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Provider-Specific Terms

For use with the Bonterms Standard End User Agreement (Version 1.0)

These Provider-Specific Terms are intended for use with Atlassian's standard customizable end-user agreement for the ConfiSense Marketplace listing. The Atlassian/Bonterms Standard End User Agreement remains the base agreement and is not reproduced here.

1. Provider and Notices

Provider: Arkron Pty Ltd (ABN 93 698 430 438)
Legal / notice address: Ground floor, 470 St Kilda Road, Melbourne VIC 3004, Australia
Legal notice email: vish@arkron.com.au
Website: https://arkron.com.au

2. Documentation

For purposes of the Standard Agreement, Documentation means the public ConfiSense user documentation made available at https://arkron.com.au/docs, as updated from time to time. Documentation is limited to documentation describing released Product functionality and supported use of the Product. Internal drafts, product roadmaps, sales materials, marketing materials, unreleased features and other non-public materials are not Documentation.

3. Support Policy and SLA

Support Policy: ConfiSense support is provided in accordance with the ConfiSense Support Policy available at https://arkron.com.au/support, as it may be updated in accordance with the Standard Agreement.

SLA: No separate service level agreement is provided for ConfiSense unless expressly identified in the applicable Order or Marketplace terms.

4. Privacy Policy and Data Protection Addendum

Privacy Policy: The ConfiSense Privacy Policy is available at https://arkron.com.au/privacy.

Data Protection Addendum: Where Arkron processes personal data on behalf of Customer as a processor or otherwise requires a data processing agreement under applicable data protection law, the parties will enter into the ConfiSense Data Protection Addendum, which Arkron makes available on written request to vish@arkron.com.au. The DPA, when applicable and incorporated by reference, forms part of the Agreement.

5. Security Measures

No separate Security Measures are incorporated into these Provider-Specific Terms. Arkron will maintain the security measures required by Section 3.2 of the Standard Agreement. Any security information made available through the ConfiSense Marketplace listing or Arkron's security documentation is descriptive information and does not amend the Agreement unless expressly identified as Provider-Specific Terms or an Attachment.

6. Acceptable Use Policy

No separate Acceptable Use Policy is incorporated into these Provider-Specific Terms. Customer's use of ConfiSense is subject to Section 7 of the Standard Agreement and all applicable Laws.

7. Product-Specific Operating Boundary

ConfiSense is provided as a Jira Cloud application. The Product operates within the capabilities, permissions and technical limitations of the Atlassian platform and the Product's published Documentation. Where the Product provides configuration analysis, impact analysis, comparison, consolidation or rollback functionality, the scope and limitations of those functions are described in the Documentation.

Nothing in this Section expands or limits the warranties, disclaimers, usage restrictions, liability limitations or other terms of the Standard Agreement. This Section identifies the nature of the Product; the Documentation describes current supported functionality.

8. Third-Party Platforms

ConfiSense depends on and interacts with Atlassian-hosted Jira Cloud services and APIs. Customer's use of Atlassian products and services remains subject to Customer's agreement with Atlassian. To the extent ConfiSense enables an integration or exchange of Customer Data with another third-party platform, the terms applicable to that third-party platform govern Customer's use of that platform.

9. Trials and Early Access

Unless otherwise stated in the applicable Marketplace Order or ConfiSense offer, any trial or beta use of ConfiSense is governed by Section 18 of the Standard Agreement. Released Product functionality is subject to the Standard Agreement's Performance Warranty; Trials and Betas are subject to the specific treatment stated in Section 18.

10. Governing Law and Courts

The parties agree that the following replace the default Governing Law and Courts in Section 19.2(b) of the Standard Agreement:

Governing LawThe laws of Victoria, Australia
CourtsThe courts of Victoria, Australia

11. Order of Precedence

These Provider-Specific Terms are Provider-Specific Terms under Section 1.1 of the Standard Agreement. The order of precedence in Section 1.4 of the Standard Agreement applies.

12. No Other Modifications

Except for the Provider-Specific Terms expressly stated above, the Standard Agreement remains unchanged and in full force and effect. Capitalized terms not defined in these Provider-Specific Terms have the meanings given to them in the Standard Agreement.