Terms & conditions

Last updated: 04/11/2022
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‍‍The following End-User terms of service (“Terms and conditions” and/or “Agreement”) sets forth the terms and conditions upon which Rebug Studios LTD (“re:bug” and/or “WE”, “US”) offers you (the “Customer” and/or “end-user”, “YOU”), upon your request as part of the subscription process, access to any re:bug software, solution, product, website, marketplace application, tool, support or service (“Services”) solely for the authorized purpose as described herein and in the service description and functionality.

This agreement is entered by and between Rebug Studios LTD, a company registered in Israel with registration number 516663200, having its principal address at 63 Sharet Moshe street, Haifa and the Customer.

By accepting these terms and conditions, the Customer represents and warrants that the Customer is legally capable to enter into contract and in case Customer is acting on behalf of A business entity, Customer is duly authorized to enter into agreement on behalf of the entity the Customer is representing. 

Therefore, by signing-up, ordering, and/or using re:bug services, the Customer agrees to be bound by all of the terms and conditions of this agreement (hereinafter referred to as the Agreement).

If you do not agree to these Terms and conditions, do not access or use the Service. This is a legally enforceable contract. From time to time, re:bug may modify these Terms and conditions, effective upon notice to you. Your continued access to or use of the Services constitutes your acceptance of any such revisions.  No other amendment, modification or supplement of any provision of these Terms and conditions will be valid or effective unless made in writing and signed by us. Neither any course of conduct between re:bug and you shall act to modify these Terms and conditions. Before you choose to subscribe to our services please take the time and read our privacy policy which is an integral part of this agreement and by using our services you hereby warrant that you have read and consent to our privacy policy terms.

‍Re: SCOPE OF SERVICE

‍re:bug offers next generation bug reporting services which includes the following:
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The software managed by re:bug.Capturing issues (bugs, stories, improvements) from your application and reporting them into your Jira project.

Adding additional information on the captured issues (including adding more files, videos, images and annotations).

The functional and technical support for the software.For any issue related to the Services, Customer may contact re:bug’s support by sending an email to support@rebug.app. Only the Customer or the Customer’s authorized user may contact re:bug’s support teams.

Re:  LICENSE

‍Subject to YOU choosing and paying the fees attributable to the Services and these terms and conditions, re:bug hereby grants YOU a limited, personal, non-exclusive, non-transferable license, limited in time, right and license to access and use the Services solely for the purpose and to the extent authorized by re:bug and under these Terms and conditions. 
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Re: LAWFUL USE OF THE SERVICES; PROHIBITED USE; USER CONTENT
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‍The Customer hereby agrees to use the Services only in an authorized manner as per the terms of this Agreement. In case it is found that the Customer’s use of Services violates the terms of this Agreement or any other law, rule or regulation enacted by the concerned authorities from time to time, re:bug reserves the right to terminate the Agreement with immediate effect.

YOU will not, and shall not permit any third party to access or use the services except as expressly authorized by this Agreement and/or re:bug specific written consent.

End-User may not license, lease, sell, rent or lend the software and services to any third party and may only use the services for End-User’s personal use. Furthermore, the End-User may not copy, modify, reverse engineer, decompile, disassemble, adapt, make derivative works of, or attempt to derive the source code of the software or permit any party to do so.

End-User will not (i) input, upload, transmit or otherwise provide to or via the Services any information or materials that are unlawful or harmful, or contain, transmit, or activate any software, device or other subject matter (including any service, code, file or program) that is designed to prevent, impair, or otherwise adversely affect the operation of any computer service, hardware or network, any telecommunications service, equipment or network or any other service or device, (ii) develop any third-party applications or services outside of our API that interact with the Services without re:bug’s prior written consent; (iii) use the Services for any unlawful or unauthorized purpose or engage in or promote any activity that violates the terms and conditions of this Agreement; (iv) infringe upon or violate any intellectual property or proprietary rights of any third party; (v) create, upload, post or store any Content that contains any software viruses, corrupted data, spam or other harmful, malicious, destructive or disruptive files or content on the Services; or (vi) create, upload, post or store any Content that contains private or personal information of a third party without such third party’s consent.

You are solely responsible for the information that you transmit or submit via our services.

‍Re:  FEES, TAXES, CHARGES

‍Subscription fees (plus any applicable taxes and other charges) shall be automatically charged in advance upon subscription of each account in accordance with the amount of users defined within the Atlassian account, and then on a renewable term on a monthly basis, indefinitely, until the end of the term as detailed below, by credit card, or such other means as accepted by Atlassian which YOU will pay to directly. YOU will ensure that sufficient funds are available on the relevant account and acknowledge that late payment may result in the suspension of service or termination of this Agreement. All amounts and fees stated or referred to in these Terms and Conditions are non-cancellable and non-refundable. You access to and use of the Services is conditional on full, timely payment of all applicable fees. re:bug reserves the right to revise these fees at any time upon a written notice which will be published on its website at www.rebug.app and on the Atlassian market place app page. Customer acknowledges that the all applicable taxes, duties or government levies whatsoever are not included in the fees and expenses charged under this Agreement. Customer will make timely payment of all such taxes, duties or government levies related to this Agreement if and when applicable.

Re: OUR RESPONSIBILITIES, REPRESENTATIONS, WARRANTIES & LIABILITIESIn the performance of Services, re:bug agrees to:

‍1. Perform the Services to the best of its ability and with the degree of care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances;
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2. Liaise with the Customer through the Customer’s coordinator on matters related to the use of, and the identification and resolution of errors in the Service;
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3. Act in full compliance with our terms of our privacy policy.

re:bug warrants that it will, at its expense, make reasonable efforts, to correct any errors for which re:bug is directly and solely responsible, provided that the data necessary to correct such errors is available to re:bug; or at re:bug‘s discretion. 

Customer acknowledges that re:bug’s provision of the Services, including Third Party Services and/or Products, is dependent on the factors (“Third Party Factors”) such as facilities, networks, connectivity, and acts or omissions controlled by third party providers such as internet providers, and other third parties. Performance of the Services may be affected significantly by such Third Party Factors. Third Party Factors are deemed to be outside re:bug’s span of control. re:bug will have no liability for any reduction, interruption, termination or suspension of the Services related to any Third Party Factors that re:bug reasonably believes to be outside of its control, including without limitation data center outages and failures of third party software.

re:bug provides the Services “as is”. Customer expressly agrees that use of the Services is at Customer’s sole risk. re:bug and its subsidiaries, affiliates, officers, employees, agents, partners, vendors and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchant ability, fitness for a particular purpose and non-infringement. Customer hereby agrees that the terms of this Agreement shall not be altered due to custom or usage or due to the parties’ course of dealing or course of performance under this Agreement.

re:bug and its subsidiaries, affiliates, officers, employees, agents, partners, vendors and licensors shall not be liable for any indirect, incidental, special, punitive or consequential damages, including but not limited to damages for lost profits, business interruption, loss of programs or information, and the like, that result from the use or inability to use the Services or from mistakes, omissions, interruptions, deletion of files or directories, errors, defects, delays in operation, or transmission, regardless of whether re:bug has been advised of such damages or their possibility.

The maximum liability of re:bug in contract, tort (including negligence), statutory duty, or otherwise arising out of or in connection with the Terms and Conditions or the Services; shall, in respect of any one or more events or series of events (whether connected or unconnected) taking place within any six month period, be limited to the subscription fees paid by Customer in such period.

Re: CUSTOMER'S RESPONSIBILITIES, REPRESENTATIONS AND WARRANTIES

‍Customer agrees to:

1. Provide all necessary information and any special forms or other required materials or information to re:bug on schedule or in a timely fashion to enable re:bug to provide the Services;

2. Ensure accuracy, legibility and completeness of all data supplied to re:bug and be solely responsible for the results obtained from Customer’s use of any of the Services;

3. Liaise with re:bug through a coordinator the Customer will identify, on matters related to the Services, and authorize that coordinator to make decisions on behalf of Customer in relation to the implementation of this Agreement and the Services and any changes thereto;

4. Control, and be responsible for the use of account information, user ids related to the Services, where required.

Customer represents and warrants to re:bug that the information provided by the Customer for the purpose of establishing an account with re:bug is accurate and Customer has complied with and will continue to comply with all applicable laws, including privacy laws, and has obtained and will continue to obtain the requisite privacy consents in the collection and use of all information that may be collected and transmitted via re:bug Services.

Re: TERM, TERMINATION & SUSPENSION OF SERVICES

‍The subscription term shall begin on the effective date of Customer subscription to the services and will remain in force on a renewable term of a monthly basis, indefinitely, until you choose to end it by unsubscribing to our Services via Atlassian’s marketplace environment. The Renewal Subscription Term will be on the current terms and conditions of this Agreement.re:bug may terminate or suspend the Services or your access to or use of the Services, at any time at its sole and exclusive discretion.

‍Termination for cause

‍Customer may terminate this Agreement before the end of the Term without liability (except for amounts due for Services provided up to the effective date of termination) if re:bug:Fails to provide the Services in accordance with the terms of this Agreement, such failure causes material harm to the Customer and re:bug does not cure the failure within 15 days of receipt of the notice in writing from Customer describing the failure in reasonable detail.Materially violates any other provision of this Agreement and fails to cure the violation within 30 days of receipt of the notice in writing from Customer describing the violation in reasonable detail.In the event that this Agreement is terminated pursuant to this Section, re:bug will return the fees paid to it for Services in the termination’s respective month. In case of suspension of account, the Customer will not be able to access the Services. re:bug will use reasonable efforts to give Customer an advance notice in writing of suspension of Services.

Effect of Termination

‍Upon the expiration or termination of these Terms and conditions, all license rights of End-User under this Agreement shall automatically and immediately cease and End-User shall promptly cease all use of the Services. Confidentiality and indemnification obligations will survive the expiration and/or termination.

Re: USE OF SUBSCRIPTION

‍In accordance with these Terms and Conditions, the Customer is granted a non-exclusive limited right to use the Services which are made available online as a cloud software. The Customer does not acquire the software or any copy or part of it and is not granted a license to implement the software in any way other than as a cloud subscription.

The Customer's subscription entitles the Customer to use the software for the number users selected. If the Customer needs to increase the number of users or modules, the subscription will be upgraded and the Customer shall agree to pay the consequential increase in the subscription at the then current rates of such additional users and modules.
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Only Customer's users are entitled to use the software, and the software may not be used for or on behalf of any other parties or for data processing or the provision of Services for other parties than the Customer. The Customer agrees to be fully responsible and liable for any third parties that are given access to the software by the Customer or who use the Customer’s log in details.

The Customer is not entitled to assign the subscription or grant access to the software, whether in full or in part, to any third party.

The Customer shall ensure that the software is not used in any manner which reflects adversely upon the name, reputation and/or goodwill of re:bug or in breach of any applicable laws or regulations.

Re: CUSTOMER DATA AND DATA SECURITY

‍As between the parties, the Customer shall own any and all data it provides to re:bug or the software. The software permits the Customer to export records and data held inside the Customer’s device directly to its Jira database via Atlassian’s communication API.

re:bug will not process any Customer data.

re:bug does not STORE any Customer data, but, the access token and avatars (which are stored locally on the device) used in Jira. For further information please refer to our Privacy policy.

Re: INTELLECTUAL PROPERTY RIGHTS

‍All Intellectual Property Rights, including any Software, owned by a party, its licensors or subcontractors as on the effective date of this Agreement shall continue to be owned by such party, its licensors or subcontractors and, except as expressly provided in this Agreement, the other party shall not acquire any right, title or interest in or to such Intellectual Property Rights. re:bug shall own all rights, titles and interests in and to any materials created or developed by re:bug.

The Software and any information provided by it, other than the Customer’s data, is protected by copyright and other intellectual property rights and is owned by or licensed to re:bug. Any development or adaptations made to such intellectual property by Customer shall vest in re:bug. The Customer shall notify Re:bug of any actual or suspected infringement of re:bug’s intellectual property rights and any unauthorized use of the Services that the Customer is aware of. No intellectual property rights are assigned to the Customer.

The Customer represents and warrants that no uploaded material or Customer data will infringe third party rights or intellectual property rights and will not contain any material that is obscene, offensive, inappropriate or in breach of any applicable law.
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Re: CONFIDENTIALITY

‍Each party may be given access to confidential information from the other party in order to perform its obligations and authorized use under these Terms and conditions. A party’s confidential information shall not be deemed to include information that:

(i) is or becomes publicly known other than through any act or omission of the receiving party. (ii) was in the other party’s lawful possession before the disclosure.
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(iii) is lawfully disclosed to the receiving party by a third party without restriction on disclosure.
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(iv) is independently developed by the receiving party, which independent development can be shown by written evidence.
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(v) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory administrative body.

Each party shall hold the other’s confidential information in confidence and, unless required by law, not make the other’s confidential information available to any third party, or use the other’s confidential information for any purpose other than the implementation of these Terms and conditions.

Neither party shall be responsible for any loss, destruction, alteration or disclosure of confidential information caused by any third party.

This section shall survive termination of these Terms and conditions.

Re: INDEMNIFICATION

‍Customer and re:bug shall indemnify, defend and hold harmless each other (and their subsidiaries, affiliates, officers, employees, agents, partners, mandatories, vendors and licensors) of any and all Claims (including third-party Claims) arising as a result of or in relation to any breach of this Agreement or fault by the other party. The Customer shall indemnify re:bug in relation to any activities conducted by Customer through the Services, or otherwise in relation to “Customer’s” products or services.

Re: GOVERNING LAW

‍This Agreement shall be governed by and construed in accordance with the laws of Israel. The Customer agrees, in the event any claim or suit is brought in connection with this Agreement, it shall be brought to the non-exclusive jurisdiction of the courts of Haifa.

Re: SEVERABILITY

‍In the event that some of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any of the other provisions of this Agreement; and this Agreement shall be construed as if such provision(s) had never been contained herein, provided that such provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.

Re: WAIVER

‍No waiver by re:bug of any breach by the Customer of any of the provisions of this Agreement shall be deemed a waiver of any preceding or succeeding breach of this Agreement. No such waiver shall be effective unless it is in writing signed by the parties hereto and then only to the extent expressly set forth in such writing.