1. General

The present Support Portal Terms and Conditions (hereafter the “Agreement”) bind you, as a user of the Support web site (https://support.elements-apps.com) and by the fact as a consumer of Support and Maintenance Services (hereafter the “Support Portal”), and Elements Apps (hereafter individually referred to as a “Party” and together as the “Parties”).

The acceptance of this Agreement is mandatory and is automatic as soon as you start using the portal.

2. Scope of the Agreement

This Agreement governs the provision of the Support and Maintenance Services of the Elements Apps products or applications (hereafter the “Products“) you have purchased or simply got on the Atlassian platform as a Cloud-based or On-Premise solution, for the duration of the applicable terms (Software License Agreement or Cloud Terms of Use). This Agreement details as well as “how” the Party provides operational Support and Maintenance activities:

• Software Support is defined as fixing broken software (or “Bugs”) with reactive development.
• Software Maintenance is defined as proactive development in adding new features (or “Change Requests”) or triaging low priority bugs that don’t deteriorate the software design and user experience.

The single term “Support” means the standard Software Support and/or Maintenance to be provided by Elements Apps, or its designated agents.

In order for the Support team to help you, you must have followed a configuration supported by Atlassian.

3. The Support Portal

3.1 How to use the Support Portal

The single point of contact for all users is our Support Portal which is a Jira Service Management portal hosted in the Atlassian Cloud.

When help is requested from our Support team, you should create a new request by following these steps:

1/ Log in the Support Portal using your Atlassian account or create one. Therefore, in order to use it, you need to go to the main login page and log in with your Atlassian account, as with all Atlassian Cloud products. If you don’t have one, you need to create one. Every aspect related to the account is not handled by Elements Apps, but by Atlassian.

Please notify us of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

All accounts are personal, we will never ask you for your password or any kind of sensitive information related to your profile.

2/ Select the Product which you are working with by using the suggested categories. If your request is not related to any of our app, select “General Support”.

3/ Fill out the form with as many details as possible in order to speed the issue resolution (include screenshots, dumps, logs, etc.). All attachments (i.e. screenshots, dumps, logs, etc.) will be kept private and will never be communicated to any other third-party entity without your explicit approval.

4/ Click on Create. All new requests Support tickets are private, which means only you and our team can have access to it.

If you need to add more users than only yourself on the request, you can do so by clicking on the share link after the request has been created. The users you add must also have an account.

Alternatively, you can send an email to support@elements-apps.com to create new tickets. If a user account does not already exist with your email address, then an account will be automatically created.

The Support team will then take the request in charge and provide the required details. Several situations may occur:

• Comments are exchanged between you and the Support team until a satisfying solution is found and accepted. The request is then closed.
• The issue is escalated to the development team if the request is related to complex technical subjects.
• A Bug is created and linked to the initial Support request in case it describes a Product malfunction.
• A Change Request is created and linked to the Support request when it describes a new feature not currently available in the Product.

Please note that Bugs and Change Requests are not public.

All updates on the Bug or Change Request resolution are then provided on the new created ticket and the initial Support request is considered answered if no further details are requested from you.

When a Bug or Change Request is closed, associated Support tickets are commented to notify all interested people.

3.2 Level of Support

The Support Portal is accessible to all consumers of our Products, whether they are customers with an active user license or not.

Our team works hard to provide the highest level of Support. We are committed to provide a first answer to your requests within one (1) business day.

3.3 Business Hours

We handle support requests from Monday to Friday, from 3:00 AM to 5:00 PM GMT-5. We are closed on weekends and on public holidays that are common to both Canada and France.

4. Privacy Policy

The Elements Apps Privacy Policy is entirely applicable to the Support Portal.

We may collect personal data from you and your users in connection with your use of the Support Portal.

We undertake to comply with our obligations with respect to the protection of personal data pursuant to data protection regulations, (i.e. the General Data Protection Regulation 2016/679 of 27 April 2016, the Directive (EU) 2016/680 of April 27th,2016, the French Data Protection Act. 78-17 of January 6th, 1978).

5. Limitation of Liability

We shall be liable to you for the foreseeable and direct damages in connection with this Agreement, to the exclusion of indirect damages such as loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of the Product, data or information, failure of security mechanism, interruption of business, costs of delay or for any indirect or consequential damage of any kind.

We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts you provided, or in the case you do not implement the required actions.

In any event, our total liability arising under or in connection with this Agreement shall not exceed the amount you actually paid for the Product maintained.

Nothing in this Agreement shall limit or exclude Parties liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, gross negligence or willful or deliberate misconduct, or any other liability which cannot be limited or excluded by applicable law.

We will have no obligations or responsibility under this Agreement for issues caused by the use of any third-party hardware or software.

If you enable or use third-party products or services with the Product, you acknowledge that the third-party providers may access or use your data as required for the interoperation of their products and services with the Product. You are solely responsible for the decision to permit any third-party provider or third-party product or service to use your data. It is your responsibility to carefully review the terms between yourself and the third-party provider, as provided by the applicable third-party provider.

WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCTS OR SERVICES (WHETHER SUPPORT, AVAILABILITY, SECURITY OR OTHERWISE) OR FOR THE ACTS OR OMISSIONS OF ANY THIRD-PARTY PROVIDERS OR VENDORS.

6. Governing Law & Dispute Resolution

If either Party (hereafter referred to as the “First Party”) believes in good faith that the other Party (hereafter referred to as the “Other Party”) has breached any term of this Agreement, then the First Party shall notify the Other Party, in writing setting forth in reasonable detail the nature of the alleged breach (hereafter referred to as the “Notice of Breach”). If the Other Party does not dispute the validity of the Notice of Breach, then it shall promptly undertake to cure the breach. If, however, the Other Party disputes the validity of the Notice of Breach, then the Parties shall comply with the following provision in order to expedite the review, verification, cure and remedy of any such breach.

Any dispute to be resolved pursuant to this Agreement shall first be submitted for resolution to the authorized contacts of each Party. If such authorized contacts are unable to resolve the dispute within fourteen (14) days after the date on which the Notice of Breach is received by the Other Party (or such longer time as it mutually agreed in writing), then each Party shall be free to pursue whatever remedies hereunder, at law or in equity may be available to it, in respect of the subject matter of the dispute.

The Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including without limitation non-contractual disputes or claims) are governed by and interpreted under French law. Each Party irrevocably agrees that the courts of Paris, France, shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

7. Miscellaneous and General

Parties must maintain appropriate insurance cover with a reputable insurance company against all relevant liabilities and indemnities that may arise under this Agreement.

Nothing in this Agreement is intended to, or shall operate to, create a partnership between the Parties, or to authorize either Party to act as agent for the other, and neither Party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way.

Each Party shall not be liable for any delay or breach in any of its obligations pursuant to this Agreement which originates from a force majeure event within the meaning of Article 1218 of the French Civil Code.

If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any such invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were modified in any way, the Parties shall negotiate in good faith to modify such provision so that, as modified, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

No failure or delay by a Party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

The rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

We may modify this Agreement from time to time, with notice given to you, through the Support Portal. The modifications will take effect at the earlier date between the moment you are informed and the next renewal of the Agreement. If you do not accept the modifications, you cannot use the Support Portal.

Neither Party may assign (except by way of security), transfer, sub-contract or otherwise dispose of this Agreement and any of its rights or obligations thereunder, without the prior written consent of the other Party.

The Agreement constitutes the entire agreement and understanding between the Parties relating to their subject matter and supersedes any previous agreement between them relating thereto. In entering into this Agreement neither Party has relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether made innocently or negligently and whether or not made in writing) of any person (whether or not Party to this Agreement) which is not expressly set out in this Agreement. Nothing in this clause shall, however, operate to limit or exclude any liability for fraud.