Application’s functionalities involve interference with the Confluence Cloud software, which consists in the possibility of downloading and modifying his information and data contained in Confluence Cloud on behalf of the User.
- The User is obliged to use the Application in accordance with its purpose, these Terms and Conditions, Documentation and in a manner consistent with the law and morality, considering the respect for the personal rights, copyrights and intellectual property of the Service Provider, other Users and third parties. The user is obliged to enter data consistent with the facts. The User is prohibited from providing unlawful content via the Application.
- The Application is available for purchase exclusively via Atlassian Marketplace.
- Starting using the Application is conditioned upon prior purchase as well as installation and correct integration of the Application with the Confluence Cloud software pursuant to the Documentation and the terms and conditions of Atlassian Marketplace.
- The costs of data transmission during using the Application shall be borne by the User on his own on the basis of a contract concluded with an entity providing such services.
- Accessing the Application is in principle paid in accordance with the terms set out on the Application’s website on the Atlassian Marketplace. Using the Application is possible for an indefinite period in the subscription model, with the proviso that Atlassian Marketplace may also provide for a trial period during which the use of the Application is free of charge. All payments for subscription to the Application are made solely through the Atlassian Marketplace and in accordance with the payment methods and terms applicable on the Atlassian Marketplace.
- The User may at any time and without giving a reason stop using the Application by uninstalling it himself from Confluence Cloud, with the proviso that it does not entitle the User to receive a refund of fee for unused access to the Application nor does it release him from the obligation to pay for the subscription period already started, unless the provisions of the Atlassian Marketplace terms and conditions provide otherwise (which does not limit the statutory right to withdraw from a contract by a consumer, as referred to in point 10 of the Terms and Conditions).
- By installing the Application in Confluence Cloud, the User automatically grants access to the Application to all persons who are authorized to use the same Confluence Cloud installation together with the User (e.g. associates, employees, contractors). Access to the Application is limited to the number of people who meet the conditions of the subscription purchased by the User. If the Application is used by the persons referred to in the preceding sentence, the User is responsible for all actions and omissions of these persons as for their own actions and omissions. The User, by granting other persons access to the Application, is obliged to bind such persons with these Terms and Conditions and ensure that they comply with these Terms and Conditions.
- The Service Provider reserves the right to suspend the User’s possibility to use the Application if the User, despite a request from the Service Provider stating a reason:
- violates these Terms and Conditions by unlawful use of the Application (in particular by violating the license conditions indicated in point 9 of the Terms and Conditions);
- violates the reputation of the Service Provider or this of his Application;
- is in arrears with any payments to the Service Provider.
- The suspension of the User’s right to use the Application may take place for a definite period indicated by the Service Provider or an indefinite period - during which it is not possible to use the Application. During suspension of the use of the Application, the User is obliged to take measures to remove the reasons for its suspension, and after their removal is obliged to immediately inform the Service Provider thereof. The Service Provider unblocks the Application immediately after the reason for its suspension has ceased to exist, but no later than within 10 calendar days.
- The Service Provider, in the event of suspension of the use of the Application by the User for more than 30 calendar days and the lack of cessation of the reasons for its suspension, has the right to terminate the agreement on the use of the Application with immediate effect.
- The Service Provider, despite of right to suspend the use of the Application for the User, has the right to terminate the contract for the use of the Application without reason with a 7-day notice period given to a User who is not a consumer.
5) LIABILITY OF THE SERVICE PROVIDER
- The Service Provider makes every effort to ensure that the use of the Application is understandable and transparent for Users, however, it cannot guarantee that the User will be able to operate the Application on his own or that it will prove useful in achieving the goals expected by the User. The Service Provider provides the Application in the form in which it was delivered and does not make any implied or expressed assurances as to its usefulness for specific applications, which does not exclude or limit the Service Provider’s liability towards the consumer for improper performance of the service provided for by mandatory provisions of law.
- The Service Provider informs that the use of the Application is associated with risk. The basic threat to every user of computer software, including software operating in the cloud and using an Internet connection similarly to the Service Provider’s Application, is the possibility of “infecting” the ICT system by various types of software created mainly to cause damage, in particular computer viruses such as “worms” or “Trojan horses”. To avoid the risks associated herewith, it is recommended that the User provides his device that he uses to run the Application with an anti-virus program and constantly update it, as well as install the latest versions of the Application, Confluence Cloud software from Atlassian and the operating system of his end device.
- Any statements and comments posted by Users in the Application contain their own opinions and do not constitute the opinion of the Service Provider. The Service Provider does not supervise the content published and sent by the User in the Application. The Service Provider complies with Art. 14 para. 1 of the Polish Act on the provision of electronic services of 18th July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended), according to which: whoever is providing access to the resources of the ICT system for the purpose of storing data by the recipient of the services is not liable for stored data if he does not know about the unlawful nature of the data or related activities, and in the event of receiving an official notification or obtaining reliable information about the unlawful nature of the data or related activities thereto will immediately prevent access to such data.
6) CONTACT WITH THE SERVICE PROVIDER
- The main means of standard communication at a distance with the Service Provider is electronic mail (e-mail address: email@example.com), through which information about the use of the Application can be exchanged with the Service Provider regarding the use of the Application and obtain technical assistance in the field of the functioning of the Application.
- Due to the international nature of the Application, the Service Provider recommends Users who wish to contact him to formulate all reports and statements in English - this will facilitate and accelerate the receipt of a response from the Service Provider.
7) COMPLAINTS CONCERNING THE APPLICATION
- The basis and scope of the Service Provider’s liability for the operation of the Application towards the User are defined by the generally applicable law, in particular the Polish Civil Code of April 23rd, 1964 (Journal of Laws No. 16, item 93, as amended). Complaints related to the functioning of the Application may be submitted by the User, for example, by e-mail (e-mail address: firstname.lastname@example.org).
- The Service Provider’s liability for the operation of the Application shall be without prejudice to Atlassian’s liability in terms of the distribution of the Application and reimbursement of subscription payments, which is subject to separate provisions of the Atlassian Marketplace terms and conditions available at the following website: https://www.atlassian.com/licensing/marketplace/termsofuse.
- The Service Provider recommends providing in the complaint the following description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of irregularities; (2) the User’s claims; and (3) contact details of the person submitting the complaint - this will facilitate and accelerate the handling of the complaint by the Service Provider. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended information but may affect the final decision of the Service Provider regarding the assessment of the User’s claim.
- The Service Provider shall respond to the complaint without undue delay, no later than within 30 calendar days from the date of its submission.
8) TECHNICAL BREAKS AND ERRORS
- The Service Provider makes every effort to ensure the proper and uninterrupted operation of the Application. Due to the complexity and elaborateness of the Application, as well as due to external factors beyond the control of the Service Provider (e.g. DDOS attacks - distributed denial of service), it is possible, however, for errors and technical failures to prevent or limit the functioning of the Application in any way. In this case, the Service Provider will take all possible and reasonable measures to ensure the reduction of the negative effects of such events to the extent possible.
- In addition to breaks caused by errors and technical failures, there may also be other technical breaks during which the Service Provider undertakes actions aimed at developing and maintaining the Application and its protection against technical errors and failures.
- The Service Provider plans technical breaks in such a way that they are the least burdensome for the Users, in particular that they are planned for night hours and only for the time imperative to carry out the necessary actions by the Service Provider.
- The Service Provider shall not be liable to the User for damages and failure to fulfill obligations arising from any technical errors and failures as well as technical breaks referred to in this section of the Terms and Conditions.
- The hereby section of the Terms and Conditions does not exclude or limit the consumer’s rights provided for by law, in particular regarding the Service Provider’s liability for performance of the service.
9) LICENSE TO USE THE APPLICATION
- Copyrights and intellectual property rights to the Application as a whole and its individual elements, including content, graphics, works, designs and signs available within it belong to the Service Provider or other authorized third parties, whose consent the Service Provider possesses and are protected by the Polish Act of February 4th, 1994 on copyright and related rights (Journal of Laws 1994 No. 24, item 83, as amended) and other provisions of generally applicable law. The protection granted to the Application covers all forms of its expression. Some elements of the Application, the copyrights to which are vested in third parties in relation to the Service Provider, may have separate license conditions which the User is obliged to read and observe them when using the Application.
- The Application should be treated like any other work that is subject to copyright protection. The User has no right to copy the Application, except for cases permitted by the provisions of mandatory law. The User also undertakes not to modify, adapt, translate, decode, decompile, disassemble or in any other way try to establish the source code of the Application, except for cases permitted by the provisions of mandatory law.
- The User using the Application does not own any copyright to the Application. The User is only granted – under the conditions set out in the Terms and Conditions – an inalienable, non-transferable (including without the right to sub-license), valid worldwide and non-exclusive license entitling him to use the Application in a manner consistent with its purpose, with these Terms and Conditions and in a manner consistent with the law and decency, considering the respect for personal rights, personal data as well as copyrights and intellectual property of the Service Provider, other Users as well as persons and third parties.
- Under the license granted, the User is entitled to benefit from the Application by installing it and using it simultaneously as part of one Confluence Cloud installation, including its use and display to the extent necessary to use the Application in accordance with its purpose and only for his personal, non-commercial use, and in the case of Users who are not consumers - also for the purposes of the User’s business or professional activity. All rights other than those expressly granted to the User are reserved, in particular, the User is not entitled to (1) distribute the Application, including the sale, rental and lending of the Application or its copy; (2) sub-licensing of the Application (including granting other persons access to use the Application, subject to point 4.7 of the Terms and Conditions); (3) placing the Application on the market, including lending or renting; and (4) interfering with the source code and structure of the Application (including developing the Application and disseminating, sub-licensing or marketing these studies).
- The license is granted at the time of conclusion of the contract for the use of the Application and for the period of its validity. If the free trial period or the purchased subscription period has expired, the condition for the extension of the agreement for the use of the Application and the hereby license is to purchase the subscription again in accordance with the rules applicable in the Atlassian Marketplace.
- Trademarks of the Service Provider and of the third parties shall be used in accordance with applicable law.
10) CONSUMER’S RIGHT TO WITHDRAW FROM THE AGREEMENT
- This section of the Terms and Conditions applies only to Users who are consumers and who conclude agreements with the Service Provider for the provision of services for remuneration.
- A consumer is not entitled to withdraw from a distance contract, i.a. in relation to contracts: (1) for the provision of services, if the Service Provider has fully performed the service with the express consent of the consumer who was informed prior to commencement of the service that once the Service Provider has fulfilled the service, he shall lose the right to withdraw from the contract; and (2) for the supply of digital content that is not stored on a tangible medium, if the performance of the service began with the express consent of the consumer prior to the deadline to withdraw from the contract and after being informed by the Service Provider of the loss of the right to withdraw from the contract.
- Subject to point 10.2 of the Terms and Conditions, a consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, subject to the costs referred to in the next sentence. In the case of a contract for the provision of services, the performance of which - at the express request of the consumer - began before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after making such a request, is required to pay for services fulfilled until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service rendered, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
- To meet the deadline for withdrawing from the contract, it is sufficient to send a statement before its expiry. The User may also use the model withdrawal form, which constitutes Annex 2 to the Polish Act of 30th May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), but it is not mandatory.
- The deadline for withdrawing from the contract for the provision of services runs from the date of the contract conclusion.
11) EXTRAJUDICIAL WAYS OF RESOLVING COMPLAINTS
- This section of the Terms and Conditions applies only to Users who are consumers.
- Detailed information on the possibility for the consumer to use extrajudicial means of resolving complaints and seeking claims as well as the principles of access to these procedures are available at the headquarters and on the websites of relevant governmental institutions and social organizations responsible for protecting the rights and interests of consumers in each country.
- The Service Provider states that in the territory of the Republic of Poland consumers can search for information on possible extrajudicial complaint resolving methods and seeking claims at the headquarters and on websites, i.a. poviat (municipal) consumer ombudsmen, Voivodship Inspectorates of Trade Inspection and the Office for Competition and Consumer Protection (http://www.uokik.gov.pl/spory_konsumenckie.php and http://www.uokik.gov.pl/wazne_adresy.php).
- At http://ec.europa.eu/consumers/odr you may find a platform available for online dispute resolution between consumers and entrepreneurs at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract.
12) ADDITIONAL PROVISIONS CONCERNING ENTREPRENEURS
- The following additional contractual provisions apply only to entrepreneurs and other Users who do not act as consumers in the Application (i.e. who use the Application in connection with their business or professional activity).
- The Service Provider has the right to withdraw from the agreement concluded with the User who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the agreement in this case may occur without giving a reason and does not give rise to any claims on the part of the User against the Service Provider.
- The Service Provider does not guarantee to the User who is not a consumer that the Application is error-free or that the User who is not a consumer will be able to operate the Application without problems and disruptions. Moreover, due to the continuous development of new techniques of breaking into and attacking the Internet network, the Service Provider does not guarantee that the Application will be free from vulnerability to hacking or attacks.
- The Service Provider is not obliged to verify the reliability, correctness and truthfulness of the content entered by the User who is not a consumer as part of the Application and the manner of using the Application and its functionalities. The User uses the Application, including introducing content into it and using its functionalities, at his own risk. However, the Service Provider is entitled at any time to take steps to verify the truthfulness, reliability and accuracy of the information provided by the User. In terms of verification, the Service Provider is entitled, among others to request from a User who is not a consumer to send a scan of the certificates, attestations or other documents necessary for verification. For the time of the verification referred to in the preceding sentence, the Service Provider is entitled to suspend the User’s right to use the Application.
- The Service Provider shall not be liable to the Customer who is not a consumer for damages and failure to fulfill obligations resulting from force majeure events (e.g. hacking attacks, natural disasters, epidemics, riots, wars) or any other reasons beyond the control of the Service Provider.
- The Service Provider shall be liable to the User who is not a consumer, regardless of its legal basis, only up to the amount of fees paid to the Service Provider by the Customer for using the Application for the period of the last three months. The Service Provider is liable to the User who is not a consumer only for typical and actually incurred damages foreseeable at the time of concluding the agreement for the use of the Application, excluding lost profits.
- All disputes arising between the Service Provider and the User who is not a consumer shall be subject to the court competent for the Service Provider’s place of residence.
13) FINAL PROVISIONS
- Contracts concluded on the basis of these Terms and Conditions are concluded in English language.
- The Service Provider reserves the right to amend the Terms and Conditions for important reasons, that is: changes in law; changes of the Service Provider’s data; changes in the license conditions; changes in the functionalities provided as part of the Application - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
- In the case of continuous contracts concluded under these Terms and Conditions, the amended Terms and Conditions shall bind the User if the User has been properly notified of the changes and has not terminated the contract within 14 calendar days of the date of notification. In the event that a change in the Terms and Conditions results in the introduction of any new fees or increase in existing fees, the consumer has the right to withdraw from the contract.
- In the event of conclusion of contracts other than continuous contracts on the basis of these Terms and Conditions, amendments to the Terms and Conditions will not in any way affect the User’s acquired rights before the date of entry into force of such amendments to the Terms and Conditions, in particular no changes to the Terms and Conditions shall affect already concluded, implemented or executed contracts.
- In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code of April 23rd, 1964 (Journal of Laws No. 16, item 93, as amended), the Act of May 30th, 2014 on consumer rights (Journal of Laws 2014 item 827, as amended), the Act on the provision of services by electronic means of July 18th, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended) and other relevant provisions of generally applicable law.
- These Terms and Conditions do not exclude the provisions in force in the country of habitual residence of the consumer concluding the contract with the Service Provider, which cannot be excluded by contract. In this case, the Service Provider guarantees the consumer protection granted to him on the basis of provisions that cannot be excluded by contract.
Thank you for careful reading!
Should you have any questions, we are always at your disposal.
We invite you to use the application,
the owner of the Community Questions for Confluence