TERMS OF USE
1. Introduction & definitions
1.1. Definitions
1.1.1. Terms of Use: means these terms of use.
1.1.2. DPA: the agreement between Service Provider and User that outlines the conditions under which personal data is processed in connection with the Application, in compliance with the GDPR – available here.
1.1.3. Privacy Policy: the document that describes how Service Provider collects, uses, processes, and protects personal data of Users in connection with Application – available here.
1.1.4. Agreement: Terms of Use, together with the Data Processing Agreement (DPA) and Privacy Policy (and other related documents), which govern the relationship between Service Provider and User.
1.1.5. Application: “Community Questions for Confluence” application, a cloud‑based software solution developed by Service Provider to provide question‑and‑answer forum functionality inside Atlassian’s Confluence Cloud software, described in Section 2 of Terms of Use;
1.1.6. User: any business entity or organization that purchases, accesses, or uses Application for business purposes.
1.1.7. Personnel: affiliates of User to whom the User grants access to Application after its legal acquisition in accordance with Terms of Use. Specifically: employees and associates regardless of the type of agreement linking the associate to User, customers and other entities to whom User grants access to Application in accordance with Terms of Use.
1.1.8. User’s Client: User’s client, to whom User grants access to Application, and individuals on the User’s Microsoft Teams, Slack, or Google Chat workspaces or channels.
1.1.9. Service Provider: Łukasz Wiatrak, doing business as “Łukasz Wiatrak Firnity”, a sole proprietorship with its registered office at ul. Zamknięta 10, lok. 1.5, 30‑554 Kraków, Poland, having Tax Identification Number (NIP): 5130127144 and Statistical Number (REGON): 520124248, who owns and provides Application.
1.1.10. Atlassian: Atlassian Pty Ltd., an Australian company (ABN 53 102 443 916) that develops the Confluence Cloud software, with which Application integrates and Marketplace, where Application is available to purchase. The terms and conditions of Atlassian govern the use of Confluence Cloud and are separate from these Terms.
1.1.11. Confluence: application developed by Atlassian that enables collaborative content creation and knowledge management. When used in these Terms, Confluence refers to – depending on the context – Confluence’s services, applications, websites, and other products that may interact with Application.
1.1.12. Communication Tools: Microsoft Teams, Slack, Google Chat, and any e-mail service providers that receive notifications sent by Application (such as Gmail, Outlook, or other mail servers). When used in these Terms, Communication Tools refers to — depending on the context — those services, applications, websites, and other products that may interact with Application.
1.1.13. Marketplace: the Atlassian Marketplace, an online platform through which Application is offered for purchase and download. Marketplace terms and conditions apply to all transactions conducted through the platform.
1.1.14. Subscription: the arrangement under which User is granted access to Services – especially to Application functionality and the license – for a specified period, subject to the payment of fees as set out in Marketplace or in separate agreements.
1.1.15. Billing Period: monthly or annual period in which User pays Subscription fees in exchange for Subscription.
1.1.16. Personal Data: any information relating to an identified or identifiable natural person, as defined under GDPR, that is processed through Application in connection with User’s use of Application.
1.1.17. Services: Application and any related services provided by Service Provider, including especially support and feedback mechanisms.
1.1.18. GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
1.1.19. Customer Marks: any word mark, logo, trade name, service mark or other trademark owned or validly licensed by the User (or its ultimate parent company) that identifies the User’s business.
1.2. Purpose of Terms of Use
Terms of Use govern the access to and use of Application by Users. Application is developed and provided by Service Provider. All persons using Application must read Terms of Use available on the relevant website of Service Provider at any time, without payment of any fees. Terms of Use may also be downloaded and printed.
1.3. Acceptance of Terms of Use
By purchasing, accessing, or using Application, User agrees to be bound by Terms of Use. If User does not agree to Terms of Use, they must not use Application. User represents and warrants that they have the authority to bind their organization to Terms of Use. User is responsible for compliance with Terms of Use by Personnel and User’s Clients.
1.4. Scope and applicability
Terms of Use apply exclusively to Users purchasing or using Application for business purposes. If Application is purchased or used by an individual, they will be deemed to be acting on behalf of a business entity and will be subject to Terms of Use as a business User.
1.5. Complete Agreement and additional documents
Terms of Use, together with DPA and Privacy Policy (and annexes like the list of Sub‑Processors), constitute the entire Agreement between User and Service Provider with respect to the use of Application. These documents are incorporated into Agreement by reference and are available on Service Provider’s website.
The Marketing Reference Licence set out in Section 4.9 is deemed accepted upon the User clicking “Start free trial” or otherwise installing the Application.
1.6. Acceptance of other regulations
Before using Application, User must accept not only Terms of Use, but also the Atlassian regulations, especially “Marketplace Terms of Use”. User is responsible for compliance with those regulations by Personnel and User’s Clients.
2. Use of Application
2.1. Access to Application
2.1.1. Application is available to purchase and download only via Marketplace. Application is accessible without any territorial restrictions, although it requires reliable Internet connectivity and the ability to make payments in accordance with the policy and agreement between User and Atlassian as well as Marketplace rules and regulations. Service Provider is not liable for third‑party outages.
2.1.2. Application is available for a payment (Subscription requirement). Service Provider provides a free 30‑day trial period in accordance with Atlassian’s regulations and policies.
2.2. Who can use Application?
2.2.1. Application is available to business entities only. Individuals (non‑business individuals) cannot use Application as Users. User is entitled to grant access to Application to Personnel and User’s Clients. If an individual would like to purchase Application, they should contact Service Provider individually.
2.2.2. Application is not dedicated to consumers, individuals and natural persons who do not carry a business activity. According to Terms of Use Agreement can be concluded only between Service Provider and an entrepreneur within the meaning of Article 431 of the Polish Civil Code (pol: Kodeks Cywilny), who holds a tax number, in particular a company or a sole proprietor. By installing Application User represents that they are acting in a business capacity.
2.2.3. By using Application (concluding Agreement) User declares that User is at least 18 years old, have full legal capacity and authority to act on behalf of the entrepreneur described above.
2.2.4. Individuals may use Application only after User grants them access to Application after purchasing it according to Terms of Use. User can grant access to its Personnel or User’s Clients. The number of people it can grant access to depends on the scope of the Subscription that User has purchased. User agrees to implement and maintain reasonable security measures, such as strong passwords and two‑factor authentication where applicable. User must immediately notify Service Provider of any suspected or actual security breaches, unauthorized access, or misuse of Application.
2.2.5. Any individual purchasing or using Application (other than under the terms of Section 2.2.4.) will be deemed to be acting on behalf of a business entity.
2.3. Requirements for using Application
2.3.1. Using Application requires that User declares that they have read Terms of Use and DPA (along with related documents); acceptance follows the rules of Marketplace, i.e. by pressing the “Start free trial” or “Subscribe” button. User may not share Application with other parties than Personnel and User’s Clients, especially different business entities.
2.3.2. To use Application, User must have:
- an active Atlassian account,
- a valid subscription to Confluence Cloud,
- if the User intends to use notification integrations, a valid account and the necessary permissions in the relevant Communication Tools (Microsoft Teams, Slack, or Google Chat). Access to these third‑party services and applications is governed by their respective terms and conditions, and Service Provider does not supply these accounts or subscriptions.
2.3.3. In order to use Services, it is necessary to connect User’s device to the Internet. The costs of data transmission required for downloading, installing, launching and using Application are borne by User on their own under agreements concluded with telecommunications operators or other Internet providers. Service Provider will not be responsible for the amount of fees charged for the use of data transmission necessary to use Application.
2.3.4. User is responsible for ensuring that all data entered or managed through Application is accurate, lawful, and does not infringe on the rights of any third party. User will not use Application to upload or store any unlawful or unauthorized content.
2.3.5. Service Provider reserves the right to modify, update, or discontinue Application or any part of it at any time, with or without notice to User. Such changes may be necessary to improve performance, comply with legal requirements, or enhance security. User agrees that Service Provider will not be liable for any modification, suspension, or discontinuation of Application.
2.4. Scope of Services
As part of Agreement, Service Provider provides Services, primarily access to the functionality of Application and other related services.
2.4.1. Application features
Community Questions for Confluence offers the following key capabilities:
- Create and manage questions, answers, and threaded comments within Confluence spaces;
- Perform full‑text search and apply filters (date, votes, tags, status) to Q\&A content;
- Vote on questions and answers and designate a single accepted answer per question;
- Apply and manage tags (global or space‑specific) with administrative oversight;
- Award reputation points to recognise valuable contributors;
- Send optional real-time notifications about new or updated content to Communication Tools;
2.4.2. Other Services
Service Provider provides support and feedback services. For technical assistance or support, User or User’s authorized Personnel and User’s Clients may contact Service Provider by email at contact@firnity.com.
3. Terms and conditions of electronically provided services
3.1. Requirements to use Application
Application is available to all users of devices that allow the use of Confluence Cloud, Communication Tools, and Marketplace and that meet the technical requirements indicated below. Use of Application requires complying with Agreement and other relevant regulations (in particular Atlassian’s rules and regulations) to download it from Marketplace and operate it properly on the above device.
3.2. Technical requirements
To use Application effectively, the User’s device and environment should meet the following requirements:
- a device (computer, laptop, tablet, or smartphone) with stable Internet access, running a commonly used operating system (e.g., Windows, macOS, Linux, iOS, Android);
- minimum recommended screen resolution: 1280 × 720 pixels;
- an up-to-date web browser (MS Edge, Google Chrome, Mozilla Firefox, Safari, or Opera) with JavaScript enabled and cookies allowed (preferably not older than three major releases);
- access to Confluence Cloud, and—if notification integrations are used—access to the relevant Communication Tools with sufficient permissions to receive messages;
- an active e-mail account to receive notifications and support information;
- software capable of viewing the documentation supplied by Service Provider (e.g., a PDF reader).
3.3. Internet access
Application operates in on-line mode, i.e. when Internet access is enabled on User’s device. Service Provider does not guarantee the timeliness or correctness of any functionalities when Application is used in off-line mode.
3.4. Prohibited activities
In the use of Application it is prohibited for User to provide content of an unlawful nature, violate personal rights or copyrights of third parties, or breach applicable social norms and customs, including the rules of netiquette. In particular, it is prohibited to:
3.4.1. propagate totalitarian regimes, symbols associated with them, or incite hatred or the commission of a crime;
3.4.2. post vulgar content or content containing vulgarisms, or content generally considered offensive;
3.4.3. post and use the personal data or images of others without an appropriate legal basis;
3.4.4. provide malicious software;
3.4.5. post content that promotes the use of drugs or psychoactive substances, promotes alcohol abuse or gambling, or any otherwise prohibited behaviour;
3.4.6. engage in spamming or acts of unfair competition or unfair market practice;
3.4.7. post content that undermines the good name or reputation of Service Provider or third parties;
3.4.8. post links to sites or files containing the content indicated above; or
3.4.9. post content that violates intellectual property rights of third parties.
3.5. Prohibition of testing
It is not permitted to conduct penetration tests, security tests, security-breach attempts, or hacking activities in relation to Application.
3.6. User’s responsibility
User is responsible for any content posted by them, their Personnel, or their User’s Clients in Application.
3.7. Consequences of violations
If User violates any point of Terms of Use or generally applicable laws, Service Provider may take any action permitted by law, including restricting User’s ability to use Application and Services provided through it. If User posts content in Application that is prohibited by law or Terms of Use, Service Provider is entitled to remove such content and to terminate Agreement with immediate effect.
3.8. Notification of dangers
Service Provider hereby informs that the use of services provided electronically via the Internet involves risks. The main risk is the possibility of infecting the ICT system with so-called viruses, worms, or Trojan horses. To avoid these risks, it is recommended that Internet users install anti-virus software on their devices and keep it updated.
3.9. Separate regulation of additional services
Service Provider reserves the right to issue separate regulations for specific services distinct from Terms of Use.
3.10. User’s responsibility for compliance by Personnel and User’s Clients
User is responsible for compliance with the above regulations by Personnel and User’s Clients.
4. Licences and intellectual property rights
4.1. Licence
The Service Provider grants User a time-limited, non-exclusive, non-transferable, paid, worldwide licence to use Application under the conditions described below.
4.2. Fields of exploitation and purpose of licence
Service Provider grants User the licence for the following fields of exploitation:
4.2.1. reproduction of Application in the cache memory of the device enabling the use of Application;
4.2.2. use of Application by User to the extent specified in Terms of Use under the licence granted.
User is entitled to use Application in the above fields of exploitation only in order to:
4.2.3. use the functionality of Application in accordance with Terms of Use;
4.2.4. grant access to Application to Personnel and User’s Clients.
4.3. Use conditions and restrictions
4.3.1. User is obliged to use Application solely for the needs of its own organisation, only in accordance with its purpose and functionalities, and in a manner consistent with generally applicable law and good morals;
4.3.2. it is prohibited to use Application to commit any illegal activities;
4.3.3. Service Provider does not agree that User may make any changes, additions, adaptations or alterations to Application, further translations, reverse-engineering, de-compiling, disassembling or breaking the source code of Application. User is obliged not to perform actions aimed at creating computer programs based on Application with a similar purpose or function as Application;
4.3.4. Service Provider does not agree that User uses in relation to Application viruses or other code or instructions aimed at distorting, deleting, damaging or disassembling Application;
4.3.5. Service Provider does not agree that User may remove, cover or alter any copyright or other proprietary-rights notices contained in Application.
4.4. Duration of the licence
The licence is granted only for the duration of Agreement between the parties. The licence will terminate when Agreement ends pursuant to Section 8 of Terms of Use – in particular, when Subscription expires.
4.5. Licence payment
The licence fee is included in the Subscription fee.
4.6. Licence limitation
Service Provider grants this licence only to the extent necessary for the use of Application by User. The parties expressly agree to limit the scope of the licence to the minimum necessary to allow lawful use of Application in accordance with Terms of Use.
4.7. Service Provider’s intellectual-property rights
The content and structure of Application are protected by copyright. Reproduction of any data or information – in particular the source code of Application or the works placed in Application (including the text of Terms of Use, DPA and Privacy Policy) – in cases other than those expressly permitted by law or these Terms, without the consent of Service Provider, is prohibited. Any de-compilation, reverse-engineering or similar action to access or use the source code of Application is likewise prohibited.
It is also prohibited to use in any way Service Provider’s trademarks or other marks on Application. All trademarks, including the name and logo of Application, are subject to legal protection.
User will not, without the prior written consent of Service Provider or other competent entities, record, reproduce or distribute the intangible property referred to above, in whole or in part, by any means and in any form.
4.8. Liability for infringement
User is responsible for ensuring that Personnel and User’s Clients comply with this Section. For any violation, User is liable to Service Provider as if it had committed the breach itself.
4.9. Marketing Reference Licence
4.9.1. Licence grant. For the Term of the Agreement and for twenty-four (24) months thereafter, User grants Service Provider a worldwide, non-exclusive, royalty-free licence to use, reproduce and publicly display the Customer Marks solely for the purpose of identifying User as a customer of the Application in:
– Service Provider’s public website(s) and landing pages;
– slide decks, case studies, social-media posts and other non-paid marketing or investor material.
4.9.2. No endorsement implied. Use of the Customer Marks must not suggest that User endorses the Application or Service Provider beyond being a customer.
4.9.3. Opt-out / withdrawal. User may object to, or withdraw, this licence at any time by written notice. Service Provider will cease the challenged use within thirty (30) days of receiving the notice (or such shorter period as is commercially reasonable for online media).
4.9.4. Warranties. User represents that it owns, or otherwise has the right to licence, the Customer Marks and that Service Provider’s permitted use will not infringe the rights of any third party.
5. Payments
5.1. Subscription
Payment for the use of Services (in particular, access to Application) and the granting of a licence to use Application as described in Section 4 of Terms of Use is made by purchasing a Subscription. A monthly or annual Subscription is available. User is eligible for support and automatic version updates as long as the chosen Subscription is active.
When the Subscription renews each Billing Period, User is automatically billed for Application based on the number of Confluence Cloud licensed users on User’s site. Changing the number of users (scope of Subscription) for Personnel and User’s Clients is possible in the next unpaid Billing Period.
Subscriptions are sold by Atlassian through the Marketplace. Detailed rules for the purchase of Subscriptions are set forth in the regulations of Atlassian and Marketplace.
5.2. Scope of Subscription
As part of a Subscription, User receives access to Services. After purchasing a Subscription, User can grant access to Application to Personnel and User’s Clients. The number of accesses depends on the Subscription tier that User has purchased. Subscription tiers and details are described on the Application page in Marketplace. User can purchase from 1 to 50 000 accesses for Personnel or User’s Clients within a Subscription.
5.3. Purchase and payment for Subscription
User may purchase a monthly or annual Subscription. This means that User will be charged every Billing Period, respectively. The Subscription fee may include, but is not limited to, fees based on the number of accesses that User purchases or the duration of access. All fees are charged in accordance with the pricing and terms specified on Marketplace at the time of purchase or renewal. The current price list is available on the Application’s Marketplace page here. Application is a Paid-via-Atlassian App within the meaning of the Atlassian Marketplace Partner Agreement, which means that payment for the Subscription is made by User to Atlassian, not to Service Provider.
User agrees to comply with the payment terms and conditions of Marketplace, including those relating to payment methods, billing cycles, and the handling of payment information. Service Provider is not responsible for any errors or issues arising from the payment processing conducted by Marketplace. User agrees to provide accurate and complete payment information and to keep this information updated as necessary. All payments are due in advance and are non-refundable, except as explicitly provided in Terms of Use, Atlassian and Marketplace regulations or as required by applicable law.
5.4. Taxes and charges
The fees listed on Marketplace do not include any taxes, levies, or duties imposed by taxing authorities. User is responsible for paying all such taxes, including, but not limited to, any VAT, sales tax, or other taxes applicable to the purchase or use of Application. If Service Provider is required to collect such taxes from User, they will be added to the total cost and invoiced to User accordingly.
5.5. Discounts
The Service Provider may introduce discretionary discounts or promotional programs. Discounts may also be introduced by Atlassian in accordance with its regulations and policies. In particular, Atlassian may introduce discounts according to the rules described in Marketplace Discount Programs available here.
5.6. Details of payments
Payment details, Subscription terms, discounts and other information related to payment terms are available in the Pricing tab on the Application page in Marketplace. Payment terms are in accordance with Atlassian’s regulations. In the event of any discrepancy between these Terms of Use and Atlassian’s regulations regarding payment for access to Application, Atlassian’s regulations will prevail.
5.7. Fee changes
Service Provider reserves the right to change the fees for Application at any time. Any fee changes will be communicated to User through Marketplace or by other means and will take effect at the next Billing Period. Continued use of Application after a fee change constitutes acceptance of the new fees. If User does not agree to the change, User may terminate Agreement by cancelling the Subscription. Failure to cancel the Subscription within 14 days of notification of the change constitutes acceptance.
If pricing changes after User’s initial purchase, there is a 60-day grandfathering period during which User can renew based on the old pricing.
6. Liability
6.1. Limitation of Liability
To the maximum extent permitted by law, Service Provider’s total liability for any claims arising from the use of Application will not exceed the amount User paid for Application in the last 12 months. Service Provider is not responsible for indirect, incidental, or consequential damages (such as lost profits or data) even if Service Provider knew they might occur.
6.2. Exclusions of Liability
Service Provider is not liable for:
6.2.1. any issues, disruptions, or damages arising from third-party platforms, such as Atlassian Confluence Cloud or Communication Tools, or from any modifications made to Application by User;
6.2.2. possible damages and lost profits incurred by User caused directly or indirectly by the operation, non-operation, or malfunction of Application;
6.2.3. damages caused by User’s failure to comply with these Terms of Use or other applicable regulations (including Atlassian, Communication Tools, or Marketplace regulations) or by illegal use of Application or the device used;
6.2.4. any loss of data, unauthorised access, or damages resulting from User’s failure to implement appropriate security measures, such as strong passwords and access controls;
6.2.5. actions taken by User or the consequences of omissions in connection with information obtained through Application;
6.2.6. any damages resulting from User’s use of Application in violation of applicable laws or these Terms of Use;
6.2.7. interruptions in the operation of Application, whether caused by external factors or internal factors – in particular, technical problems on the part of Atlassian or Communication Tools;
6.2.8. non-performance or improper performance of services by telecommunications operators with whom User has entered into agreements;
6.2.9. non-functioning or improper operation of Application on a User device that does not meet the technical requirements;
6.2.10. interruptions in the operation of Application due to malfunctions caused by hardware, software, or telecommunications links (data-communications systems) whose maintenance is not the responsibility of Service Provider;
6.2.11. loss of data due to failure of equipment, IT services, or other circumstances beyond Service Provider’s control;
6.2.12. content and materials placed in Application, in particular of an advertising or marketing nature, not originating from Service Provider, including those related to third-party products and services;
6.2.13. infringement of the rights of third parties by User or persons using Application under User’s control;
6.2.14. all consequences resulting from interception of User’s access data to Application (e-mail, password) by a third party, where such interception occurred for reasons beyond Service Provider’s control.
6.3. Indemnification
User agrees to indemnify and hold harmless Service Provider, its affiliates, and their respective officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:
6.3.1. User’s use of Application;
6.3.2. violation of these Terms of Use or applicable laws;
6.3.3. infringement of any third-party rights, including intellectual-property and privacy rights;
6.3.4. any data or content provided by User through Application;
6.3.5. any claims, liabilities, or damages arising from data transfers to third-party services such as Atlassian Confluence Cloud or Communication Tools, including data breaches or unauthorised access by such platforms.
6.4. Force Majeure
Neither party will be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of war, terrorism, labour disputes, cyber-attacks, or regulatory changes. In such cases, the affected party will notify the other party as soon as reasonably practicable and use commercially reasonable efforts to resume performance.
6.5. No Warranty
Application is provided “as is” and “as available” without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Service Provider does not warrant that Application will be uninterrupted, error-free, or free of harmful components. User assumes all risks associated with the use of Application.
6.6. Third-Party Platforms and Data Transfers
By using Application, User acknowledges and accepts that personal data may be transferred between third-party platforms like Atlassian’s Confluence Cloud, Communication Tools, or others described on the list of Sub-Processors. Application facilitates the integration between these platforms, enabling the transfer, processing, and modification of data on behalf of User. This includes the possibility of sending data contained in Confluence Cloud to Communication Tools and vice versa.
User agrees that Application’s functionalities involve interaction with both Confluence Cloud and Communication Tools services, which may result in downloading, modifying, or processing information and data from these platforms on behalf of User.
Service Provider has no control over how such third-party platforms process, store, or secure this data after transfer. User assumes all risks associated with the transfer of data to these platforms and agrees that Service Provider is not responsible for any unauthorised access, misuse, or further processing conducted by these platforms.
7. Complaints
7.1. Right to make complaints
Users (or Personnel and User’s Clients acting on User’s behalf) may report any irregularities or complaints related to any function of Application to Service Provider’s e-mail address: contact@firnity.com or in hard copy to the Service Provider’s contact address: ul. Zamknięta 10, lok. 1.5, 30-554 Kraków, Poland.
7.2. Information required in the complaint
The complaint should include:
7.2.1. identification of the complainant, including the data necessary to identify User (in particular an e-mail address — do not send the password) and the User’s*Confluence Cloud site URL;
7.2.2. identification of the functionality to which the complaint relates and a comprehensive description of the irregularity.
7.3. Completion of the complaint
If the required information is missing, Service Provider may call on the complainant to complete it. During the complaint process, Service Provider may request additional explanations, documents, or verification of the event that is the subject of the complaint.
7.4. Complaint processing time
Complaints will be considered within 14 days from the date of receipt by Service Provider of a complaint containing all necessary data. Service Provider will promptly inform the complainant of the outcome by e-mail or another identical channel.
7.5. Application of the complaint procedure
This complaint procedure applies only to Application and not to related programmes and applications such as, in particular, Atlassian Marketplace, Confluence Cloud and Communication Tools.
8. Termination of Agreement
8.1. Types of termination of Agreement
Agreement may be terminated by:
- expiration,
- unilateral termination by Service Provider,
- unilateral termination by User, under the terms described below.
8.2. Expiration of Agreement
Agreement is terminated by expiration:
8.2.1. after User’s Subscription has expired;
8.2.2. if Atlassian removes Application from Marketplace;
8.2.3. if Atlassian no longer supports functionality of Confluence Cloud necessary for Application to function;
8.2.4. if any programme or application necessary to use Application (in particular Confluence Cloud) is no longer available for use;
8.2.5. if Marketplace is removed or is no longer supported by Atlassian.
8.3. Unilateral termination by Service Provider
The following actions will be considered a violation of Terms of Use and will constitute grounds for unilateral termination of Agreement by Service Provider:
8.3.1. violation of any of Atlassian’s rules and regulations, which User agreed to abide by when entering into Agreement (in particular Atlassian’s and Marketplace’s terms of use);
8.3.2. non-payment of the Subscription fee on the due date;
8.3.3. engaging in any activities by User (or Personnel or User’s Clients) that, in Service Provider’s sole discretion, may cause harm to Application, its users, or the reputation of Service Provider;
8.3.4. using Application by User (or Personnel or User’s Clients) to the extent inconsistent with the licence granted under Section 4;
8.3.5. compromising the security or integrity of Application or any associated services or programmes;
8.3.6. violating the intellectual-property rights of Service Provider or any third party;
8.3.7. involving illegal activities or misuse of Application;
8.3.8. violations of Section 3 of Terms of Use, in particular Section 3.4;
8.3.9. User’s failure to perform its duties as a personal-data controller under the DPA and GDPR which prevents Service Provider from implementing the DPA;
8.3.10. other far-reaching violations of Terms of Use (including other documents that form Agreement);
8.3.11. the expression of an objection by User (acting as Controller within the meaning of the DPA) to the information that the Processor provides under clause 5.4.1 of the DPA.
8.4. Unilateral termination by User
8.4.1. User is entitled to unilaterally terminate Agreement at any time by cancelling the Subscription. The terms and conditions of any refund of the Subscription fee during a Billing Period are set forth in Atlassian and Marketplace regulations. In the event of a discrepancy between these Terms and Atlassian or Marketplace regulations, Atlassian and Marketplace regulations will prevail.
8.4.2. Cancelling the Subscription will prevent any further Subscription renewals from being processed. User’s site will remain accessible until 15 days after the end of the current Billing Period, after which the site will be deactivated.
8.4.3. Access to Application will be deactivated 15 days after the end of the last paid Subscription period. Data for deactivated products will be retained for 15 days for trial sites or 60 days for paid Subscriptions after the end of the Subscription period. Following this deactivation period, product data will be permanently deleted and cannot be recovered.
8.4.4. Atlassian is responsible for any refund in the event of early cancellation of a Subscription, and refunds are made in accordance with Atlassian and Marketplace regulations and policies.
8.5. Right of entrepreneurs with consumer rights to withdraw within 14 days
A User who is an entrepreneur with consumer rights may withdraw from Agreement within 14 days of its conclusion. Withdrawal may be effected by submitting a written or e-mail declaration; to meet the deadline it is sufficient to send the declaration before the expiry of the 14-day period to the address of Service Provider.
8.6. Effects of termination of Agreement
8.6.1. In the event of termination of Agreement under Sections 8.2 or 8.3, Service Provider will terminate User’s access to Services (in particular access to Application) and delete User’s Subscription. In the case of termination under Section 8.2, the rules for any remaining payments during the Billing Period are determined by Atlassian and Marketplace regulations. In the case of termination under Section 8.3, no refund is due unless otherwise provided for in an agreement between User and Atlassian or in applicable Atlassian and Marketplace regulations.
8.6.2. Service Provider may, before terminating access, restrict User’s access to Services until the situation is clarified or may request that User cease the violations that constitute the basis for termination.
8.7. Form of termination
Either party may terminate Agreement by providing written or documentary notice (for example, e-mail) to the other party. For termination by User, notice may be given through Marketplace. For termination by Service Provider, notice may be given by e-mail to User’s registered e-mail address or by any other means reasonably calculated to provide notice. Notwithstanding this provision, cancellation of the Subscription by User will be deemed termination of Agreement under the terms described above.
9. Personal Data protection
9.1. Personal Data Protection – procedures and policies
The use of Application is subject to our Privacy Policy and data-protection practices, which are detailed in the following documents:
- Privacy Policy: this document explains how Service Provider collects, uses, processes, and safeguards Personal Data when using Application;
- Data Processing Agreement (DPA): if you are a business entity acting as a data controller under GDPR, this agreement outlines how we process Personal Data on your behalf, including data-retention periods, security measures, and your rights as data controller.
By using Application, User agrees to the terms outlined in these documents. For more detailed information, please refer to the Privacy Policy and DPA.
9.2. Data handling upon termination
In accordance with the DPA, Service Provider will, at User’s choice, either delete or return all Personal Data processed on behalf of User within thirty (30) days following the effective date of termination, unless retention is required by applicable law or for legitimate business purposes.
10. Final provisions
10.1. Survival of Terms
The following provisions will survive the termination of this Agreement: Section 6, Section 7, Section 9 and any other provisions that by their nature are intended to survive termination.
10.2. Applicable law
The law applicable to this Agreement is Polish law.
10.3. Court of competent jurisdiction
The Polish courts have jurisdiction over disputes arising under Agreement. The competent court for disputes arising from Agreement is the court with jurisdiction over Service Provider’s registered office.
10.4. Modification of Terms of Use
Any changes to Terms of Use will be made by posting the updated Terms of Use on Service Provider’s website and emailing notice and sending the new Terms of Use to User. User may not accept the changes and terminate Agreement under the terms described in Section 8. Failure to terminate Agreement within 14 days after the notice referred to above is deemed acceptance of the changes by User.
The above provision will also apply mutatis mutandis to the DPA, Privacy Policy, or other documents contained in Agreement, unless otherwise specified in those documents.
10.5. Notices
All notices or other communications required or permitted under Terms of Use should be delivered to Service Provider at contact@firnity.com or to User at the e-mail address provided in their Atlassian account. Notices sent by e-mail will be deemed received upon receipt, as verified by electronic confirmation.
10.6. Assignment
User may not assign or transfer any rights or obligations under Terms of Use, whether by operation of law or otherwise, without the prior written consent of Service Provider. Any attempt by User to assign or transfer the rights or obligations without such consent will be null and void.
10.7. Severability
If any provision of Terms of Use is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be deemed modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the relevant provision will be deemed deleted, and the remaining provisions of Terms of Use will remain in full force and effect.
10.8. Compliance with Atlassian regulations
Terms of Use is to be in compliance with Atlassian’s own regulations, in particular the regulations of the Marketplace. In case of disagreements between Terms of Use and those regulations that cannot be interpreted in a consensual manner, Atlassian’s regulations will prevail.
10.9. Applicability of Terms of Use
Terms of Use come into force 10.06.2025.
