Terms & Conditions of Use

Last updated 07 May 2017

BY EXECUTING A SIGN-UP OR ORDER FORM THAT REFERENCES THESE TERMS AND CONDITIONS, YOU AGREE TO THE THESE TERMS AND CONDITIONS OF USE. IF YOU ARE SIGNING UP FOR THE SERVICES PROVIDED BY Deckard.AI GmbH ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS OF USE, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF USE, YOU MUST NOT ACCEPT THEM AND YOU MUST NOT USE THE SERVICE.

1. This Service

The Deckard Intelligence Service is provided by Deckard.AI GmbH to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms & Conditions.

2. Eligibility

You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms & Conditions.

3. Registration and Account Integrity

3.1 As part of the registration process you will need to create an account, including a username and password or sign-up with a third party provider. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. We reserve the right with or without notice to suspend or terminate any account in breach.

3.2 Where we provide an organisation with a number of user licenses for the Service these must be adhered to. User licenses cannot be shared between users. A breach of this clause will result in termination of the abused accounts and/or all accounts provided to the organisation.

3.3 If for any reason you suspect that your username and password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username and password.

4. Pricing, Plans and Features

4.1 For current pricing and plans please see the pricing page located on our website at http://intelligence.deckard.ai.

4.2 We reserve the right to change pricing, plans and the features offered at any time and without notice to you.

5. Payment and Credit Control

5.1 All services are billed monthly in advance (except where we may offer the option to pay for our service 12 months in advance).

5.2 Where the Service has been paid for 12 months in advance, (where this option is offered by us) payment will be taken in full on each anniversary.

5.3 It is a condition of use that a valid debit or credit card is provided at all times in order for your account or accounts to remain active. Your debit or credit card information will be held with our payment provider. We will not hold a record of your debit or credit card information.

5.4 Where a credit or debit card payment request is made by us and is declined by your card company or bank (for whatever reason) access to your account or accounts may be suspended immediately until such time as a valid payment has been processed and a valid credit or debit card is associated with your account or accounts.

6. Cancellation

6.1 You may cancel your account or accounts at any time.

6.2 Cancellation should be done in writing via email to billing@deckard.ai.

6.3 Cancellation by any other means, including (but not limited to) telephone call, fax, text or instant message is not valid.

6.4 No refunds will be provided for remaining unused days under a monthly account or accounts.

6.5 For 12-month accounts (where offered) a refund will be offered for up to 6 complete remaining months of the service not used. No refund will be offered for days remaining in the month of cancellation.

7. Upgrading or Downgrading Accounts

7.1 Users have the ability to upgrade or downgrade their accounts and the services offered at any time.

7.2 Where an account is downgraded the applicable user will be responsible for all the data within the account and any loss of data caused by the downgrading and removal of any service within the account connected to the downgrade.

7.3 Users should backup and download their data prior to requesting a downgrade in service.

7.4 No refunds will be offered for downgraded monthly accounts that have been downgraded before the monthly charge is due on the account. The new lower monthly charge will be automatically applied on the ususal date of the monthly charge.

7.5 Where an account is upgraded the new higher monthly charge will be automatically applied on the next ususal date of the monthly charge.

7.6 In the case of 12-month accounts (where offered) no refunds will be offered for downgraded 12-month accounts that have been downgraded before the yearly charge is due on the account. The new lower yearly charge will be automatically applied on the ususal date of the yearly charge.

7.7 Where a 12-month account is upgraded the increased charge will be applied immediately to the account for the additional amount due until the anniversary date.

8. Trial and Offer Periods

8.1 Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.

8.2 Only one person may use a single free or trial account, the account cannot be shared amongst multiple individuals.

8.3 These Terms and Conditions apply to all trial or offer period accounts.

9. Technical Support

9.1 We reserve the right not to provide a full technical support service to free or trial account users.

9.2 For customers on “Starter” plan Technical support is provided via email and such other means as we decide in order to provide a proper service to users.

9.3 For customers on “Professional” and “Enterprise” plan expedited Technical support via telephone is provided on demand according to capacity.

10. Specific Service Rules

10.1 As a user you agree not to do any of the following:

(a) Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third party.

(b) Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.

(c) Use or harvest data provided by other users in a way that they would object to.

(d) Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organisations.

(e) Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.

(f) To pose as another user, third party or organisation employee for the purposes of obtaining user or third party information.

(g) To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.

(h) Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and users.

(i) Reframe or repurpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.

(j) Permit any third party to access the Service except as permitted herein or as specified by the terms of your subscription.

(k) Create derivate works based on the Service except as authorized herein.

(l) Copy, frame or mirror any part or content of the Service, other than copying or framing on your own intranets or otherwise for your own internal business purposes.

(m) Reverse engineer the Service.

(n) Access the Service in order to (i) build a competitive product or service, or (ii) copy any features, functions or graphics of the Service.

(o) Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.

(p) Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.

(q) Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.

10.2 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.

11. Content Ownership

11.1 As a user you retain all ownership rights to content provided by you.

11.2 You warrant that any content provided by you does not belong to a third party whose rights have been violated by the content being posted on to the Service. Furthermore if any content is owned by a third party you agree to pay all royalties, fines and settlements owed to that party, without seeking any contribution from us.

12. Copyrighted Material

12.1 We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.

12.2 Where notified of such breaches by the owner of such content we will remove the content from the Service as soon as practicable. But only where we can reasonably ascertain the true owner of such content.

12.3 If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.

13. Content Monitoring

Users can freely add content to the Service. We do not monitor or assume any responsibility for content posted onto the Service. If at any time we decide to monitor the Service on any occasion it does not mean that we assume responsibility for removing any content or the conduct of any users at the time or in the future.

14. Termination

14.1 We may terminate your user account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.

14.2 Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses 11 and 18.

15. Access and Backups

15.1 We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, we do not accept any responsibility for “down-time” or poor performance of our servers or infrastructure, or where the Service is unavailable for any other reason, whether within or outside our direct control.

15.2 You are solely responsible for backing up any content or data entered onto the Service by you. We strongly recommend that you regularly and completely backup all of your content and data on the Service.

16. Disclaimer

16.1 We are not responsible for the accuracy of any content on the Service.

16.2 We are not responsible for any links to third party websites from the Service and the inclusion of any link does not imply an endorsement of a third party website or service by us.

16.3 Neither party makes any warranties of any kind, whether expressed, implied, statutory or otherwise, and each party specifically disclaims all implied warranties, including any warranties of merchantability or fitness for a particular purpose, to the maximum extent permitted by applicable law.

17. Limitation of Liability

We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profits.

18. Indemnity

You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms & Conditions whilst using the Service or any other service provided by us.

19. Privacy

Use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.

20. Data protection

20.1 We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data.

20.2 We shall not modify your data.

20.3 We shall not disclose your data except as compelled by law and in accordance with our Privacy Policy or as expressly permitted in writing by you.

20.4 We shall not access your data except to provide the Service and prevent or address service or technical problems, or at your request in connection with customer support matters.

21. Severability

The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

22. Waiver

Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

22. Entire Terms & Conditions

These Terms & Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms & Conditions at any time, on giving reasonable prior notice to you.

23. Jurisdiction

These Terms & Conditions shall be interpreted, construed and enforced in accordance with German law and shall be subject to the exclusive jurisdiction of the Berlin Courts in Germany.

Privacy Policy

Last Updated: May 03 2017

Deckard AI, Deckard.AI GmbH. (“we”/“us”) is committed to protecting your privacy. We make the website, https://deckard.ai (the “Website”) available together with our services as further described in our Terms of Service, http://deckard.ai/terms (the “Services”). This Privacy Policy describes how we collect, store, use and distribute information about our users through the Website and Services.

1. Consent

By using the Website or our Services you consent to the use of your Personal Information as described in this Privacy Policy. Except as set forth in this Privacy Policy, your Personal Information will not be used for any other purpose without your consent. We will not actively collect Personal Information for the purpose of sale or marketing in a way that specifically identifies the individual. In other words, we don't sell customer lists. You may withdraw your consent to our processing of your Personal Information at any time. However, withdrawing consent may result in your inability to continue using the Website and/or the Services.

2. Collection of Information

We aim to collect, use and disclose only such information as is required to enable us to manage your account, to provide the Services, to maintain our customer/visitor lists, to respond to your inquiries or provide feedback, for identification and authentication purposes and for service improvement. We will maintain the confidentiality of any contact information you provide to us on signing up for our Services or contacting us with questions or for further information and we will use it only for the purposes for which we have collected it (subject to the exclusions and disclosures we have listed below), unless you agree that we may disclose it to other third parties.

3. Types of information collected through our Services

Personal Information and Non-Personal Information. This Privacy Policy does not extend to the collection, use or disclosure of the following information which is currently not limited by applicable privacy laws: (a) information that is publicly available, such as names, addresses, telephone numbers and electronic address when listed in a directory or made available through directory assistance; or (b) Non-Personal Information (as defined further below).

3.1 “Personal Information”

is personally identifiable information, such as your name, address, email address, credit card information, birth date and gender. At the time of collection, we will clearly identify the information being collected and the purposes for which it will be used. It is always your choice whether or not to provide Personal Information but if you choose not to provide certain requested Personal Information, in some instances you may not be able to register to use the Website or be able to access and use the Website at all. In other instances, your choice not to provide certain other Personal Information may mean that you will not be able to use certain features of the Website. We may collect Personal Information in respect of the Website through registration processes; communications with you; information downloads; service purchases; user support; and surveys.

3.2 “Non-Personal Information”

is information of an anonymous nature, such as an Internet Protocol Address (IP Address), the domain used to access the Website, and the type and version of browser or operating system being used by visitors to the website. Aggregate information, such as demographic statistics of our users (e.g. average age or geographical allocation of our users), number of visitors, what pages users access or visit, and average time spent on the Website is not considered Personal Information. Similarly, business contact information such as the name, title, business address, or telephone number of a business or professional person or an employee of an organization is not considered Personal Information. Although the use of certain Non-Personal Information collected, used or disclosed through the Internet as described herein is not restricted (and to the extent that such is the case, the obligations under this Privacy Policy do not apply to such information), we provide information in this Privacy Policy about the collection of such information for the sake of transparency with respect to the operation of the Website. Such Non-Personal Information is collected or derived by us in the course of operating this Website. For example, our web servers may automatically collect Non-Personal Information that is provided through your browser or stored in a cookie when you choose to visit the Website.

4. Purpose of collection of Information

4.1 Registration: In order to sign up for our Services you must register using your GitHub  or Google account and we will be able to access Personal Information associated with your account pursuant to GitHub's or Google’s privacy practices (see further, ‘GitHub Integration’ below). If you would like to integrate Deckard AI with Atlassian products (Jira, Bitbucket, Confluence), after authentication, Deckard will be able to access your personal information associated with your Jira account pursuant to Atlassian's privacy practices (see further, ‘Atlassian Integration’ below). In general, none of your account registration information will be shared with any other users of our Services, unless you have set up an account as part of a team.

4.1.1 GitHub Integration: We integrate tightly with GitHub's API and Open Authentication (OAUTH) system and observe GitHub's Terms of Service. We do not read your code, but read commit metadata and the contents of your Issues and Pull Requests. We only use your GitHub data for its intended use: providing project management insights and showing relevant information to your team members. This does include storing basic information (GitHub user IDs, Organization name and members, Repo IDs and Issue metadata) in order to increase speed of delivery, facilitate social collaboration, calculating payments, and make inviting your coworkers easier in the future.

4.1.2 Atlassian Integration: We integrate  with Atlassian's API and Open Authentication (OAUTH) system and observe Atlassian's Terms of Service. We only use your Atlassian data for its intended use: providing project management insights and showing relevant information to your team members. This does include storing basic information (Jira’s user IDs, project names and members, issue data).

4.4 Transactional Notifications: We provide notifications for certain activities relating to your use of our Services despite your indicated email preferences, for example we may send you notices of any updates to our Terms of Service or Privacy Policy.

4.5 Marketing Communications: If you opt-in to receive marketing communications from us, we will keep you up to date on our products and services. You may withdraw your consent to receiving marketing communications from us at any time by following the opt-out instructions in each communication, or by contacting us at hello@deckard.ai.

4.6 Analytics: We also collect analytics about use of the Services and the Website. This information will be kept confidential, however, aggregate statistics that do not personally identify an individual will be kept by us and such aggregate statistics may be made available to other members or third parties.

4.7 System Logs & Cookies: Cookies are used by us to track content usage and traffic on the Website. A cookie is a feature of your web browser that consists of a text file that is placed on your hard disk by a web server. The Website uses cookies to help it compile aggregate statistics about usage of this Website, such as how many users visit the Website, how long users spend viewing the Website, and what pages are viewed most often. This information is used to improve the content of the Website. You can set your browser to notify you when you are sent a cookie. This gives you the chance to decide whether or not to accept it. If you disable cookies, you may not be able to take advantage of all the features of the Website. We do not link any of the information we use in cookies to any personally identifiable information submitted by you when you are on the Website. Your IP address is reported by your web browser whenever you visit a page on the Website. This information is recorded together with your registration information on our databases. If we plan to use your Personal Information in future for any other purposes not identified above, we will only do so after informing you by updating this Privacy Policy. See further the section of this Privacy Policy entitled ‘Amendment of this Policy’.

5. Disclosures & Transfers

We have put in place contractual and other organizational safeguards with our agents (see further below) to ensure a proper level of protection of your Personal Information (see further Security below). In addition to those measures, we will not disclose or transfer your Personal Information to third parties without your permission, except as specified in this Privacy Policy (see further Important Exceptions below). From time to time we may employ third parties to help us improve the Website and/or the Services. These third parties may have limited access to databases of user information solely for the purpose of helping us to improve the Website and/or the Services and they will be subject to contractual restrictions prohibiting them from using the information about our members for any other purpose. Such service providers currently include our website host, cloud service provider, email marketing service provider, analytics providers and payment processors. Our service providers store data in EU and in the United States and accordingly your Personal Information may be available to government or law enforcement agencies in these countries under a lawful order, irrespective of the safeguards we have put in place for the protection of your Personal Information.

6. Important Exceptions

We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Website members, other users of the Services, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. We will only disclose your Personal Information to government officials if we are compelled to do so by a lawful order enforceable in our jurisdiction. We may also disclose your Personal Information in connection with a corporate re-organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of our assets or stock, including any due diligence exercise carried out in relation to the same, provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information.

7. Security

The security of your Personal Information is important to us. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to us. We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you. You are also responsible for helping to protect the security of your Personal Information. For instance, never give out your account information or your password for the Services to third parties.

8. Retention

We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained personal information will remain subject to the terms of this Privacy Policy. If you request that your name be removed from our databases, it may not be possible to completely delete all your Personal Information due to technological and legal constraints. Amendment of this Policy: We reserve the right to change this Privacy Policy at any time. If we decide to change this Privacy Policy in the future, we will notify you by email or by posting a notice on our site or blog. Any non-material change (such as clarifications) to this Privacy Policy will become effective on the date the change is posted and any material changes will become effective 30 days from their posting on the Website. Unless stated otherwise, our current Privacy Policy applies to all Personal Information that we have about you. The date on which the latest update was made is indicated at the bottom of this document. We recommend that you print a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure you are aware of any changes. Your continued use of the Website signifies your acceptance of any changes.

9. Access and Accuracy

You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information although in certain limited circumstances, we may not be able to make all relevant information available to you such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner. We will make every reasonable effort to keep your Personal Information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service.

Contact Us:

You can help by keeping us informed of any changes such as a change of address or telephone number. If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at: support@deckard.ai.