1. About these terms
We are SMART EDU ONLINE LTD, trading as Smart Engineering and Development, a company registered in England and Wales under number 13282889, with its registered office at Flat 5 Upton Court, 21 Alwynn Walk, Birmingham, England, B23 7YY.
You are the organisation that installs or uses an app: any microapp we publish, as listed at smarteduonline.co.uk/microapps. Users are the people your organisation lets use the app.
Our apps are for business use. By installing or using an app, you confirm that you accept these terms on behalf of your organisation and are authorised to do so. If you don't accept them, don't install or use the app.
2. Your licence
While your subscription (or free use) lasts, we give you a non-exclusive, non-transferable licence for your users to use the app on the Atlassian site where it is installed, within the user tier you have licensed.
You must not, and must not let anyone else:
- sell, rent, sublicense or otherwise make the app available to anyone outside your organisation;
- copy, modify or reverse engineer the app, except where the law allows this and it can't be excluded by contract;
- get around licence checks or user limits; or
- use the app unlawfully, or to infringe anyone's rights.
3. Buying through the Atlassian Marketplace
You get our apps through the Atlassian Marketplace. Atlassian handles pricing display, billing, renewals, taxes and refunds under its own Marketplace terms, which apply to your purchase. Where an app has a free tier or a free evaluation, these terms apply to that use too.
Atlassian is not a party to these terms and is not responsible for our apps. Your use of Atlassian's own products stays governed by your agreement with Atlassian.
4. Your content
You own the content you and your users put into an app (your content). Our apps keep it in your Atlassian site's app storage, hosted by Atlassian, and we don't access it. You give the app the permissions it needs to store and display your content for you, and nothing more.
You're responsible for your content, including having the right to use it and keeping your own copies. Export your content before you uninstall an app if you want to keep it: when an app is uninstalled, Atlassian may delete its stored data.
Our privacy policy explains how we handle personal data.
5. Support and updates
We provide support by email at office@smarteduonline.co.uk and will use reasonable efforts to help. We don't promise specific response or resolution times unless we agree them with you in writing.
We may update an app, for example to fix faults, keep up with changes to Atlassian's platform, or add features. We won't make a change that materially reduces an app's core features during a paid subscription period without telling you first.
If we decide to stop offering an app, we'll give at least 90 days' notice by email to licence contacts and on the app's documentation page, so you have time to export your content.
6. Our intellectual property
We (or our licensors) own the apps and all intellectual property in them. These terms don't transfer any of it to you. If you send us suggestions or feedback, we may use them without any obligation to you.
7. What we promise
We promise that each app will work materially as described in its documentation. If it doesn't, tell us and we'll try to fix it within a reasonable time. If we can't, you may stop using the app and ask Atlassian for a refund of the fees for the current period under Atlassian's refund terms. This is your only remedy for a breach of this promise.
Apart from that promise, and to the extent the law allows, the apps are provided as they are. We don't promise they will be error-free or uninterrupted, or suit any particular purpose.
8. Our liability
Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that can't be limited or excluded by law.
Subject to that:
- we're not liable for loss of profits, revenue, business, goodwill or anticipated savings, or for any indirect or consequential loss;
- we're not liable for loss of or damage to your content, which stays in your Atlassian site under your control; and
- our total liability under or in connection with these terms in any 12-month period is limited to the greater of the fees you paid for the app concerned in the 12 months before the claim arose, and £100.
9. Ending these terms
These terms apply for as long as an app is installed or used by your organisation. You can end them at any time by uninstalling the app; Atlassian's terms decide whether any fees are refunded.
We may suspend or end your use of an app if you materially breach these terms and don't fix the breach within 30 days of us telling you, or immediately where the law or Atlassian requires us to.
When these terms end, your licence ends. Sections 4, 6, 8 and 11 continue to apply.
10. Changes to these terms
We may update these terms. We'll publish the new version on this page with its date. If a change materially affects you, we'll also email your licence contacts at least 30 days before it takes effect. For a paid subscription, changes apply from your next renewal unless the law or Atlassian requires them sooner.
11. General
- Entire agreement. These terms, with our privacy policy, are the whole agreement between us about the apps.
- Third parties. No one other than you and us has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.
- Transfer. You may not transfer these terms without our consent. We may transfer them to a business that takes over the app concerned.
- Events outside our control. We're not responsible for delays or failures caused by events outside our reasonable control, including failures of Atlassian's platform.
- Sanctions. You must not use the apps in breach of UK sanctions or export control laws.
- Severability and waiver. If a court finds part of these terms unenforceable, the rest still applies. Not enforcing a term straight away doesn't waive it.
- Notices. We send notices by email to your licence contacts; you send them to office@smarteduonline.co.uk.
- Law and courts. These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
