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Capacity Compass

Capacity Compass Terms of Use

Effective date: [TO COMPLETE: effective date]

These terms are an agreement between Trisolas Inc. ("Trisolas", "we", "us") and the organization that installs or uses Capacity Compass ("Customer", "you"). They govern your use of the Capacity Compass app for Jira Cloud (the "App"). These are the end user terms for the App's Atlassian Marketplace listing.

By installing, enabling or using the App, you agree to these terms on behalf of your organization, and you confirm that you have authority to do so. If you do not agree, do not install or use the App.

1. The App and Atlassian

1.1. The App is a capacity-planning app for Jira Cloud, built on Atlassian Forge and distributed through the Atlassian Marketplace.

1.2. Atlassian is not a party to these terms. Your use of Jira and of the Atlassian Marketplace is governed by your agreements with Atlassian, including the Atlassian Marketplace Terms of Use. If these terms conflict with Atlassian's terms on ordering, billing, trials or refunds through the Marketplace, Atlassian's terms apply to those matters.

1.3. The App depends on Jira, Forge and other Atlassian services that we do not control. We are not responsible for their availability, changes, or for Atlassian's handling of data.

1.4. Business use only. The App is provided only to businesses, public bodies and other organizations for their professional purposes. It is not offered to consumers, and you confirm that you are not acquiring it as a consumer.

2. Licence

2.1. Subject to these terms, we grant you a non-exclusive, non-transferable, non-sublicensable licence to use the App on the Jira Cloud sites where it is installed, for your internal business purposes, while you have an active trial, free tier or paid subscription.

2.2. Your users may use the App on your behalf. You are responsible for their use of it and for their compliance with these terms.

2.3. You must not, and must not allow anyone to:

  • copy, modify or create derivative works of the App, except as allowed by law;
  • reverse engineer, decompile or attempt to extract the App's source code, except as allowed by law;
  • resell, sublicense, rent or provide the App to third parties as a service;
  • circumvent licence checks, permissions or technical limits;
  • use the App to break the law or infringe anyone's rights;
  • interfere with the App, Jira or Atlassian's services, or test their security without our written permission. Security research following the reporting instructions in section 14 is welcome.

2.4. We and our licensors own the App and all intellectual property in it. We reserve all rights not expressly granted.

3. Subscriptions, trials and fees

3.1. Buying through the Marketplace. Subscriptions to the App are sold through the Atlassian Marketplace. Atlassian handles ordering, invoicing, payment, taxes and billing periods under its own terms.

3.2. Prices and free tier. Prices, user tiers and any free tier are those shown in the App's Marketplace listing when you subscribe or renew. The number of users you are billed for is set by Atlassian's licensing rules for Marketplace apps, which generally follow the user tier of your Jira site rather than the number of people who open the App. If your site moves into a paid tier, Atlassian bills the App at that tier's price.

3.3. Free trials. You can try the App free of charge for the trial period Atlassian offers for Marketplace apps, currently 30 days. When the trial ends, it becomes a paid subscription only if you, or your Atlassian billing settings, choose to continue. Otherwise the App stops working.

3.4. Price changes. We will announce price increases at least 30 days in advance in the Marketplace listing or by email. An increase applies from your next billing period after the notice period ends, and you may cancel before then by uninstalling the App.

3.5. Refunds. Refunds for purchases through the Marketplace are issued by Atlassian under the Atlassian Marketplace Terms of Use. At the time of writing, Atlassian refunds an initial order that you cancel within 30 days, excluding renewals and upgrades. Section 7.3 covers refunds if we stop offering the App.

3.6. When a subscription is not active. If your trial ends or your subscription lapses or is cancelled, the App stops working on that site. The App's stored data stays in your installation until you uninstall the App, so it becomes available again if you resubscribe.

4. Free use, trials and beta features

4.1. This section applies to use of the App during a free trial, under a free tier, and to any feature we label as beta, preview or experimental ("Free Use").

4.2. Free Use is provided "as is". We give no warranty, indemnity, support commitment or service level for Free Use.

4.3. To the maximum extent permitted by law, our total liability arising out of Free Use is limited to USD 100.

4.4. We may change or end a free tier, or change or remove a beta feature, at any time. If we end a free tier that you are using, we will give at least 30 days' notice, and you may uninstall the App before any charge applies.

5. Your data

5.1. Ownership. You keep all rights in the data you and your users enter into the App or that the App reads from your Jira site ("Customer Data"). You grant us only the rights needed to provide and support the App.

5.2. Where it lives. The App stores Customer Data in Forge-hosted storage within Atlassian's infrastructure. We keep no copy of it on our own systems. The Capacity Compass Privacy Policy describes what the App reads, stores and logs, and forms part of these terms.

5.3. Roles. For personal data in Customer Data, you are the controller and we act as your processor. We process it only to provide, support and secure the App, and in line with your instructions as given through your use and configuration of the App.

5.4. Your responsibilities. You are responsible for:

  • having a lawful basis, and giving any notices required, to process your team members' data in the App, including where employment law or works-council agreements apply;
  • the content your users enter, including free-text names and notes;
  • managing who can access your Jira projects and on which boards the App is available, because anyone who can open the App in a project can create and change plans for the boards available there;
  • deciding how long to keep plans and deleting those you no longer need.

5.5. Intended use. The App is designed for capacity planning. It is not designed or intended for evaluating, ranking or making employment decisions about individuals. If you use it for that, you do so at your own risk and responsibility.

5.6. No export or separate backup. The App does not currently let you export its data, and we keep no backup of it outside Atlassian's platform. Jira remains the record of your issues, sprints and logged time, which the App never changes. Plans, capacity figures, activities and sprint snapshots exist only in the App. If you want to keep them, record them another way before you delete them or uninstall the App.

5.7. Uninstalling. When you uninstall the App, Atlassian deletes the App's stored data after a short retention period, as described in the Privacy Policy.

6. Data processing terms

This section applies where we process personal data in Customer Data as your processor, and serves as the data processing agreement required by Article 28 of the GDPR and similar laws. The subject matter, nature, purpose, types of personal data and categories of data subjects (your Jira users and the team members added to plans) are described in the Privacy Policy. Processing lasts for as long as the App is installed, plus Atlassian's deletion period after uninstall.

When acting as your processor, we will:

  • process personal data only on your documented instructions, which are these terms and your use and configuration of the App, unless the law requires otherwise, in which case we will tell you unless the law prohibits it;
  • make sure anyone at Trisolas authorized to process it is bound by confidentiality;
  • maintain appropriate technical and organizational security measures, as described in the Privacy Policy;
  • use Atlassian, as the Forge platform provider, as our only sub-processor for Customer Data. You authorize this. We will give notice in the Marketplace listing or by email before adding or replacing a sub-processor, and you may object by uninstalling the App;
  • help you, taking into account the nature of the processing, respond to requests from individuals exercising their rights, and meet your obligations on security, breach notification, impact assessments and consultation with authorities;
  • notify you without undue delay after becoming aware of a personal data breach affecting Customer Data;
  • have Customer Data deleted at the end of the service, which happens through uninstalling the App as described in section 5.7;
  • make available the information reasonably needed to show compliance with this section, and allow for and contribute to audits by you or your appointed auditor on reasonable notice. Atlassian's own reports cover the Forge infrastructure.

Customer Data stays in Atlassian's infrastructure. Where Atlassian transfers it internationally, it does so under its agreement with you.

7. Support and changes

7.1. We provide support by email at support@trisolas.com on a reasonable-efforts basis. We do not guarantee response or resolution times unless we agree them in writing.

7.2. We may update the App, including adding, changing or removing features. Updates are delivered through the Atlassian Marketplace. If a change needs new Jira permissions, Jira will ask your administrator to approve it before it takes effect.

7.3. If we stop offering the App. We may stop offering the App, or end these terms for our convenience, by giving at least 60 days' notice through the Marketplace listing or by email. In that case:

  • monthly subscriptions will not be renewed after the notice period ends; and
  • for any period you have already paid for that falls after the App stops working, we will refund the unused part pro rata, through the Atlassian Marketplace where it supports this, or directly otherwise.

The same refund applies if we must end the App for reasons outside your control, such as a change in Atlassian's platform or in the law. No refund is due when we end your access under section 10.3 because of your breach.

8. Publicity

We may name you as a customer, using your organization's name and logo, on our website and in our marketing materials. To opt out, email support@trisolas.com. We will stop new uses within 30 days, but we are not required to withdraw materials already published or distributed.

9. Feedback

If you send us suggestions or feedback, we may use them without restriction or obligation to you.

10. Term and termination

10.1. These terms apply from when you first install or use the App until you uninstall it or your subscription ends.

10.2. You may stop using the App at any time by uninstalling it. Cancelling a subscription is done through the Atlassian Marketplace and is subject to section 3.5.

10.3. We may suspend or end your access if you materially breach these terms and do not fix the breach within 30 days of notice, or immediately where needed to prevent harm to you, other customers, Atlassian or us, or to comply with law.

10.4. Sections 2.4, 5, 6, 9, 11, 12, 13 and 15, and any obligation to pay fees already due, continue after these terms end.

11. Disclaimer

11.1. The App helps you plan. Its figures depend on the data in your Jira site and the settings you choose, and they are estimates. You remain responsible for your planning decisions.

11.2. To the maximum extent permitted by law, the App is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, or that the App will be uninterrupted or error-free.

12. Indemnities

12.1. Our indemnity. We will defend you against any claim brought by a third party alleging that the App, as we provide it and when used in accordance with these terms, infringes that third party's copyright, trademark or trade secret, and we will pay the damages and costs finally awarded against you, or agreed by us in a settlement, for that claim.

12.2. Exclusions. Section 12.1 does not apply to claims arising from:

  • Customer Data, or other content or instructions you or your users provide;
  • changes to the App not made by us;
  • combining the App with products, services or data not provided by us, other than the Atlassian products the App is designed to work with, where the claim would not have arisen without the combination;
  • use of the App in breach of these terms, or continued use after we have told you to stop because of a claim;
  • Free Use under section 4.

12.3. Our options. If the App is, or we reasonably believe it is likely to be, the subject of an infringement claim, we may at our choice and cost:

  • modify the App so that it no longer infringes, without materially reducing its functionality;
  • obtain the right for you to keep using it; or
  • if neither is reasonably possible, end your subscription and refund the fees you prepaid for the unused part of your subscription.

This section 12 states our entire liability, and your only remedy, for third-party infringement claims.

12.4. Your indemnity. You will defend us against any claim brought by a third party arising from (a) Customer Data, including a claim that you did not have the right or lawful basis to process it in the App, (b) your or your users' breach of section 2.3, or (c) your use of the App in breach of applicable law, including data protection and employment law. You will pay the damages and costs finally awarded against us, or agreed by you in a settlement, for that claim.

12.5. Process. The party seeking protection must notify the other party promptly in writing of the claim, let the other party control the defence and settlement, and give reasonable help at the other party's cost. A delay in notice only removes protection to the extent it causes prejudice. Neither party may settle a claim in a way that admits fault by, or imposes obligations on, the other party without that party's written consent.

13. Limitation of liability

13.1. To the maximum extent permitted by law, neither party is liable to the other for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, however caused, even if advised of the possibility.

13.2. To the maximum extent permitted by law, each party's total liability arising out of or relating to these terms, including under section 12.1, is limited to the greater of (a) the amounts you paid for the App in the 12 months before the event giving rise to the claim, and (b) USD 100. Section 4.3 applies instead to Free Use.

13.3. Section 13.2 does not limit your obligation to pay fees due, your obligations under section 12.4, or your liability for breach of section 2.3.

13.4. Nothing in these terms limits liability that cannot be limited by law, including liability for fraud, or for death or personal injury caused by negligence.

14. Security reports

If you believe you have found a security vulnerability in the App, email security@trisolas.com with the details. Please give us reasonable time to fix it before disclosing it publicly, and do not access, change or delete data that is not yours while testing.

15. General

15.1. Governing law. These terms are governed by [TO COMPLETE: governing law, e.g. the laws of the State of Delaware], without regard to conflict-of-law rules. The courts of [TO COMPLETE: courts with jurisdiction, e.g. the state and federal courts of New Castle County, Delaware] have exclusive jurisdiction, except that either party may seek urgent injunctive relief in any competent court. The UN Convention on Contracts for the International Sale of Goods does not apply.

15.2. Changes to these terms. We may update these terms. We will publish the new version on this page with a new effective date. For material changes, we will give notice through the Marketplace listing or release notes at least 30 days before they apply, unless the change is required by law. Continuing to use the App after a change takes effect means you accept it.

15.3. Compliance. Each party will comply with export control and sanctions laws that apply to its use or provision of the App.

15.4. Assignment. You may not assign these terms without our consent, except to a successor of your business. We may assign them to an affiliate or to a successor of our business or of the App, and will tell you if we do.

15.5. Entire agreement. These terms, including the data processing terms in section 6 and the Privacy Policy, are the entire agreement about the App and replace earlier agreements on the subject. If a provision is unenforceable, the rest remains in effect. Failing to enforce a provision is not a waiver.

15.6. Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including outages of Atlassian services. This does not excuse payment obligations.

15.7. Notices. We may send notices to the contact details associated with your Marketplace account or by publishing them in the Marketplace listing. Send notices to us at support@trisolas.com.

Contact

Trisolas Inc.
Vancouver, British Columbia, Canada
support@trisolas.com