Terms of Service
Artefract Ltd. ("Artefract", "we", "us", "our") provides its suite of project management tools - Agile Planner - via its website, https://www.agileplannerapp.com (the "Site"), an API, applications for mobile devices, and related products (the "Service(s)") subject to the following Terms of Service ("Terms").
For the purposes of this agreement, a "Customer" is considered to be anybody who has signed up for, or is using, the Service.
We reserve the right to update these Terms at any time without notice. We will list all changes (and the date on which they were made) at the end of this document. Your continued use of the Service following such changes constitutes your agreement to those changes.
Any new features that we add to the Service (including the release of new applications or resources) shall be subject to these same Terms.
General Conditions
You must be 13 years or older to use this service.
You agree not to modify or adapt the Service, or to modify another website so as to imply that it is associated with the Service, or with Artefract.
The Service is provided on an "as is" and "as available" basis. Artefract does not warrant that access to the Service will be uninterrupted, timely, secure, or error free.
You understand and agree that your use of the Service is at your sole risk.
In no event shall Artefract, its officers, directors and employers be liable for any direct, indirect, incidental, special consequential or exemplary damages, including but not limited to, damages for loss of profits, use, goodwill, data or other intangible losses (even if Artefract has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
Artefract does not warrant that the service will meet your specific requirements, or that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.
You acknowledge that the Service (and therefore any data that you should upload to the service) is hosted by a third party (Heroku), using data storage services located in the United States. As such, your data is under the jurisdiction of American courts. This clause applies equally, irrespective of where in the world you reside.
You agree not to attempt to subvert or damage the service, or to attempt to bypass the security of the Service.
You agree not to use the Service for any illegal purpose. You also agree not to violate any laws in your jurisdiction. Should you use the Service in conjunction with illegal activities you agree to hold Artefract blameless, and not liable for damages or crimes that occur as a result. Your account will be immediately shut down, and your data deleted.
The failure of Artefract to exercise or enforce any right or provision of the Terms shall not constitue a waiver of such right or provision. The Terms constitutes the entire agreement between you and Artefract and govern your use of the Service, superceding any prior agreements between you and Artefract.
Accounts
Group accounts: The Service is designed to allow teams to collaborate together. Access to shared data is achieved by permitting multiple users to access the same "Group Account". All data that you enter into the Service will be accessible to anybody else who has been granted access to the Group Account with which your uploaded data is associated.
As the creator of a Group Account, you will automatically be granted administrative privileges on that account (as an "Administrator"), via your own personal account. If you create a Group Account on behalf of a company or legal entity, you agree that you have permission to represent that company or legal entity.
Administrators are able to invite people to create personal accounts that can access the Group Account.
Group Accounts are not permitted to be registered by automatic methods. Any accounts that have been created automatically may be terminated without notice.
Account details: When you register with the Service (either as an Administrator, or as a user who is later invited to join a Group Account) you agree to provide and maintain accurate information about yourself (such as your name and email address). Your personal data is subject to our privacy policy (see https://www.agileplannerapp.com/privacy).
Account security: As an account holder (of any sort) you are responsible for the security of your password and API keys, and must not share your login credentials with anybody else. Nor must you allow anybody else to access the Service using your account. Artefract cannot be held liable for loss or damage that occurs as a result of your failure to protect your login credentials.
Use of the Service
Storage limits: You understand that Artefract may, at some time in the future, impose a limit on the amount of storage space that is available on your account.
Liability for storage: You acknowledge that Artefract has no responsibility or liability for the failure to store or maintain data that is uploaded to the Service. Though we take regular backups of our database, you acknowledge that you are solely responsible for backing up your account data (Administrators can export the contents of their accounts via a link on their Account page).
Inappropriate content: You agree to not use the Service to post (or transmit via the Service) any content that is unlawful, harmful, threatening, abusive, harassing, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable. If, in the sole judgement of Artefract, you post or transmit any content that falls foul of this clause we reserve the right to delete the content from our Service and terminate your account.
Use of the API
You may access the Service via third party products that use our API. Any use of the Service via the API is covered by these Terms, and the following additional terms:
Unreasonably heavy use or abuse of the API may (at our sole discretion) result in the suspension of your account's access to the API. We will make reasonable attempts to contact you (via email) to warn you before taking action.
We reserve the right to discontinue your access to the API (in part, or in whole) at any time, with or without notice.
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
Copyright and Ownership
Copyright of the Service, Content and Software: The look, feel and design of the Service (including the use of the name, logos, domain names and other brand features) are copyright ©2012 Artefract Ltd. All rights are reserved. You may not duplicate, copy or re-use any portion of the Site, the HTML/CSS or JavaScript code from which it's built, or the visual elements or concepts of any part of the Service, without the express written permission of Artefract Ltd.
Your right to post content: Customers are solely responsible for the content that they post or upload to the Service. You agree not to post any content to which you do not have the rights.
Customer's intellectual property: We claim no intellectual property rights over the content that you upload to the Service ("User Content"). However, by uploading content to the Service you grant Artefract with a non-exclusive royalty free license to copy, transmit, store, modify and otherwise use your User Content in order to operate the Service.
Payment and Refunds
Free trial period: Before asking you for payment for use of the Service, we want you to know whether the Service is suitable for you. To that end, we allow 30 days of access to the Service before asking for payment, or your billing details.
Should you elect not to upgrade to a paid plan, the Service will no longer be accessible to you. However, any data that has been saved to your Group Account will be made freely available to you on request.
Upgrading to a paid plan: To continue using the service once the trial period has expired you must upgrade to a paid plan. A valid credit card is required for paid accounts. The fees due are shown on the pricing page (https://www.agileplannerapp.com/pricing).
Payment will be taken monthly by credit card, via a trusted third party payment provider. Should your payment be denied we will bring it to your attention via email, giving you a reasonable time frame (usually a week) within which to provide a valid credit card. Thereafter, if we are still unable to take payment, we reserve the right to suspend your account (and access to data you have stored on the service) until such time as a valid credit card is provided.
Changing your payment plan: Administrators may be able to change between multiple payment plans in order to gain access to features of the Service that are available on a more expensive plan. The credit card in use for their Group Account will be immediately charged, and the extra features will be made available immediately.
Should the plan be changed midway through a billing cycle, the customer's bill for that cycle will be adjusted on a pro-rated basis.
Cancellation of Accounts
Deleting a Group Account: Administrators can delete/cancel a Group Account at any time, using the "Delete Account" link on their account page. If you delete your Group Account we will delete all of your data immediately. This process is irreversible and all data on your account will be irretrievable.
Responsibility for cancelling an account lies with the Group Account's Administrators. An email requesting that an account be deleted or cancelled is not considered a cancellation.
If you want to keep a copy of your story cards, we recommend you download an export from your account page BEFORE deleting your account.
If an account is cancelled part way through a billing cycle, your payments will be cancelled from the beginning of your next billing cycle. If you'd like to receive a pro-rata refund for the time remaining on your current billing cycle, write to us and we will be happy to arrange it.
Deleting your personal account: If you wish to remove your personal account from our site you may do so by clicking the "Delete Account" link on your profile page. Your account will be deleted immediately and you will be logged out from the service. All data that you have entered into the site will remain (e.g. the text of stories to which you have contributed, or resources that you have uploaded), as will a record of all activity that you may have carried out (such as marking a story as "complete"). Your name will continue to be associated with these actions, and will be accessible to other users who have access to the Group Accounts to which you were connected.
If you are the only Administrator on a Group Account you will be required to assign another Administrator before you can delete your personal account. Alternatively, an Administrator may delete the entire Group Account, which will immediately (and irrevocably) remove all the data uploaded to a Group Account.
Refunds: We want you to be satisfied with our Service. If, after having upgraded to a paid plan, you change your mind about using the Service we will be happy to refund you the fee paid for your current monthly billing cycle. Write to us to request a refund. We will disable your account and process the refund to your credit card.
Modifications to Service and Prices
Artefract reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
The price of all our Services are subject to change upon 30 days notice. Notice will be provided either by posting the changes to the Site, or via email.
Artefract will not be liable to the Customer (or any third party) for any modification, price change, suspension or discontinuation of the Service.
List of changes
No changes have been made to the original document.