These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and LLC "WOMBATS CORP" (identification number 44882380), a limited liability company organized under the laws of Ukraine, with its registered office at 33/37 Laboratorna Str., Kyiv, 03150, Ukraine ("Wombats Corp," "we," "us," or "our").
These Terms govern your access to and use of all software applications ("Apps") published by Wombats Corp on the Atlassian Marketplace, including but not limited to Apps for Jira, Confluence, Bitbucket, and Crowd, across all supported deployment types (Atlassian Cloud and Data Center).
By installing, subscribing to, or using any Wombats Corp App, you agree to be bound by these Terms. If you are acting on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
If you do not agree to these Terms, do not install or use any Wombats Corp App.
Subject to your compliance with these Terms and any applicable license purchased through the Marketplace, Wombats Corp grants you a limited, non-exclusive, non-transferable, revocable license to install and use the App solely in connection with a supported Atlassian Product and in accordance with the applicable documentation.
The license scope, including the number of Authorized Users and the permitted deployment type, is determined by the license tier you purchase through the Marketplace. Free trial licenses and community licenses are subject to the same Terms unless otherwise specified.
You shall not:
All Apps are distributed exclusively through the Atlassian Marketplace. Your purchase, subscription, renewal, and billing are governed by Atlassian's Marketplace Terms and your agreement with Atlassian. Wombats Corp is not responsible for Marketplace billing or payment processing handled by Atlassian. Evaluators and buyers benefit from Atlassian's standard 30-day money-back guarantee policy as administered by the Marketplace.
Pricing for each App is published on the respective Marketplace listing. Wombats Corp reserves the right to change pricing at any time; however, price changes will not affect active subscription periods already paid for.
Certain Apps or features may be offered at no charge or as a time-limited free trial. Wombats Corp reserves the right to modify or discontinue free offerings at any time without prior notice.
Cloud Apps operate entirely within Atlassian's cloud infrastructure using the Atlassian Forge framework ("Runs on Atlassian"). All application logic, data storage, and processing occur entirely within the Atlassian platform. Wombats Corp does not operate external servers or infrastructure for Cloud Apps. Availability, uptime, and infrastructure security of Cloud Apps are governed by Atlassian's terms and service level agreements.
Data Center Apps are installed and operated on the Customer's own infrastructure. The Customer is solely responsible for the hosting environment, infrastructure security, backups, disaster recovery, and compliance of the environment in which the Data Center App operates. All Customer Data processed by a Data Center App resides on the Customer's infrastructure; Wombats Corp does not have access to such data.
You retain all rights, title, and interest in and to your Customer Data. Wombats Corp does not claim ownership of Customer Data.
Wombats Corp Apps are designed to process Customer Data only as necessary to provide the App's functionality:
Wombats Corp does not operate its own data collection servers. Our Apps do not transmit Customer Data to Wombats Corp or any third party, except where explicitly documented in an App's functionality description and Privacy Policy.
Wombats Corp retains all rights, title, and interest in and to the Apps, including all intellectual property rights therein. These Terms do not convey to you any rights of ownership in or related to the Apps.
If you provide Wombats Corp with suggestions, ideas, or feedback regarding an App, you grant Wombats Corp a non-exclusive, worldwide, royalty-free, irrevocable license to use, modify, and incorporate such feedback into our products and services without obligation to you.
Wombats Corp provides technical support during business hours: Monday through Friday, 09:00–18:00 (Kyiv time, EET/EEST), excluding Ukrainian public holidays.
Support requests may be submitted via email at info@wombatscorp.com or through the applicable support channel listed on the App's Marketplace page.
Support covers:
Support does not cover:
Response times and resolution targets are defined in the separate Wombats Corp Service Level Agreement (SLA), available at [link to SLA].
Wombats Corp warrants that each App will perform substantially in accordance with its published documentation when used with a supported version of the applicable Atlassian Product. This warranty does not apply to free Apps, beta features, or trial versions.
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 9.1, THE APPS ARE PROVIDED "AS IS" AND "AS AVAILABLE." WOMBATS CORP DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WOMBATS CORP DOES NOT WARRANT THAT THE APPS WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. WOMBATS CORP DOES NOT WARRANT THE AVAILABILITY, UPTIME, OR PERFORMANCE OF ATLASSIAN'S INFRASTRUCTURE FOR CLOUD APPS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WOMBATS CORP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF ANY APP.
WOMBATS CORP'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE APPLICABLE APP DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The limitations in this Section 10 apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if Wombats Corp has been advised of the possibility of such damages.
Wombats Corp shall defend, indemnify, and hold harmless Customer against any third-party claim alleging that the App infringes any valid copyright, trademark, or trade secret, provided that Customer: (a) promptly notifies Wombats Corp in writing; (b) gives Wombats Corp sole control of the defense and settlement; and (c) provides reasonable assistance. If an App becomes, or in Wombats Corp's opinion is likely to become, the subject of an infringement claim, Wombats Corp may at its option and expense: (i) procure the right for Customer to continue using the App; (ii) replace or modify the App so that it becomes non-infringing; or (iii) terminate the license and refund any prepaid, unused fees. Wombats Corp's total liability under this Section 11.1 shall be subject to the limitation of liability set forth in Section 10.2.
Customer agrees to indemnify, defend, and hold harmless Wombats Corp, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) Customer's use of any App in violation of Section 3.3 (Restrictions); (b) Customer's violation of any applicable law or regulation; or (c) any Customer Data processed through Customer's use of an App.
These Terms are effective from the date you first install or use any Wombats Corp App and remain in effect as long as you continue to use any App.
You may terminate these Terms at any time by uninstalling all Wombats Corp Apps and ceasing all use. Cancellation of your Marketplace subscription is governed by Atlassian's policies.
Wombats Corp may suspend or terminate your access to an App immediately if you breach these Terms. Wombats Corp may also discontinue an App with reasonable notice published on the Marketplace listing.
Upon termination, your license to use the App ceases immediately. Sections 6.1, 7, 9.2, 10, 11, 13, and 14 survive termination.
These Terms are governed by and construed in accordance with the laws of Ukraine, without regard to its conflict-of-law rules.
Any dispute, controversy, or claim arising out of or in connection with these Terms, including its formation, validity, or breach, shall first be resolved through good-faith negotiation. If unresolved within thirty (30) days of written notice, the dispute shall be finally settled under the Rules of the International Commercial Arbitration Court (ICAC) at the Ukrainian Chamber of Commerce and Industry by one arbitrator appointed in accordance with said Rules. The seat of arbitration shall be Kyiv, Ukraine, and the language of arbitration shall be English.
These Terms are executed in English. To the extent permitted by applicable law, the English version shall prevail over any translation.
These Terms, together with the Privacy Policy and SLA, constitute the entire agreement between you and Wombats Corp with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, including any prior EULA or terms of service.
Wombats Corp reserves the right to update these Terms at any time. Material changes will be communicated via notice on our website or Marketplace listing update. Continued use of an App after the effective date of updated Terms constitutes acceptance.
If any provision of These Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
The failure of Wombats Corp to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms or any rights hereunder without the prior written consent of Wombats Corp. Wombats Corp may assign these Terms without restriction.
Wombats Corp shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, armed conflicts, government actions, pandemics, power outages, internet disruptions, or failures of Atlassian's infrastructure.
You represent and warrant that neither you nor any Authorized User: (a) is located in, or a national or resident of, any country or territory subject to comprehensive sanctions or embargoes (including Russia, Belarus, Cuba, Iran, North Korea, Syria, or occupied regions of Ukraine); or (b) is listed on any applicable sanctioned-parties list maintained by Ukraine (NSDC), the United States (OFAC, BIS), the European Union, or the United Kingdom. You shall not access or use any App in violation of applicable export control or economic sanctions laws.
For questions about these Terms, please contact:
