Demo Site Terms of Use

1.Acceptance of the Terms of Use

 The following Terms and Conditions, including any referenced documents (collectively ‘Terms of Use’) form a legal agreement between you and any other entity on whose behalf you accept the terms (collectively ‘you’ and ‘your’), and APTIS GmbH (‘APTIS GmbH’, ‘we’, ‘us’, and ‘our’).
The Terms of Use apply to the demonstration site available on the Atlassian Cloud site (the ‘Demo site’) epicsumup.atlassian.net.

By accessing or using the Demo Site you represent that you have read, understood and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use, you may not use the Demo Site.

Access
We reserve the right to terminate or modify the Demo Site (whole or part of it) in any manner in our sole discretion, without notice. We will not be liable if, for any reason, the Demo Site (whole or part of it) is unavailable at any time or for any period. You are solely responsible for making all arrangements necessary for you to access the Demo Site. 
You shall use the Demo Site exclusively to test and evaluate the Epic Sum Up app, a product of APTIS GmbH. 

Data Visible to Other Users
The Demo Site is an Atlassian Cloud site that we reset on a regular basis. Any input from a user of the Demo Site that remains on the instance following your use will be visible and usable to all other users that access the same instance before it is reset. In addition to the rights provided to APTIS GmbH above, you hereby grant to all users of the Demo Site a royalty-free, fully-paid, non-exclusive, non-transferable, sub-licensable, worldwide right to use any data and intellectual property provided by you to every other user of the Demo Site solely to use the Demo Site as described herein.

2.Prohibited Uses

You agree not to access or use (and shall not permit others to access or use) the Demo Sie or APTIS GmbH intellectual property in any manner:

  • Other than for product evaluation purposes (specifically excluding product demonstration, development, or any production or commercial purposes). 
  • To process, use or transmit any confidential and sensitive information of any kind, including factual data regarding your employees and non-public sensitive or personally identifiable information including but not limited to passport numbers, financial information including credit card and other account numbers and health information. 
  • To license, resell or otherwise make them available for third parties. 
  • To reverse engineer or modify them or otherwise create derivative works of them. 
  • To access them for the purpose of developing an app or product that competes with an APTIS GmbH product, the product in the case of this Demo Site being ‘Epic Sum Up’. 
  • To use them to create, store or run harmful computer code, scripts or other programs or engage in any other malicious act. 
  • To disrupt their security, integrity or operation. 
  • To use them to damage the property of another. 
  • That violates any law (from local to international) or promotes any unlawful act or constitutes an illegal threat. 
  • That alters, removes, or modifies any APTIS GmbH or third party data, software or network. 
  • That violates the rights of any person that may give rise to liability under the laws applicable to you, another user, or APTIS GmbH, including but not limited to conflicts with these Terms of Use or the Privacy Policy.
  • To transmit or introduce offensive materials, including those involving profanity, violence, sexual conduct, pornography or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • To monitor or attempt to gain unauthorized access to: (1) an account or computer not belonging to you, any data only a network not owned by you, without authorization, (1) any system user accounts or passwords of others, without authorization, or (3) other identifiers such as email addresses without the consent of the person identified. 
  • That is false or misleading including but not limited to: (1) any attempt to impersonate any person, including other users and APTIS GmbH employees, (2) to misrepresent your identity or affiliation with any person or organization, and (3) any attempt to give the impression that you are posting materials from any person other than yourself. 
  • To copy materials on the Demo Site for any unauthorized purpose. 
  • That may have a detrimental effect on the Demo Site’s function including but not limited to: (1) gaining unauthorized access to compromise the security of the system, disabling or impairing the Demo Site or the server it is hosted on, (2) interfering with the display of the Demo Site, (3) interfering with another user’s ability to access and enjoy the Demo Site, (4) accessing another user’s account or registration data without that user’s written consent, (5) transmitting any harmful element to the Demo Website such as spyware and more, (6) performing, without APTIS GmbH’s prior written authorization, any testing, probing, scanning or penetration of the Demo Site, including without limitation the Community Service, and engaging in any activities that results in any server being the target of a denial of service attack. 

 

Notification of Violation
If you become aware of any violation of these Terms of Use by anyone, you shall immediately notify APTIS GmbH via e-mail to esu@aptis.support.

3. Intellectual property

As between you and APTIS GmbH, all rights, title and interest in and to all intellectual property rights in the APTIS GmbH Intellectual Property are owned exclusively by APTIS GmbH. The APTIS GmbH Intellectual Property is protected by German and international laws regarding copyrights and other intellectual property rights. ‘APTIS GmbH Intellectual Property’ means the information, text, displays and functions of the Epic Sum Up app installed on the Atlassian Cloud Site. As well as any technology used to deliver a seamless Demo Site experience. This includes software modifications and code, as well as enhancements or extensions made by either you or APTIS GmbH.
APTIS GmbH does not grant you (and expressly reserves) any rights or ownership in the APTIS GmbH intellectual property. You hereby grant APTIS GmbH a royalty-free, fully-paid, non-transferable, worldwide right to use: data uploaded by you to the Demo Site, and any other material created by you using the APTIS GmbH Intellectual Property solely to use the Demo Website. 

APTIS GmbH Trademarks
APTIS GmbH logos, product names and everything related such as designs and slogans are trademarks of APTIS GmbH and are not to be used without prior written permission.

4.Monitoring, Enforcement and Feedback

The Demo Site is a shared environment. APTIS GmbH has the right but not the obligation to: 

  • Terminate your access to the Demo Site for any or no reason, including without limitation any violation of these Terms of Use or the Privacy Policy. 
  • Disclose your identity to any third party who claims that material posted by you violates their rights. 
  • Take appropriate legal action, including referral to law enforcement, for any unauthorized use of the Demo Site. 

Without limiting the foregoing, APTIS GmbH has the right to fully cooperate with any law enforcement requesting us to disclose the identity of anyone including materials on the Demo Site. 
You waive and hold APTIS GmbH harmless from any claims resulting from any action taken during an investigation by either APTIS GmbH or law enforcement. 

APTIS GmbH can neither review all material before it is included on the Demo Site nor esure prompt removal of objectionable material after it has been posted and assumes no liability for any action regarding communications or content provided by any user. We have no responsibility to anyone for performance or nonperformance of the activities described in this paragraph. 

Feedback & Suggestions
Requests for support and other communications related to the Demo Site can be sent to: esu@aptis.support.

5.Legal Considerations

Regional Legal Considerations
The owner of the Demo Site is based in Germany. The Demo Site can be accessed from countries around the world. If you access the Demo Site from outside of Germany, you are doing so on your own initiative and are responsible for compliance with local laws. 
Access to the Demo Site from territories where the use of Atlassian products is illegal is prohibited. You acknowledge that you remain responsible at all times. 

Disclaimer of Warranties
APTIS GmbH cannot and does not warrant that any aspect of the Demo Site is free of viruses or other destructive code. You are responsible for implementing sufficient anti-virus protection procedures that satisfy your requirements. 
We will not be liable for any loss or damage caused by harmful technology that may affect your computer in any way due to your use of the Demo Site, the download of materials from it and any website linked on it. 

Your use of the Demo Site is at your own risk. 

APTIS GmbH hereby disclaims all warranties of any kind, expressed or implied, with respect to the Demo Site. 

The foregoing does not affect any warranties which cannot be excluded or limited under appreciable law. 

Limitation of Liability
Except to the extent that a disclaimer of liability is prohibited under applicable law, in no event will APTIS GmbH be liable for damages of any kind, connecting to your use or inability to use the Demo Site. 

Indemnification 
You agree to hold APTIS GmbH harmless from any claims or fees resulting from your violation of these Terms of Use or your use of the Demo Site. 

Governing Law and Jurisdiction 
These Terms of Use any dispute related to it shall be governed by the internal laws of Germany. 

Classification of Website and APTIS GmbH Products
In the event of a dispute, the categorization of any subject matter as either the Demo Site or an APTIS GmbH product shall be made by APTIS GmbH in its sole discretion. 

Termination
APTIS GmbH may terminate these Terms of Use at any time for any reason by giving you written notice and all rights granted to your hereunder shall immediately terminate. 
Notwithstanding the termination of this Agreement for any reason, Sections 3 and 5 herein shall survive. 

Entire Agreement
The Terms of Use and our Privacy Policy constitute the entire agreement between you and APTIS GmbH with respect to the Demo Site and supersede all other agreements, both written and oral. For the avoidance of doubt, these Terms of Use do not supersede any subscription or other agreement which you have been granted the right to use APTIS GmbH products.