1. Introduction
1.1 Purpose of the Terms
These Terms of Use (“Terms”) govern the access to and use of the Discord for Jira application (the “Application”) by business entities and organizations (“Users”). The Application is developed and provided by Łukasz Wiatrak Firnity, with its registered office at ul. Zamknięta 10, lok. 1.5, 30-554 Kraków, Poland (“Service Provider” or “Firnity”).
1.2 Acceptance of the Terms
By purchasing, accessing, or using the Application, the User agrees to be bound by these Terms. If the User does not agree to these Terms, they must not use the Application. The User represents and warrants that they have the authority to bind their organization to these Terms.
1.3 Scope and Applicability
These Terms apply exclusively to Users purchasing or using the Application for business purposes. If the 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 these Terms as a business User.
1.4 Incorporation of Additional Documents
These Terms, together with the Data Processing Agreement (DPA) and the Privacy Policy, constitute the entire agreement between the User and the Service Provider with respect to the use of the Application. These documents are incorporated into the Terms by reference and are available on the Service Provider’s website.
2. Definitions
For the purposes of these Terms, the following definitions shall apply:
- Agreement means these Terms of Use, together with the Data Processing Agreement (DPA) and the Privacy Policy, which govern the relationship between the Service Provider and the User.
- Application refers to the Discord for Jira application, a cloud-based software solution developed by the Service Provider to enable integration between Atlassian’s Jira Cloud software and the Discord platform.
- User means any business entity or organization that purchases, accesses, or uses the Application for business purposes. Any individual purchasing or using the Application will be deemed to be acting on behalf of a business entity.
- Service Provider refers to Łukasz Wiatrak Firnity, a sole proprietorship with its registered office at ul. Zamknięta 10, lok. 1.5, 30-554 Kraków, Poland, which owns and provides the Application.
- Atlassian means Atlassian Pty Ltd., an Australian company (ABN 53 102 443 916) that develops the Jira Cloud software, with which the Application integrates. The terms and conditions of Atlassian govern the use of Jira Cloud and are separate from these Terms.
- Discord means Discord Inc., its subsidiaries, and related companies. When used in these Terms, Discord Services refers to Discord’s services, applications, websites, and other products that may interact with the Application.
- Data Processing Agreement or DPA refers to the agreement between the Service Provider and the User that outlines the terms and conditions under which personal data is processed in connection with the Application, in compliance with the General Data Protection Regulation (GDPR).
- Privacy Policy refers to the document that describes how the Service Provider collects, uses, processes, and protects personal data of the Users in connection with the Application.
- Documentation means any manuals, guides, or other documents provided by the Service Provider that describe the functionalities, operation, and use of the Application.
- Marketplace refers to the Atlassian Marketplace, an online platform through which the Application is offered for purchase and download. The Marketplace terms and conditions apply to all transactions conducted through the platform.
- Subscription means the arrangement under which the User is granted access to the Application for a specified period, subject to the payment of fees as set out in the Marketplace or in separate agreements.
- Personal Data means any information relating to an identified or identifiable natural person, as defined under the GDPR, that is processed through the Application in connection with the User’s use of the Application.
- Confidential Information has the meaning given in Section 9.1 of these Terms and includes any non-public information disclosed by one party to the other, which is designated as confidential or would reasonably be understood to be confidential.
- Services: Refers to the Application and any related services provided by the Service Provider, including support and feedback mechanisms.
3. License and Intellectual Property Rights
3.1 License Grant
The Service Provider grants the User a limited, non-exclusive, non-transferable, and revocable license to access and use the Application solely for the User’s internal business purposes, in accordance with these Terms, the Documentation, and applicable laws. This license is granted solely for the duration of the User’s subscription and is conditioned upon the User’s adherence to these Terms.
3.2 Ownership of Intellectual Property
All rights, title, and interest in and to the Application, including all related intellectual property rights such as copyrights, trademarks, and trade secrets, are and shall remain the exclusive property of the Service Provider. These Terms do not grant the User any ownership rights in or to the Application or any related intellectual property.
3.3 Permitted Use and Restrictions
The User is permitted to use the Application for integrating Atlassian’s Jira Cloud with Discord services, enabling communication and collaboration functionalities as described in the Documentation. The User shall not, and shall not permit any third party to:
- Modify, adapt, translate, or create derivative works of the Application.
- Copy, distribute, sell, lease, sublicense, or otherwise transfer any part of the Application to any third party.
- Reverse engineer, decompile, disassemble, or attempt to discover the source code of the Application, except to the extent that such activity is expressly permitted by applicable law.
- Use the Application in any manner that violates the rights of third parties, including intellectual property and privacy rights.
- Use the Application to upload, transmit, or distribute any unlawful, offensive, or harmful content, including malicious code or viruses.
- Engage in activities that could damage, disable, or impair the Application, including attempting to breach security measures or exploiting vulnerabilities.
3.4 Trademarks
All trademarks, logos, and service marks used in connection with the Application are the property of the Service Provider or its licensors. The User is not granted any right or license to use any of these trademarks without the prior written consent of the Service Provider or the applicable third-party owner.
3.5 Feedback and Suggestions
The User may, at their discretion, provide feedback, suggestions, or ideas regarding the Application. The User agrees that the Service Provider is free to use, disclose, reproduce, license, distribute, and otherwise commercialize such feedback or suggestions as it sees fit, without obligation or compensation to the User.
4. Use of the Application and User Responsibilities
4.1 Compliance with Laws and Third-Party Terms
The User agrees to use the Application in accordance with these Terms, the Documentation, and all applicable laws and regulations. The User must also comply with the terms and conditions of Atlassian and Discord, including their respective privacy policies and acceptable use policies. Any violation of these third-party terms may result in suspension or termination of access to the Application.
4.2 Access Management and Security Responsibilities
The User is responsible for managing access to the Application within their organization. Only authorized personnel, including employees, agents, and contractors, may access and use the Application in accordance with these Terms. The User agrees to implement and maintain reasonable security measures, such as strong passwords and two-factor authentication where applicable. The User must immediately notify the Service Provider of any suspected or actual security breaches, unauthorized access, or misuse of the Application.
4.3 Data Integrity and Legal Use
The User is responsible for ensuring that all data entered or managed through the Application is accurate, lawful, and does not infringe on the rights of any third party. The User shall not use the Application to upload or store any unlawful or unauthorized content.
4.4 Changes to the Application
The Service Provider reserves the right to modify, update, or discontinue the Application or any part of it at any time, with or without notice to the User. Such changes may be necessary to improve performance, comply with legal requirements, or enhance security. The User agrees that the Service Provider shall not be liable for any modification, suspension, or discontinuation of the Application.
5. Fees, Payment, and Taxes
5.1 Subscription Fees
The User agrees to pay all fees associated with the use of the Application, as specified on the Application’s page on the Atlassian Marketplace. These fees may include, but are not limited to, subscription fees based on the number of Users or the duration of access. All fees are charged in accordance with the pricing and terms specified on the Atlassian Marketplace at the time of purchase or renewal.
5.2 Payment Terms
Payments for the Application are processed exclusively through the Atlassian Marketplace. The 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 these Terms or as required by applicable law. If the User fails to pay any fees when due, the Service Provider may suspend or terminate the User’s access to the Application without further notice.
5.3 Taxes and Charges
The fees listed on the Atlassian Marketplace do not include any taxes, levies, or duties imposed by taxing authorities. The 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 the Application. If the Service Provider is required to collect such taxes from the User, they will be added to the total cost and invoiced to the User accordingly.
5.4 Refunds
Refunds are not provided except as required by applicable law or as permitted by the Atlassian Marketplace terms and conditions. Any request for refunds must be submitted directly through the Atlassian Marketplace in accordance with their refund policy. The Service Provider has no obligation to provide refunds outside the terms specified by the Atlassian Marketplace.
5.5 Payment Processing
All payments for the Application are processed through the Atlassian Marketplace. The User agrees to comply with the payment terms and conditions of the Atlassian Marketplace, including those relating to payment methods, billing cycles, and the handling of payment information. The Service Provider is not responsible for any errors or issues arising from the payment processing conducted by the Atlassian Marketplace.
5.6 Non-Payment Consequences
If the User fails to pay any applicable fees, the Service Provider reserves the right to suspend or terminate the User’s access to the Application until full payment is received. During any period of suspension, the User remains responsible for all outstanding fees. The Service Provider may also impose a reactivation fee to restore access to the Application.
5.7 Fee Changes
The Service Provider reserves the right to change the fees for the Application at any time. Any fee changes will be communicated to the User through the Atlassian Marketplace or by other means, and will take effect at the next billing cycle. Continued use of the Application after a fee change constitutes acceptance of the new fees.
6. Data Protection & Privacy
We take the protection of your personal data seriously. The use of the Application is subject to our privacy and data protection practices, which are detailed in the following documents:
- Privacy Policy: This document explains how we collect, use, and safeguard your personal data when you use the Application.
- Data Processing Agreement (DPA): If you are a business entity acting as a Data Controller under the GDPR, this agreement outlines how we process personal data on your behalf, including data retention, security measures, and your rights as the Data Controller.
By using the Application, you agree to the terms outlined in these documents. For more detailed information, please refer to the Privacy Policy and Data Processing Agreement.
7. Liability & Indemnification
7.1 Limitation of Liability
To the maximum extent permitted by law, our total liability for any claims arising from the use of the Application will not exceed the amount you paid for the Application in the last 12 months. We are not responsible for indirect, incidental, or consequential damages (such as lost profits or data) even if we knew they might happen.
7.2 Exclusions of Liability
The Service Provider shall not be liable for:
- Any issues, disruptions, or damages arising from third-party platforms, such as Atlassian’s Jira Cloud or Discord, or from any modifications made to the Application by the User.
- Any loss of data, unauthorized access, or damages resulting from the User’s failure to implement appropriate security measures, such as strong passwords and access controls.
- Any damages resulting from the User’s use of the Application in violation of applicable laws or these Terms.
7.3 Indemnification
The User agrees to indemnify and hold harmless the 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:
- The User’s use of the Application.
- Violation of these Terms or applicable laws.
- Infringement of any third-party rights, including intellectual property rights and privacy rights.
- Any data or content provided by the User through the Application.
- Any claims, liabilities, or damages arising from data transfers to third-party services like Atlassian’s Jira Cloud or Discord, including data breaches or unauthorized access by such platforms.
7.4 Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations under these Terms due to circumstances beyond their reasonable control, including but not limited to natural disasters, acts of war, terrorism, labor disputes, cyber-attacks, or regulatory changes. In such cases, the affected party shall notify the other party as soon as reasonably practicable and use commercially reasonable efforts to resume performance.
7.5 No Warranty
The 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. The Service Provider does not warrant that the Application will be uninterrupted, error-free, or free of harmful components. The User assumes all risks associated with the use of the Application.
7.6 Third-Party Platforms and Data Transfers
By using the Application, the User acknowledges and accepts that personal data may be transferred between third-party platforms like Atlassian’s Jira Cloud and Discord. The Application facilitates the integration between these platforms, enabling the transfer, processing, and modification of data on behalf of the User. This includes the possibility of sending data contained in Jira Cloud to Discord and vice versa.
The User agrees that the Application’s functionalities involve interaction with both Jira Cloud and Discord services, which may result in downloading, modifying, or processing information and data from these platforms on behalf of the User.
The Service Provider has no control over how such third-party platforms process, store, or secure this data after transfer. The User assumes all risks associated with the transfer of data to these platforms and agrees that the Service Provider is not responsible for any unauthorized access, misuse, or further processing conducted by these platforms.
8. Termination
8.1 Termination by the User
The User may terminate their subscription to the Application at any time through the Atlassian Marketplace. Termination will take effect at the end of the current billing cycle, and the User will retain access to the Application until the end of that period. No refunds will be provided for any unused portion of the subscription period, unless otherwise required by the Atlassian Marketplace terms or applicable law.
8.2 Termination by the Service Provider
The Service Provider may terminate this Agreement and suspend or terminate the User’s access to the Application immediately if:
- The User breaches any of these Terms, the DPA, or any applicable laws, and fails to cure such breach within ten (10) days after receiving written notice from the Service Provider.
- The User engages in any activities that, in the Service Provider’s sole discretion, may cause harm to the Application, its users, or the reputation of the Service Provider.
- The User fails to pay any fees due under these Terms and does not remedy such failure within five (5) days after receiving a notice of non-payment from the Service Provider.
8.3 Immediate Termination
The Service Provider reserves the right to terminate the Agreement immediately without notice if the User engages in activities that:
- Compromise the security or integrity of the Application or any associated services.
- Violate the intellectual property rights of the Service Provider or any third party.
- Involve illegal activities or misuse of the Application.
8.4 Effects of Termination
Upon termination of this Agreement:
- The User’s access to the Application and any associated services will be terminated immediately.
- The User must pay any outstanding fees for the remaining term of their subscription.
- Any data stored within the Application will be handled in accordance with Section 8.5 (Data Handling Upon Termination).
8.5 Data Handling Upon Termination
In accordance with the DPA, the Service Provider will, at the User’s choice, either delete or return all personal data processed on behalf of the User within thirty (30) days following the effective date of termination, unless retention is required by applicable law or for legitimate business purposes.
8.6 Survival of Terms
The following provisions shall survive the termination of this Agreement: Section 6 (Data Protection & Privacy), Section 7 (Liability & Indemnification), Section 8.5 (Data Handling Upon Termination), and any other provisions that by their nature are intended to survive termination.
8.7 Notice Requirements
Either party may terminate this Agreement by providing written notice to the other party. For termination by the User, notice may be given through the Atlassian Marketplace. For termination by the Service Provider, notice may be given by email to the User’s registered email address or any other means reasonably calculated to provide notice.
9. Confidentiality
9.1 Definition of Confidential Information
For the purposes of these Terms, “Confidential Information” means all non-public information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) that is designated as confidential or that reasonably should be understood to be confidential, including but not limited to business plans, technical data, product ideas, user data, financial information, marketing strategies, and any other non-public information, whether disclosed orally, in writing, or electronically.
9.2 Obligations of the Parties
The Receiving Party agrees to:
- Keep all Confidential Information received from the Disclosing Party confidential and not disclose it to any third party without the prior written consent of the Disclosing Party, except as permitted under these Terms.
- Use the Confidential Information only for the purposes of fulfilling its obligations under these Terms and not for any other purpose.
- Implement and maintain reasonable security measures to protect the confidentiality of the Confidential Information, at least as stringent as the measures it uses to protect its own confidential information.
9.3 Permitted Disclosures
The Receiving Party may disclose Confidential Information to its employees, contractors, or legal advisors who need to know the information for the purpose of performing obligations under these Terms, provided that such individuals are bound by confidentiality obligations at least as protective as those set out in these Terms. The Receiving Party may also disclose Confidential Information to the extent required by law, regulation, or court order, provided that the Receiving Party gives the Disclosing Party prior notice of such disclosure (to the extent legally permissible) and cooperates with the Disclosing Party in seeking protective measures.
9.4 Exclusions from Confidentiality
Confidential Information does not include information that:
- Is or becomes publicly available without breach of these Terms by the Receiving Party.
- Was known to the Receiving Party before receipt from the Disclosing Party, as evidenced by the Receiving Party’s written records.
- Is independently developed by the Receiving Party without reference to or use of the Disclosing Party’s Confidential Information.
- Is obtained lawfully from a third party without breach of any confidentiality obligation.
9.5 Duration of Confidentiality Obligations
The confidentiality obligations under this Section 9 shall continue during the term of the Agreement and for a period of two (2) years after its termination or expiration. For Confidential Information that constitutes a trade secret under applicable law, the confidentiality obligations shall continue for as long as such information remains a trade secret.
9.6 Breach of Confidentiality
In the event of a breach or threatened breach of this Section 9 by the Receiving Party, the Disclosing Party shall be entitled to seek injunctive relief and any other remedies available under applicable law to prevent or remedy such breach.
10. Final Provisions
10.1 Entire Agreement
These Terms, together with the Data Processing Agreement (DPA) and the Privacy Policy, constitute the entire agreement between the User and the Service Provider with respect to the use of the Application and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding such subject matter.
10.2 Amendments
The Service Provider reserves the right to amend these Terms at any time by posting the updated Terms on its website. It is the User’s responsibility to review the Terms periodically for any updates. Continued use of the Application following the effective date of the revised Terms constitutes acceptance of those changes.
10.3 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted, and the remaining provisions of these Terms shall remain in full force and effect.
10.4 Waiver
No failure or delay by either party in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy, nor shall any single or partial exercise of any right or remedy preclude any further exercise of that right or remedy or the exercise of any other right or remedy.
10.5 Assignment
The User may not assign or transfer any rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the Service Provider. Any attempt by the User to assign or transfer these Terms without such consent will be null and void. The Service Provider may freely assign or transfer these Terms without restriction.
10.6 Notices
All notices or other communications required or permitted under these Terms shall be in writing and delivered to the Service Provider at contact@firnity.com or to the User at the email address provided in their account registration. Notices sent by email shall be deemed received upon receipt, as verified by electronic confirmation.
10.7 No Third-Party Beneficiaries
Nothing in these Terms shall confer any rights or remedies on any persons other than the parties to this Agreement and their respective successors and permitted assigns.
10.8 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Poland. The provisions of the Polish Civil Code, the Copyright Act, and other applicable Polish laws shall apply in matters not covered by this Agreement.
The Parties shall endeavor to resolve any disputes arising from or in connection with this Agreement amicably. Should the Parties be unable to resolve a dispute amicably, the matter shall be referred to the state court with jurisdiction over the location of the Service Provider’s registered office.
If any provision of this Agreement is found to be invalid, unenforceable, or illegal by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. If the invalid provision can be made enforceable by removing or modifying part of it, the provision shall be applied with the minimum necessary modification to ensure it remains enforceable and reflects the parties’ intent.
This Agreement does not establish any agency, partnership, or joint venture between the Parties, nor does it authorize any party to act as an agent or enter into any commitments on behalf of the other.
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 Discord for Jira
