Terms & Conditions

Site Use

By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms. The terms govern our relationship with you in relation to the site. If you disagree with any part of the terms, please do not access the site or any services provided.

Terminology

The web pages available at https://estimate.solutions , along with the linked pages and services accessible through the EstiMate AI plugin in the Atlassian Marketplace — as well as your use of EstiMate AI services via Atlassian Jira Software (collectively referred to as the "Site" or "Services") — are owned and operated by Gloster-P92 Informatikai Kft. ("we," "us," or "P92 Digital"), part of the Gloster group of companies, headquartered in Hungary.

The site is accessed by you ("you" or the "Member") under the Terms of Use described below ("Terms").

Agreement

For good and valuable consideration, the receipt and sufficiency of which each party acknowledges, the parties hereby agree on the following:

1. Access and Use of Services

You may only access the Services through the Atlassian Jira interface. Also, you may only use the Services for your own purposes, and you must not resell, transfer or otherwise provide any of the Services to any third party.

2. Rules

Whenever you access, use, or otherwise deal with the Services, you must comply with all:
  1. applicable laws;
  2. acceptable-use policies and other policies implemented by P92 Digital with respect to the Site or the Services from time-to-time, as posted on the Site; and
  3. other rules and policies or procedures that P92 Digital communicates to you from time-to-time.

3. Privacy

Your privacy is of utmost importance to us. When you provide personal information to us, we do not sell or monetise your personal data.
Without limiting anything in this Agreement, you must comply with all applicable privacy laws and must not collect, use, retain or disclose any third party's personal information without their consent unless otherwise permitted by law to do so.

4. Privacy and Communications Consent

We will collect the personal information you provide to us in relation to your application to our Beta Programme including your name, company and contact information and other information you may provide. You acknowledge that we may use your personal information for the following purposes:
  1. to allow us to communicate with you, manage your account with us, monitor your compliance with this Agreement, and manage any services we provide to you or other Site users,
  2. to customise any content that is presented to you on the Site or through our service within Atlassian Jira
  3. to verify your personal information, and
  4. as described in our Privacy Policy, which is currently available at https://estimate.solutions/privacy-policy

We may use aggregate, non-identifiable information about registered users of the Services for promotional and advertising purposes. We will not sell your personal information to third parties. If we suspect you of fraudulent or other prohibited activities, we may disclose your personal information to the police or other authorities. We will not otherwise disclose your personal information except as permitted or required by law or our Privacy Policy, or with your express written permission.

You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. P92 Digital reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.

YOU HEREBY CONSENT TO US COLLECTING, USING AND DISCLOSING THE PERSONAL INFORMATION YOU PROVIDE TO US, AND SENDING COMMERCIAL ELECTRONIC MESSAGES TO YOU, IN THE MANNER DESCRIBED ABOVE.

5. Ownership

As between you and P92 Digital, you will retain ownership of all original text, messages, work log data, estimations, and other original content you provide through your use of the Services (collectively, “Your Content”), and all intellectual property rights in Your Content.

As between you and P92 Digital, P92 Digital or third parties solely own the following (the “P92 Digital Property”):
  1. all other content on the Site or provided through the Services, including all text and other content provided by P92 Digital (collectively, the “P92 Content”) and all intellectual property rights in the P92 Content; and
  2. all tools, hardware and software used to provide the Services (collectively, the “P92 Tools”);
  3. the graphical design of the Site, the Site user interface and the look and feel of the Site and the Site user interface; and
  4. the names, logos and trade-marks of P92 Digital and on the Site (including third parties’ marks) and P92 Digital and the Gloster group.
You must not copy, modify, distribute, use, exploit or make derivative works from any of the P92 Property except as explicitly permitted by P92 Digital.

6. Moral Rights

P92 Digital and our service providers and licensees may use, copy, display and showcase your company name in connection with your use of the Site and services if P92 Digital wishes to do so.

7. Content Disclaimer

P92 Digital does not endorse any of the content provided through the use of the Services. P92 Digital will not be responsible or liable for content that is provided by users of the Site or services.

8. Monitoring and Disclosure

P92 Digital cannot monitor everything on the Site and does not normally monitor your use of the Services; however, P92 Digital and our representatives or service providers may do so. We will not have any liability for any failure to remove, or delay in removing, any content provided through the use of the Site or the Services. We may disclose any information that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Services or to protect the rights or property of itself or others that are directly related to providing the Services.

9. Use of the Services

You must not:
  1. reverse engineer, de-compile, hack, disable, disrupt, interfere with, disassemble, copy, decrypt, reassemble, supplement, translate, adapt or enhance any of the P92 Digital Property or the Services;
  2. create a link, name or label, or otherwise upload to or transmit from the Site or the Services any content, link or anything else that (if reproduced, published, transmitted or used) may:
    1. be defamatory, threatening, abusive, harassing, hateful, obscene, pornographic, harmful or invasive of anyone’s privacy, or excessively violent,
    2. violate any law including intellectual property, privacy or other laws;
    3. give rise to civil or other liability; or
    4. relate to illegal drugs, weapons, gambling or other illegal activities;
  3. upload to or transmit from the Site or the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful component;
  4. use the Site or the Services to do or attempt to do any of the following without P92 Digital’s prior written permission:
    1. send spam or other bulk messages
    2. gain unauthorised access to any data, network or system;
    3. monitor data or traffic on any network or system;
    4. obtain an email address, user name or other information about a third party without their consent;
    5. use any misleading, false or deceptive TCP/IP header information in any email or posting; or
    6. conduct or instigate any denial of service attack against P92 Digital’s website or network, or any third party’s website or network;
  5. improperly make complaints or false reports on the Site;
  6. artificially inflate or alter ratings, views or statistics on the Site
  7. falsify any data or information available on the Site;

10. Remedies

In addition to any other available remedies, upon breach of any of your obligations under this Agreement P92 Digital may suspend or terminate the Services and your account.

11. Terms of Other Services

If you use any other service or software provided by or through P92 Digital or in conjunction with the Services, you must comply with all terms and conditions that are imposed upon your use of that service or software (e.g. Atlassian Jira).

12. User Responsibilities

You are solely responsible for obtaining all computer equipment and connections required to access and use the Services. P92 Digital will not be responsible for the workings or failures of your computer equipment, network, software or Internet access.

13. Interruptions/Errors

Your use of the Site and the Services might be interrupted and will not be free of errors. Some of the content on the Site or provided through the Services may not be accurate or appropriate. The Services may be unavailable from time-to-time due to routine maintenance, upgrades, hardware/software malfunctions, repairs, power outages, hackers, denial of service attacks and unforeseeably large service demands.

14. Modifications

From time to time, P92 Digital may add new features to the Site and the Services, remove existing features from the Site and the Services, or otherwise modify the Site and the Services (including their functionality, “look-and-feel”, universal resource locators and software components).

15. Termination

Without prejudice to any of our rights at law or equity, P92 Digital may terminate your access to the Site and the Services with no prior notice if you fail to comply with any obligation in this Agreement, or if any of your representations or warranties is or becomes untrue. P92 Digital may also terminate or suspend any or all of the Services at any time without prior notice.

16. Termination by you

You may terminate your account by removing the EstiMate AI plugin from your Atlassian Jira account at any time. Termination of your installation of the EstiMate AI Jira plug-in is your only remedy with respect to any dispute with the Site, including disputes relating to
  1. this agreement or our enforcement of it; and
  2. the Site, the P92 Digital Content, the P92 Digital Tools or the Services.

17. Effect of Termination

Upon termination of your installation of the EstiMate AI plug-in or this agreement:
  1. you will immediately cease all use of the Site, the P92 Digital Content, the P92 Digital Tools and the Services;
  2. P92 Digital may (but is not required to) delete some or all of Your Content from the Services and from your account within 60 days after termination;
  3. the Licence will continue in full force and effect for all of Your Content, including content the Services deletes; and
  4. sections 4 - 8, 17, 20-23, 25 and 26 will survive termination.

18. Links in Your Content

The sites that are linked from your Content provided through your use of the Services are not under our control, and we do not assume any responsibility or liability for any communications or materials available at those linked sites, or personal information collected about you from those sites. You may be charged fees to access or use the linked sites; these fees are not covered by any fees you pay to P92 Digital through Atlassian. All links are provided for your convenience only; they are not an endorsement or referral by us.

19. Links to the Site

You must not link to the Site, any content on the Site or any part of the Services, except as explicitly permitted by this section or our policies. Your permission to link to the Site is expressly conditioned upon your compliance with the following restrictions:
  1. the link must comply with the Site’s other policies regarding content;
  2. the link and surrounding materials must not deliver any of the Site's content in a framed environment, or alter the layout, content, look, or feel of the Site's content;
  3. the link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and the Site; and
  4. the link and surrounding materials must not portray the Site or its services in a false, misleading, derogatory, defamatory or otherwise offensive manner.

20. Disclaimer

THE SITE, THE P92 DIGITAL CONTENT, THE P92 DIGITAL TOOLS AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. P92 DIGITAL DISCLAIMS ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE SITE, THE P92 DIGITAL CONTENT, THE P92 DIGITAL TOOLS AND THE SERVICES, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

21. Limitation of Liability

YOU USE THE SITE, THE P92 DIGITAL CONTENT, THE P92 DIGITAL TOOLS AND THE SERVICES AT YOUR OWN RISK. P92 DIGITAL WILL NOT BE LIABLE FOR ANY LOSS IN CONNECTION TO THE USE OF, OR INABILITY TO USE, THE SITE, THE P92 DIGITAL CONTENT, THE P92 DIGITAL TOOLS AND THE SERVICES, INCLUDING ANY LOSS TO YOUR CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING THE PREVIOUS SENTENCE, P92 DIGITAL WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER IN CONNECTION WITH THE SITE, THE P92 DIGITAL CONTENT, THE P92 DIGITAL TOOLS OR THE SERVICES.

22. Maximum Liability

IF, DESPITE THE ABOVE LIMITATIONS, P92 DIGITAL BECOMES LIABLE TO YOU IN RESPECT OF THE SITE, THE P92 DIGITAL CONTENT, THE P92 DIGITAL TOOLS OR THE SERVICES, OR A COMBINATION OF THE FOREGOING, THAT LIABILITY WILL BE LIMITED TO HUF100.000.

23. Indemnity

YOU WILL INDEMNIFY P92 DIGITAL AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND LICENSEES (COLLECTIVELY, THE “INDEMNITEES”) AND HOLD THE INDEMNITIES HARMLESS FROM AND AGAINST ALL DAMAGES, INJURIES, LIABILITIES, COSTS, EXPENSES AND LEGAL FEES THAT ANY OF THEM MAY INCUR IN CONNECTION WITH:
  1. YOUR CONTENT, INCLUDING CLAIMS THAT YOUR CONTENT OR THE EXPLOITATION OF IT AS PERMITTED BY THIS AGREEMENT INFRINGES OR VIOLATES THE RIGHTS OF ANY THIRD PARTY;
  2. YOUR USE OF THE SITE, THE P92 DIGITAL CONTENT, THE P92 DIGITAL TOOLS OR THE SERVICES; OR
  3. THE UNTRUTHFULNESS OR INACCURACY OF ANY OF YOUR REPRESENTATIONS OR WARRANTIES TO US; OR
  4. YOUR BREACH OF ANY OBLIGATION, REPRESENTATION OR WARRANTY IN THIS AGREEMENT.

24. Modifications to this Agreement

From time to time in our sole discretion P92 Digital may modify the terms of this Agreement by posting the modifications on the Site. You will be bound by the modified terms after the modified terms have been emailed to you or have been posted on the Site for 30 days.

25. Governing law

P92 Digital operates from Budapest, Hungary, and makes no representation that the Site or Services are appropriate or available for use in any particular jurisdiction. This Agreement will be governed by the laws in effect in Hungary. You attorn to the exclusive jurisdiction of the Hungarian courts; however, you or P92 Digital may apply to a court of competent jurisdiction for interim protection or equitable relief such as an injunction.

26. General

No delay or failure to act by P92 Digital regarding any default will impair any of our rights or remedies that are not expressly waived in writing. This Agreement supersedes all prior agreements of the parties regarding the Site and the Services, and constitutes the whole agreement with respect to the Site and the Services. You must not assign or sublicense this Agreement or any of your rights under this Agreement without our prior written consent, which may be withheld without cause. P92 Digital may assign or sublicense this Agreement and any or all of our rights and obligations under it in our sole discretion. This Agreement will ensure to the benefit of and be binding upon the parties and their lawful successors and permitted assigns. P92 Digital will not be liable for any delay or damage caused as a result of any event beyond its reasonable control; any delay caused by any such event will not be deemed to be a breach of or failure to perform this Agreement.

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