myTuleap Terms of Service EN-1.6.2 - 24 mai 2018

1.Preamble

Enalean SAS is a corporation organized and existing under the laws of France, with its principal place of business at 87 avenue de Chambéry, 73230 Saint-Alban-Leysse, France, and registered under number 531 796 621 Chambéry (France). Enalean operates a project management and software engineering service based on the Tuleap Enterprise tool called myTuleap.

By using the Service, you agree to these Terms of Service, to all rules and policies related to the Service and you are accountable for their application.

By entering into this agreement with Enalean, you agree that you are conducting a transaction in France under the law of France. You agree that the laws of France, will apply to any disputes arising out of or relating to these terms or the Service.

2.Definitions

3.Right of use

The Service is provided against the payment of a subscription by the Customer. The Customer is entitled to payment on due dates. Default of payment, including unpaid or returned SEPA direct debit order, may lead to immediate termination of Service and closure of Customer’s myTuleap platform.

The Customer and Users obtain the non-exclusive right, limited to the term of this contract, to access myTuleap via the Internet and to use it by means of a browser and, as the case may be, additional client programs. Rights extending beyond this, particularly to myTuleap, the software application or the operating software, are not obtained by the Customer and the Users, not even in the case when functions or function parts have been developed for the Customer.

The Customer is not authorized to use the Service beyond the authorized rights granted by this contract or to grant such use to third parties. In particular, the Customer is not authorized to duplicate, to sell, to resell, or to make available for a limited period of time, and primarily not to rent out or lend myTuleap Service or parts thereof.

By using the Service, the Customer is directing Enalean to store, manage, and provide access to Data on its behalf. Users may use the Service only to store, retrieve, manage, and access Data using the features and functionalities Enalean provides via the Service.

The Customer is solely responsible of its Data, for complying with all applicable copyrights and other laws, including import and export control laws and regulations, and with the terms of any licenses or agreements to which the Customer or Users are bound. The Customer must ensure that Data have been lawfully acquired and are free from any malware, viruses, trojan, spyware, worms, or other malicious or harmful code.

The Service may provide features that allow the Customer and Users to share Data with others. The Customer and the Users may only share Data in which they have all necessary copyrights and other rights. If a Users or the Customer share a file, anyone with access to this file may view and download copies of the file. Users and by extension the Customer are solely responsible for how Data are shared and who may access the shared Data.

Users shall not share Data that contain defamatory, threatening, abusive, pornographic, or otherwise objectionable material, that advocate bigotry, hatred, or illegal discrimination, or if sharing those files violates any law, any intellectual property, publicity, privacy, or other right of others, or any license or other agreement by which the Customer or Users are bound.

Users must follow any policy made available within the Service. The Customer must ensure that all Users follow any policy made available within the Service. Enalean may suspend or stop providing the Service if the Customer or any User do not comply with the Service terms or policies or if Enalean is investigating suspected misconduct.

In connection with the use of the Service, Enalean may send to the Customer or to Users service announcements, administrative messages, and other information. Users may opt out of some of those communications from the User’s personal page or via e-mail to the address indicated below.

4.The service

The access to the Service is provided via the internet. Requirements for the use of the Service are a computer with internet access and a recent internet browser, as well as client software when needed, e.g. for Git, Subversion, etc.

The support provided to Users with the Service can be reached from the Help page of the Customer’s myTuleap platform.

Enalean is entitled to maintain and service software and/or hardware systems. In case of foreseeable unavailabilities, Enalean will carry out these activities outside regular business hours or on weekends, as far as possible.

The Service does not guarantee availabilities (SLAs), insofar as the Customer has not concluded a separate contract for this with Enalean.

Enalean regularly implements data backups at its own discretion, at least once per day. In the event of data loss for which Enalean is to be held accountable, Enalean will restore the data from the data backup, and the Customer will be informed of the occurrence of the incident. The Customer shall not be entitled to access the backup data.

The Service does not encompass the adherence to archiving obligations, e.g. long-term data backups serving any commercial or legal purpose.

4.1.Disclaimer

The Service is provided on a “as is” basis and on a “as available” basis without any warranties, whether express or implied, oral or written, of any kind or nature, including, but not limited to, any warranties of quality, performance, merchantability or fitness for any particular purpose. Enalean hereby expressly excludes any such warranties or representations or implications that the Service will be error-free, complete, or operate correctly with any given product or system of the Customer.

Enalean does not warrant that the Service is error-free or that they will operate without interruption, nor does Enalean make any warranty or representation with respect to the quality, reliability, timeliness or security of the Service.

Enalean shall not be responsible for any loss resulting from loss or deletion of any data or information resulting from the use of the Service, or any network or system outages, file corruptions, or for any other alleged consequences of having used the Service.

5.Privacy of personal data

ENALEAN carries out all processing operations in strict compliance with European privacy laws, and in particular with the European GDPR.

ENALEAN may collect some basic personal information on the Customer and Users, such as names and email addresses. This information may be used to provide help or information about the Service.

Enalean will not reveal any User or Customer information, including any content or any data stored or exchanged through the Service, to a third party except upon presentation of a valid request by a legal authority in the course of legal action involving a Customer or a User.

Enalean may need privilege accesses to perform support or maintenance activities, therefore may have access to User data and information. Enalean will not use these information and data for any purpose other than the forementioned support or maintenance activity.

6.Publicity rights

The Customer grants Enalean the right to include Customer’s name and/or logo in a list of customers, which may be publicly displayed on Enalean or Tuleap web sites and in promotional materials for Enalean’s products or services.

The Customer may request to be excluded from appearing in Enalean’s public list of clients or promotional material at any time by submitting a written request via e-mail to the address indicated below.

7.About terms

Enalean may modify these terms or any additional term that apply to a Service to, for example, reflect changes to the law or changes to the Services. The Customer and Users should look at the terms regularly. Enalean will post notice of modifications to these terms on this page. If the Customer or Users do not agree to the modified terms for a Service, they should discontinue to use the Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between Enalean and the Customer. They do not create any third party beneficiary rights.

If the Customer or a User do not comply with these terms, and Enalean do not take action right away, this does not mean that Enalean is giving up any rights that Enalean may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

8.Hosting

myTuleap Service uses the hosting services of Online.net

9.Trademarks and intellectual property

Tuleap, Tuleap Enterprise, myTuleap product names and logos, either separately or in combination, are registered trademarks and the property of Enalean SAS as well as Enalean name and logo. Others product names and logos used in this website are the property of Enalean and their respective owners.

The Customer or any User shall not use any such trademarks without the prior express written permission of Enalean or their respective owners. The Customer or any User shall not use any confusingly similar mark as a trademark for any product or service, or use the Enalean trademarks in any other manner that might cause confusion in the marketplace, including but not limited, to in advertising, on websites, or on software or hardware.

These terms do not grant you the right to use any branding or logos used in the Service.

The Customer or any User shall not remove, obscure, or alter any legal notices displayed in or along with our Services.

10.Contact

Should you have any question, remark regarding the present terms, please contact us at legal@enalean.com.

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