(updated as of August 27, 2019)
We hope you love our services — from blogs and Trello Power-Ups to the next great idea that we haven’t even thought of yet — as much as we love creating them. These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. These Terms are derived from Automattic‘s terms of service, which are available under a Creative Commons Sharealike license. You can grab a copy of these (or Automattic’s original) Terms and other legal documents on Github. You’re more than welcome to copy them, adapt them, and repurpose them for your own use. Just make sure to revise the language so that your Terms reflect your actual practices. Also, if you do use these Terms, we’d appreciate a credit and link to processes.ai somewhere on your website.
Terms of Service
1. Who’s Who
Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity. Your Agreement is processes.ai, also referred to as “we” throughout these Terms.
2. Your Account
Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account and any related prerequisits (like, for instance, your password reset email account), and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
3. Minimum Age Requirements
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (or 16 years or older in the European Union).
4. General Representation and Warranty
You represent and warrant that your use of our Services:
- Will be in strict accordance with these Terms;
- Will not use the Services for any unlawful purposes, i.e. to conduct illegal activities;
- Will not overburden our systems, as determined by us in our sole discretion;
- Will not disclose sensitive personal information of others; and
- Will not interfere with, disrupt, or attack any service or network.
5. Specific Service Terms
a. ‘Processes for Trello’ Power-Up
The Processes for Trello Power-Up allows teams to break down complex work items on their Trello boards into interdependant sets of tasks, represented by individual Trello cards. The Power-Up provides specific functionality to manage dependant task cards, control the progress of composed and sub-tasks, and to implement recurring processes via process templates.
This service is provided through the Trello Power-Up platform at Trello.com operated by Trello, Inc.. We are not affiliated, associated, authorized, endorsed by or in any way officially connected to Trello, Inc.
Note that the operation of our Service depends on the proper functioning of the Trello plattform, which is beyond our ability to control.
Prohibited Uses. You agree not to:
- Use the service for other purposes than it was created;
- Modify, decompile, reverse engineer or otherwise alter or seek to derive the trade secrets and other inherent intellectual property of the Processes for Trello Power-Up;
- Introduce any malicious software or technically harmful data like virus, worms, or logic bombs or otherwise attempt to modify or interfere with the service;
- Remove, disable, modify, or tamper with any program code or data, copyright, trade mark or other proprietary notices contained in the service; or
- License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit or make the Processes for Trello Power-Up available to any third party.
6. Intellectual Property
The Agreement does not transfer from processes.ai to you any processes.ai or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with processes.ai. Certain trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any processes.ai or third party trademarks.
We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of processes.ai, or by the posting by processes.ai of a revised version. If we make changes that are material, we will let you know by by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) close your account to prolonged inactivity, (ii) ask you to make some adjustments to resp. restrict the way you use our Services, if we believe your account’s storage or bandwidth usage is out of hand and/or burdens our systems, or (iii) terminate or deny access to and use of any of our Services to any individual or entity for any reason.
If you wish to terminate this Agreement, you may simply discontinue using our Services.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Disclaimer of Warranties
Our Services are provided “as is.” processes.ai and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither processes.ai nor its suppliers, make any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you use our Services at your own discretion and risk.
10. Jurisdiction and Applicable Law.
These Terms are governed by and construed in accordance with German law. You irrevocably submit to the non-exclusive jurisdiction of the courts of Berlin, Germany concerning these Terms and waive any right you may have to claim that those courts are an inconvenient forum.
11. Limitation of Liability
In no event will processes.ai or its suppliers, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. processe.ai shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless processes.ai, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement.
The Agreement constitutes the entire agreement between Automattic and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; processes.ai may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.