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Terms of Service

End User License Agreement — Effective: March 2026

This End User License Agreement ("EULA" or "Terms of Service") is a legal agreement between you (either an individual or an entity, referred to as "you" or "Customer") and Phoebuz ("Phoebuz," "we," "us," or "our") governing your use of the ASYNC application (the "Service"). By installing, accessing, or using the Service, you agree to be bound by these terms.

1. Acceptance of Terms

By installing the ASYNC application from the Atlassian Marketplace, creating an account, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are accepting these terms on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these terms.

If you do not agree to these terms, you must not install, access, or use the Service.

2. License Grant

2.1 Scope of License

Subject to your compliance with these terms and payment of applicable fees, Phoebuz grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the ASYNC application solely through the Atlassian Marketplace for your internal business purposes.

2.2 Restrictions

You shall not:

  • Copy, modify, distribute, sell, lease, sublicense, or create derivative works of the Service or any part thereof
  • Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
  • Remove, alter, or obscure any proprietary notices, labels, or marks on the Service
  • Use the Service to develop a competing product or service
  • Access or use the Service in any manner that violates applicable laws or regulations

3. Account Requirements

3.1 Jira Cloud Instance

The Service requires an active Jira Cloud instance. You must have a valid Atlassian account and appropriate administrative permissions to install and configure the ASYNC application.

3.2 Connected Integrations

Certain features of the Service require OAuth connections to third-party tools including GitHub, Slack, Zoom, and Confluence. You are responsible for ensuring you have the authority to connect these tools and that such connections comply with the respective third-party terms of service.

3.3 Account Security

You are responsible for maintaining the security of your Atlassian account and any credentials used to access the Service. You must promptly notify Phoebuz of any unauthorised access to or use of the Service.

4. Subscription Tiers and Pricing

4.1 Available Tiers

The Service is offered in the following subscription tiers:

Tier Users Price Key Features
Small Teams 0–10 Free (flat rate) All features: Jira + GitHub + Slack + Zoom + Confluence integrations, Engineering Pulse dashboard, sprint intelligence, cross-timezone handoffs, AI briefings, insights engine, AI-generated standups, Rovo AI Copilot
Growing Teams 11–100 $2.50 / user / month All features included. Multi-project and multi-team support, sprint velocity and code pipeline analytics, Strategic Pulse, advanced sync configuration
Growing Teams 101–250 $2.25 / user / month All features included with volume discount
Enterprise 251–1,000 $2.00 / user / month All features included. Multi-instance support, predictive intelligence, cross-team strategic intelligence, priority support, dedicated onboarding
Enterprise 1,001–10,000 $1.75–$1.15 / user / month All features included with progressive volume discounts
Enterprise 10,001+ $1.00–$0.38 / user / month All features included with maximum volume discounts

4.2 Pricing Changes

Phoebuz reserves the right to modify pricing at any time. Changes to pricing for paid tiers will be communicated at least 30 days in advance and will take effect at the start of the next billing cycle.

5. Payment

5.1 Billing

All payments are processed exclusively through the Atlassian Marketplace (Paid via Atlassian). Teams of up to 10 users get free access. Teams with more than 10 users are billed per user at the applicable tier rate. By subscribing, you agree to Atlassian's Marketplace terms of transaction in addition to these terms.

5.2 Taxes

All fees are exclusive of taxes. You are responsible for all applicable taxes, duties, and levies imposed by any governmental authority in connection with your use of the Service, except for taxes based on Phoebuz's net income.

5.3 Refunds

Refund requests are handled in accordance with Atlassian Marketplace policies. Phoebuz does not directly process refunds.

6. Data Rights and Privacy

6.1 Customer Data Ownership

You retain all right, title, and interest in and to your data. Phoebuz does not claim ownership of any data you provide to or make accessible through the Service.

6.2 Data Processing

Phoebuz processes your data solely to provide and improve the Service, in accordance with our Data Processing Addendum and Privacy Policy. By using the Service, you instruct Phoebuz to process your data as described in those documents.

6.3 Data Portability

You may request a copy of your data in a machine-readable format by contacting info@phoebuz.com.

7. Acceptable Use

You agree to use the Service in accordance with all applicable laws and regulations. In particular, you shall not:

  • Abuse, circumvent, or exceed API rate limits imposed by the Service or any connected third-party tool
  • Attempt to gain unauthorised access to any part of the Service, other accounts, systems, or networks connected to the Service
  • Use the Service to transmit any malicious code, viruses, or harmful content
  • Interfere with or disrupt the integrity or performance of the Service or the data contained therein
  • Use the Service in a manner that could damage, disable, overburden, or impair the Atlassian Forge infrastructure
  • Use automated means (including bots, scrapers, or crawlers) to access the Service except through approved APIs
  • Use the Service to monitor, benchmark, or evaluate the Service for competitive purposes
  • Resell, redistribute, or make the Service available to any third party outside your organisation without Phoebuz's prior written consent

8. Intellectual Property

8.1 Phoebuz IP

The Service, including all software, algorithms, designs, text, graphics, interfaces, and the selection and arrangement thereof, is owned by Phoebuz and is protected by intellectual property laws. Nothing in these terms grants you any right to use the Phoebuz or ASYNC names, logos, or branding without prior written consent.

8.2 Feedback

If you provide Phoebuz with any suggestions, ideas, enhancement requests, or other feedback regarding the Service ("Feedback"), you grant Phoebuz a non-exclusive, royalty-free, perpetual, irrevocable, worldwide licence to use, reproduce, modify, and incorporate such Feedback into the Service without obligation to you.

8.3 Third-Party Components

The Service may incorporate third-party open-source software components, each of which is licensed under its respective open-source licence. A list of such components and their licences is available upon request.

9. Limitation of Liability

9.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PHOEBUZ DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PHOEBUZ BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF PHOEBUZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 Cap on Liability

PHOEBUZ'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO PHOEBUZ FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (US $100).

9.4 Essential Basis

The limitations and exclusions in this section apply regardless of whether a remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, in which case the above limitations shall apply to the fullest extent permitted by applicable law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Phoebuz and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these terms; (c) your violation of any third-party rights; or (d) any content or data you provide through the Service.

11. Termination

11.1 Termination by You

You may terminate these terms at any time by uninstalling the ASYNC application from your Jira Cloud instance. For paid tiers, cancellation is subject to the billing terms of the Atlassian Marketplace.

11.2 Termination by Phoebuz

Phoebuz may suspend or terminate your access to the Service immediately, without prior notice, if: (a) you breach any provision of these terms; (b) your Atlassian account is suspended or terminated; (c) Phoebuz is required to do so by law; or (d) Phoebuz ceases to offer the Service.

11.3 Effect of Termination

Upon termination:

  • Your licence to use the Service immediately ceases
  • All data stored in Forge Storage associated with your instance will be deleted in accordance with our data retention policy and Data Processing Addendum
  • Sections 6.1 (Customer Data Ownership), 8 (Intellectual Property), 9 (Limitation of Liability), 10 (Indemnification), and 14 (Governing Law) shall survive termination

12. Modifications to the Service and Terms

12.1 Service Changes

Phoebuz reserves the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. Phoebuz shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

12.2 Terms Changes

Phoebuz may update these terms from time to time. Material changes will be communicated via the Service or email at least 30 days before they take effect. Your continued use of the Service after such changes constitutes your acceptance of the revised terms. If you do not agree to the revised terms, you must stop using the Service.

13. Third-Party Services

The Service integrates with third-party tools and services including Atlassian Jira, GitHub, Slack, Zoom, and Confluence. Your use of these third-party services is governed by their respective terms of service and privacy policies. Phoebuz is not responsible for the availability, accuracy, or practices of any third-party service.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.

14.2 Dispute Resolution

Any dispute arising out of or relating to these terms or the Service shall first be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved within 30 days, either party may submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the English language. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from a court of competent jurisdiction.

14.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

15. General Provisions

15.1 Entire Agreement

These terms, together with the Data Processing Addendum and Privacy Policy, constitute the entire agreement between you and Phoebuz with respect to the Service and supersede all prior or contemporaneous agreements, understandings, or communications.

15.2 Severability

If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions shall remain in full force and effect.

15.3 Waiver

No waiver of any provision of these terms shall be deemed a further or continuing waiver of such provision or any other provision. Phoebuz's failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these terms or any rights hereunder without Phoebuz's prior written consent. Phoebuz may assign these terms without restriction. Subject to the foregoing, these terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.

15.5 Force Majeure

Phoebuz shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, labour disputes, government actions, power failures, internet or telecommunications failures, or failures of third-party services.

16. Contact

For any questions or concerns regarding these Terms of Service, please contact:

Phoebuz Legal
Email: info@phoebuz.com
Website: phoebuz.com

Last updated: March 2026

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