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 governs Processing of Personal Data on User's behalf in connection with Application under GDPR, available here.
1.1.3. Privacy Policy: the document that describes how Service Provider Processes and protects Personal Data in connection with Application and Services, available here.
1.1.4. Agreement: Terms of Use together with DPA, Privacy Policy, applicable Order, and related documents incorporated by reference, which govern the relationship between Service Provider and User.
1.1.5. Application: “Firnity Discord for Confluence,” a cloud application developed by Service Provider to integrate Atlassian Confluence Cloud with Discord, as described in Section 2 of Terms of Use.
1.1.6. User: any business entity or organization that purchases, accesses, installs, or uses Application for business purposes.
1.1.7. Personnel: people and entities User authorizes to access or use Application, including User's employees, contractors, associates, and other permitted users, subject to the scope of User's Order and Agreement.
1.1.8. User’s Client: User's client or another person, including a member of User's Discord servers, whom User permits to interact with Application under User's responsibility.
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. Contact details: contact@firnity.com and +48 693 066 020.
1.1.10. Atlassian: Atlassian Pty Ltd., an Australian company (ABN 53 102 443 916), and its applicable affiliates, which provide Confluence Cloud, Forge, and Marketplace. Atlassian's agreements govern those services separately from these Terms.
1.1.11. Discord: Discord Inc., its subsidiaries, and related companies. Discord Services means, as applicable, Discord's services, applications, websites, APIs, and other products that interact with Application.
1.1.12. Confluence: Atlassian's Confluence Cloud collaboration and content service with which Application integrates. Confluence Services means, as applicable, Confluence software, sites, APIs, content, and related functionality.
1.1.13. Marketplace: Atlassian Marketplace, through which Application may be offered, licensed, subscribed to, installed, and managed. Marketplace terms apply to Marketplace transactions and Orders.
1.1.14. Subscription: an arrangement identified in an applicable Marketplace listing or Order under which User receives time-limited access to paid Application functionality and a license, subject to applicable fees and entitlement terms.
1.1.15. Billing Period: the period identified in an applicable Order for which Subscription fees are charged. A monthly or annual period applies only if offered and selected in Marketplace.
1.1.16. Personal Data: any information relating to an identified or identifiable natural person, as defined under GDPR, that is Processed in connection with Application or Services.
1.1.17. Services: Application and related services provided by Service Provider, including support and feedback handling.
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 Processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC.
1.1.19. Customer Marks: any word mark, logo, trade name, service mark, or other trademark owned or validly licensed by User or its ultimate parent company that identifies User's business.
1.2. Purpose of Terms of Use
Terms of Use govern access to and use of Application by Users. Application is developed and provided by Service Provider. Terms of Use are available on Service Provider's public documentation site without charge and may be downloaded or printed.
1.3. Acceptance of Terms of Use
By ordering, installing, enabling, accessing, or using Application, User agrees to be bound by Agreement. If User does not agree, User must not use Application. A person acting for User represents that the person has authority to bind User. User is responsible for compliance by Personnel and User's Clients.
1.4. Scope and applicability
Terms of Use apply to business and organizational use of Application. If an individual orders, installs, or uses Application for an organization, that individual is treated as acting on the organization's behalf. Mandatory rights that cannot lawfully be excluded remain unaffected.
1.5. Complete Agreement and additional documents
Terms of Use, together with DPA, Privacy Policy, applicable Order, and annexes such as the list of Sub-Processors, constitute Agreement between User and Service Provider concerning Application. These documents are incorporated by reference and are available through Service Provider's Trust Center.
The Marketing Reference Licence in Section 4.9 is accepted when User orders, installs, enables, or begins using Application, subject to the withdrawal right in Section 4.9.3.
1.6. Acceptance of other regulations
Before using Application, User must also accept and comply with the terms governing User's Atlassian, Confluence, Discord, and Marketplace services, including the Atlassian Marketplace Terms of Use. User is responsible for compliance by Personnel and User's Clients.
2. Use of Application
2.1. Access to Application
2.1.1. Access to Application requires reliable Internet connectivity and compatible Atlassian Confluence Cloud and Discord services. Marketplace offers are governed by the applicable listing and Order. Service Provider is not liable for a third-party outage outside its reasonable control.
2.1.2. Subscription and trial availability, duration, and conditions are stated in the applicable Marketplace listing and Order.
2.2. Who can use Application?
2.2.1. Application is offered for business and organizational use. User may grant access to Personnel and User's Clients within the applicable Order, Confluence access model, Discord permissions, and Agreement. An individual seeking to contract outside a business capacity should contact Service Provider before ordering.
2.2.2. Agreement is intended to be concluded with an entrepreneur or organization. Nothing in Terms of Use excludes rights that Polish or other applicable law grants to an entrepreneur with consumer rights or another protected person and does not permit contractual exclusion.
2.2.3. By entering into Agreement, the person acting for User represents that the person is at least 18 years old, has legal capacity, and has authority to act for User.
2.2.4. Individuals may use Application only under User's authorization. User must limit access to the scope permitted by its Order and third-party accounts, use reasonable account security such as strong unique passwords and multi-factor authentication where available, review Confluence and Discord permissions, and promptly notify Service Provider of suspected unauthorized use or an incident affecting Application.
2.2.5. An individual ordering or using Application other than under Section 2.2.4 is deemed to act for the organization connected to the applicable Atlassian site, to the extent permitted by law.
2.3. Requirements for using Application
2.3.1. User must accept Agreement through the applicable Marketplace order, installation, enablement, or use flow. User may not make Application available to a separate organization except as permitted for Personnel and User's Clients under Agreement and the applicable Order.
2.3.2. To use Application, User must have:
- an active Atlassian account and an authorized Confluence Cloud site;
- authority to install or administer Application at the applicable global or Confluence space scope;
- a Discord account and the necessary authority and permissions for each connected Discord server, channel, or thread; and
- any active Marketplace entitlement required by the applicable listing and Order.
The applicable third-party agreements govern these accounts and services. Service Provider does not supply the underlying Atlassian, Confluence, Discord, Internet, or device services.
2.3.3. User bears its own Internet and telecommunications costs required to install, access, and use Application. Service Provider is not responsible for charges imposed by User's network, device, Atlassian, Discord, or other third-party provider.
2.3.4. User is responsible for ensuring that data, configuration, content, destinations, instructions, and permissions provided through Application are accurate, lawful, proportionate, and do not infringe third-party rights. User must not use Application to submit, access, copy, or distribute unlawful or unauthorized content.
2.3.5. Service Provider may modify, update, suspend, or discontinue Application or part of it where reasonably necessary for maintenance, security, legal compliance, third-party compatibility, or product improvement. Service Provider will use reasonable efforts to communicate a material adverse change through Marketplace, the Trust Center, Application, or an available direct contact. Mandatory rights and prepaid-order remedies remain unaffected.
2.4. Scope of Services
Under Agreement, Service Provider provides access to Application functionality and the related Services described below, subject to User's configuration, permissions, entitlement, and third-party availability.
2.4.1. Application features
Firnity Discord for Confluence integrates Confluence Cloud with Discord by supporting configured workflows such as:
- sending real-time or scheduled Confluence page and comment notifications to selected Discord destinations;
- sending scheduled summaries based on configured Confluence filters;
- finding, previewing, and sharing accessible Confluence pages from Discord;
- creating Confluence pages and related comments or attachments from reviewed Discord commands using a linked Atlassian identity;
- configuring page lists, panels, actions, commands, destinations, and permission policies; and
- linking successful Discord discussions to Confluence pages where the feature is configured.
Feature availability depends on the current Application version, applicable Marketplace entitlement, Confluence permission, Discord permission, configuration, and supported third-party APIs. Private command results remain private where Discord supports that response type unless a user selects an explicit public action.
2.4.2. Other Services
Service Provider provides support and feedback handling. User, Personnel, or User's Client may contact Service Provider at contact@firnity.com. Service Provider will use commercially reasonable efforts during normal business hours and respond within 24 hours to a support request Atlassian identifies as critical and within five business days to other support requests. These response times cover acknowledgement and the start of handling a request. Resolution time depends on the nature of the issue.
3. Terms and conditions of electronically provided services
3.1. Requirements to use Application
Application is available to users of compatible devices who can use Discord, Confluence Cloud, Forge, and Marketplace and who meet the requirements below. Use requires compliance with Agreement and the applicable Atlassian and Discord terms, roles, permissions, and technical limits.
3.2. Technical requirements
To use Application effectively, User's device and environment should meet the following requirements:
- a supported computer, laptop, tablet, or smartphone with stable Internet access;
- a current browser supported by Atlassian Confluence Cloud, with JavaScript enabled;
- cookies permitted where the one-use secure Discord OAuth transaction requires them;
- an authorized Confluence Cloud site and Discord account with the permissions required by the selected workflow;
- access to receive Marketplace, Trust Center, or support communications where applicable; and
- software capable of viewing any documentation or attachment format User chooses to use.
3.3. Internet access
Application operates online and requires access to Atlassian, the Firnity remote service, Discord, and any content delivery endpoints declared by Application. Offline operation is not supported.
3.4. Prohibited activities
User must not use Application to provide or distribute unlawful content, violate personal rights or intellectual-property rights, compromise another person's data or account, or violate applicable social norms, platform rules, or law. In particular, User must not:
3.4.1. promote totalitarian regimes, prohibited symbols, hatred, violence, or criminal conduct;
3.4.2. post content that is unlawfully abusive, threatening, obscene, or intended to harass another person;
3.4.3. use another person's Personal Data, likeness, account, content, or permissions without an appropriate legal and organizational basis;
3.4.4. provide malware, destructive code, credential-stealing content, or instructions designed to compromise Application or another system;
3.4.5. promote conduct that applicable law prohibits, including unlawful drug, gambling, or alcohol promotion;
3.4.6. spam, abuse rate limits, engage in unfair competition, or conduct a deceptive or unfair market practice;
3.4.7. publish false statements intended to unlawfully harm Service Provider's or another person's reputation;
3.4.8. post links to content or files prohibited by this Section;
3.4.9. infringe third-party intellectual-property or contractual rights.
3.5. Prohibition of testing
User may not perform penetration testing, active security testing, attempted unauthorized access, exploitation, denial of service, high-volume automated scanning, social engineering, credential attacks, or hacking activity against Application without Service Provider's prior written authorization. This does not prevent good-faith reporting of a vulnerability discovered through normal use of User's own accounts and data under the Security Policy.
3.6. User’s responsibility
User is responsible for content, configuration, instructions, selected destinations, and permissions supplied by User or people acting under User's authority.
3.7. Consequences of violations
If User violates Agreement or applicable law, Service Provider may take proportionate action permitted by law, including restricting or suspending access, removing Application-controlled content where technically possible, preserving evidence required by law, or terminating Agreement.
If prohibited content is provided through Application, Service Provider may restrict Processing or access and may terminate Agreement with immediate effect where the violation is serious, continuing, or cannot reasonably be remedied.
3.8. Notification of dangers
Electronic services involve risks including phishing, malicious links or files, unauthorized OAuth grants, credential theft, malware, third-party compromise, and loss of availability. User should maintain supported software, endpoint protection, multi-factor authentication, least-privilege permissions, and appropriate organizational review of connected accounts and destinations.
3.9. Separate regulation of additional services
Service Provider may establish separate terms for an additional service not covered by Agreement. Such terms must be made available before User becomes bound by them.
3.10. User's responsibility for the compliance of the actions of Personnel and User’s Clients
User is responsible for compliance with this Section by Personnel and User's Clients as if their authorized actions were User's own, except to the extent applicable law requires otherwise.
4. Licenses and intellectual property rights
4.1. License
Service Provider grants User a time-limited, non-exclusive, non-transferable, non-sublicensable, worldwide license to use Application for User's internal business purposes during Agreement, subject to the applicable Order and payment obligations.
4.2. Fields of exploitation and purpose of license
Service Provider grants User the license for the following fields of exploitation:
4.2.1. temporary reproduction of Application components in device or browser memory to the extent technically necessary to use Application;
4.2.2. use of Application by User within the functionality, authorized scope, and conditions in Agreement.
User may use Application in those fields only to:
4.2.3. use Application functionality in accordance with Agreement;
4.2.4. grant access to Personnel and User's Clients within the applicable Order and permission model.
4.3. Under the license granted, User is entitled to use Application in accordance with Terms of Use, under the terms and conditions specified below:
4.3.1. User must use Application for its own organization, for Application's intended purpose and functionality, and in compliance with applicable law, Agreement, and good practice;
4.3.2. User must not use Application to conduct illegal activity;
4.3.3. Except where applicable law expressly permits and does not allow contractual restriction, User must not modify, adapt, translate, reverse engineer, decompile, disassemble, derive source code from, or create a competing derivative of Application;
4.3.4. User must not introduce viruses or code intended to distort, disable, delete, damage, overload, or compromise Application;
4.3.5. User must not remove, obscure, or alter a copyright, trademark, attribution, or other proprietary-rights notice in Application.
4.4. Duration of the license
The license lasts only during Agreement and the authorized Subscription or Order term. It ends when Agreement terminates under Section 8 or when User's entitlement ends, subject to any access Atlassian lawfully continues to provide under the applicable Order.
4.5. License payment
Where Application is paid, the license fee is included in the Subscription fee identified by Marketplace and the applicable Order.
4.6. License limitation
Service Provider grants only the rights expressly necessary to use Application under Agreement. No ownership, source-code, distribution, resale, hosting, or sublicensing right is granted by implication.
4.7. Service Provider’s intellectual property rights
Application's content and structure are protected by copyright and other intellectual-property laws. Except where expressly permitted by applicable law or Agreement, User must not reproduce or use Application code, proprietary content, or protected works without Service Provider's permission.
Application names, logos, and other Service Provider marks are protected. User may not use them in a way that suggests endorsement, ownership, or authorization without prior written consent.
User must not record, reproduce, or distribute protected Application material, in whole or part, except as permitted by Agreement or mandatory law. User-owned content and Customer Marks remain User's property.
4.8. Liability
User is responsible for ensuring that Personnel and User's Clients comply with this Section. User is liable for their authorized use to the same extent as for User's own use, subject to applicable law.
4.9 Marketing Reference Licence
4.9.1. Licence grant. During Agreement and for twenty-four (24) months afterward, User grants Service Provider a worldwide, non-exclusive, royalty-free licence to use, reproduce, and publicly display Customer Marks only to identify User as a customer of Application in:
- Service Provider's public websites 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 Customer Marks must not suggest that User endorses 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 after receiving notice, or sooner where commercially reasonable for online media.
4.9.4. Warranties. User represents that it owns or has the right to license Customer Marks and that Service Provider's permitted use will not infringe a third party's rights.
5. Payments
5.1. Subscription
Where an active Marketplace listing and Order identify Application as paid, payment for Services and the license in Section 4 is made by purchasing a Subscription. Monthly or annual billing is available only if shown in Marketplace and selected in User's Order. Support is provided while the applicable entitlement is active as described in Section 2.4.2. Application updates are delivered according to Atlassian's applicable update and consent rules.
Subscription renewal, billing basis, authorized user tier, term, cancellation, and entitlement are governed by the applicable Order and Atlassian Marketplace terms. Service Provider does not independently collect Marketplace payment-card details.
5.2. Scope of Subscription
Subscription gives User access to the Services and license identified in the applicable Marketplace listing and Order. User may authorize Personnel and User's Clients within the purchased scope and the applicable Confluence and Discord permission model.
5.3. Purchase and payment for Subscription
Available Billing Periods, fees, user tiers, renewal terms, and payment dates are specified in Marketplace and User's Order. If Application is Paid-via-Atlassian, User pays Atlassian as Service Provider's commercial agent, not Service Provider directly.
User must comply with Marketplace payment terms and keep information provided to Atlassian accurate. Atlassian is responsible for its payment processing. Fees are payable as stated in the Order and are refundable only where the Marketplace Terms, Order, mandatory law, or Service Provider's express written approval provides a refund. Under current Marketplace Terms, an eligible initial third-party app Order may be returned within Atlassian's stated 30-day period; renewals and upgrades are subject to the then-current Marketplace rules.
5.4. Taxes and charges
Taxes, levies, duties, invoices, and currency treatment are determined by the applicable Order, Marketplace terms, and mandatory law. Where Atlassian is seller or commercial agent, Atlassian handles the transaction as stated in its terms. User remains responsible for taxes that the applicable terms or law allocate to User.
5.5. Discounts
Service Provider or Atlassian may offer a discount or promotion under the terms published with that offer. Atlassian Marketplace discount programs, where available, are described in Atlassian's app discount program documentation.
5.6. Details of payments
Payment, Subscription, discount, renewal, and cancellation information is stated in the applicable Marketplace listing and Order. If these Terms conflict with Atlassian's transaction terms on a matter Atlassian controls, the applicable Atlassian terms and Order prevail for that matter.
5.7. Fee changes
Future fee changes will be communicated and take effect under Marketplace rules and the applicable Order. User may cancel renewal through the Marketplace mechanism available to User.
6. Liability
6.1. Limitation of Liability
To the maximum extent permitted by applicable law, Service Provider's aggregate liability arising out of or relating to Agreement will not exceed the amount User paid for Application during the twelve (12) months before the event giving rise to the claim. Service Provider is not liable for indirect, incidental, special, punitive, or consequential damages, or loss of profits, revenue, business, goodwill, or data, even if advised that such loss may occur. This Section does not limit liability that applicable law does not permit the Parties to exclude or limit.
6.2. Exclusions of Liability
To the maximum extent permitted by law, Service Provider is not liable for: 6.2.1. issues, interruptions, changes, or damage arising from Atlassian, Forge, Confluence Cloud, Discord, Marketplace, a network provider, or a modification not made or authorized by Service Provider; 6.2.2. damage or lost profit caused directly or indirectly by use, non-use, unavailability, or malfunction of Application, except to the extent caused by Service Provider and not lawfully excludable; 6.2.3. User's failure to comply with Agreement, applicable Atlassian or Discord terms, or law; 6.2.4. loss, unauthorized access, or damage resulting from User's failure to use reasonable account, permission, destination, and credential controls; 6.2.5. decisions or omissions by User based on information obtained through Application; 6.2.6. User's unlawful or unauthorized use of Application; 6.2.7. interruption caused by an external dependency, including Atlassian, Forge, Confluence Cloud, Discord, Marketplace, Internet, or telecommunications service; 6.2.8. non-performance or improper performance by a telecommunications or Internet provider contracted by User; 6.2.9. malfunction on a device or browser that does not meet supported technical requirements; 6.2.10. interruption caused by hardware, software, or communications systems outside Service Provider's reasonable control; 6.2.11. loss of data caused by User's systems, a customer-directed third-party platform, or another circumstance beyond Service Provider's reasonable control, without excluding Service Provider's responsibility for its own Processing; 6.2.12. third-party content or material shown or linked through Application; 6.2.13. infringement of a third party's rights by User, Personnel, User's Clients, or content provided under User's authority; 6.2.14. interception of User-controlled credentials or accounts for reasons outside Service Provider's reasonable control.
6.3. Indemnification
To the extent permitted by law, User will indemnify and hold harmless Service Provider from third-party claims, damages, losses, liabilities, costs, and reasonable legal expenses arising from: 6.3.1. User's unlawful or unauthorized use of Application; 6.3.2. User's breach of Agreement or applicable law; 6.3.3. infringement of a third party's intellectual-property, privacy, confidentiality, or other right by User-controlled content or instructions; 6.3.4. data, content, configuration, destination, or instruction provided under User's authority; 6.3.5. User's customer-directed transfer to or use of Atlassian, Confluence, Discord, or another third-party service, except to the extent the claim results from Service Provider's own breach.
6.4. Force Majeure
Neither Party is liable for failure or delay caused by circumstances beyond its reasonable control, including natural disaster, war, terrorism, labor dispute, widespread Internet or provider outage, cyberattack despite reasonable controls, governmental action, or regulatory change. The affected Party will use reasonable efforts to reduce the impact and resume performance.
6.5. No Warranty
Application is provided “as is” and “as available” to the maximum extent permitted by law, without an express or implied warranty of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, error-free operation, or absence of harmful components. Mandatory warranties that cannot lawfully be excluded remain unaffected.
6.6. Third-Party Platforms and Data Transfers
User acknowledges that Application Processes and transfers data between User's Atlassian Confluence Cloud environment, the Firnity remote service, and User-selected Discord services and destinations. This may include reading, formatting, transmitting, creating, commenting on, labeling, previewing, or linking information on User's instruction.
User controls the relevant Atlassian and Discord accounts, permissions, destinations, and instructions. Those providers Process data under their applicable terms and relationships. Service Provider remains responsible for its own obligations and does not control independent Processing by a customer-selected provider after that provider receives the data.
7. Complaints
7.1. Right to make complaints
User, Personnel, or User's Client acting for User may report an irregularity or complaint concerning Application to contact@firnity.com or by post to ul. Zamknięta 10, lok. 1.5, 30-554 Kraków, Poland.
7.2. Information required in the complaint
A complaint should include: 7.2.1. the complainant's name, authority to act for User, contact email, and the minimum Confluence cloud ID, site URL, Forge installation ID, or relevant account ID needed to locate the issue. Do not send a password, token, secret-bearing URL, or unrelated Personal Data; 7.2.2. the affected functionality, relevant time and timezone, expected and observed result, and enough safe detail to investigate the irregularity.
7.3. Completion of the complaint
If required information is missing, Service Provider may ask the complainant to complete it. During investigation, Service Provider may request proportionate clarification, documents, reproduction details, or verification while minimizing Personal Data and protecting other customers.
7.4. Complaint processing time
Service Provider uses commercially reasonable efforts during normal business hours. Service Provider responds within 24 hours to a support request Atlassian identifies as critical and within five business days to other requests from an end user or Atlassian. A response acknowledges and begins handling the request; it is not a guarantee of resolution within that period.
7.5. Application of the complaint
This complaint process applies to Application and Service Provider's Services, not to Atlassian, Forge, Confluence, Discord, Marketplace, or another third-party service's separate support process.
8. Termination of Agreement
8.1. Types of termination of Agreement
Agreement may terminate by:
- expiration;
- unilateral termination by Service Provider;
- unilateral termination by User;
under the conditions below.
8.2. Expiration of Agreement
Agreement terminates by expiration:
8.2.1. when User's Subscription or applicable Order expires and is not renewed;
8.2.2. when Atlassian removes Application from Marketplace and no surviving entitlement or transition right applies;
8.2.3. when Atlassian or Discord permanently ceases supporting functionality required for Application and Service Provider cannot reasonably provide an equivalent supported integration;
8.2.4. when a service necessary to use Application, particularly Confluence Cloud, Forge, or Discord, is permanently unavailable;
8.2.5. when Marketplace is discontinued or no longer supports distribution or entitlement for Application and no lawful replacement arrangement is made.
8.3. Unilateral termination by Service Provider
Service Provider may suspend or terminate Agreement for:
8.3.1. User's material violation of applicable Atlassian or Marketplace terms relevant to Application;
8.3.2. non-payment under the applicable Order after any required notice or cure period;
8.3.3. conduct by User, Personnel, or User's Clients that causes or creates a material risk of harm to Application, another user, a third-party platform, or Service Provider;
8.3.4. use outside the license in Section 4;
8.3.5. compromise or attempted compromise of Application's security or integrity;
8.3.6. infringement of Service Provider's or a third party's intellectual-property rights;
8.3.7. illegal activity or material misuse of Application;
8.3.8. a material violation of Section 3, including Section 3.4 or 3.5;
8.3.9. User's failure to fulfill Controller obligations under DPA or law where that failure prevents lawful Processing;
8.3.10. another material or repeated breach of Agreement that is not remedied within a reasonable cure period where cure is appropriate;
8.3.11. an unresolved reasonable objection to a Sub-Processor change under DPA where the Parties cannot provide affected Services lawfully.
8.4. Unilateral termination by User
8.4.1. User may terminate Agreement by cancelling its Subscription or Order through Marketplace or by another mechanism expressly provided in the applicable Order. Refund rights are governed by Marketplace Terms, the Order, mandatory law, and any written Service Provider approval.
8.4.2. Cancellation prevents future renewal according to Atlassian's entitlement rules. Application access continues or ends when the Marketplace entitlement and applicable Order specify.
8.4.3. After uninstall or termination, Service Provider handles Application data as described in Section 9.2, DPA, and Privacy Policy. User may request return or erasure at contact@firnity.com.
8.4.4. Atlassian handles Marketplace refunds for Paid-via-Atlassian Orders under Marketplace Terms and the applicable Order. Service Provider does not independently promise a refund outside those rules or mandatory law.
8.5. Statutory right of withdrawal
A User who is an entrepreneur entitled to consumer withdrawal rights under applicable Polish law may withdraw from Agreement within the statutory period and under the statutory conditions. A declaration may be sent in writing or by email to Service Provider. Mandatory withdrawal rights remain unaffected.
8.6. Effects of termination of Agreement
8.6.1. On termination, Service Provider will end User's authorization to Services under Agreement, subject to Atlassian's technical uninstall and entitlement operation, a surviving Order term, and any transition required by law. Payment, refund, and surviving-entitlement consequences controlled by Atlassian are determined by Marketplace Terms and the applicable Order.
8.6.2. Before termination, Service Provider may proportionately restrict access while investigating a suspected breach or request that User cease and remedy the conduct giving rise to termination, unless immediate restriction is reasonably necessary for security, law, third-party rights, or prevention of harm.
8.7. Form of termination
Either Party may terminate Agreement by written or documentary notice, including email. User may terminate through Marketplace where that mechanism is available. Service Provider may notify User through an available Atlassian or Marketplace contact, email address, or another method reasonably calculated to provide notice. Cancelling Subscription constitutes termination subject to the applicable Order and Marketplace entitlement timeline.
9. Personal Data protection
9.1. Personal Data Protection – procedures and policies
Use of Application is subject to the following data-protection documents:
- Privacy Policy: explains how Service Provider Processes, shares, retains, and protects Personal Data in connection with Application.
- Data Processing Agreement (DPA): governs Service Provider's Processing on behalf of a business or organization acting as Controller, including instructions, security, Sub-Processors, transfers, assistance, and return or deletion.
By using Application, User accepts the applicable documents as part of Agreement. The Sub-Processors page and Security Overview provide additional current disclosures.
Acceptance of the Agreement does not by itself give consent to optional analytics or other processing that requires consent. The Privacy Policy explains Service Provider's processing; the DPA governs processing on User's behalf.
9.2. Data Handling Upon Termination
After Services relating to Processing end, Service Provider returns or deletes Personal Data at User's choice under DPA, unless applicable law requires retention. The applicable retention periods and request procedure are described in Privacy Policy. User may send a return or erasure instruction to contact@firnity.com.
9.3. Application analytics
Service Provider uses limited usage information and minimized interface recordings to diagnose errors, maintain reliability and improve Application workflows. Application analytics is a customer-wide setting for the Confluence site, managed by an authorized Confluence administrator in Settings. Application analytics is enabled by default. Turning it off does not restrict access to Services. The Privacy Policy explains the information, safeguards, effect on open sessions, retention and individual rights. Separate service, security and error records follow their own purposes.
10. Final provisions
10.1. Survival of Terms
Sections 4.7, 4.9 to the extent of its stated duration and withdrawal right, 6, 7, 9, and provisions that by their nature must survive remain effective after termination.
10.2. Applicable law
Agreement is governed by Polish law, without excluding mandatory protections that applicable law does not permit the Parties to waive.
10.3. Court of competent jurisdiction
Polish courts have jurisdiction over disputes under Agreement to the extent permitted by applicable law. Territorial jurisdiction is determined by applicable procedural law. Mandatory consumer, data-protection, or other protected-party jurisdiction remains unaffected.
10.4. Modification of Terms of Use
Service Provider may modify Terms of Use by posting an updated version and providing notice through the Trust Center, Marketplace, Application, or an available direct customer contact. If a change materially adversely affects User, it will take effect after the notice period stated in the notice, which will be at least 14 days unless law, security, a third-party requirement, or an urgent operational need requires earlier action. Where applicable law requires express agreement, continued use alone will not constitute acceptance.
This process also applies, with necessary changes, to DPA, Privacy Policy, or another incorporated document unless that document provides a more specific process. User may terminate affected Services if User does not accept a change, subject to Marketplace and Order terms.
10.5. Notices
Notices to Service Provider may be sent to contact@firnity.com or the registered postal address in Section 1.1.9. Notices to User may be sent to an email or contact made available through Atlassian, Marketplace, an Order, or a support relationship, or delivered through Marketplace or Application where appropriate. A notice is effective under applicable law and the delivery method used.
10.6. Assignment
User may not assign or transfer Agreement without Service Provider's prior written consent, except where mandatory law permits otherwise. Service Provider will not unreasonably withhold consent to a transfer arising from a bona fide reorganization or sale of substantially all relevant business assets if the assignee accepts Agreement and the transfer does not increase security, legal, or operational risk.
10.7. Severability
If a provision is held invalid, illegal, or unenforceable, it will be modified only to the minimum extent necessary to make it enforceable where permitted. If modification is not possible, that provision is severed and the remainder continues in effect.
10.8. Compliance with Atlassian regulations
Agreement is intended to operate with applicable Atlassian and Marketplace terms. If these Terms conflict with an Atlassian term concerning a Marketplace transaction, entitlement, or platform matter Atlassian controls, the applicable Atlassian term and Order prevail for that matter. These Terms continue to govern the direct relationship between User and Service Provider concerning Application.
10.9. Applicability of Terms of Use
Effective date: the date this version is published.