Acceptance of Terms of Service

These Terms of Service (“Terms”) govern your access and use of the services available under the name "Shape Up Board" (the "App") which are provided through the Atlassian marketplace, and all services made available to you in association with the App (the “Services”). By accessing or using the App you are indicating your acceptance to be bound by these Terms. If you do not accept these Terms, you must not access or use the App. IF YOU ARE DISSATISFIED WITH THESE TERMS OR ANY RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE APP, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE APP. We may revise these Terms at any time by updating this document. Use of the App after such revisions are posted will signify your agreement to the revised Terms. You should visit this page periodically to review these Terms and any revisions.

User Content

The App provides features that allow you and other users to post or submit content, including but not limited to messages, materials, data, text, music, sound, photos, videos, graphics, applications, code and other information or content (collectively, “User Content”). You acknowledge and agree that you are solely responsible for all User Content you submit, provide or upload and the consequences for submitting, providing or uploading it. The App will use User Content you upload solely in connection with providing the Services to you, and for no other reason. You represent and warrant that you own your User Content or have the necessary licenses, rights, consents and permissions to grant the license set forth herein and that its provision to the App will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.

Feedback

This section does not apply to User Content; however you agree that any ideas, suggestions, concepts, processes or techniques which you provide to us related to the Services, the App or our business (“Feedback”) are and shall be our exclusive property without any compensation or other consideration payable to you by us, and you do so of your own free will and volition. We may or may not, in our sole discretion, use or incorporate the Feedback in whatever form or derivative into the App, the Services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to us in any Feedback and, as applicable, waive any moral rights.

General Use of the App and Services

In your use of the App and Services, you agree to act responsibly in a manner demonstrating the exercise of good judgment. In addition, you agree not to: (a) use the App or Services for any illegal or unauthorized purpose; (b) attempt to gain unauthorized access to any portion of the App or Services; (c) interfere with or damage the App or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (d) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the App or Services.

Interactions with Other Users

You are solely responsible for your interactions with other users of the App, including, without limitation, the User Content you post on or through the App and through your communications to other users. We will not be responsible for any damage or harm resulting from your interactions with other users. You are solely responsible for, and agree to take reasonable precautions in, all interactions with other users. If you feel threatened by another user or believe someone else is in danger, you should contact your local law enforcement agency immediately.

Paid Subscription Services

The Services will be governed by the following:

A. Payment

By registering for a Paid Service, you authorize us to charge the subscription fees ("Subscription Fee") and all Applicable Taxes (defined below) associated with the Paid Service through Atlassian marketplace. Subscription Fees and Applicable Taxes are due, and will be charged on a recurring basis for each payment period ("Payment Period"). Unless specifically specified otherwise, all subscriptions for Paid Services will automatically renew for successive Payment Periods upon the expiration of each Payment Period unless canceled by you or terminated/discontinued by us in accordance with these Terms.

B. Modification of Services/Subscription Fees by us

We reserve the right to modify the Services, Paid Services and Subscription Fees from time to time at our sole discretion.

C. Cancellation of Paid Service by You

Your subscription and obligation to pay for a subscribed Paid Service will continue indefinitely until canceled by you or terminated/discontinued by us.

Discontinuance of Service

We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of the App or Services without prior notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of the App or Services.

Termination

We may at any time, without notice, in our sole discretion and without cause, terminate your right to access or use the App and Services (or any portion thereof). We may also terminate your right to access and use the App and Services (or any portion thereof) if you breach any of these Terms. You agree that any termination of your access to the App or Services may be effected without prior notice. Further, you agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to the App or Services.

Communication Charges

Access to the App and Services requires Internet connectivity. You are solely responsible for all communication fees and charges that you incur in relation to your access to the App and Services, including without limitation, fees and charges respecting cellular, data, WiFi, Internet, and network access or usage.

Disclaimer of Warranties

THE APP AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BY ACCESSING OR USING THE APP OR SERVICES YOU ACKNOWLEDGE AND AGREE THAT USE OF THE APP AND SERVICES IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: (A) THAT THE APP OR SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE, AVAILABLE, SECURE, TIMELY, MEET YOUR REQUIREMENTS, OR PROVIDE SPECIFIC RESULTS; (B) REPRESENTATIONS, WARRANTIES AND CONDITIONS OF PERFORMANCE, MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, TITLE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW, EQUITY, OR FROM A COURSE OF DEALING OR USE OF TRADE; (C) THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; (D) THAT DEFECTS OR ERRORS IN THE APP OR SERVICES WILL BE CORRECTED; (E) THAT THE APP OR SERVICES WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; OR (F) THAT COMMUNICATIONS TO, FROM, THROUGH OR IN CONNECTION WITH THE APP OR SERVICES WILL BE SECURE OR NOT INTERCEPTED.

Limitation of Liability

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL CURIOUS LAB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "LOW RELATED PARTIES") BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA, LOST USE, LOST OPPORTUNITIES, LOST PROFITS, LOSS OF GOODWILL, DAMAGE TO PROPERTY, THIRD PARTY CLAIMS, OR ANY OTHER ECONOMIC LOSS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF A RELATED PARTY KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE RELATED PARTIES' AGGREGATE AND COLLECTIVE LIABILITY RESPECTING ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE APP, SERVICES OR THESE TERMS, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF (A) THE TOTAL AMOUNTS THAT YOU HAVE PAID TO US, IF ANY, AND (B) FIFTY AUSTRALIAN DOLLARS (AUD$50); EVEN IF A RELATED PARTY HAD BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ANY RELATED PARTY BE LIABLE FOR ANY LOSS, DAMAGE OR ARISING FROM THE FAILURE OF A RELATED PARTY OR YOUR FAILURE TO PROTECT YOUR USERNAME OR PASSWORD. THE RELATED PARTIES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY USER, SERVICE PROVIDER, ADVERTISER OR SPONSOR OF THE APP OR SERVICES (COLLECTIVELY, "THIRD PARTY USERS"). UNDER NO CIRCUMSTANCES SHALL ANY RELATED PARTY BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND PUNITIVE DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (A) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY USER, OR (B) ANY USE OR INABILITY TO USE ANY INFORMATION, MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED ON OR MADE AVAILABLE THROUGH ANY WEB SITE OR SERVICE LINKED TO OR FROM THE APP OR SERVICES. IF YOU DECIDE TO ACCESS OR USE ANY WEB SITE OR SERVICE LINKED TO OR FROM THE APP OR SERVICES (OR ANY INFORMATION, MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES ON OR MADE AVAILABLE THEREFROM), YOU DO SO ENTIRELY AT YOUR OWN RISK. YOU HEREBY RELEASE EACH CURIOUS LAB RELATED PARTY FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST ANY RELATED PARTY, ARISING FROM YOUR PURCHASE OR USE OF ANY THIRD PARTY GOODS, SERVICES, SOFTWARE, MATERIALS, INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE APP OR SERVICES OR LINKED TO OR FROM THE APP OR SERVICES. TO THE EXTENT ANY PROVINCE, STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, CURIOUS LAB’S LIABILITY IN SUCH PROVINCE, STATE OR JURISDICTION SHALL BE LIMITED TO THE FURTHEST EXTENT PERMITTED BY LAW.

Indemnity

You agree to indemnify, defend and hold harmless the Curious Lab Related Parties from and against any and all loss, liability (including, without limitation, settlements and judgments) and expense (including, without limitation, actual attorneys' fees and expenses and court costs) arising out of: (a) any third party claim against any Curious Lab Related Party alleging that User Content or communications posted or submitted to or through the App or Services by you infringes the third party's intellectual property rights, privacy rights, publicity rights or other rights; (b) any breach by you of any provision of these Terms and/or any representation or warranty set out herein; or (c) any cost or expense incurred by any Curious Lab Related Party in the enforcement of this provision. Curious Lab will have the right, in its sole and unfettered discretion, to control the defense and settlement of any action or proceeding against any Curious Lab Related Party that you are bound to defend pursuant to the foregoing.

General

Any consent by Curious Lab to, or waiver of, a breach of these Terms which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer these Terms or any right or obligation hereunder. If any term or provision of these Terms is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. These Terms are not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any applicable agreements with Curious Lab or policies of Curious Lab that expressly reference these Terms, these Terms form the entire agreement between you and Curious Lab relating to the matters contained herein.