End User Licence Agreement

This agreement

These terms are an agreement between you and whoever operates this installation of Open Backlog (“we”, “us”, and the “service”) — the organisation that put it online. By using it you accept them. If you do not, do not use the service.

If you are using the service as part of your job, you accept these terms for yourself and confirm you are authorised to accept them for your employer. Where your employer has a signed agreement with us, that agreement prevails over these terms.

These terms cover the hosted service. Any source code we publish separately is licensed under whatever terms accompany it, and nothing here grants you rights in it.

Who may use it

You must be at least 13 and able to enter a contract. You may not use the service if sanctions or export controls prohibit us from providing it to you.

What we grant you

We grant you a personal, non-exclusive, non-transferable, revocable right to use the service as it is made available to you, for as long as these terms last. That is a right to use, not a sale: we and our licensors keep all intellectual property in the service.

You may not copy, resell, sublicense or rent the service, remove notices from it, attempt to derive its source code beyond what the law permits, or use it to build a competing product.

Your account

You sign in with a credential held on your device, or through your organisation. Keep your device and its unlock method secure — anyone who has them can reach your account. Tell us promptly if you think someone else has access.

You are responsible for what happens under your account. If your organisation administers it, it may change or withdraw your access.

Your content

What you create stays yours. You grant us only the permission we need to run the service: to store, copy, transmit and display your content to you and to the people you share it with, and to make backups. That permission ends when you delete the content or your account, apart from copies in backups that age out.

You confirm you have the right to put your content into the service, and that doing so breaks no law and infringes nobody’s rights. We do not monitor content, but we may remove anything that breaches these terms or the Acceptable Use Policy.

How you may use it

The Acceptable Use Policy forms part of these terms. In short: do not use the service to break the law, to harm others, or to attack the service itself.

Changes to the service

We improve the service continuously, so it will change. We will not remove a feature you rely on without notice where we reasonably can avoid it, and we will not make a change that materially reduces the service for a paying customer during a term they have paid for.

Availability

We aim to keep the service available and to recover quickly when it is not, but we do not promise it will be uninterrupted or error-free. Our operational targets are at Availability; a contractual service level is available only by separate written agreement.

Keep your own copy of anything you cannot afford to lose. The service can export your data at any time.

What we do not warrant

Except as these terms say, and to the extent the law allows, the service is provided “as is” and we exclude all implied warranties, including of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the service will meet your requirements or that defects will be corrected.

Limits on our liability

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or anything else that cannot lawfully be limited. If you are a consumer, nothing in these terms affects your statutory rights, and you may bring proceedings in the courts of the country where you live.

Subject to that:

• Neither of us is liable for indirect or consequential loss, or for lost profits, revenue, goodwill, business or anticipated savings, however caused.
• We are not liable for loss of or damage to data, except to the extent it results from our failure to take the security measures we describe.
• Our total liability arising out of or in connection with the service is limited to the greater of the amount you paid us for it in the 12 months before the claim, or £100.

These limits apply however the liability arises, including in contract, tort (including negligence) and for breach of statutory duty. They are a reasonable allocation of risk for a service provided at this price, and we have priced it on that basis.

Your liability to us

If you are using the service for business purposes, you will indemnify us against claims, losses and reasonable costs arising from your content or from your use of the service in breach of these terms. This does not apply to consumers.

Suspension and ending this agreement

You may stop using the service and delete your account whenever you like. We may suspend or end your access if you materially breach these terms or the Acceptable Use Policy, if we must to comply with the law, or to protect the service or its other users. Where circumstances allow we will warn you first and give you a chance to put it right.

We may also withdraw the service as a whole, on reasonable notice, and will give you an opportunity to export your data before we do.

When this agreement ends, your right to use the service stops. The sections on your content, liability and governing law survive.

Data protection

How we handle personal data is described in the Privacy Policy. Where we process personal data on your organisation’s behalf, the Data Processing Terms apply and form part of this agreement.

Other terms

• We may change these terms. For material changes we will give reasonable notice through the service or by email; if you carry on using the service afterwards, the new terms apply.
• We may transfer this agreement to a buyer of the service or of our business. You may not transfer it without our consent.
• If a provision is unenforceable, the rest continues to apply.
• A delay in enforcing a term is not a waiver of it.
• Neither of us is liable for failure caused by events outside our reasonable control, though this does not excuse a failure to pay.
• This agreement is between you and us, and nobody else can enforce it.
• Together with the policies it refers to, this is the whole agreement between us on this subject, and it replaces anything said beforehand.
• Notices to you appear in the service; notices to us go to whoever operates this installation.

Governing law

This agreement is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction — except that if you are a consumer you keep the benefit of the mandatory law of, and may sue in, the country where you live.