EULA

END USER LICENSE AGREEMENT (EULA)

Last updated: 02 October 2024

This End User License Agreement ("Agreement") is a legal agreement between you ("User", "You" or "Your") and Karma Software Co. ("Company", "We", "Us", or "Our"), the provider of the SaaS service Sherpas.dev that analyzes Git and task events from GitHub and Jira and visualizes team performance and productivity data ("Service"). By using the Service, You agree to comply with and be bound by the terms and conditions of this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICE.

By accessing or using the Service, You acknowledge that You have read, understood, and agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, do not use or access the Service.

1. Grant of License

The Company grants You a limited, non-exclusive, non-transferable, and revocable right to access and use the Service, subject to the terms of this Agreement. This License is provided solely for Your personal or internal business use to analyze and visualize team productivity data based on events from GitHub and Jira.

2. Restrictions

You agree not to, and You will not permit others to:

Modify, adapt, translate, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service.
Rent, lease, loan, sublicense, or distribute the Service or any portion of it to any third party.
Circumvent any technology used to protect the Service or engage in any activity that interferes with or disrupts the Service.
Use the Service in a way that violates any applicable laws, rules, or regulations, including data privacy laws.
Misuse the Service to collect unauthorized data or perform unauthorized actions on GitHub, Jira, or other third-party platforms.

3. Intellectual Property Rights

All intellectual property rights in the Service, including but not limited to software, designs, trademarks, and copyrights, are and will remain the property of the Company and its licensors.

This Agreement does not grant You any rights to use the Company’s trademarks or service marks without prior written consent.

4. User Data

By using the Service, You grant the Company the right to access and process data from Your GitHub and Jira accounts as required for the proper functioning of the Service.

The Company will use the data solely to analyze and visualize events related to team productivity, and in accordance with Our Privacy Policy.

You are responsible for ensuring that You have the necessary rights and permissions to allow the Company to access and process data from third-party services (e.g., GitHub, Jira).

5. Data Privacy and Security

The Company is committed to maintaining the security and confidentiality of Your data. Our use of Your data is governed by Our Privacy Policy, which You can find at Privacy.

You are responsible for maintaining the confidentiality of Your account credentials and ensuring that they are not shared or disclosed to unauthorized individuals.

6. Term and Termination

This Agreement is effective as of the date You first use the Service and will continue until terminated.

The Company may terminate this Agreement at any time without notice if You fail to comply with any provision of this Agreement.

Upon termination, Your right to access and use the Service will immediately cease, and You must discontinue all use of the Service.

7. Disclaimer of Warranties

The Service is provided "AS IS" and "AS AVAILABLE", without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

The Company does not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that defects will be corrected.

8. Limitation of Liability

To the maximum extent permitted by applicable law, the Company, its affiliates, directors, employees, and licensors will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business, arising out of or in connection with the use or inability to use the Service.

In no event shall the Company’s total liability exceed the amount paid by You (if any) for accessing the Service.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with Your use of the Service or violation of this Agreement.

10. Updates and Modifications

The Company may update or modify this Agreement at any time by providing You with notice of the changes. Your continued use of the Service after such notice will constitute Your acceptance of the updated Agreement.

The Company reserves the right to modify or discontinue, temporarily or permanently, the Service or any part of it without notice.

11. Governing Law

This Agreement will be governed by and construed in accordance with the laws of the state of Florida without regard to its conflict of law principles. Any disputes arising out of this Agreement shall be resolved in the state and federal courts located in 225 NE 96th street, Miami Shores, 33138, FL, US.

The Company reserves the right to modify or discontinue, temporarily or permanently, the Service or any part of it without notice.

12. Severability

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.

13. Entire Agreement

This Agreement constitutes the entire agreement between You and the Company regarding the use of the Service and supersedes all prior or contemporaneous understandings regarding such subject matter.

14. Contact Information

Email:

help@sherpas.dev

Address:

225 NE 96th street, Miami Shores, 33138, FL, US

1. Grant of License 2. Restrictions 3. Intellectual Property Rights 4. User Data 5. Data Privacy and Security 6. Term and Termination 7. Disclaimer of Warranties 8. Limitation of Liability 9. Indemnification 10. Updates and Modifications 11. Governing Law 12. Severability 13. Entire Agreement 14. Contact Information