Terms & Conditions (Version 2)
Applied from 29.10.2017
VivifyScrum is software as a service.
In further text some of the terms used in these terms and conditions are defined as follows:
- the provisions of the legal contract below - “terms”
- VivifyScrum service or service offered on any other website established through VivifyScrum.com, such as edu.vivifyscrum.com and alike - “VSS”
- VivifyScrum.com or any other website established through VivifyScrum.com, such as edu.VivifyScrum.com and alike - “the listed website(s)“
- person or entity who registers on and purchases VSS or who registers to use the free version of the VSS or who simply browses the listed websites - “User(s)”
- company Vivify Scrum ltd, the owner of VSS and the listed websites - “VSLTD”
These terms are gender neutral. Wherever used herein, a pronoun in the masculine gender shall be considered as including the feminine gender unless the context clearly indicates otherwise.
In the light of the above, this is a legal agreement between User and VSLTD regarding User's utilization of VSS on the listed websites. By the act of using or accessing VSS or any of the listed websites, User unconditionally agrees to the terms of this agreement and accepts them as obligatory.
These terms apply to all Users of the VSS and the listed websites, including without limitation Users who are browsers, vendors, customers, merchants and contributors of content.
Registration and accounts
When User signs up for the VSS, VSLTD will automatically create a user account (in further text: “Account”) for User. Users may create multiple Accounts. If User is accessing VSS on behalf of the User's employer, User represents and warrants that User has the authority to agree to these Terms on its behalf. User is responsible for all activity occurring under its Account. User shall notify VSLTD immediately of any unauthorized use of any password, account, copying or access to the VSS.
Each User shall have a unique login (email address and username), which must not be shared.
Although many parts of the listed websites are accessible even without registering and creating an account, VSLTD advises Users to register and create an account, because certain areas of the listed websites and all of the VSS are only open for use to users who register and create an account.
By registering and creating an account, User can access a different VSS offered on the listed websites without having to register for each service separately. If the service User wishes to subscribe to has additional terms and conditions, User will be asked to accept these separately.
User hereby agrees that User will keep their username and password safe, and will not share them with anyone, that they will not impersonate someone else or create multiple, false accounts.
If User breaches these provisions, VSLTD reserves the right to close User's account, and if VSLTD does so, VSLTD may close all accounts that User had opened in their name.
User can at any time, without explanation to VSLTD, on his or her behalf terminate or deactivate his or her account.
In this case, VSLTD reserves the right to choose which user-created content will be erased permanently, and which will be kept on VSS and the listed websites, and for this, by accepting these Terms and conditions, User gives his irrevocable approval and consent.
This provision has the sole purpose to enable future unhindered and uninterrupted work of other users, with whom the user who terminated his account was cooperating, on any of their joint projects.
User can update personal details of User's account at any time and this will update User's details across all VSS that User is subscribed to.
User login data and Security
User unique login (email address and username) must not be shared. User is entirely responsible for maintaining the confidentiality of this data and Account information.
User acknowledges and agrees that User is entirely responsible for User's utilization of VSS, and that User is responsible for all acts, omissions and generally for the use of User's unique login (email address and username) in connection with the VSS.
During the use of VSS and the listed websites, Users are allowed to create their own content which can be stored on VSS or the listed websites (in further text: “user-created content”).
VSLTD is not responsible for tracking and controlling content that Users create on VSS or on the listed websites, and considering that, sole liability for user content, is on User (User can find more about this in the paragraph “Exclusion of liability clause”, listed below in these Terms).
Due to the above, when creating user content on VSS or on the listed websites, User is obligated not to upload content which violates any applicable laws or regulations, and not to publish, transmit or upload any content which is defamatory, slanderous, morally offensive, obscene, pornographic, content that glorifies the use of violence, content that has discriminatory nature, or any other content which can constitute a criminal offence, or which can be in any relation with constituting any kind of criminal offence.
Also, User is obligated not to send or store spam, viruses, worms, Trojan horses and other harmful code, or data which violates the rights of any individual or entity established in any jurisdiction including, without limitation, medical information, credit card information or social security numbers, driver’s license or personal identification numbers or account numbers on, to or from the VSS and the listed websites.
VSLTD is not responsible or liable for the deletion, corruption, correction, destruction, damage, loss or failure of any of user-created content. User represents and warrants that User-created content which User uploads, stores or sends using VSS or the listed websites is in compliance with all applicable privacy and data protection laws and regulations.
User will indemnify, defend and hold VSLTD harmless from any claims, losses and causes of action arising out of or related to user-made violations of the provisions provided in this section.
Acceptable behavior means that User should use VSS and the listed websites for the purposes for which they were made, and in a way that does not cause damage to VSS or the listed websites, and in a way which is not unlawful, illegal, fraudulent or harmful, or which is not in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
In this context, the following acts of User will be considered as an unacceptable behavior, and therefore as a breach of the provisions of acceptable use:
- actions of User that can create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to an authorized User, or any other person or entity;
- actions of User that can create a risk of any other loss or damage to any person's property;
- actions of User that can constitute or contribute to a crime or a tort;
- actions that can be unlawful, harmful, abusive, offensive, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people, threatening, or otherwise objectionable;
User guarantees that User's actions will not violate third-party rights of any kind, including, without limitation, any intellectual property rights, and publicity and privacy rights.
If User makes a Violation of Acceptable Use, such as those that are mentioned above or any similar, they are obligated to take actions without delay to suspend those actions and remove the Content or undo the action that contributed to the violation.
If a violation of acceptable use is made by User, admin has the right to immediately suspend User’s access to VSS and the listed websites, and also the right to overtake and terminate that User’s account, with the aim to eliminate the damage that User has caused by User's unacceptable behavior.
Users are entirely responsible for the content of and any harm resulting from any of their postings or submissions to the VSS and the listed websites.
Modifying VSS or the listed websites
VSLTD reserves the right to modify VSS or the listed websites, at any time or in any way or to terminate them with or without notice to User. In accordance with the above, VSLTD may add or remove functionalities or features.
As between User and VSLTD, User exclusively owns all rights in and to the user-created content that User submits to the VSS or the listed websites. VSLTD needs a limited license from User so that VSLTD can utilize user-created content to make the VSS and the listed websites available to User. For example, if User uploads product specifications, product drawings or an animated graphic presentation of how a product works to any of VSS or the listed websites, we need a license from User to display, perform and distribute this user-created content in order to make the user-created content available to User on his project pages. And, if User permits third parties (such as User's customers or consultants) to view User project pages, we need to have a license to sub-license User-created content to these third parties so that they can view and use User group pages. By the act of accepting these terms, User grants the above-mentioned limited licenses to VSLTD.
At prices described on the listed websites, VSLTD charges fees for accessing and using certain parts of VSS and the listed websites.
All amounts paid are non-refundable, non-cancelable and non-creditable.
Unless specified otherwise, all amounts due hereunder shall be paid upon order in US dollars, in immediately available funds by credit card or mobile telephone account, in full without set-off, counterclaim or deduction.
Any amount not paid when due shall result in the termination or suspension of the User's account or his or her access and use of the VSS.
You agree that VSLTD can bill your credit card or mobile telephone account for renewals and unpaid fees, as applicable.
User agrees to reimburse VSLTD for all reasonable costs (including attorneys' fees) incurred in collecting payments.
All payments to VSLTD are exclusive of state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes), and User agrees to bear and be liable for the payment of all such charges (excluding taxes based upon the VSLTD net income).
VSLTD reserves the right to change prices for services made available to Users on VSS and on the listed websites, exclusively according to VSLTD sole discretion, and at any time, and also reserves the right to start charging some features which have previously been classified as free of charge, at any time.
Price changes will be made known on the listed websites. If User elects to access or use any fee-bearing VSS, User agrees to pay all applicable fees resulting from the use of that VSS under its account, in the amounts, at the times and subject to any specified conditions. Such fees may be specified as being payable in advance or in arrears; fees may be fixed, contingent or variable (e.g. depending on usage factors); and fees may be specified on a recurring basis (e.g. subscription fees and/or usage fees, which may be payable monthly, quarterly or annually) or non-recurring basis (e.g. one-time activation fees).
This website is provided “as is”, without any warranties, express or implied. VSLTD makes no representation or warranties in relation to this website or the information and materials provided on this website.
To the fullest extent permissible by applicable law, VSLTD disclaims all warranties, express or implied.
VSLTD does not warrant that the services made available to you through the VSS or the listed websites are free of viruses or other harmful components.
To the fullest extent permissible by applicable law, VSLTD will not be liable for any damages of any kind arising from the use of any VSS or the listed websites, or from any information, content, materials or other services included on or otherwise made available to you through VSS or the listed websites, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any possible matter you should consult an appropriate professional.
Exclusion of liability clause
VSLTD will not be liable to User in relation to the contents of, or use of, or otherwise in connection with VSS or with listed websites.
VSLTD will not be responsible or liable in any way for any user-created content.
VSLTD, nor its admins control and are not responsible for content that User posts on or through VSS or the listed websites and are not responsible for any offensive, inappropriate, unlawful or otherwise incorrect or illegal user-created content, that User may see or encounter on VSS and the listed websites, or in connection with VSS and the listed websites.
To the fullest extent permissible by applicable law, VSLTD and its officials, directors, employees and associates exclude liability for any losses and expenses of any kind and howsoever arising including, without limitation any damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties or other losses of any kind or character, even if VSLTD has been advised of the possibility of such damages or losses, arising out of or in connection with the use of VSS or the listed websites.
User assumes total responsibility for establishing appropriate procedures for data backup and virus checking as User considers necessary.
These exclusions of liability will apply to all losses and damages, no matter if the alleged liability is based on contract, tort (including negligence), strict liability or any other basis.
User hereby agrees to keep VSLTD indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by VSLTD to a third party in settlement of a claim or dispute on the advice of its legal advisers) incurred or suffered by VSLTD arising out of any User made violation of any of the provisions stated in these Terms.
Violations of Terms
By violating any provision stated in these Terms, User risks being reported for any such breach to the relevant law enforcement authorities. In such cases, VSLTD will co-operate with the mentioned authorities by disclosing User's identity to them. In the event of such violation, User’s right to use the VSS or the listed websites can be terminated instantly, by admin. In such cases, in addition to the above-mentioned actions, admin may also take such action as it deems appropriate to deal with the violation, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website and contacting your internet service provider to request that they block your access to the website, and any other appropriate action, in that sense.
Changes of Terms
VSLTD reserves the right to change, modify, add or remove portions of these Terms at any time, and such changes shall enter into force on the date of publication on the listed website.
By continuing to use VSS and the listed websites, you will be deemed to have agreed to such changed Terms.
Because of this, VSLTD advises you to periodically check these Terms, to be aware of any changes that have been made.
If any provision in these Terms would be declared as invalid, illegal or unenforceable in any jurisdiction, it shall, as to such jurisdiction, be ineffective to the extent of such invalidity, illegality or unenforceability without affecting the validity, legality and enforceability of the remaining provisions; and the invalidity of a particular provision in a particular jurisdiction shall not invalidate such provision in any other jurisdiction.
VSS also uses browser local storage. Local storage provides similar auxiliary function, but unlike cookies, its contents are not transmitted across the Internet, like cookies are.
VSLTD is dedicated to improving its services by making technical improvements that help the safety of its services. Because of this, VSLTD occasionally needs external help from various IT experts (in further text “ITE”).
Because of this, VSLTD hereby invites ITE to try to find security vulnerabilities on VSS and the listed websites.
If an ITE finds some vulnerabilities, such as those above-mentioned, VSLTD invites the ITE to make a responsible disclosure of them, in a confidential way, to the VSLTD officials.
VSLTD hereby states that each security bug on the listed website and its services, found by the effort of ITE, encouraged by the above-mentioned invite of VSLTD, and which is responsibly disclosed in a confidential way to the VSLTD, and which VSLTD officials estimate as relevant, will be awarded by a certain amount of money, which will be transferred to ITE account, on subsequent agreement.
VSLTD reserves the right to determine the amount of money of the reward for each responsible disclosure that ITE makes, on behalf of the terms of these Terms.
VSLTD will determine the amount of money of the reward in accordance to the importance of the security threat, which the ITE has found.
VSLTD reserves the right to refuse to pay ITE a reward if it finds that the reported bug is not relevant.
Competent jurisdiction and governing law
If it comes to any legal disputes regarding the provisions of these Terms, or regarding any other matter related to the use of VSS or the listed websites (regardless of whether that matter is regulated by these Terms or not), VSLTD and User shall agree to submit to the jurisdiction of the Republic of Serbia and the Municipal Court of Novi Sad, Republic of Serbia, and the valid legal regulations of the Republic of Serbia shall be applied.
VSS and the listed websites are 100% owned by Vivify Scrum LTD Novi Sad.
The company is registered in Novi Sad, Serbia, with registration number: 21170763.
The company's address is 47 Stanoja Glavasa, Novi Sad, Serbia.
For additional information about Vivify Scrum LTD, please visit www.apr.gov.rs, which is the official website of the Serbian Business Registers Agency.
You can contact VSLTD by email at: [email protected]