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- 55 Degrees | Cloud Product Agreement
Order agreement, terms and conditions, and DPA for 55 Degrees cloud products. Legal Agreements Cloud Products On-Prem Subscription Products On-Premise Perpetual Products Privacy Cookie Policy for Apps Privacy Statement Privacy: Customer Employees Privacy: Marketing Privacy: Websites Privacy: Questions, Complaints... Privacy: Suppliers Terms of Use Website Terms Community Terms Archives Order Agreement for Cloud Products Effective starting: November 26, 2024. See the legal archives for previous versions of this document. This Order Agreement has been entered into between 55 Degrees AB, with Swedish company reg. no. 559201-6843, hereinafter referred to as the ”Supplier ”, and the company stated when starting the subscription, hereinafter referred to as the ”Customer ”. 1. Background and General Terms 1.1. The Supplier and the Customer hereby agree that the Supplier will provide the Service to the Customer. 1.2. Words starting with capital letters are defined in this Order Agreement and at the end of the Terms in the appendix “definitions”. 1.3. The Agreement consists of this Order Agreement and the following appendices: Appendix 1 – the Terms , and Appendix 2 – the DPA . 1.4. In the event of a conflict between this Order Agreement and the appendices, the terms set out in the Order Agreement shall apply, except for what is stated regarding the processing of personal data, where the DPA shall take precedence. 2. Pricing and Payment 2.1. The Customer shall pay the prices that are stated on the point-of-sale, for example on the Supplier’s website, when the parties enter into the Subscription Agreement. 2.2. The prices agreed on in this Order Agreement apply at the time when the Order Agreement is concluded. Any prices are stated excluding value-added tax. 3. Term and Termination This Order Agreement becomes effective when the Customer has signed up to use the Service at (i) a third-party platform such as Atlassian or (ii) at the Supplier’s website, and this has been confirmed by the Supplier. The Order Agreement remains valid until terminated by either party according to the Terms. APPENDIX 1 The Supplier's General Terms and Conditions - Cloud Subscription Products 1. Background 1.1. These general terms and conditions (the “Terms ”) describes the legal terms and conditions that apply when the Customer subscribes to the Supplier’s Service. 1.2. The Customer is a company or organization and the individual representing the Customer warrants that he or she has authority to enter into a Subscription Agreement with the Supplier. 1.3. When entering into the Subscription Agreement, the Customer confirms that it is not listed on any official terrorist list or associated with any country or organization sanctioned by Sweden, the European Union, or the United States 2. The Service 2.1. The Supplier provides the Service to the Customer in accordance with the Subscription Agreement. 2.2. If the Customer purchased the Service at a third-party platform such as Atlassian, separate, additional terms may apply to the Customer’s use of such third party’s platform. The Supplier takes no responsibility for the Customer’s use of such third-party’s platform or any fault, damage or unavailability of the Service which is due to such third-party platform, regardless of whether such third-party takes responsibility according to its third-party terms. The Terms in this document apply only to the Customer’s use of the Service. 2.3. When the Customer purchases the Service, the Customer agrees to these Terms and is given a right to use the Service for the number of End-Users that has been agreed on in the Order Agreement and for the period for which the Subscription Agreement applies. The Customer can add more End-Users by placing additional orders. The Customer’s right to use the Service is non-exclusive, time-limited, and non-transferable and applies to the Customer’s own business, unless otherwise agreed in the Order Agreement. The right applies provided that the Customer fulfills its payment obligations and other obligations under the Subscription Agreement. 2.4. The Supplier is always trying to improve the Service and may from time to time make developments, additions and changes to the Service. 3. The Supplier's Obligations 3.1. The Supplier shall make the Service available as a SaaS service 3.2. The Supplier provides the Service according to the security practices stated on the website of the Supplier. 3.3. The Service is provided “as is”. The Service does not include any integrations to other systems or applications that the Customer may want to use together with the Service unless the parties have explicitly agreed otherwise in the Order Agreement. When integrations are included, the Supplier does not take responsibility for the continued functionality of such integrations if a third-party provider changes its service. 3.4. The Service shall be considered to have been made available when the Supplier has made it accessible to the Customer through the internet, e.g., by making it accessible for implementation. 4. Availability and Support 4.1. The Supplier’s intention is that the Service shall be fully available. 4.2. The Supplier may provide the Customer with online support services related to the Service at its discretion and for the sole purpose of addressing technical issues relating to the use of the Service. Any support is governed by the Supplier’s policies and programs described in any user manual, online documentation, and/or other materials provided by the Supplier. 4.3. Insignificant inconveniences shall not result in the Service being considered unavailable. In particular, the Service shall not be deemed unavailable when: a) the Supplier performs scheduled upgrades that affect the availability of the Service, of which the Customer has been informed no less then forty-eight (48) hours in advance; or b) the Service is down due to circumstances beyond the Supplier’s control, including, but not limited to, loss of network or communication, or due to third-party platforms such as Atlassian’s fault, disturbance, or lack of availability. 4.4. The Supplier shall rectify unavailability as soon as possible after becoming aware of such unavailability. The Supplier’s obligation to remedy the unavailability does not apply if the remedy would cause inconvenience and costs to the Supplier that are unreasonably large in relation to the significance of the unavailability for the Customer. 4.5. In the event the Service is unavailable or has an error which the Supplier deems critical for the functionality of the Service, the Customer’s sole and exclusive remedy shall, at the choice of the Supplier, be (i) either a refund of the monthly fee for using the Service, or (ii) a discount towards the cost of future purchases. Such remedy shall be calculated based on the month in which the error manifested itself and shall be in proportion to the effect for the Customer. The maximum remedy for a month shall be 50% of the price the Customer should have paid for the relevant time period. 5. The Customer's Obligations 5.1. Unless otherwise agreed, the Customer is responsible for the following : a) act of its employees, consultants or other persons appointed by the Customer to use the Service, in particular, the Customer shall make sure that the Customer’s End-Users do not share account access to individuals without authority to use the Service and take actions to avoid End-Users from sharing login credentials; b) not using the Service for competitive analysis or similar purposes; c) only use the Service for the number of End-Users or similar limitations that have been set out and agreed on when concluding the Order Agreement; d) keeping all passwords and login credentials confidential; e) to maintain any equipment and software required to use the Service, maintain the security of its IT-environment and to always use the Service in accordance with the Supplier’s Documentation; f) to provide the Supplier with information about the Customer and its use of the Service reasonably required by the Supplier to be able to provide the Service and make improvements, additions and changes to the Service, the Customer can be required to provide information about connection details and information about authorized user; g) notify the Supplier immediately at the Supplier’s support portal if the Service is unavailable; and h) to use the Service in accordance with all applicable laws, regulations and guidelines issued by a competent authority. 5.2. The Customer shall not use, copy, modify or give access to the Service to a greater extent than has been agreed on or is considered within the intended use of the Service. 5.3. The Supplier is not responsible for changes in the Service that occur because of the Customer’s actions. 5.4. If the Customer does not comply with the terms of the Subscription Agreement and does not rectify within ten (10) days of the Supplier notifying the Customer of the non-compliance, the Supplier is entitled to suspend the Service until rectification is made. The Supplier has the right to suspend the Customer immediately if the Customer’s actions impact on how the Service works. The Customer shall indemnify the Supplier for any costs or claims by a third-party based on the Customer’s use of the Service in violation of the terms of the Subscription Agreement. 6. Prices and Payment 6.1. The Customer shall pay the prices that the parties specifically have agreed on in the Order Agreement. 6.2. Unless otherwise explicitly agreed, the Supplier has the right to adjust prices at any time, such adjustments will take effect on the coming Subscription Term, i.e., when the Subscription Agreement is renewed. In addition, the Supplier may at any time adjust prices due to changes in regulations, taxes, fees, or similar circumstances beyond the Supplier’s control. 6.3. All fixed fees for the use of the Service shall be paid in advance. The first notification of payment is received together with the conclusion of the Order Agreement, if the Customer uses a Trial Period, the first notification of payment is received when the Trial Period ends, and the first Subscription Term starts. 6.4. Payment shall be made within thirty (30) days from the notification of payment was issued, unless otherwise agreed in writing. 6.5. If payment is late or incomplete, the Supplier is entitled to interest on overdue payment in accordance with the Swedish applicable interest act and a late payment charge and/or a debt collection fee according to applicable laws. 6.6. If full payment is not received by the Supplier and the Customer has not on reasonable grounds disputed the claim of payment, the Supplier has the right to (i) immediately suspend the use of the Service, and/or (ii) terminate the Subscription Agreement in accordance with section 8.3. 7. Trial Period and Early Access 7.1. If the Customer registers to use the Service for a free Trial Period, these Terms shall apply, in applicable parts, during the Trial Period. Sections that by their nature are not applicable during the Trial Period shall be inapplicable during such period, including but not limited to sections 4.1, 6, 8, 13.3, 13.4, 13.5, and 13.7. 7.2. When the Supplier offers a Trial Period or Early Access, the Supplier’s obligation is limited to providing the Customer with access to use the Service. Thus, the Supplier has no responsibility for the Service functioning in a certain way, or responsibility for providing the Customer with support or remedying any unavailability. However, the Supplier will usually make sure that the Service works as intended. The Supplier is neither liable for any direct or indirect damages due to the Customer’s use of the Service. 7.3. The term of the Subscription Agreement for the Customer’s Trial Period is stated when the Customer starts to use the Trial Period. When the term of the Trial Period has expired, the Customer may choose to continue using the Service and then pay for it in accordance with what is stated in the Terms. When the Trial Period has ended, the Customer will no longer have access to the Customer Data in the Service. 7.4. The Customer does not have the right to use more than one free Trial Period unless explicitly allowed by the licensing platform or the Supplier. The Customer shall reimburse the Supplier for any unallowed continued use of the Service during an additional Trial Period. Such reimbursement shall be coherent with the Supplier’s highest prices for the Service at that point in time. 7.5. The parties may at any time choose to end the Trial Period and the Customer will in that case no longer have access to the Service. The parties may as well at any time choose to end the Early Access and the Customer shall in such case have access to the Service without the Early Access features. 8. Term and Termination 8.1. The Subscription Agreement is provided for the Subscription Term. 8.2. If the parties have not agreed otherwise, the Subscription Agreement shall enter into force when the Order Agreement has been concluded (for example when the Customer has signed up to using the Service at the Supplier’s website and this has been confirmed by the Supplier). The Subscription Agreement is automatically renewed for an additional Subscription Term, unless otherwise agreed upon. 8.3. Either party can terminate the Subscription Agreement at any time. Such termination shall take effect immediately if termination is made by the Customer and shall take effect thirty (30) days after the termination if the termination is made by the Supplier. 8.4. The Supplier has the right to terminate the Subscription Agreement with immediate effect if: a) the Customer has committed a material breach of the Subscription Agreement and does not take full correction of such breach within thirty (30) days of the other party giving written notice thereof; or b) the Customer is declared bankrupt, enters into liquidation, cancels its payments, or can otherwise reasonably be assumed to have become insolvent. 8.5. When the Subscription Agreement has been terminated, the Customer shall immediately cease to use the Service and both parties shall return or delete such information that is covered by confidentiality in accordance with section 11, including Documentation. Unless the Customer explicitly asks for the Customer Data to be deleted immediately, any Customer Data that exists is stored for up to thirty (30) days after the Subscription Agreement has been terminated in case the Customer wants to reactivate the Subscription Agreement. The Supplier’s responsibility to delete Customer Data is limited to the Customer Data which the Supplier continues to have access to. 8.6. The Customer can in some cases be able to download the Customer Data prior to ending the Subscription Agreement. The Customer must reimburse the Supplier for the reasonable costs the Supplier has for aiding with the return. 9. Amendments 9.1. The Supplier may at any time make changes to the Subscription Agreement or the Service that do not impair the Subscription Agreement or the Service by giving the Customer thirty (30) days prior written notice. 9.2. If provisions of the GDPR change or if a supervisory authority issues guidelines, decisions, or regulations regarding the application of the GDPR during the term of the DPA, with the result that the DPA does not meet the requirements for a data processing agreement, the parties shall change the DPA to meet the requirements. 9.3. The Supplier may at any time make changes to the Subscription Agreement, other than according to sections 9.1 and 9.2, by giving the Customer a three (3) month’s prior written notice. The Customer may terminate the Subscription Agreement if the Customer has a reasonable explanation for not accepting the new Subscription Agreement by giving notice at latest one (1) month before the new Subscription Agreement will come into force. In such case, the Supplier shall pay back the amounts corresponding to the period the Customer has not been able to use the Service. The Customer may not terminate the Subscription Agreement if the grounds for a significant change to the Subscription Agreement is due to changes in law, constitution, by authority decision, or changes in other circumstances outside of the Supplier’s control. The Customer has the right to terminate the Subscription Agreement with immediate effect if such change entails a significant inconvenience for the Customer. 10. Personal Data 10.1. Within the scope of fulfilling the obligations under the Subscription Agreement, the Supplier will process personal data on behalf of the Customer. Within the scope of such processing, the Customer is the controller for personal data and the Supplier is the processor. For this purpose, the parties have entered into a DPA (Appendix 2). 10.2. The Supplier may gather and in other ways process personal data as data controller in order to improve the Service, including to develop and improve AI functionality within the Service. 11. Confidentiality 11.1. Both parties hereby agree not to, without the other party’s prior written approval, publish or otherwise disclose to third parties any information relating to the other party’s business which is or can be reasonably presumed to be confidential, with the exemption for: a) information that is or becomes publicly known, except through a breach of this Subscription Agreement by the receiving party; b) information from third-party that is public to the receiving party without obligation of confidentiality; c) information that was known to the receiving party prior to receipt from the disclosing party, without obligation of confidentiality; or d) the disclosure or use of information is required by law, regulations or any other regulatory body. In the event of such disclosure, the disclosing party shall, if possible, notify the other party before such disclosure takes place. 11.2. Specifically, the Supplier shall keep any Customer Data secret and ensure that employees only have access to the Customer Data if it is necessary to perform the Services, e.g., support- and maintenance (“need to know basis”). 11.3. Information that a party has stated as confidential shall always be regarded as confidential information. 11.4. Each party is responsible for compliance with this confidentiality undertaking by its respective subcontractors, consultants, and employees. The confidentiality undertaking under this section applies during the term of the Subscription Agreement and for a period of three (3) years after the Subscription Agreement has expired. The confidentiality undertaking for Customer Data applies for an indefinite period of time. 12. Publicity and Marketing 12.1. Unless the Customer has objected according to section 12.2, the Supplier may publicly state that the Customer is a customer of the Supplier. The Customer grants the Supplier the right to include the Customer’s name, trademark, logo, or similar identifying material in a listing of customers on the Supplier’s website and/or promotional material in relation to the Service. 12.2. The Customer may, via the Supplier’s support portal, ask the Supplier not to include information about the Customer in any publicly available material. Such a request can be made at any time, even before the Supplier has published information according to section 12.1. After a request from the Customer, the Supplier shall stop including information about the Customer in any publicly available material within thirty (30) days and as far as possible delete any already publicized information about the Customer. 13. Intellectual Property Rights 13.1. The Supplier or its licensors hold all rights, including intellectual property rights, to the Service and the Documentation (including, without limitation to, such development or improvements specifically performed on behalf of the Customer) including software and source code. Nothing in the Subscription Agreement shall be construed as a transfer of such rights, or any part thereof, to the Customer. For the avoidance of doubt, the Customer has no right to use, copy or develop, in any way, the intellectual property rights of 55 Degrees or its licensors, in or related to the Service and the Documentation, such as but not limited to, reverse engineer or decompile software and source code should Customer gain access to such. 13.2. The Supplier makes no warranties that any AI generated content will not infringe upon any intellectual property rights or other rights of third parties. 13.3. If it comes to the Supplier’s knowledge or is finally settled that the Customer’s use of the Service in accordance with this Subscription Agreement, infringes a third-party’s intellectual property rights, the Supplier may choose to either: a) ensure the Customer a continued right to use the Service; b) change the Service so that infringement no longer exists; c) replace the Service, or any part thereof, with any other non-infringing equivalent service; or d) terminate or temporarily cease to provide the Service and, after deducting the Customer’s reasonable benefit, repay the Customer’s fee that has already been paid for the Service and which relates to time when the Customer is not able to use the Service, without interest. 13.4. Should the Customer be aware of any infringement claims directed towards the Customer related to the Customer’s use of the Service, the Customer shall immediately inform the Supplier. 13.5. The Supplier has the right to freely use the know-how, professional knowledge, experience, and skills that the Supplier acquires through or in connection with providing the Service. 13.6. The Supplier’s obligations under this section 13 are conditional upon the Customer’s use of the Service exclusively in accordance with the terms of the Subscription Agreement and the Customer fulfilling section 13.4. 13.7. This section 13 constitutes the Supplier’s total liability towards the Customer for any claims related to intellectual property rights. 13.8. The Customer has all rights, including intellectual property rights, to the Customer Data. During the term of the Subscription Agreement, the Supplier may use the Customer Data and data related to the Customer’s use of the Service (personal data excluded) in order to provide the Service to the Customers successfully. 14. Limitation of Liability 14.1. The Supplier’s responsibility for the provision of the Service is limited in accordance with what is stated in these Terms. 14.2. The Supplier is – with the limitations set out below – liable towards the Customer for damages caused due to the Supplier’s negligence. However, the Supplier is not liable for damages caused by third-party platforms as Atlassian, including any fault, disturbance or unavailability caused by such third-party platform, or any integrations to other systems or applications that the Customer may want to use the Service together with, or modifications or changes to the Service made according to the Customer’s instructions or performed by anyone other than the Supplier (including but not limited to the Customer and Customer’s suppliers). 14.3. The Service is provided on an “as-is” basis without any express or implicit promises or guarantees. The Supplier shall not be responsible for any decisions made by the Customer based on the use of any integrated AI-functionality in the Service, nor for any outcomes or results derived from the use of any AI-functionality in the Service, including any user-generated content. 14.4. Notwithstanding the above, the Supplier shall under no circumstance be liable for indirect damages (Sw. indirekt skada), including damages caused by loss of profit, revenue, anticipated savings or goodwill, loss of information or Customer Data, loss due to operational, business, power or network interruptions, loss due to modifications of the Service made in accordance with the Customer’s instructions or performed by anyone other than the Supplier, as well as any claims due to the Customer’s possible liability to third parties; without prejudice to section 13.3. The Supplier is neither liable for any claims deriving from the Customer’s relationship with any third-party platform such as Atlassian where the Service was purchased or integrated with. 14.5. The Supplier’s total and aggregate liability under the Subscription Agreement regardless of the number of incidents, is limited to the amount paid by the Customer according to the Subscription Agreement during the twelve (12) months prior to the time the damage occurred. 14.6. The Customer shall, in order not to lose its right, submit a claim for compensation in writing no later than ninety (90) days after the Customer noticed, or should have noticed, the actual damage or loss, however in no case later than six (6) months from when the loss arose. 14.7. In case of a claim from a third-party, the party responsible for such claim shall indemnify and hold the other party harmless. 15. Force Majeure 15.1. Each party shall be relieved from liability for damages for a failure to perform any obligation under the Subscription Agreement to the extent that the due performance is prevented by reason of any circumstance beyond the control of the party. Such as internet limitation or slow connection, power outages, network intrusion, lawsuits, pandemics, labor disputes, loss of communications, mobilization or large-scale military recruits, ordinances, rationing of fuel, goods or energy, and defects and delays in deliveries from subcontractors caused by any party outside the party’s control provided that the other party is notified immediately. 15.2. The parties have the right to terminate the Subscription Agreement immediately if force majeure continues or will obviously continue for more than sixty (60) days. 16. Miscellaneous 16.1. The Supplier is entitled to assign subcontractors to accomplish its obligations under the Subscription Agreement. The Supplier is liable for the work of the subcontractors as well as its own. 16.2. The primary means of communication between the parties concerning the Service shall be the support portal . 16.3. The content of the Subscription Agreement and its appendices shall supersede all previous written or oral commitments and undertakings. 16.4. The documents described in the definition of the Subscription Agreement shall have mutual priority in the following order: (i) the Order Agreement, (ii) the Terms and (iii) any annexes. Any annexes shall have priority over each other in accordance with the order set out in the Order Agreement. 16.5. The Subscription Agreement may not be transferred to a third-party without the other party’s prior written consent. However, the parties are allowed to transfer the Subscription Agreement to companies within the same corporate group and in a situation of transferring the Supplier’s operation or a part thereof, the Supplier is admissible to transfer the Subscription Agreement to a third-party. 16.6. The failure of a party to exercise any right under the Subscription Agreement or the failure to point out any particular condition attributable to the Subscription Agreement shall not constitute a waiver by a party of such right. 16.7. The following sections apply even after the termination of the Subscription Agreement: 8 (Term and termination), 11 (Confidentiality), 13 (Intellectual Property Rights), 14 (Limitation of Liability), and 17 (Governing Law and Disputes). 17. Governing Law and Disputes 17.1. The Subscription Agreement shall be governed by and construed in accordance with the laws of Sweden. 17.2. Any dispute arising out of or in connection with the Subscription Agreement shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Institute”). 17.3. The Rules for Expedited Arbitrations shall apply, unless the SCC Institute, considering the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the SCC Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators. 17.4. The place of arbitration shall be Malmö. The language of the proceedings shall be Swedish and Swedish law shall apply to the dispute. Regardless of what has just been said, the Supplier shall always have the right to apply for an injunction to payment or bring an action regarding non-payment in a general court. Definitions ”Customer” means the company specified in the Order Agreement as a customer or the person who otherwise agrees with the Supplier to use the Service. ”Customer Data” means any data that is provided to the Supplier by or on behalf of the Customer through the use of the Service. ”Documentation” any instruction or other documentation that the Supplier provides to the Customer at any time. “DPA” means the data processing agreement concluded between the parties. “End-Users” means the individual who uses the Service as part of the Customer’s Subscription Agreement. “Early Access” means a time limited period for which the parties have agreed that the Customer shall test new features or a beta version of the Service. The version of the Service used during Early Access is under ongoing development by the Supplier and therefore not complete or equivalent to the Service. “Order Agreement” means the contract between the Customer and the Supplier that includes Customer details and specific terms in relation to the Customer’s purchase of the Service or Subscription Agreement to use the Service. The Order Agreement may be constituted by a document signed by the Customer, an offer accepted by the Customer, an e-mail or a web form at the Supplier’s website where the Customer has provided its credentials and signed up to use the Service. “Service” means the products or services provided to the Customer according to the Subscription Agreement. “Subscription Term” means the term agreed upon in the Order Agreement. ”Subscription Agreement” means the contractual agreement between the parties no matter in what form, including the Order Agreement, these Terms, the DPA and any appendices mentioned in the Order Agreement, in the Terms or in the DPA. “Supplier” means the company providing the Service which the Customer has concluded the Subscription Agreement with. “Trial Period” means a time limited period for which the parties have agreed that the Customer is entitled to use the Service for the sole purpose of evaluation prior to purchase. Data Processing Agreement APPENDIX 2 Effective July 5, 2023 1. Background and Interpretation 1.1. The Supplier will upon performance of the Subscription Agreement when providing its Service process personal data on behalf of the Customer, in the capacity of the Customer’s processor. The Supplier will process personal data for which the Customer is the controller. 1.2. This Data Processing Agreement (the "DPA ") forms an integral part of the Subscription Agreement. The purpose of this DPA is to ensure a secure, correct and legal processing of personal data and to comply with applicable requirements for data processing agreements as well as to ensure adequate protection for the personal data processed within the scope of the Subscription Agreement. 1.3. Any terms used in this DPA, e.g. processing, personal data, data subjects, supervisory authority, etc., shall primarily have the meaning as stated in the European Parliament and the Council Regulation (EU) 2016/679 (the "GDPR ") and otherwise in accordance with the Subscription Agreement, unless otherwise clearly indicated by the circumstances. 1.4. In light of the above, the parties have agreed as follows: 2. Instructions and Responsibilities 2.1. The type of personal data and categories of data subjects processed by the Supplier under this DPA and the purpose, nature, duration, and objects of this processing, are described in the instructions on processing of personal data in Appendix 2A or the written instructions that the Customer provides from time to time. The Supplier shall not process additional categories of personal data or personal data in relation to other data subjects than those specified in Appendix 2A. 2.2. The Customer is responsible for complying with the GDPR. The Customer shall in particular: a) be a contact person towards data subjects and i.e. respond to their inquiries regarding the processing of personal data; b) ensure the lawfulness of the processing of personal data, provide information to data subjects pursuant to Articles 12-14 in the GDPR and maintain a record of processing activities under its responsibility; c) provide the Supplier with documented instructions for the Supplier’ processing of personal data, including instructions regarding the subject-matter, duration, nature and purpose of the processing as well as the type of personal data and categories of data subjects; d) immediately inform the Supplier of changes that affect the Supplier’s obligations under this DPA; e) immediately inform the Supplier if a third-party takes action or lodges a claim against the Customer as a result of the Supplier’s processing under this DPA; and f) immediately inform the Supplier if anyone else is a joint controller with the Customer of the relevant personal data. 2.3. When processing personal data, the Supplier shall: a) only process personal data in accordance with the Customer’s documented instructions, which at the time of the parties entering into this DPA are set out in Appendix 2A ; b) ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality; c) maintain an adequate level of security for the personal data by implementing all technical and organizational measures set out in Article 32 of the GDPR in the manner set out in section 3 below; d) respect the conditions referred to in paragraphs 2 and 4 of Article 28 of the GDPR for engaging a sub-processor; e) taking into account the nature of the processing, assist the Customer by appropriate technical and organizational measures, insofar as it is possible, for the fulfilment of the Customer’s obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the GDPR; f) assist the Customer in ensuring compliance with the obligations pursuant to Articles 32-36 of the GDPR, taking into account the nature of the processing and the information available to the Supplier; g) at the choice of the Customer, delete or return all the personal data to the Customer after the end of the Subscription Agreement, and delete existing copies, unless EU law or applicable national law of an EU Member State requires storage of the personal data; and h) make available to the Customer all information necessary to demonstrate compliance with the obligations laid down in Article 28 in the GDPR and this DPA and allow for and contribute to audits, including inspections, conducted by the Customer or another auditor agreed upon by the parties. 2.4. The Supplier shall notify the Customer without undue delay, if, in the Supplier’s opinion, an instruction infringes the GDPR. In addition, the Supplier is to immediately inform the Customer of any changes affecting the Supplier’s obligations pursuant to this DPA. 3. Security 3.1. The Supplier shall implement technical and organisational security measures in order to protect the personal data against destruction, alteration, unauthorised disclosure and unauthorised access. The measures shall ensure a level of security that is appropriate considering the state of the art, the costs of implementation, the nature, scope, context and purpose of the processing as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons. The Supplier may amend its technical and organisational measures. 3.2. The Supplier shall notify the Customer of accidental or unauthorised access to personal data or any other personal data breach without undue delay after becoming aware of such data breach and pursuant to Article 33 of the GDPR. Such notification shall not in any manner imply that the Supplier has committed any wrongful act or omission, or that the Supplier shall become liable for the personal data breach. 3.3. If the Customer during the term of this DPA requires that the Supplier takes additional security measures, the Supplier shall as far as possible meet such requirements provided that the Customer pays and takes responsibility for any and all costs associated with such additional measures. 4. Sub-processors and Transfers to Third Countries 4.1. The Customer hereby grants the Supplier with a general authorization to engage sub-processors. Sub-processors are listed in the list of sub-contractors in Appendix 2B . The Supplier shall enter into a data processing agreement with each sub-processor, according to which, the same data protection obligations as set out in this DPA, are imposed upon the sub-processor. 4.2. The Supplier shall inform the Customer of any intended changes concerning the addition or replacement of sub-processors, thereby giving the Customer the opportunity to object to such changes. Such objection shall be made in writing and within thirty (30) calendar days after the Supplier has informed the Customer about the intended changes. If the Customer objects to the Supplier engaging a sub-processor and the parties cannot agree, within reasonable time, on the new sub-processor’s engagement in the processing of personal data, the Supplier can terminate the Subscription Agreement. 4.3. If the Supplier and/or sub-processors transfers personal data outside the EU/EEA, such transfer shall always comply with the applicable data protection requirements according to the GDPR and related data protection legislation. The Supplier shall keep the Customer informed about the legal grounds for the transfer. 4.4. The Customer is aware that, if they use the Service within a host product, the vendor of the host product (e.g. Atlassian or Microsoft) from time to time may update or change its data processing agreement, including but not limited to its list of used sub-processors or regarding transfers to third countries. The Customer acknowledges that the Supplier cannot control or impact any such update or change and that a change to such third party's data processing agreement, including any addition or change of a sub-processor, may be effective immediately. The Customer understands that it therefore will be practically impossible for the Customer to successfully object to such changes or updates and still continue to use the Service. 5. Compensation and Limitation of Liability 5.1. The Supplier is not entitled to any additional compensation for the processing of personal data in accordance with this DPA, instead the compensation provided pursuant to the Subscription Agreement also encompasses the measures in this DPA. 5.2. Each party shall be responsible for any damages and administrative fines imposed to it under articles 82 and/or 83 of the GDPR. 5.3. Notwithstanding any limitation of liability in the Subscription Agreement, each party’s liability under this DPA shall be limited to direct damages. In addition, the Supplier’s liability shall be limited to an amount corresponding to the fees paid by the Customer to the Supplier under the Subscription Agreement for a period of six (6) months before the damage occurred. 6. Term and Termination 6.1. This DPA becomes effective when the Subscription Agreement has been entered into. 6.2. Upon termination of the Subscription Agreement, the Supplier shall at the choice of the Customer, delete all the personal data or return it to the Customer, and ensure that each sub-processor does the same. 6.3. This DPA remains in force as long as the Supplier processes personal data on behalf of the Customer, including deletion or returning of personal data according to section 6.2 above. This DPA shall thereafter cease to apply. Sections 5 and 6.2 shall continue to apply even after this DPA has been terminated. APPENDIX 2A Instructions on Processing of Personal Data Purposes The Supplier processes personal data in order to fulfil the Subscription Agreement. This means that the Supplier processes personal data for the following purposes: Enabling subscription management, Provide the Service to End-Users, Provide products features of the Service to End-Users, Authenticate and authorize End-Users, and Handle customer support cases. Categories of personal data Categories of personal data that will be processed by the Supplier include: Name, E-mail address, Unique identifier of the device using the Service, and Information about how the Service is used, and Pseudonymized End-User data, such as ID. Categories of data subjects End-Users. Retention time Personal data gathered for the purposes of end user authentication and authorization or for providing the service and its features to End-Users will be kept for the duration of this Agreement and up to 90 days afterward to ensure smooth restoration of data if you return as a customer. Personal data gathered for the purpose of handling support cases is kept while the support matter is resolved and for up to 12 months thereafter. The retention of this data allows us to provide you with a history of reported issues from your account. Please note that we aim to delete sensitive attachments such as HAR files within three months of the closure of the support request. Requests from the Customer to delete specific End-User data early will be carried out whenever it is possible to do so without disrupting the ongoing provision of services to the Customer. Processing operations The Supplier process the personal data of End-Users in the following ways. All products: To provide information about End-User subscription utilization. To technically enable the Service to be used by End-Users. To enable product features, such as enabling sharing of protected content, including to develop and improve AI functionality in the Service. To provide customer support when the Customers open a support request via e-mail or via the Supplier’s support portal. ActionableAgile Analytics (SaaS): To authenticate and authorize users for the application. To identify active entitlement to support ActionableAgile for Azure DevOps: To authorize End-Users for the application. To identify active entitlement to support. Information Security Measures Security Practices Application-specific Data Security and Privacy Statements Security Advisories and related policy APPENDIX 2B Sub-Processors The tables below list sub-processors used by the Supplier for the specific purposes listed in this DPA. Specific information about what data is processed for these purposes and a full list of the Supplier’s sub-processors used for various purposes are described on the Supplier’s support portal. General sub-processors Name Purpose Location of processing Atlassian Corporation Plc (Jira Service Management) DPA | International Data Transfers The Customer and End-User support management service provider Europe.* * Customer Account data (name, email address) is stored across the Global AWS Regions. Read more RefinedWiki (Refined) DPA upon request Authentication and Request Management for our Customer support portal Europe Additional product-specific sub-processors ActionableAgile Analytics (analytics.actionableagile.com) Name Purpose Location of processing Amazon AWS DPA | Supplementary Addendum | UK Addendum Storage for configurations required for operation of applications or features; Handling data regarding subscription utilization by End-Users Europe (Stockholm) Google (Firebase) DPA Authentication and License authorization Europe ActionableAgile for Azure DevOps Name Purpose Location of Processing Amazon AWS DPA | Supplementary Addendum | UK Addendum License authorization; Storage for configurations required for operation of applications or features; Handling data regarding subscription utilization by End-Users Europe (Stockholm) Google (Firebase) DPA License authorization (data storage) Europe ActionableAgile for Jira Cloud Name Purpose Location of processing Amazon AWS DPA | Supplementary Addendum | UK Addendum Storage for configurations required for operation of applications or features Europe (Stockholm), Additional options for qualifying customers : - USA (Virginia) - Australia (Sydney) Klar for Jira Cloud Name Purpose Location of processing Atlassian Corporation Plc (Forge Platform) DPA | International Data Transfers Hosting Platform used for Customer Data Storage; Handling data regarding subscription utilization by End-Users USA Portfolio Forecaster for Jira Cloud Name Purpose Location of processing Amazon AWS DPA | Supplementary Addendum | UK Addendum Storage for configurations required for operation of applications or features; Handling data regarding subscription utilization by End-Users Europe (Stockholm) Terms Definitions Subprocessors DPA Instructions
- 55 Degrees | Privacy Policy: Newsletters and other marketing
This policy informs you about how we process your personal data when you receive our surveys, newsletters, or other marketing and what rights you have regarding this data processing. Legal Agreements Cloud Products On-Prem Subscription Products On-Premise Perpetual Products Privacy Cookie Policy for Apps Privacy Statement Privacy: Customer Employees Privacy: Marketing Privacy: Websites Privacy: Questions, Complaints... Privacy: Suppliers Terms of Use Website Terms Community Terms Archives Privacy Policy If you receive our surveys, newsletters, or other marketing We at 55 Degrees AB (" 55 Degrees ", "we "," our ", and" us ") care about your privacy and want you to feel safe when we process your personal data. In this privacy policy, we want to inform you about how we process your personal data when you receive our surveys, newsletters, or other marketing and what rights you have regarding this data processing. Our goal is to be as transparent as possible regarding our processing of your personal data – do not hesitate to contact us with any questions you have! In short When you subscribe to our newsletters, we process your personal data as necessary to: - send surveys, newsletters, and other marketing to existing customers/attendees , - send newsletters to you, - send newsletters and other marketing to potential customers , and - analyze how you use our newsletters (e.g., what you click on) to improve and develop the newsletters we send. If you unsubscribe from receiving our newsletters, we keep track of your wish in an “unsubscribe list ” to avoid sending you any marketing material. Below you will find information about the processing and storage time of your personal data that we at 55 Degrees are responsible for when you subscribe to our newsletters. Here you can find all our privacy policies which describe how we process personal data in other situations, e.g., if you work for a company that is a customer of 55 Degrees, if you visit our website, or if you are otherwise in contact with us. Your rights Below you will find a detailed description of your rights and how to exercise them. In summary, you have the following rights: the right to lodge a complaint with a supervisory authority, the right to withdraw your consent to our processing , the right to access what personal data we process about you, the right to object to our processing, the right to erasure of the personal data we process, the right to rectification of any personal data that is inaccurate, the right to restrict our processing, and the right to data portability . If you have any questions about your rights or want to exercise any of your rights, you are more than welcome to contact us. Below you can read more about: By pressing the selected heading, you will be moved to the relevant paragraph. Who is responsible and how to contact us? A detailed description of how we process your personal data Who can gain access to your personal data and why? What are your rights when we process your personal data? Detailed description Balancing of interests assessments when processing personal data based on the legal basis of “legitimate interests” When we refer to "your company" in this privacy policy, we refer to your employer or the organization or public body that you represent. Who is responsible, and how to contact us? We at 55 Degrees are generally processing personal data on the instructions of our customers, i.e., as processors. When you receive our surveys, newsletters, or other marketing, it is 55 Degrees AB that is responsible for the processing of your personal data. If you have any questions or if you wish to exercise any of your rights, we are available at: Full name of legal entity: 55 Degrees AB (organization number 559201-6843) E-mail address: privacy@55degrees.se Mailing address: Lilla Nygatan 7, 211 38 Malmö, Sweden A detailed description of how we process your personal data Below you will find a detailed description of how we process your personal data. We gather your personal data directly from you and provide some personal data ourselves by analyzing how you use our newsletters. To send surveys, newsletters and other marketing to existing customers/attendees What processing we perform Send information about news and marketing so you can keep up with updates on services and workshops ("newsletters"). Send follow-up e-mails and evaluation requests regarding our services/workshop ("surveys"). Administer survey answers. In our privacy policy for customers , you will find more information about how we process your personal data when your company uses our services and when you attend a workshop. What personal data we process Your name E-mail address Our legal basis for the processing: Legitimate interest (Article 6.1.f GDPR) Your personal data will be processed based on our legitimate interest to contact and send newsletters and surveys to representatives of customers Storage period: If you have attended a workshop, we may contact you for up to 12 months after the completion of the workshop. Otherwise, you continue to receive e-mails for as long as you are a customer. If you unsubscribe or object from receiving our e-mails, we keep track of this in our “unsubscribe-list” to avoid sending you any further marketing material. If you answer a survey, we will store the result for 12 months after you answer it. We will delete your personal data if you ask us to and stop sending you evaluations if you object to receiving them. To send newsletters to subscribers What processing we perform Send information about news and marketing for you to keep up with updates on produ cts, services, and community events (“newsletters”). We send newsletters to those who have chosen to subscribe to our newsletters. What personal data we process Your name if you have chosen to provide it to us E-mail address The list of subscriptions you have chosen Our legal basis for the processing: Consent (Article 6.1.a GDPR) We collect your consent to send newsletters to you. You can withdraw your consent and object to our marketing at any time. Storage period: You continue to receive e-mails until you choose to unsubscribe. If you unsubscribe or object from receiving our e-mails, we keep track of this in our “unsubscribe-list” to avoid sending you any further marketing material. To send newsletters to potential customers What processing we perform Contact and send marketing about our services and workshops to you who are working at a company which is a potential customer to us. What personal data we process Your name E-mail address Position and information about the company that you work for Information about you e.g. from the website of your company Information from you, e.g. via e-mail Our legal basis for the processing: Legitimate interest (Article 6.1.f GDPR) Your personal data will be processed based on our legitimate interest to contact and send marketing to representatives of potential customers Storage period: If you are a potential customer with no previous contact with us, we process your personal data for 6 months from when we collected the personal data if we do not have any continued contact with you. If you unsubscribe or object from receiving our e-mails, we keep track of this in our “unsubscribe-list” to avoid sending you any further marketing material. To improve and develop the e-mails we send What processing we perform Improve and develop the newsletters we send by analyzing how you open them and what you click on in the newsletter. We do this with the help of our service provider Sendinblue. Do you want to know more about this type of analysis? Please contact us. What personal data we process Information about how you open our newsletters and what you click on Information about your device IP-address Information about when and where you started subscribing to our newsletters Our legal basis for the processing: Legitimate interest (Article 6.1.f GDPR) Your personal data will be processed based on our legitimate interest to improve and develop our newsletters and marketing Storage period: We continue to improve and develop our newsletters for as long as you receive them. Thereafter we anonymize the information we have gathered If you object to receiving marketing from us We will store information about you if you choose to object to receiving marketing from us. We have received the information from you. To comply with marketing legislation What processing we perform If you have stated that you do not wish to receive marketing from us, we will store such information in an “unsubscribe list” to make sure we do not send any marketing to you. What personal data we process Name E-mail address Our legal basis for the processing: Legal obligation (Article 6.1.c GDPR) The processing is necessary to comply with legal obligations which we are subject to, i.e., marketing law, which requires us not to send marketing material to individuals who have objected to receiving such marketing. We cannot make sure you will not receive marketing from us without processing your personal data for this purpose, and you are therefore required to provide your personal data to us. Storage period: You will be listed in our “unsubscribe list” until further notice. Who can gain access to your personal data and why? We do not sell your personal data or share it with other parties unless necessary. This means that your personal data will be handled by our employees but only by the personnel needing such access to conduct their work. We need to work with third parties to conduct our business. To be able to send surveys, newsletters, and other marketing in an efficient way, we use the newsletter provider Sendinblue which will process your personal data on our behalf and follow our instructions. This means that we are responsible for any sharing of your personal data with such suppliers and to ensure that your personal data is safe when shared with third parties. We do not transfer your personal data outside of the EU/EEA. What are your rights when we process your personal data? Detailed description You have certain rights that you can exercise to affect how we process your personal data. You can read a more detailed description of what those rights are below. If you want to know more about your rights or if you want to exercise any of your rights, please contact us, and we will help you. Right to lodge a complaint with a supervisory authority (Article 77 GDPR) You have the right to lodge a complaint with a supervisory authority. The supervisory authority in Sweden is the Swedish Authority for Privacy Protection (Integritetsskyddsmyndigheten, the IMY). In detail: Your right to complain exists without prejudice to any other administrative or judicial remedy. You have the right to lodge a complaint with a supervisory authority in the EU/EEA member state of your habitual residence, place of work, or place where the alleged infringement of applicable data protection laws has allegedly occurred. The supervisory authority has an obligation of informing you of the progress and the outcome of the complaint, including the possibility of a judicial remedy. Right to withdraw consent (Article 7.3 GDPR) You have the right to withdraw your consent at any time by contacting us. In detail: The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Right to access (Article 15 GDPR) You have the right to obtain confirmation as to whether we are processing personal data concerning you or not. You can make a request by contacting us. If we do process your personal data, you also have a right to obtain a copy of the personal data processed by us as well as information about our processing of your personal data. In detail. The information we provide includes the following: the purposes of the processing, the categories of personal data concerned, the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations, where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period, the existence of the right to request rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing, the right to lodge a complaint with a supervisory authority, if the personal data are not collected from you, we provide you with available information about the source of the personal data; the existence of automated decision-making, including profiling, referred to in Articles 22.1 and 22.4 GDPR and, in those cases, meaningful information about the logic involved, as well as the significance and the predicted consequences of such processing; and where your personal data are transferred to a third country or to an international organization, you have the right to information regarding the appropriate safeguards, pursuant to Article 46 GDPR, put in place for the transfer. For any further copies of the personal data undergoing processing requested by you, we may charge a reasonable fee based on administrative costs. If you have made the request by electronic means the information will be provided to you in a commonly used electronic form, unless otherwise requested by you. Your right to obtain a copy referred to above shall not adversely affect the rights and freedoms of others. Right to object (Article 21 GDPR) You have the right to object to our processing of your personal data at any time. In detail: Your right to object applies as follows: Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where you object to processing for direct marketing purposes, you have an unconditional right to have the processing of your personal data for such purposes ceased. In the context of the use of information society services, and regardless of Directive 2002/58/EC (ePrivacy Directive, or ePD), you may exercise your right to object by automated means using technical specifications Right to erasure (“the right to be forgotten”) (Article 17 GDPR) You have the right to ask us to erase your personal data. In detail. We are obligated to erase your personal data without undue delay where one of the following grounds applies: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed, you withdraw your consent on which the processing is based, and there is no other legal ground for the processing, the personal data have been unlawfully processed, or the personal data have to be erased for compliance with a legal obligation in Union or Member State law that applies to us. We will notify any erasure of personal data carried out in accordance with your rights stated above to each recipient to whom the personal data have been provided to unless this proves impossible or involves disproportionate effort. If you want information about those recipients, you are more than welcome to contact us. Please note that our obligation to erase and inform according to the above shall not apply to the extent processing is necessary: for exercising the right of freedom of expression and information, for compliance with a legal obligation that requires processing by Union or Member State law that applies to us, or for the establishment, exercise, or defence of legal claims. Right to rectification of processing (Article 16 GDPR) You have the right to obtain, without undue delay, the rectification of inaccurate personal data concerning you. In detail: Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement. We will communicate any rectification of personal data to each recipient to whom the personal data have been provided unless this proves impossible or involves disproportionate effort. If you want information about those recipients, you are more than welcome to contact us. Right to restriction of processing (Article 18 GDPR) You have the right to obtain from us restrictions on the processing of your personal data. In detail: Your right applies if: the accuracy of the personal data is contested by you, during a period enabling us to verify the accuracy of the personal data, the processing is unlawful, and you oppose the erasure of the personal data and instead request the restriction of their use, or you need the personal data for the establishment, exercise, or defence of legal claims even though we no longer need the personal data for the purposes of processing. Where the processing has been restricted according to above, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. We will notify each recipient to whom the personal data has been provided about any restriction of processing according to above, if this do not occur to be impossible or entails a disproportionate effort. If you want more information about these recipients, you are welcome to contact us Right to data portability (Article 20 GDPR) You have the right to receive your personal data (that you have provided to us) from us in a structured, commonly used and machine-readable format and, where technically feasible, have your personal data transferred to another data controller (“data portability”). In detail: The right applies if: the processing is based on the lawful basis consent, and the processing is carried out by automated means. The exercise of the right to data portability shall be without prejudice to the right to erasure, i.e. Article 17. Your right to data portability shall not adversely affect the rights and freedoms of others. Balancing of interests assessments when processing personal data based on the legal basis of “legitimate interests” As we state above, for some purposes, we process your personal data based on our “legitimate interest.” By carrying out a balancing of interests assessment concerning our processing of your personal data, we have concluded that our legitimate interest in the processing outweighs your interests or rights, which require the protection of your personal data. If you want more information in relation to our balancing of interests assessments, please do not hesitate to contact us. Our contact information can be found at the beginning of this privacy policy. This privacy policy was adopted on February 16, 2023. responsible description access where rights rights-complaint rights-access rights-object rights-erasure rights-rectify rights-restrict rights-withdraw portability send-subscribers improve-emails comply interests send-potential-customers send-existing-customers
- 55 Degrees | Products - Inspekt
Inspekt allows Jira users to access hard to reach data from issues history to understand how workflows are used, see on issue's time and frequency in status, and how much time issues spend waiting, and more! See how work really moves through your workflow The Workflow Usage Patterns Report helps you understand how people use your workflow by showing you where issues go next when they leave any workflow status. Use this information to streamline workflows or educate users! Inspect your workflow. Take data-driven action Allow Jira users to access hard-to-reach data from issue history to understand how workflows are used, see an issue's time and frequency in status, and how much time issues spend waiting, and more! How Inspekt can help Let the issue data show you where work gets stuck The Raw Workflow Data Report shows when an issue moves into a status, how long it stays there, how often it goes there, and how many assignees it has had. You can view this in Jira or export it to run your own reports! See where idle time is hurting your productivity Our project-level Flow Efficiency report shows the percentage of time issues are being actively worked. See data overall, by priority, by issue type, and more. See low numbers? Look for opportunities to reduce idle time. Purchasing Options Start your free trial Inspekt is exclusively available as an app that embeds directly in your Jira Cloud. Every Jira user is automatically licensed! Try Inspekt for free for at least 30 days! 55 Degrees is a Platinum Atlassian Marketplace Partner. Inspekt for Jira participates in Atlassian's security programs and is Cloud Fortified
- 55 Degrees | Products - Portfolio Forecaster
Portfolio Forecaster is a forecasting tool for Jira users that allows you to quickly generate up-to-date, automated forecasts on the epics or versions in your projects by running Monte Carlo simulations usign your historical data and risk tolerance Automated forecasts Always up-to-date Quickly generate up-to-date, automated forecasts on the epics or versions in your Jira projects with Monte Carlo simulations that use your historical data and your tolerance for risk. Minimize the time and effort you spend forecasting! Answer key questions with Portfolio Forecaster How likely is it that it will be finished by the due date? Our Monte Carlo simulations use your historical data to forecast how likely it is that you'll meet your desired due date for each epic or version. How certain are we about this forecast? In Portfolio Forecaster you can control the level of confidence in your forecast. That sets the probability of finishing by the shown forecasted dates. How will our choices impact the forecast? What would happen if we started more epics? Fewer? What if we changed their priority? You can use Portfolio Forecaster for what-if scenarios and have collaborative conversations early and often! Purchasing Options Start your free trial Portfolio Forecaster is exclusively available as an app that embeds directly in your Jira Cloud, Server, or Data Center instance. Every Jira user is automatically licensed! Try Portfolio Forecaster for free for at least 30 days! 55 Degrees is a Platinum Atlassian Marketplace Partner. Portfolio Forecaster for Jira participates in Atlassian's security programs and is Cloud Fortified
- 55 Degrees | Intro to ActionableAgile Analytics
Online, small-group training for the ActionableAgile Analytics app. Choose from our SaaS, Jira or Azure DevOps versions! Introduction to ActionableAgile Analytics Learn how to optimize your workflow and achieve maximum efficiency. Enquire About Training Get Started: Level-up in 2 hours Our Introduction to ActionableAgile Analytics is a 2-hour virtual course designed for small groups, making it easy to dive into the basics and master your workflows. Expert-Led Courses We've teamed up with Automation Consultants to bring you expert-led sessions focused on ActionableAgile Analytics for Jira users. For Azure and Standalone users, our Customer Experience Team is here to guide you every step of the way. Customers in our Customer Success Program also get access to tailored sessions for even greater success. Enhance Your Expertise This course is designed to help you learn and enhance your expertise. If you have support-related concerns, please submit them through our support portal before the workshop, and we'll ensure they're addressed so you can stay fully engaged during the session. Submit support issues HERE Course Details A guide to learning outcomes, agenda, and certification. Learning Outcomes Ability to navigate through the ActionableAgile Analytics tool effectively. Ability to read and configure charts for four key flow metrics: Cycle Time, Work-in-Progress (WIP), WIP Age, and Throughput. An understanding of why these flow metrics are important and when you might use them An understanding of Monte Carlo Simulations and how to use them for forecasting a group of items. Typical Agenda Accessing ActionableAgile Analytics Loading your data into ActionableAgile Analytics Global Configurations and Settings Four Key Flow Metrics Cycle-Time Scatterplot, WIP Run Chart, Aging Work-In-Progress Chart, Throughput Run Chart Monte Carlo Simulations Monte Carlo When, Monte Carlo How Many Attendee Q&A Certificate, Payments, and Language Options Certificate: Highlight your success! Certification is available upon request to confirm your skills and course completion. Language Options: Our courses are delivered in English, but we’re happy to accommodate French-speaking participants upon request. Flexible Payment Methods: We provide flexible payment options, including invoice and credit card. Reach out to us for any payment inquiries, and we'll be happy to assist you. support@55degrees.se Meet Your Instructors Margaux Fiche Margaux is the Head of Customer Experience at 55 Degrees and a Professional Kanban Trainer (PKT). She loves helping customers solve challenges and teaching them how to use our tools to achieve more with less stress! With expertise in Kanban, Scrum, SAFe, Metrics, and Agile practices, she’s dedicated to supporting and empowering our customers. Eloise Vinson Eloise serves as your dedicated Customer Support Specialist at 55 Degrees. With expertise in Agile theory and a knack for troubleshooting bugs, she is well-versed in all aspects of ActionableAgile. As one of your trainers, Eloise is committed to guiding you on your journey towards mastering flow metrics What participants say "The training you provided left me in awe of your professionalism. It was straight to the point, only important elements were shared yet still filled with enough time for student participation." Agile Coach, Financial Services Book Your Training Take the next step in mastering ActionableAgile Analytics! Book your training today and start your journey towards greater efficiency. Enquire About Training
- 55 Degrees | Customer Agreement for On-Premise Products with a Pereptual License
Review our current agreement in force for evaluations, purchase, and use of our on-premise products that are sold with perpetual licenses Legal Agreements Cloud Products On-Prem Subscription Products On-Premise Perpetual Products Privacy Cookie Policy for Apps Privacy Statement Privacy: Customer Employees Privacy: Marketing Privacy: Websites Privacy: Questions, Complaints... Privacy: Suppliers Terms of Use Website Terms Community Terms Archives This agreement is relevant for the following deprecated products only: ActionableAgile for Jira Server Portfolio Forecaster for Jira Server ActionableAgile Analytics - On-Premise Option (No longer sold) Cloud product customer? Go to our Cloud Product Customer Agreement . On-Premise Subscription customer - for example in Jira Data Center? Go to our On-Premise Subscription Product Customer Agreement . End User License Agreement On-Premise Software Products with Perpetual Licenses Effective date: November 16, 2022 IMPORTANT! BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS SET FORTH IN THIS END-USER LICENSE AGREEMENT (“EULA”). YOU ARE NOT AUTHORIZED TO USE THIS SOFTWARE UNLESS AND UNTIL YOU ACCEPT THE TERMS OF THIS EULA. 1. Acknowledgment This End User License Agreement (EULA) is a binding legal agreement between 55 Degrees AB (“55 Degrees”), a provider of downloadable and cloud-based applications and services provided by 55 Degrees, and you (either an individual or single legal entity you represent) whose details are provided to 55 Degrees upon purchase (hereinafter “Licensee” or “You”) for the materials accompanying this EULA, including the accompanying computer software or access to the computer software service, any available associated media, and any“online” or electronic documentation. By clicking on the “I agree” button (or similar item) that is presented to You at the time of your order or installation, or by using or accessing 55 Degrees’ products, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, You may not install, copy, download, or otherwise use the software. If You are acquiring the software online You must click the “Cancel” button (or a similar mechanism). If You are agreeing to this EULA on behalf of a company or other organization, You represent that You have the authority to bind that company or organization to this EULA, and the terms Licensee, You, and “Your” refer to that company or organization. If You do not have that authority, You may not install, copy, download, or otherwise use the software products. 2. Scope of the Agreement This EULA governs (a) 55 Degrees' commercially available downloadable software products sold with a perpetual license (“Software”) and (b) any support services and documentation provided by 55 Degrees relating to the Software (“Support Services”). Software and Support Services are collectively referred to herein as “Product” or “Products”. For the avoidance of doubt, any installation guide or end-user documentation not prepared or provided by 55 Degrees; any third-party community site; feedback; or other online or informal forum does not constitute documentation and is not covered by this EULA. This EULA includes our Privacy Policy (https://55degrees.se/privacy-policy ), General Terms of Service ( https://55degrees.se/terms-of-use ), and any other referenced policies and attachments. 3. Account Registration You may need to register at the point of purchase in order to place orders and access or receive the Products. Any registration information that You provide must accurately reflect Your current information and be complete. You must also update Your information so that 55 Degrees may send notices, statements, and other information to You by email or through Your account. You are responsible for all actions taken through Your accounts. If required by a Product, You may need to register with another site that provides a product-specific integration. If this is necessary, 55 Degrees will identify this within the Product documentation. 4. Orders Unless otherwise specified, this agreement will begin on the effective date of Your order (“Order”) and will continue until the end of the period specified in the Order (“Initial Term”). This agreement shall be automatically renewed for additional terms of the same duration as the Initial Term (each, a “Renewal Term,” collectively with the Initial Service Term, the “Term”) unless either party terminates the agreement by uninstalling or otherwise canceling orders for the Product as designated at the time of sale. (a) Your order through our website or third-party resellers authorized by 55 Degrees (“Authorized Reseller”) will specify Your authorized scope of use (“Scope of Use”) for the Product(s), which may include: (i) the defined number of installations, the number of specific individuals for whom You have paid the required fees and whom You designate through the applicable Product (”Authorized Users”), the number of authorized servers, the number of unique data set platforms, and/or other defined resource utilization limitations, (ii) storage or capacity constraints, (iii) numbers of licenses, copies, or instances (for Software), or (iv) other restrictions or billable units. Your Order also includes any applicable Renewal Term (in whole or in part), or purchases You make to increase or upgrade Your Scope of Use. (b) Only Authorized Users may access and use the Product and You must ensure that each Authorized User using or accessing the Product does so in accordance with the terms of this agreement. (c) Depending on Your chosen method of accessing the Product, You and Authorized Users may download and install the Product on any computer, mobile, tablet, or other devices compatible with the Product. 55 Degrees recommends You and Authorized Users access the Product using the recommended browsers or devices as documented, where applicable. (d) You may increase the number of Authorized Users permitted to access Your instance of the Product by placing a new Order or, in some cases, directly through the Product. In all cases, you must pay the applicable fee for the increased number of Authorized Users. (e) You may decrease the number of Authorized Users permitted to access Your instance of the Product by placing a new Order or, in some cases, directly through the Product. In all cases, You will be billed the reduced fee at the commencement of the Renewal Term and no refund will be provided. (f) You are responsible for compliance with this agreement by all Authorized Users. 5. Fees and Payment Fees will be due and payable as set forth on the website or otherwise conveyed to you when you placed an Order for an initial license purchase or the Renewal Term of an existing license. Except as otherwise expressly provided herein, fees are non-refundable. If You have not previously paid the license fee for the Product, then you must pay the license fee within the period indicated in the point of sale, applicable invoice, or as otherwise provided in 55 Degrees’ pricing terms. Failure to pay any license fees by the due date will result in the immediate termination of the license(s) granted under this EULA. Any losses or expenses experienced due to actions taken in response to non-payment are not the responsibility of 55 Degrees. It is a violation of these terms to misuse or fraudulently use credit and debit cards. A determination of such misuse or fraudulent use shall be at the sole discretion of 55 Degrees. 55 Degrees may report at its sole discretion, to appropriate government authorities, credit reporting services, financial institutions, and credit card companies. 6. License Grant All Product(s) are licensed, not sold, and no ownership right is conveyed to you, irrespective of the use of terms in this EULA such as “purchase” or “sale”. (a) This EULA grants you the rights according to the type of Product you have purchased a license for: Standard Use. For other than No-Charge Products (described later in this Section), 55 Degrees grants You a time-limited, worldwide, non-exclusive, non-transferable, non-sublicensable license to install and use the Software in compiled form only, limited to the Scope of Use as designated in your Order. All licenses are time-limited EXCEPT for licenses purchased for Atlassian’s Server platform, which are perpetual. If You abuse the license or breach this EULA, 55 Degrees may cancel Your license. No-Charge Products. 55 Degrees may offer You a time-limited, worldwide, non-exclusive, non-transferable, non-sublicensable limited license for certain Product(s) at no charge, including free accounts, trial use, and access to Beta Versions as defined below ("No-Charge Products”). Your use of No-Charge Products is subject to any additional terms specified by 55 Degrees and is only permitted for a set time period designated by 55 Degrees. When the time period expires You must abide by the Standard Use rights, or must remove and delete all copies of the No-Charge Product in Your possession. Evaluation / Trial Periods. An Evaluation or Trial license (“Evaluation License”) may be provided for any 55 Degrees Product solely for the purpose of evaluation prior to purchase. By using an Evaluation License, You agree to the stated time-limited period for the license. Some licensing systems may allow You to extend an Evaluation License. For the purposes of this paragraph, any additional extension provided through proper usage of the licensing system is considered part of the initial Evaluation License. If You wish to continue the Evaluation License beyond the system-provided time limit, You agree to contact support@55degrees.se and request a manual extension. 55 Degrees does not guarantee any such extensions. Any use of a Product outside of the initial Evaluation License without an approved extension is considered license abuse. 55 Degrees reserves the right to bill You for all accrued lost license costs, at the highest marketed price tier, for the time period between the end of Your valid Evaluation License and You discontinue use of, and uninstall when applicable, the Product. Notwithstanding any other provision contained herein, Products provided pursuant to an Evaluation License are provided “AS IS'' without indemnification, support, or warranty of any kind, express or implied. Except to the extent such terms conflict with the specific evaluation terms set forth in this Section, all other terms of this agreement shall apply to the Evaluation License.¨ Beta Versions. You understand that any pre-release and beta products (“Beta Versions”) are still under development, may be inoperable or incomplete, and are likely to contain more errors and bugs than generally available Products. 55 Degrees makes no promises that any Beta Versions will ever be made generally available. In some circumstances, 55 Degrees may charge a fee in order to allow You to access Beta Versions, but the Beta Versions will still remain subject to this paragraph. All information regarding the characteristics, features, or performance of Beta Versions constitutes 55 Degrees’ confidential information. To the maximum extent permitted by applicable law, 55 Degrees disclaims all obligations or liabilities with respect to No-Charge Products, including any Support Services, warranty, and indemnity obligations. (b) Your license rights under this EULA are non-exclusive, non-transferable, and non-sublicensable. You may not sell, transfer or convey the Software to any third party without 55 Degrees’ prior express written consent. 55 Degrees reserves all rights not expressly granted to You in this EULA. (c) You agree that using the Products for competitive analysis or similar purposes of competing products may cause 55 Degrees irreversible damage and You will be liable for any damages. 55 Degrees may terminate Your right to use the Products at any time and for any reason in its sole discretion, without liability to You. (d) Standard Use licensees are permitted to make one (1) copy of the Software for data protection, archiving, and backup purposes only and for no other purpose. (e) You may only install the Software and make the Software available for use on hardware systems owned, leased, or controlled by You, or Your third-party service providers so long as You remain responsible for their compliance with the terms and conditions of this EULA. (f) This EULA applies whether You purchase Products directly from 55 Degrees or through an Authorized Reseller. If You purchase through an Authorized Reseller, Your license rights shall be as stated in the Order placed by Authorized Reseller for You, and the Authorized Reseller is responsible for the accuracy of any such Order. Authorized Resellers are not authorized to make any promises or commitments on 55 Degrees’ behalf, and 55 Degrees is not bound by any obligations to You other than what is included in this EULA. (g) You agree that 55 Degrees provides documentation for their Software and how the Software uses Your data. It is Your responsibility to read these and verify fit You and Your requirements. 7. Support Services (a) 55 Degrees may provide You with online "Support Services" related to the Products, in its discretion and for the sole purpose of addressing technical issues relating to the use of the Products. Support Services also include access to bug fixes, patches, modifications, or enhancements (together, “Releases”) to the Products that 55 Degrees makes generally commercially available during the duration of Your “Support Period” defined below based on your Product type. When accepted by You, any such Releases will be considered part of the Products and subject to the terms of this EULA. (b) All deliveries of the Product will be electronic. For the avoidance of doubt, You are responsible for the installation of any Product. (c) The initial Support Period for a Standard Use Product is twelve (12) months starting at the time the Product is purchased, and may be renewed for additional twelve (12) month periods (each, a “Renewal Support Period”) at the then-current rate for Support Services. Renewal Support Periods commence upon the expiration of the prior Support Period regardless of when the Product is purchased. (d) Use of Support Services, if any, is governed by 55 Degrees’ policies and programs described in any user manual, in online documentation, and/or other materials provided by 55 Degrees. Any supplemental software code provided to You as a part of Support Services will be considered part of the Products and subject to the terms of this EULA. (e) 55 Degrees encourages feedback from its customers. If You have any feedback regarding Your purchase or use of the Products, please provide that feedback to 55 Degrees via our support portal . 8. Third-Party Software (a) You acknowledge the Products may contain or embed software licensed by 55 Degrees from third parties, including open-source software. Additional obligations may apply in relation to any use of the third-party software by You which are beyond the scope of this EULA. In such circumstances, You may need to consult the relevant third party to acquire any necessary licenses and consents in relation to Your use of the third-party software. Where necessary, 55 Degrees will identify any third parties utilized either through the Product or our support portal . It is Your responsibility to read, acknowledge, and stay informed of any updates to any third-party terms. (b) The Software uses, requires, and depends on various third-party APIs, services, and/or libraries. 55 Degrees disclaims any liability for any failure or limitations of these third-party components. (c) The Software relies on APIs provided by third parties outside of the control of 55 Degrees. Any of these third parties may remove endpoints required for the Software to function properly, either in part or in whole. 55 Degrees disclaims any liability for the consequence of such actions by such third parties. (d) If You use any third-party service with the Software, including services that may use any application programming interface (API) provided by 55 Degrees, You acknowledge that the third-party service may access or use Your information. 55 Degrees will not be responsible for any act or omission of the third party, including their use of Your information. You agree to contact the third party for any issues arising from Your use of the third-party services. 9. Data Security & Privacy (a) The General Data Protection Regulation 2016/679 (GDPR) is a European Union law on data protection and privacy for individuals located within the European Union and the European Economic Area. You may need to comply with the GDPR; for further information, You should review and seek Your own professional advice, where necessary. (i) If the processing, by 55 Degrees, of any of the personal data of, or relating to, Your Authorized Users, customers, or clients (“Organization Personal Data”) is governed by the GDPR, the additional terms of 55 Degrees' Data Processing Agreement (“DPA”) apply and form part of this agreement. You warrant that by accessing, installing, or using the Products, You have reviewed the DPA and You accept it. (ii) You acknowledge and agree that in collecting, holding, and processing Organization Personal Data through the Products, 55 Degrees is acting as the data processor (as defined in the GDPR) for the purposes of the GDPR. You must obtain all necessary consents from the relevant individual to enable 55 Degrees to collect, use, hold and process Organization Personal Data in accordance with this agreement and, if applicable, the DPA. (iii) You acknowledge and agree that unless specifically requested through the user interface (for example - a field may be labeled with Name when requesting a user's name), the Authorized Users will not submit any personally identifiable information (“PII”) to the Product. When any PII is requested, 55 Degrees will take reasonable measures to protect the information submitted. (b) 55 Degrees and its subsidiaries may periodically collect and use technical and related data concerning the Product You have licensed. 55 Degrees will use such data to facilitate maintenance and support with respect to the Product, to improve its products, and to provide further services or technologies to You. (c) You must ensure that your use of all Your data is at all times compliant with all applicable local, state, federal, and international laws and regulations (“Laws”). You represent and warrant that: (i) You have obtained all necessary rights, releases, and permissions to provide all Your data to 55 Degrees and to grant the rights granted to 55 Degrees in this agreement and (ii) Your data and its transfer to and use by 55 Degrees as authorized by You under this agreement do not violate any Laws (including without limitation those relating to export control and electronic communications) or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection, and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies. 55 Degrees assumes no responsibility or liability for Your data, and You shall be solely responsible for Your data and the consequences of using, disclosing, storing, or transmitting it. (d) You will not submit to 55 Degrees (or use any online services provided by 55 Degrees to collect): (i) any PII; (ii) any patient, medical, or other protected health information regulated by HIPAA or any similar federal or state laws, rules or regulations; or (iii) any other information subject to regulation or protection. ((i) through (iii), collectively, “Sensitive Data”). You also acknowledge that 55 Degrees is not acting as your business associate or subcontractor (as such terms are defined and used in HIPAA) and that unless specifically specified by 55 Degrees, the Products provided are not HIPAA compliant. “HIPAA” means the Health Insurance Portability and Accountability Act, as amended and supplemented. Notwithstanding any other provision to the contrary, 55 Degrees has no liability under this agreement for Sensitive Data. (e) You will defend, indemnify and hold harmless 55 Degrees from and against any loss, cost, liability or damage, including attorneys’ fees, for which 55 Degrees becomes liable arising from or relating to any claim relating to Your data, including but not limited to any claim brought by a third party alleging that Your data, or Your use of the Products provided by 55 Degrees in breach of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law. This indemnification obligation is subject to Your receiving (i) prompt written notice of such claim with sufficient time for You to respond without prejudice; (ii) the exclusive right to control and direct the investigation, defense, or settlement of such claim; and (iii) all reasonable necessary cooperation of 55 Degrees at your expense. 10. Termination Perpetual licenses do not expire. However, Your license to the Products shall automatically terminate if You fail to comply with the terms of this EULA. In such case, You are required to remove all Software from Your computer systems and destroy any copies of the Software in Your possession. If You entered into this agreement through an Authorized Reseller, the refund policy of that party may limit availability. Products purchased directly from 55 Degrees are non-refundable. 11. Proprietary Rights (a) The Products and all copies thereof are protected by copyright and other intellectual property laws and treaties. You acknowledge and agree that all rights, title, and interest, including all copyright, trademark, patent, trade secret, intellectual property (including, but not limited to, algorithms and business processes), and other proprietary rights, arising out of, or relating to, the Products belong exclusively to 55 Degrees or its relevant third parties. (b) All titles and copyrights in and to the Products (including but not limited to any images, icons, text files, pdfs, or other static non-code assets contained within the Products), the accompanying printed materials, and any copies of the Products, are owned by 55 Degrees or its suppliers. This EULA does not grant You any rights to use such content. If the Products contain documentation that is provided only in electronic form, You may print one copy of such electronic documentation. Except for any copies of this EULA, You may not copy the printed materials accompanying the Products. (c) Other than as allowed by this EULA, or allowed by the laws of Sweden, the European Union, or Your country, You may not (i) reverse engineer, decompile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies of, create derivative works from, distribute or provide non-Authorized Users with access to the Products in whole or part, (ii) use the Products for the benefit of any third party, (iii) incorporate any Products into a product or service You provide to a third party, (iv) interfere with any license key mechanism in the Products or otherwise circumvent mechanisms in the Products intended to limit your use, (v) remove or obscure any proprietary notices on the Products or any permitted copies of the Products, or (vi) publicly disseminate information regarding the benchmarking performance of the Products. (d) You may not copy or embed elements of the source code into other applications, or publish, transmit, or communicate the source code to other parties other than to You or the entity You represent. (e) You retain all rights, title, responsibility, and interest in and to any data, including but not limited to Personal Information, that You provide to 55 Degrees (including https://55degrees.atlassian.net or other system used by 55 Degrees to provide support and to collect customer feedback). (f) 55 Degrees shall own all modifications and derivative works of the Products, whether made by 55 Degrees, You, or any third party, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Products. You shall not take (and shall not allow any third party to take) any action inconsistent with 55 Degrees’ ownership and interests as set forth above, or assist any third party in doing the same, and You will report to 55 Degrees promptly in writing an instance of suspected infringement of any intellectual property related to the Products and give 55 Degrees reasonable assistance in investigating and prosecuting the infringing acts. 12. Confidentiality (a) You agree that all code, inventions, know-how, business, technical, and financial information disclosed to You by 55 Degrees constitute the confidential property of 55 Degrees (“55 Degrees Confidential Information”). Any intellectual property, the underlying technology, and any performance information relating to the Products shall be deemed 55 Degrees Confidential Information without any marking or further designation. Except as expressly authorized herein, You will hold in confidence and not use or disclose any 55 Degrees Confidential Information. Your non-disclosure obligation shall not apply to information that You can document: (i) was rightfully in your possession or known to You prior to receipt of the 55 Degrees Confidential Information; (ii) is or has become public knowledge through no fault of Your own; (iii) is rightfully obtained by You from a third party without breach of any confidentiality obligation; or (iv) is independently developed by You or Your employees who had no access to such information. You may also disclose 55 Degrees Confidential Information if so required pursuant to a regulation, law, or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to 55 Degrees). You acknowledge that disclosure of 55 Degrees Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore upon any such disclosure by You, 55 Degrees shall be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law. For the avoidance of doubt, this Section shall not operate as a separate warranty with respect to the operation of any Products. (b) 55 Degrees agrees that in the event that 55 Degrees has access to, either in oral or physical form, Your confidential or proprietary information, including but not limited to Your data and information concerning Your business, products, customers, services, policyholders and/or claimants (“Licensee Confidential Information”), 55 Degrees shall (i) use such Licensee Confidential Information solely for the purpose of this EULA; and (ii) take reasonable precautions, no less than it would take to prevent the disclosure of its own similar 55 Degrees Confidential Information, to ensure that it does not disclose the Licensee’s Confidential Information to any third party without first obtaining the other party’s prior written consent. (c) Notwithstanding the above, 55 Degrees may disclose and may permit its representatives to disclose any Licensee Confidential Information (i) to the extent it is required to do so by law or any order or request of any government agency; and (ii) to 55 Degrees’ representatives to the extent required for the purposes of implementing the transactions contemplated by this EULA. (d) For Licensee Confidential Information that does not constitute trade secrets under applicable law, these confidentiality obligations will expire three (3) years after the termination of the agreement between You and 55 Degrees. The recipient of such Licensee Confidential Information will be responsible for any breach of this Section by its employees, representatives, and agents. Licensee Confidential Information will not include any information that (i) was independently developed by a party without the use of or reference to any Licensee Confidential Information belonging to the other party; (ii) was acquired by either party from a third party having the legal right to furnish same to the other party; or (iii) was at the time in question (whether at disclosure or thereafter) generally known by or available to the public. 13. Publicity Rights You grant 55 Degrees the right to include Your company name, logo, and/or likeness that You provide during registration, and any review that You may provide (in full or in part) to 55 Degrees, within Product promotional material, and on the 55 Degrees website. You can revoke this right at any time by submitting a written request via email to support@55degrees.se requesting to be excluded from future Product promotional material. Requests made after purchasing may take thirty (30) calendar days to process. 14. Export Restrictions You may not use or otherwise export or re-export any Product except as authorized by Swedish law and the laws of the jurisdiction in which You obtained the Product. In particular, but without limitation, the Product may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Product, You represent and warrant that You are not located in any such country or on any such list. 15. Disclaimer of Warranties, Limitation of Liability (a) Save as provided in Section 17 below, the Products are provided on an “as is” and “as available” basis without warranty, express or implied, of any kind or nature, including, but not limited to, any warranties of performance, merchantability, fitness for a particular purpose, or title. You may have other statutory rights, but the duration of statutorily required warranties, if any, shall be limited to the shortest period permitted by law. 55 Degrees shall not be liable for delays, interruptions, service failures, and other problems inherent in the use of the internet and electronic communications or other systems outside the reasonable control of 55 Degrees. To the minimum extent permitted by law, 55 Degrees does not make any representation, warranty, or guarantee that: (i) the use of the Products will be secure, timely, uninterrupted, or error-free; (ii) the Products will operate in combination with any other hardware, software, system, or data; (iii) the Products will meet your requirements or expectations; (iv) any stored data will be accurate or reliable or that any stored data will not be lost or corrupted; (v) errors or defects will be corrected; or (vi) the Products are free of viruses or other harmful components. (b) Except for the indemnification obligations of Section 17 or breach of Sections 5, 11 or 12, neither party will be liable to any person, with respect to any loss, damage, cost, expense or other claim, for any consequential (such as loss of income; loss of business profits or contracts; business interruption; loss of the use of money or anticipated savings; loss of information; loss of opportunity, goodwill or reputation; loss of, damage to or corruption of data), indirect, special, punitive or other damages in relation to the Products including, without limitation: (i) any use or reliance on a Product by the person (including the form and content of errors in and/or omissions from any information contained in the Products); (ii) any delay, interruption, or other failures in the provision of a Product; or (iii) any change in the form or content of a Product. All the foregoing limitations shall apply even if 55 Degrees has been informed of the possibility of such damages. (c) Except for the indemnification obligations of Section 17 or breach of Sections 5, 11, or 12, 55 Degrees’ aggregate liability under any claims arising out of this EULA shall not exceed the fees paid by You for the current Support Period, except where not permitted by applicable law, in which case 55 Degrees’ liability shall be limited to the maximum extent allowed by such applicable law. (d) Except for each party’s indemnification obligations or breach of Sections 7, 11, or 12, neither party will be liable for lost profits or for special, indirect, incidental or consequential damages, regardless of the form of action, even if such party is advised of the possibility of such damages. The foregoing liability limitations shall apply to the maximum extent allowed by applicable law. To the extent the foregoing liability limitations or the warranty disclaimers of Section 15 are not allowed by applicable law, then the liability of 55 Degrees and the remedy of the Licensee shall be limited to: (i) the re-supply of any defective Product; or (ii) the refund of the license fees paid by you for the current Support Period for such defective Product. (e) In no event will 55 Degrees’ aggregate liability under any claims arising out of this EULA exceed the fees paid by You for the current Support Period, except where not permitted by applicable law, in which case 55 Degrees’ liability shall be limited to the maximum extent allowed by such applicable law. (f) These limitations will apply to You even if the remedies fail of their essential purpose. 16. Return Policy 55 Degrees customary business practice is to allow customers to return Software within 30 days of payment for any reason or no reason and to receive a refund of the amount paid for the returned Software. A return means that 55 Degrees will disable the license key that allowed the Software to operate. 55 Degrees will not accept returns after the 30-day return period. 17. Infringement, Indemnification (a) If You purchase a Standard Use license, and if the Software becomes, or in the opinion of 55 Degrees may become, the subject of a claim of infringement of any third party right, 55 Degrees may, at its option and in its discretion: (i) procure for You the right to use the Software free of any liability; (ii) replace or modify the Software to make it non-infringing; or (iii) refund any license fees paid by You for the current Support Period for that Software. (b) You will defend or settle, at Your own expense, any action brought against 55 Degrees based upon the claim that any modifications by You to the Software not approved by 55 Degrees in writing, nor any combination by You of the Software with other, third-party, products not approved by 55 Degrees in writing infringes or violates any third party right, and only to the extent that such modification or combination contributes to such a claim; provided, however, that: (i) 55 Degrees shall notify You promptly in writing of any such claim; (ii) 55 Degrees shall not enter into any settlement or compromise any such claim without Your prior written consent; (iii) You shall have sole control of any such action and settlement negotiations; and (iv) 55 Degrees shall provide You with information and reasonable assistance, at Your request and expense, necessary to settle or defend such claim. You agree to pay all damages and costs finally awarded against 55 Degrees attributable to such claim. (c) You agree to indemnify and hold 55 Degrees, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claims by third parties, and any related damages, losses, or costs (including reasonable attorney fees and costs), arising out of Your use of the Software, or Your violation of the EULA or any rights of a third party. (d) 55 Degrees assumes no liability hereunder for and shall have no obligation to defend You or to pay costs, damages, or attorney’s fees for, any claim based upon any modifications to any of the Software not approved by 55 Degrees in writing or combination of any of the Software with products not approved by 55 Degrees in writing, and only to the extent that such modification or combination contributes to such a claim. (e) 55 Degrees agrees to indemnify, and hold You harmless and Your respective directors, officers, employees, and agents from and against any and all third-party claims, losses, damages, suits, fees, judgments, costs, and expenses of every nature; including reasonable attorney’s fees and expenses arising out of, resulting from, or attributable to the Software’s claimed infringement or violation of any patent, copyright, trade secret, trademark, or other third-party intellectual property rights, except to the extent that the infringement or violation has been caused, or contributed to, by You or Your representatives. (f) You will be liable for and agree to indemnify, defend and hold 55 Degrees harmless from and against any and all claims, liabilities, suits, actions, and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (i) any information that is not accurate, up to date, or complete or is misleading or a misrepresentation; (ii) any breach of this agreement by You or an Authorized User; (iii) any misuse of the Products, from or by You, Your employees, contractors, and agents, or an Authorized User; (iv) any breach of the law, regulation, or license by You or an Authorized User; and (v) any claim brought by a third party including any Authorized User against a Party arising out of or in connection with Your or an Authorized User’s use of the Products or Your data. (g) You agree to cooperate with 55 Degrees and cover all expenses for both parties in the handling of disputes, complaints, investigations or litigation that arise as a result of Your use of the Products including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information You have given to 55 Degrees. (h) The obligations under this clause will survive the termination of this Agreement. 18. Compliance with Applicable Laws You agree that you shall use the Product, and shall perform all obligations under this agreement in a manner that complies with all laws applicable to You and your use of the Products, including, but not limited to, any and all contractual, statutory, or common law right and obligations and applicable restrictions concerning intellectual property rights. 19. Dispute Resolution (a) The parties agree that this EULA and the interpretation of its terms shall be governed by and construed in accordance with the laws of Sweden and subject to the exclusive jurisdiction of the courts located in Sweden. If You reside in a country where the laws of the stated jurisdiction are excluded from applying, Your country’s laws will apply to such disputes related to these terms. Otherwise, You agree that the laws of Sweden and the European Union govern this agreement, as well as any claim, dispute, action, or issue that might arise out of or in connection with it excluding their conflicts of laws principles. Any action or proceeding relating to this agreement must be brought to the District Court of Ystad, Sweden and each party irrevocably submit to the jurisdiction and venue of any such court in any such claim or dispute, except that 55 Degrees may seek injunctive relief in any court having jurisdiction to protect 55 Degrees Confidential Information or intellectual property. (b) The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this EULA. (c) Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to this EULA. 20. Severability If any term of this EULA is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this EULA will remain in full force and effect. 21. No Waiver No waiver of any right under this EULA will be deemed effective unless contained in writing and signed by a duly authorized representative of the party against whom the waiver is to be asserted, and no waiver of any past or present right arising from any breach or failure to perform will be deemed to be a waiver of any future rights arising out of this EULA. 22. Assignment You may assign this EULA to succeeding parties in the case of a merger, acquisition, or change of control; provided, however, that in each case, (a) 55 Degrees is notified in writing within ninety (90) days of such assignment, (b) the assignee agrees to be bound by the terms and conditions contained in this EULA and (c) upon such assignment, You make no further use of the Product(s) licensed under this EULA. 55 Degrees may assign its rights and obligation under this EULA without Your consent. Any permitted assignee shall be bound by the terms and conditions of this EULA. 23. Statute of limitation You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Products or these terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. 24. U.S. Government Users If You are a U.S. Government end user, 55 Degrees is providing the Products to You as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights granted to You by 55 Degrees for the Products are the same as the rights the 55 Degrees customarily grant to others under this EULA. 25. Revisions to EULA 55 Degrees may update, modify or amend (together, “Revise”) this EULA from time to time, including any referenced policies and other documents. If a revision meaningfully reduces Your rights, the 55 Degrees will use reasonable efforts to notify You by, for example, sending an email to the billing or technical contact You designate in the applicable Order, posting on our Twitter account (https://twitter.com/55degreesAB ), blog (https://medium.com/55-degrees ), website, or on our marketplace listings, such as the Atlassian Marketplace website (https://marketplace.atlassian.com ). If 55 Degrees revises this EULA during the term of Your license or subscription, the revised version will be effective upon Your next Renewal Term. In this case, if You object to any revisions, as Your exclusive remedy, You may choose not to renew, including canceling any terms set to auto-renew. With respect to No-Charge Products, accepting the revised EULA is required for You to continue using the No-Charge Products. You may be required to click through the updated EULA to show Your acceptance. If You do not agree to the revised EULA after it becomes effective, You will no longer have a right to use No-Charge Products. For the avoidance of doubt, any Order is subject to the version of the EULA in effect at the time of the Order. 26. Entire Agreement This EULA constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements, proposals, negotiations, representations or communications, whether in written, oral, electronic, or other forms, relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this EULA by any representations or promises not specifically stated herein. This agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. Nothing in this agreement creates an exclusive relationship or in any way prevents 55 Degrees from entering into similar arrangements with or providing similar services to other entities, including, without limitation, other similar customers. This EULA may not be modified or amended by You without 55 Degrees’ written agreement (which may be withheld in 55 Degrees’ complete discretion). Notwithstanding the foregoing, You acknowledge and agree that 55 Degrees’ published Website Terms of Use, currently available at https://55degrees.se/terms-of-use , specifically apply to the Products provided hereunder and are binding upon You and your Authorized Users. In the case of a conflict between a provision in this agreement and a provision in such Website Terms of Use, such conflicting provision in this agreement controls. Any terms and conditions appearing on a purchase order or similar document issued by You do not apply to the Products, do not override or form part of this agreement, and are void. In the event of a conflict between the terms of this EULA and the terms of any open-source licenses applicable to the Software, for the specific terms in conflict, the terms of the open-source licenses shall control with regard to the Software, or part thereof. 27. Contact Information For communications concerning this EULA, please write to client.services@55degrees.se . -- End of EULA -- Changelog of document November 16, 2022 - Removed On-Premise Subscriptions, such as those for Jira Data Center apps. July 15, 2022 - Hosted Services removed from this document June 2, 2022 - Added note regarding new Cloud terms March 29, 2021 - Section 6: Added clarification regarding the duration of subscription terms for on-premise product licenses. Section 15: Changed text from "maximum extent" to "minimum extent". July 15, 2020 - Removed duplicated sections 7 and 8 June 30, 2020 - Original version of global EULA replacing Atlassian-specific EULA
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- Archives | 55 Degrees
Legal Agreements Cloud Products On-Prem Subscription Products On-Premise Perpetual Products Privacy Cookie Policy for Apps Privacy Statement Privacy: Customer Employees Privacy: Marketing Privacy: Websites Privacy: Questions, Complaints... Privacy: Suppliers Terms of Use Website Terms Community Terms Archives Archives Customer Agreements Cloud Cloud Subscription Products - November 5, 2024 (PDF) Cloud Subscription Products - August 26, 2024 (PDF) Cloud Subscriptions - July 15, 2022 (PDF) Software End User License Agreement - June 30, 2020 (PDF) OnPremise OnPremise Subscriptions - November 21, 2022 (PDF)
- Product Services Terms Agreement | 55 Degrees
Legal Product Service Terms Agreement IMPORTANT - Please read carefully This Product Service Terms Agreement ("Agreement") is a binding legal document between 55 Degrees AB and You, which you accept by purchasing a Service. If you do not agree to this agreement, then do not pay for or use the Service. "Service" is the work performed by 55 Degrees under a service punchcard offered on https://55degrees.se . "You" means you, the organization or individual that purchased the Service. "55 Degrees" means 55 Degrees AB of Nordenskiöldsgatan 24, Office 312, 211 19 Malmö, Sweden. By remitting payment or purchase order for any portion of the fees for the Service, or by installing or using any of the Service, You agree to be bound by this Agreement. If You do not agree to this Agreement, then do not pay for or use the Service. The "Agreement" also includes any 55 Degrees policies or documents referenced in this document, including 55 Degrees' Privacy Policy at https://www.55degrees.se/privacy-policy . From time to time, 55 Degrees may modify this Agreement, including any referenced policies and other documents. Any modified version will be effective at the time it is posted, and will apply to any Service paid for after the time of posting. Scope of Service 55 Degrees will provide the purchased Service as described on https://www.55degrees.se/product-service-punchcards . Scheduling, Rescheduling and Canceling Sessions All sessions will be scheduled using Calendly. The specific URL for the scheduling site will be provided via the Customer Portal upon its creation. Please note that our current business hours are between 8am - 5pm CET. 55 Degrees will offer a limited number of after-hours sessions a week and we make no guarantee of their availability to any one organization. All meetings are subject to availability of the 55 Degrees employees and their partners. It is recommended that you attempt to schedule sessions with as much notice as possible. Each meeting must include a goal for the meeting in the requisite field in the meeting request form. A 55 Degrees employee will acknowledge and accept or decline each requested session once the request has been received. You agree to provide 24 hours notice for rescheduling of a scheduled coaching session. One hour will be deducted from your punchcard balance upon on the 3rd cancellation or reschedule occurring within 24 hours of a scheduled session. Once a session has been verified and accepted, 55 Degrees will take every effort to avoid canceling or rescheduling. Cost and Payment Service prices are stated on the pages where the services are offered. Payment must be received in advance of Service. Acceptable forms of payment include: credit card payment online and wire transfer via invoice. Refunds will be granted up to 30 days from purchase, provided Service has not commenced. Travel No travel is included. Service will be performed remotely by employees of 55 Degrees or its partners using Zoom or other video meeting technology. Term and Expiration Each Service Punchcard is valid for 90 days from date of purchase, with new punchcard purchases resetting the 90-day period for any unexpired previously purchased Punchcard. Unused Punchcard time cannot be refunded after 90 days from purchase. This Agreement will terminate one year after completion of the last Service. Copyrights Any alterations resulting in 55 Degrees' products as a result of Service become part of the product, owned by 55 Degrees. Any training materials or other media created during Service belong to 55 Degrees unless otherwise agreed in writing. Use of 55 Degrees products and Atlassian products are governed solely by the terms of their respective End-User License Agreements. No Warranty 55 Degrees neither guarantees, warrants, nor makes any representations as to the correctness or completeness of the Service or its suitability to any particular purpose, and no liability, contingent or otherwise is accepted by 55 Degrees for errors or omissions. Limitation of Liability Without limitation, 55 Degrees will not be liable for any loss, damage, cost, expense, or other claim (including consequential damages and loss of profits) in relation to the Service. Nondisclosure If You have entered a separate Nondisclosure Agreement with 55 Degrees, that agreement governs nondisclosure obligations in lieu of this section. "Confidential Information" means any information, technical data, or know-how relating to research, products, services, customers, markets, software, developments, inventions, processes, designs, drawings, engineering, marketing, finances, or other area which is designated in writing to be confidential or proprietary, or if given orally, is confirmed within seven (7) days in writing as having been disclosed as confidential or proprietary. 55 Degrees and You agree not to use Confidential Information received by the other party for any purpose except to provide the Services. Neither party will disclose the Confidential Information of the other party to third parties, or to its employees unless required to provide the Service. Each party agrees that it will take all reasonable steps to protect the secrecy of, and avoid disclosure or use of, Confidential Information of the other party in order to prevent it from falling into the public domain or the possession of unauthorized persons. Each party agrees to notify the other party in writing of any misuse or misappropriation of the other party's Confidential Information which may come to its attention. Each party agrees that, in addition to any other remedies that may be available, the other party shall be entitled to obtain injunctive relief against the threatened breach of this section or the continuation of any such breach, without the necessity of proving actual damages. Any Confidential Information, including copies, which have been disclosed by the other party will be returned or destroyed within thirty (30) days after the completion of the Service, or at the written request of the disclosing party. Choice of Law and Forum Applicable Law These terms and conditions are governed by Swedish law, without consideration to its choice of law provisions. The Ystad District Court has exclusive jurisdiction in the first instance on any dispute arising from these terms and conditions. No Waiver Our failure to enforce any provision(s) of the Agreement or respond to a breach by any party shall in no way waive its right to subsequently enforce any terms or conditions of the Agreement or respond to any breaches. Entire Agreement and Severability This Agreement is the entire agreement between You and 55 Degrees relating to the Service and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Service or any other subject matter covered by this Agreement. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the remaining provisions shall continue in full force and effect.
- 55 Degrees | Resources
Resources Try our virtual course at Sign Up LEAN SOFTWARE DEVELOPMENT Blog posts and other useful content The 55 Degrees Official Blog EverydayKanban.com - the personal blog of co-founder Julia Wester LeanKit Blog - read posts by Julia Wester LinkedIn Learning Course: Lean Software Development - by Julia Wester Slide decks from Julia Wester's conference talks Publications, Posters, and Downloadable Exercises Transformational Leadership A white-paper from our co-founder, Julia, and others on how to get started with transformational leadership. Copyright: CC BY SA 4.0 . DevOps 'Secret Sauce' (e-book) Julia joins others experts to share insights on succeeding with DevOps. Copyright: DevOps Institute EverydayKanban.com Blog A blog about lean, agile, kanban, management and otherwise doing more with less stress by Julia Wester Copyright: EverydayKanban.com Spectrum Thinking Worksheet A guide to making complex decisions based on spectrum thinking and cycles of experimentation to find your "just right". Copyright: CC BY NC SA 4.0 . Visualizing your work in Kanban This visual guide walks you through the simple steps to get your Kanban board up and running. Copyright: CC BY SA 4.0 . Go with the Flow: A Kanban Sim A kanban simulation that highlights the impacts of context switching. Copyright: CC BY SA 4.0 .
- 55 Degrees | Website Terms of Use
Legal Agreements Cloud Products On-Prem Subscription Products On-Premise Perpetual Products Privacy Cookie Policy for Apps Privacy Statement Privacy: Customer Employees Privacy: Marketing Privacy: Websites Privacy: Questions, Complaints... Privacy: Suppliers Terms of Use Website Terms Community Terms Archives Website Terms of Use Welcome to this 55 Degrees Web site (the "Site"), one of the Web sites provided by 55 Degrees AB ("55 Degrees AB") or ActionableAgile Software AB (“ActionableAgile”), a child company of 55 Degrees. Collectively these companies are referred to in this user agreement (the "Agreement") as (“55 Degrees,” "we," or "us"). Portions of the Site may be hosted by our affiliated companies or by other companies with which we have service agreements. This Agreement is a legal contract. By using this Site, you agree to be bound by all of the terms of this Agreement. Please read this Agreement carefully before using this service. This Agreement applies to all usage of any part of the Site. We may restrict, suspend, or revoke your registration or ability to access or use the Site, or any affiliated site, with or without prior notice, if you violate this Agreement. General We reserve the right to change the terms of this Agreement or to modify any features of this Site at any time, so we encourage you to review the Agreement periodically before using the Site. The most current version of the Agreement can be viewed by clicking on the "Terms of Use" link at the bottom of any page in the Site. By continuing to use this Site after the posting of any changes, you agree to be bound by such changes. You are also required to comply with all applicable laws in connection with your access to and use of the Site and such further limitations as may be set forth in any subsequent notice from 55 Degrees. As a condition of your access and use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Agreement. The Site is intended for the use of adults 18 years or older. You agree to provide accurate, current, and complete information about yourself as requested or directed on the Site, and to promptly update this information to maintain its accuracy. Trademarks and Copyrights All rights in the product names, company names, trade names, logos, product packaging, and designs of all 55 Degrees, or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to us or to their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of 55 Degrees, or any third party. Unauthorized use or distribution of any material from this site may be subject to civil as well as criminal sanctions under the applicable laws. 55 Degrees will enforce its Intellectual Property Rights to the fullest extent. If you wish to use any content for any other reason, you must request and obtain written permission in advance through emailing 55 Degrees at support@55degrees.se . Notice of Copyright Infringement Just as we require users to respect our copyrights and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on or linked from our site without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information: Identification of the copyrighted work claimed to have been infringed Identification of the allegedly infringing material on the Site that is requested to be removed Your name, address, and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary A statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law A statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed An electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement Our copyright agent for notice of claims of infringement on the Site: 55 Degrees AB ℅ Copyrights Lilla Nygatan 7 211 38 Malmö Sweden Email: support@55degrees.se Upon receipt of such a notice of claimed infringement, we will act expeditiously to remove or disable access to any content that is claimed to be infringing upon the copyright of any person under the laws of the Sweden or the European Union, and will terminate the Site privileges of those who repeatedly infringe on the copyright of others. Privacy Your use of the Site is governed by our Privacy Policy . By using the Site, you indicate that you understand and agree to the practices described. Prohibited Conduct By using the Site, you agree not to do the following: Delete or revise any material or other information of any other user, 55 Degrees, or any third party Harvest or otherwise collect information about others, including e-mail addresses, without their consent Take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site Use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available on the Site and other than generally available third-party Web browsers Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site Engage in any conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in our judgment, exposes us or any of our users, customers, or suppliers to any liability or detriment of any type Take any action that could endanger or cause damage to us, other users of the Site, or other third parties Accessing data not intended for you or logging into a server or account that you are not authorized to access; Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the Site; Sending unsolicited e-mail, including promotions and/or advertising of products or services, to or through the Site or with reference to us or the Site; or Forging any TCP/IP packet header or any part of the header information in any e-mail or posting. You further agree not to violate or attempt to violate the security of the Site, including, without limitation: Violations of system or network security may result in civil or criminal liability. In accordance with this Agreement, we may investigate and work with law enforcement authorities to prosecute users who are involved in such violations. Links We may, as a convenience to users, provide links to third-party content and other Web sites on or through the Site. We do not endorse, sponsor, or accept any responsibility for such material. We are not responsible for the content or privacy practices of any linked sites. Indemnification You agree to indemnify and hold harmless 55 Degrees AB, subsidiaries, and affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from, arising out of, or in connection with any violation or alleged violation of this Agreement or its components (including but not limited to the Privacy Policy ), or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as is reasonably requested by us. Disclaimer of Warranties This Site is available "as is." We do not warrant that this Site will be uninterrupted or error-free. There may be delays, omissions, interruptions, and inaccuracies in the news, information, or other materials available through this Site. We are not responsible for the availability or content of other goods and/or services that may be linked to this Site. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to this Site or any information or goods that are available or advertised or sold through this Site. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in this Site or available through links in this Site. We reserve the right to correct any errors or omissions in this Site. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "Trojan horses" or other destructive materials to this Site, we do not guarantee or warrant that this Site or materials that may be downloaded from this Site do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on this Site and any materials available through this Site, you do so solely at your own risk. Limitation of Liability You acknowledge that your use of the Site, and any resource linked to therein, is exclusively at your own risk, and you agree that 55 Degrees, and its managers, employees, agents, and licensors will not be liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business, or loss of data, in any way related to this Site or for any claim, loss, or injury based on errors, omissions, interruptions, or other inaccuracies in this Site (including without limitation as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Site. Severability and Integration Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and 55 Degrees and governs your use of this Site, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. No Waiver Our failure to enforce any provision(s) of the Agreement or respond to a breach by any party shall in no way waive its right to subsequently enforce any terms or conditions of the Agreement or respond to any breaches. Termination We may terminate this Agreement and/or suspend or terminate your access to the Site for any reason at any time by providing notice to you. If you wish to discontinue your access to the Site and cancel your account, you may make such a request by contacting us below. Otherwise, applicable sections of the Agreement shall survive any termination of your account or this Agreement. Choice of Law and Forum These terms and conditions are governed by Swedish law, without consideration to its choice of law provisions. The Ystad District Court has exclusive jurisdiction in the first instance on any dispute arising from these terms and conditions. No Professional Advice Any information supplied by any employee or agent of 55 Degrees, whether by telephone, e-mail, letter, facsimile, or another form of communication, is intended solely as general guidance on the use of the Site, and does not constitute professional advice without a separate agreement between you and an agent of 55 Degrees. Even then, only information relayed in performing contracted duties, and relayed during the timeframe of the binding agreement, will be considered professional advice. Accordingly, you agree not to treat any information you receive on or through the Site as professional advice or to rely on it as professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. Miscellaneous You agree that no joint venture, partnership, employment, or agency relationship exists between you and 55 Degrees as a result of this Agreement or your access to and use of the Site. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. Acceptance of Terms Use of this Site is offered to you on your acceptance of these Terms of Use, our Privacy Policy , and any additional terms and conditions set forth on this Site. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use the information or services in this Site. Use of this Site represents your acceptance of the Agreement. Questions If you have any questions or comments about this Agreement, please contact us via support@55degrees.se and indicate that your inquiry concerns our user agreement.
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