Terms and Conditions of scrumlr.io

These Terms and Conditions (Terms of Use) govern the use of scrumlr.io in a legally binding way.

scrumlr.io is provided by:

inovex GmbH
Karlsruher Straße 71
75179 Pforzheim
Germany

Owner contact email: info@scrumlr.io

"scrumlr.io" refers to

this website, including its subdomains and any other website through which the Owner makes its Service available;
the Application Program Interfaces (API);
the Service;

These Terms of Use shall accordingly be applicable to provision of new versions of scrumlr.io (e.g. patches, bug fixes, updates, upgrades, etc.).

Any general terms and conditions of the user shall expressly not form part of the agreement, even if inovex does not expressly object to their applicability.

The User must read this document carefully.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using scrumlr.io.

By using scrumlr.io, Users confirm to meet the following requirements:

There are no restrictions for Users in terms of being Consumers or Business Users;
Users must be recognized as adult by applicable law;
Minors may only use scrumlr.io under parental or adult supervision;

Account registration

To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner. Users may also use the Service with an anonymous User account and without registering or creating a User account, however, this may cause limited availability of certain features or functions.

By registering, Users agree to be fully responsible for all activities that occur under their username.

Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts or personal data, have been violated, unduly disclosed or stolen.

Conditions for account registration

Registration of User accounts on scrumlr.io is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

Accounts registered by bots or any other automated methods are not permitted.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

By directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on scrumlr.io

Unless where otherwise specified or clearly recognizable, all content available on scrumlr.io is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on scrumlr.io infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on scrumlr.io - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content. Where explicitly stated on scrumlr.io, the User may download, copy and/or share some content available through scrumlr.io and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented. Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content provided by Users

The Owner allows Users to upload, share or provide their own content to scrumlr.io.

By providing content to scrumlr.io, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights. Further insights regarding acceptable content can be found inside the section of these Terms which detail the acceptable uses.

Rights regarding content provided by Users

Users acknowledge and accept that by providing their own content on scrumlr.io they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of scrumlr.io as contractually required. To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to scrumlr.io.

Users acknowledge, accept and confirm that all content they provide through scrumlr.io is provided subject to the same general conditions set forth for content on scrumlr.io.

Liability for provided content

Users are solely liable for any content they upload, post, share, or provide through scrumlr.io. Users acknowledge and accept that the Owner does not filter or moderate such content. However, the Owner reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to scrumlr.io:

if any complaint based on such content is received;
if a notice of infringement of intellectual property rights is received;
upon order of a public authority; or
where the Owner is made aware that the content, while being accessible via scrumlr.io, may represent a risk for Users, third parties and/or the availability of the Service.

The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement. Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through scrumlr.io.

Access to provided content

Content that Users provide to scrumlr.io is made available according to the criteria outlined within this section.

Private content

Private content provided by Users shall stay private and will not be shared with any third parties or accessed by the Owner without the User’s explicit consent.

Content for determined audiences

Content meant to be made available to specific audiences may only be shared with such third parties as determined by Users. Any personal data, identifier or any other information Users upload in connection with such content (such as a User-ID, avatar or nickname etc.) shall also appear in connection with the content. Users may (and are encouraged to) check on scrumlr.io to find details of who can access the content they provide.

Access to external resources

Through scrumlr.io Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

scrumlr.io and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of scrumlr.io and/or the Service violates no applicable law, regulations or third-party rights. Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including denying Users access to scrumlr.io or the Service, terminating contracts, reporting any misconduct performed through scrumlr.io or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:

Conduct restrictions

pretending to fulfill any possible condition or requirements for accessing scrumlr.io and/or using the Services, such as for instance being adult according to law or qualifying as a Consumer;
concealing their identity or stealing someone else's identity or pretend to be or represent a third-party, if not allowed to do so by such third-party;
manipulating identifiers to disguise or otherwise conceal the origin of their messages or of the content posted;
defaming, abusing, harassing, using threatening practices, threatening or violating the legal rights of others in any other way;
promoting activity that may endanger the User’s life or the life of any other User or lead to physical harm. This includes but is not limited to suicide threats or instigations, intentional physical trauma, the use of illegal drugs, or excessive drinking. Under no circumstance is any User allowed to post any content promoting and/or encouraging and/or showing any self-destructive or violent behavior on scrumlr.io;
probing, scanning or testing the vulnerability of scrumlr.io, including the services or any network connected to the website, nor breaching the security or authentication measures on scrumlr.io, including the services or any network connected to scrumlr.io;
installing, embedding, uploading or otherwise incorporating any malware into or via scrumlr.io;
using scrumlr.io or the technical infrastructure in an abusive, excessive or otherwise inappropriate way (for example: for spamming purposes);
attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden on scrumlr.io or the Service;

Excessive use of the Service

using a resource of scrumlr.io excessively in relation to other Users of scrumlr.io – in such cases, the Owner, at its sole discretion, additionally reserves the right to suspend the User’s account or limit the related activity until the User reduces the excessive consumption;

Excessive use of the API

sending abusive or excessively frequent requests to the Service via the API. The Owner will determine what constitutes abuse or excessive usage of the API and additionally reserves the right to temporarily or permanently suspend access to the API by the User. In such cases, the Owner will make a reasonable attempt to alert the User prior to suspension;

Scraping

adopting any automated process to extract, harvest or scrape information, data and/or content from scrumlr.io and all the digital properties thereto related unless where explicitly allowed to do so by the Owner;

Content restrictions

disseminating or publishing content that is unlawful, obscene, illegitimate, libelous or inappropriate;
publishing any content that promotes, either directly or indirectly, hate, racism, discrimination, pornography, violence;
disseminating or publishing any content that is false or may create unjustified alarm;
using scrumlr.io to publish, disseminate or otherwise provide content protected by intellectual property laws, including but not limited to patent, trademark or copyright law, unlawfully and without the legitimate right-holder’s consent;
using scrumlr.io to publish, disseminate or otherwise make available any other content which infringes on any third-party rights, including but not limited to state, military, trade or professional secrets and personal data;
publishing any content or carrying out any activity that disrupts, interrupts, harms, or otherwise violates the integrity of scrumlr.io or another User's experience or devices. Such activities include: spamming, distributing unauthorized advertisements, phishing, defrauding others, spreading malware or viruses etc.;

User protection

misappropriating any account in use by another User;
harvesting or collecting any personally identifying information of other Users including but not limited to their email addresses or contact information, by circumventing the privacy setting of other Users’ accounts on scrumlr.io or by any other means;
using any information relating to other Users, including personal or contact data, for purposes other than those scrumlr.io is intended for;

Commercial use restrictions

indicating or trying to imply in any manner, that a User stands in a qualified relationship with scrumlr.io or that scrumlr.io has endorsed the User, the User’s products or services or any third party's products and services for any purpose;

Software license

The software embedded in or related to scrumlr.io is provided under a some-rights-reserved license.

This means that Users are granted broad rights, including but not limited to the rights to use, execute, copy or distribute the software, to the extent determined by such license. The terms of such license shall always prevail upon conflicting, divergent or inconsistent provisions of these Terms. In particular, scrumlr.io and/or the software thereto related are provided under a MIT License license, allowing Users to access and use the software’s source code. Users may find further information regarding the license terms here.

API usage terms

Users may access their data relating to scrumlr.io via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses scrumlr.io, is bound by these Terms and, in addition, by the following specific terms:

the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.

Liability and indemnification

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf). This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as scrumlr.io has been appropriately and correctly used by the User. Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into. In particular, within the limits stated above, the Owner shall not be liable for:

any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
damages or losses resulting from interruptions or malfunctions of scrumlr.io due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications;
any losses that are not the direct consequence of a breach of the Terms by the Owner;
any damage, prejudice or loss occurring due to viruses or other malware contained in or connected to files available for download from the internet or via scrumlr.io. Users are responsible for implementing sufficient security measures – such as anti-viruses and firewalls to prevent any such infection or attack and for securing backup copies of all data or information exchanged via or uploaded to scrumlr.io.

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer's fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law. Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of scrumlr.io and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of scrumlr.io.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to scrumlr.io are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with scrumlr.io are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future. The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement. The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner. If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of scrumlr.io must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law. Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law, Jurisdiction

The laws of the Federal Republic of Germany shall govern the provision of scrumlr.io as well as all legal relations in this connection between the Vendor and the User. Applicability of the UN Convention on Contracts for the International Sale of Goods (CISG) shall be precluded.

In the event that the User should be (i) a registered businessman within the meaning of the “Handelsgesetzbuch” / German Commercial Code, (ii) a legal entity under public law or a special fund under public law, or (iii) if the User maintains no general venue of jurisdiction within the territory of the Federal Republic of Germany, Karlsruhe, Germany is agreed as venue of jurisdiction. However, the Vendor shall reserve the right to raise action or implement other court proceedings at the venue of the User’s general jurisdiction.

Latest Update November, 2021