TeamDev Projects Terms and Conditions

These Terms and Conditions regulate your use of TeamDev Projects, which is owned and maintained by TeamDev, Ltd (“TeamDev”).
By using the Software you agree to these Terms and Conditions. You also represent and warrant that You are of the age of majority or older in the jurisdiction in which you reside or that your legal guardians have reviewed and accepted these Terms and Conditions.
TeamDev may revise these Terms and Conditions and make the updates available on this page. Please bookmark this page or subscribe to changes to make sure you are updated on the changes made here.

Terms last updated on 2013-22-08.


Definitions

“Software” means TeamDev Projects.
“You” means you as an individual or the representative of an entity, authorized to act on behalf of the entity.
“Services” means support or any other activity related making available to You the Software.
“Users” means personnel in Your organization domain, to whom You intend to make the Software available.


Services

  1. TeamDev shall make available the Software to you subject to all conditions described herein.
  2. Subscriptions to the Software will be made available to a certain number of team members based on Your request.
  3. TeamDev will do its best to provide you uninterrupted access to the Software, but the Software operates on the Third Party (as defined below in this document) services, such as Google Cloud Platform and Google APIs and thus the Software’s availability depends on these services as well.
  4. TeamDev agrees to provide you with support service for the Software via email and forums.
  5. Content and user information submitted by You and Users to the Software are protected with TeamDev Projects Privacy Policy.
  6. TeamDev will provide You access to the Software for the purposes of evaluation for the period of 60 days. When Your trial period expires, the access to the Software will be limited by TeamDev. You will be given an option to continue using the Software based on subscription, subject to any fees as described in this document.

Use of the Software

Software is intended to be used as a personal and team project management tool. Any use of the Software, which does not correspond the main purpose described here or at Support site is at your own risk.

Your use:

  1. You take sole responsibility of any content submitted to the application.
  2. You take sole responsibility for the content posted on public Software forums and sites. By this you acknowledge that with regard to any personal or confidential information you make available publicly, you have the right to do so.
  3. You will use the Software according to the law of the jurisdiction in which you reside and you take responsibility for any wrongful act you may take using the Software.

You are not allowed to:

  1. Make available the Software to more people than it is provided by your subscription.
  2. Use the Software using someone else’s identity.
  3. Use the Software if you are not of the age of majority or older in the jurisdiction in which you reside, or if your legal guardians have not reviewed and accepted these Terms and Conditions.
  4. Reverse engineer the Software, use manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the Software.
  5. Sell, resell or sublicense the acquired access to the Software.
  6. Post at public Software forums or sites content or initiate communications which are unlawful, threatening, libelous, abusive, obscene, discriminatory, or otherwise objectionable.

Fees and Payments

Use of Software is subject to a subscription fee according to the number of Users You intend to make the Software available to, including External Users, as defined in the “Third Party” section below.

TeamDev will make available to you the information on the payments scheme and/or immediate payment due at the time of Software acquisition, and no less than 30 days before any next payment is due.


Services Suspension

TeamDev reserves the right to suspend the Services in the following cases.

Software Deletion

TeamDev will terminate Your use of and access to the Software and Services based on your request.

Suspension

  1. TeamDev may terminate your access to the Software and Services upon termination of your trial period.
  2. TeamDev may terminate your access to the Software and Services, in case of Your (a) breach of any terms in these Terms of Services or (b) non-payments of any amounts due to TeamDev, with a prior warning of 30 days and provision of opportunity to cure such a breach. You agree that in case of such termination of your access to the Software or the Services TeamDev will not be liable to you or any third party for any costs or damages of any kind for or resulting from termination of your access to the Software and Services.

Third Party

The Software and Services operation relies on the third party services, such as Google Cloud Platform, Google APIs, and Google Apps service (“Third Party”) each regulated by corresponding Third Party terms and policies. Third Party may access the data related to Your use of the Software and Services for the purposes of providing or terminating Your access to the Software. TeamDev does not control the Third Party services and is not responsible or liable for any losses or damages arising from any operation lag, data loss or misuse resulting from Third Party services operation. TeamDev disclaims all representations and warranties, whether expressed or implied, respecting any Third Party, including, without limitation: (a) the operation of any Third Party service or that such service will be uninterrupted or error free (b) that defects or errors in such service will be corrected; or (c) the collection, use, storage, disclosure or security of any information or content that is accessed by the Third Party.

External Users

TeamDev does not endorse access to Your instance of the Software to any party, but You, as an administrator of your Software instance may grant access to the data contained in your instance of the Software to the Users outside Your company domain (“External User”). TeamDev is not responsible or liable to You for any losses or damages arising from Your dealing with External Users. You provide access to Your instance of the Software solely at Your own risk and in accordance with any agreements that You have with the External Users. TeamDev disclaims all representations and warranties, whether expressed or implied, respecting any use of the Services by the Users outside Your company domain including, without limitation: (a) absence of malicious code; (b) legality, accuracy, completeness, reliability of the content submitted by External Users (b) non-infringement, title of any information, material, or content submitted by External Users; (c) collection, use, disclosure or security of any data that you make available to the External Users.


Proprietary Rights

TeamDev retains all right, title and interest in and to the Software, including all related intellectual property rights.

You retain all rights in and to the information You submit while using the Software and Services, and you authorize TeamDev to copy and use this information for the purpose of providing you the Software and Services.


Trademarks

“TeamDev Projects” is a trademark of TeamDev Ltd. Nothing in these Terms of Services, or in the process of using the Software and Services shall be construed as granting you the right to use any trademark, logo or artwork belonging to TeamDev Ltd.


Warranties

TeamDev Warranties

Except as stated in the “Third Party” clause above, TeamDev warrants that TeamDev will not transmit malicious code to you through the Software and Services.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, TEAMDEV DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTY REGARDING SOFTWARE AVAILABILITY, ABSENCE OF DEFECTS AND ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY WHATSOEVER.


Indemnification

Indemnification by TeamDev. TeamDev shall defend You against any suit or proceeding, including reasonable attorney's fees and costs, arising out of any claim that the use of the Software or Services as permitted herein infringes any intellectual property right of any third party, provided that You (a) promptly give TeamDev written notice of such claim; (b) give TeamDev sole control of the defense and settlement of the claim; and (c) provide to TeamDev all reasonable assistance and authority, at TeamDev's expense.

Indemnification by You. You agree to defend TeamDev against any suit or proceeding, including reasonable attorney's fees and costs, arising out of any claim that content You submit, or Your use of the Software and Services infringes the intellectual property rights of a third party or violates applicable laws, provided that TeamDev (a) promptly gives You written notice of such claim; (b) gives you sole control of the defense and settlement of the claim; and (c) provides to You all reasonable assistance and authority, at Your expense.


Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TEAMDEV OR ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE AND SERVICES, EVEN IF TEAMDEV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TEAMDEV'S LIABILITY RESPECTING ANY INCIDENT ARISING FROM, RELATING TO OR CONNECTED WITH THE SOFTWARE OR SERVICES WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS THAT YOU OWE TO TEAMDEV, IF ANY, FOR ONE BILLING PERIOD, CURRENT TO THE EVENT OCCURRENCE.


Severability

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


Governing Law

By accessing the Software and Services you agree that all matters relating to Your use of the Software and Services are governed by the Law of the state New York, and consent to the exclusive jurisdiction and venue in the federal courts siting in New York, New York unless no federal subject matter jurisdiction exists, in which case you consent to jurisdiction and venue in the state courts of the Borough of Manhattan, New York, and expressly disclaim the applicability of the laws of any other state or jurisdiction to the maximum extent possible.