1. Terms of use
These terms and conditions (“Terms”) shall govern your access and use of the apps and websites operated by Totem Dev and its affiliates (collectively, “Totem Dev”), including but not limited to Skills for Jira and the Documentation portal. (each a “Website” and collectively the “Websites”), as well as your access and use of related Materials (as defined below) on the Websites.
Each individual Website may also contain notices or supplementary terms and conditions of various forms, in which case terms outlined in such notices or terms and conditions, in combination with the terms below, shall then constitute the “Terms.” If there is a conflict between the notices or supplementary terms found on an individual Website and the terms below, the notices or supplementary terms on an individual Website shall take precedence with respect to your use of that Website.
By accessing or using a Website or the Materials provided on a Website, you agree to follow and be bound by these Terms, as well as Totem Dev’s Privacy Policy.
Totem Dev may update these Terms from time to time without notice to you. Amendments to these Terms will be effective upon publication to the relevant Website and operate as a condition of your continued use of the Website or Materials. You must review Totem Dev’s Terms whenever you use the Website or Materials. Use of the Website will be subject to the current version of the Terms available on the Website at the time of such use.
2. General Use Restrictions
All products, goods, software, scripts, and services (including hosted software as a service or similar services) are known as the “Software”. All documents, web pages, logos, blogs, videos, graphics, sounds or images are known as “Content.” Software and Content, together, along with anything else on the Website, are known as “Materials,”; all Materials on the Website were provided by Totem Dev or to Totem Dev by the respective manufacturers, authors, developers and vendors of the Materials (the “Third Party Providers”). All Materials are the copyrighted work of Totem Dev and/or the Third Party Providers. Except as stated herein or expressly on the Website, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Totem Dev and, if applicable, the Third Party Provider.
For avoidance of doubt, you also may not, without Totem Dev’s prior express written permission, link to or “mirror” any Website or any Material contained on a Website. Furthermore, any usage rights for Totem Dev products shall be subject to rights and restrictions as detailed within the published EULA and/or terms associated with that product.
2.1. No License
Furthermore, nothing on this Website shall be construed as conferring any license under any of Totem Dev’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
2.2. Unauthorised or unlawful use
Any unauthorised use of any Materials contained on the Website may violate copyright laws, intellectual copyright laws, trademark laws, the laws of privacy and publicity, and various regulations and statutes.
You agree not to use this site nor any Materials for any unlawful purposes, or for any purposes that would violate the Terms.
2.3. Your content
You agree that any material that you upload or otherwise share on or through the Website is material for which you have the right and authority to share. Unless otherwise specifically stated in these Terms, you grant Totem Dev a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the material for whatever purposes, commercial or otherwise, Totem Dev chooses.
2.4. Your use of the site
You agree to use the Website in a reasonable and obvious way for which it was established, and not in any way that might overload or stress the site. You furthermore agree not to attempt to reverse engineer any part of the site or gain access to areas of the site or Materials to which you are not clearly entitled.
3. Third Party Content Disclaimer
Materials provided by Third Party Providers have not been independently authenticated in whole or in part by Totem Dev.
Totem Dev is committed to respecting others’ intellectual property rights, and we require our users to do the same. Totem Dev may, at its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others’ intellectual property rights.
If you believe that your work has been copied in a way that constitutes copyright infringement on our Website, please contact us at support@totem.dev.
4. Links to Third Party Sites
This Website may be linked to other websites which are not under the control of and are not maintained by Totem Dev. Totem Dev is not responsible for the content of those sites. Totem Dev is providing these links to you only for your convenience, and the inclusion of any link to such sites does not imply endorsement by Totem Dev of those sites. You bear all risks associated with your access, or use, of those sites and any third party content, products and services available on or by means of those sites.
5. Disclaimer of Warranty
Unless otherwise explicitly stated, the Website and Materials are provided 'as is', and all express or implied conditions, representations and warranties, including any implied warranty of merchantability, accuracy, fitness for a particular purpose, or non-infringement are disclaimed to the maximum extent permitted by law. Totem Dev makes no representations, warranties or guarantees as to the quality, suitability, truth, accuracy or completeness of any of the Content, nor that access to or use of the Website or any Software shall be uninterrupted or without delays or errors.
6. Limitation of Liability and Exclusion of Consequential Loss
Totem Dev shall not be liable for any loss or interruption of business, revenue, profits, use, data, wasted expenditure or other economic advantage, nor any indirect, punitive, special, incidental, or consequential damages suffered as a result of using the Website. The foregoing exclusion shall apply however such liability arises, whether for breach of contract, tort (including negligence), strict liability, statutory duty or any other legal basis, even if Totem Dev has been previously advised of the possibility of such damage. You shall hold Totem Dev harmless from any claims by yourself or your customer(s) for such losses.
The remedies set forth herein are exclusive, and Totem Dev’s aggregate liability whether for breach of contract, tort (including negligence), strict liability, statutory duty or any other legal basis shall not exceed £10 (ten British pounds) and you shall hold Totem Dev harmless for all losses in excess of this sum.
7. Indemnity
You agree to indemnify and hold harmless Totem Dev and its affiliates, officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys' fees and costs, due to or arising out of any material that you share, your violation of these Terms, or any additional rules, guidelines or terms of use posted for a specific area of a Website or Material provided on or through a Website, or your violation or infringement of any third party rights, including intellectual property rights.
8. Local Laws; Export Control
Totem Dev controls this Website from Moldova and makes no representation that the Materials are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
You acknowledge and agree that Materials are subject to the Laws of Moldova. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the Moldovan Government.
9. Applicable Law
Any action related to these Terms will be governed by the law of Moldova. Any disputes relating to these Terms will be governed by and construed in accordance with the applicable laws of Moldova and shall be submitted to the exclusive jurisdiction of the Moldovan courts. Notwithstanding the foregoing, Totem Dev may bring a claim for equitable relief in any court with proper jurisdiction. If any of these terms are found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties and no other terms will be modified. Totem Dev's failure to enforce any of the terms in these Terms is not a waiver of such terms. The Terms are the entire agreement between you and Totem Dev and supersede all prior or contemporaneous negotiations, discussions or agreements, written or oral, between you and Totem Dev about the Website.
The proprietary rights, disclaimer of warranties, indemnities and limitations of liability shall survive any termination of the Terms.
10. Changes to the Website
Totem Dev and the Third Party Providers may make improvements and/or changes to the Software (and any prices) on this Website at any time without notice.
In addition, changes are periodically made to a Website to replace/update existing Content or add new Content, or in general alter or remove Materials of any kind (including Software)