End User Licence Agreement and Terms of Use — CloudScript.io Mermaid
These terms govern your use of the CloudScript.io Mermaid app (the "App") for Confluence Cloud, published on the Atlassian Marketplace by Patrick Roumanoff trading as Cloudscript.io (ABN 72 287 293 373) ("CloudScript.io", "we", "us"). By installing or using the App, the customer organisation and its users ("you") agree to these terms. If you do not agree, do not install or use the App.
1. Relationship to the Atlassian Marketplace terms
The App is distributed through the Atlassian Marketplace, and your installation and use are also subject to Atlassian's Marketplace Terms of Use and the agreements that govern your use of Confluence Cloud. These terms are additional to those Atlassian terms and apply specifically to the App; where these terms conflict with mandatory Atlassian Marketplace terms, the Atlassian terms prevail to the extent of the conflict.
2. Licence
Subject to your compliance with these terms and your valid procurement of the App through the Atlassian Marketplace, CloudScript.io grants you a non-exclusive, non-transferable, revocable licence to install and use the App within your licensed Confluence Cloud site for your internal business purposes for the duration of your subscription.
3. Restrictions
You may not copy, modify, distribute, sell, sublicense, or lease the App, nor reverse engineer or attempt to extract the source code of the App except to the extent that such restriction is prohibited by applicable law, and you may not use the App in any way that breaches these terms, the Atlassian terms, or applicable law.
4. Intellectual property
The App, including its code, design, and documentation, and all intellectual property rights in it, remain the property of CloudScript.io and its licensors. These terms do not transfer any ownership rights to you, and no rights are granted other than the licence expressly set out above.
5. Third-party and open-source components
The App incorporates open-source software, including the Mermaid diagram-rendering library, which is provided under its own licence (the MIT Licence). Your use of those components is subject to their respective licences, and nothing in these terms limits any rights you have under those open-source licences.
6. Data and privacy
The App renders diagrams in your browser within Atlassian's Forge environment and does not transmit your content to CloudScript.io or store it on CloudScript.io systems. Our handling of data is described in the Privacy Policy, which forms part of these terms. You are responsible for the content you enter into diagrams and for ensuring that your use of the App complies with your own obligations in respect of that content.
7. Support
CloudScript.io provides support for the App on a reasonable-efforts basis through the channel described on the Support page. We do not guarantee that the App will be uninterrupted or error-free, or that every issue can be resolved.
8. Disclaimer of warranties
To the maximum extent permitted by applicable law, the App is provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions provide consumer guarantees that cannot be excluded; nothing in these terms excludes, restricts, or modifies any guarantee, right, or remedy that applies to you under applicable law and that cannot lawfully be excluded.
9. Limitation of liability
To the maximum extent permitted by applicable law, CloudScript.io will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of or inability to use the App, and CloudScript.io's total aggregate liability arising out of or in connection with the App will not exceed the total fees you paid for the App in the twelve (12) months preceding the event giving rise to the claim.
10. Term and termination
These terms apply for as long as the App is installed in your Confluence Cloud site. The licence terminates automatically if you uninstall the App or if your subscription ends, and CloudScript.io may suspend or terminate the licence if you materially breach these terms. On termination you must cease using the App; provisions that by their nature should survive termination (including intellectual property, disclaimers, and limitation of liability) survive.
11. Changes to these terms
CloudScript.io may update these terms from time to time, and the current version will be published on this page with an updated effective date. Continued use of the App after a change takes effect constitutes acceptance of the updated terms.
12. Governing law
These terms are governed by the laws of New South Wales, Australia, and the courts of New South Wales have non-exclusive jurisdiction over any dispute arising out of or in connection with them, without affecting any mandatory consumer-protection rights available to you in your place of residence.
13. Contact
Questions about these terms can be directed to CloudScript.io at support@cloudscript.io (see the Support page).