End-User License Agreement

End-User License Agreement

 

Owned by PgM Innovations

Last updated: June 26, 2025

This End-User License Agreement (hereinafter referred to as the “Agreement” or “EULA”) is a legally binding contract between you (either an individual or a legal entity, hereinafter referred to as “you” or the “End User”) and PgM Innovations, a sole proprietorship established and operated by Archit Jain, having its principal place of business in New Delhi, India.

For the purposes of this Agreement:

  • Software” refers to any proprietary software applications developed by PgM Innovations for use within the Atlassian Cloud ecosystem, including but not limited to all user interfaces, features, configurations, and associated documentation.

  • Cloud Products” refers to any cloud-based applications, tools, services, and functionalities provided by PgM Innovations and integrated with Atlassian Cloud services.

  • Products” collectively refer to the Software and Cloud Products as defined above, as made available via the Atlassian Marketplace and specified in your corresponding order (“Order”).

By clicking “Buy,” “Install,” or any other button indicating acceptance, or by downloading, installing, copying, accessing, or otherwise using the Products, you expressly acknowledge and agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you must not proceed with any of the aforementioned actions.

This Agreement governs your access to and use of the Products and constitutes the entire agreement between you and PgM Innovations regarding such use. It applies to all updates, enhancements, modifications, bug fixes, support services, and supplemental components that may be provided by PgM Innovations, unless such items are accompanied by a separate license agreement that explicitly overrides this EULA.

PgM Innovations grants access to the Products strictly under the terms and conditions set forth in this Agreement. Any use of the Products not expressly permitted herein is strictly prohibited.

1. Grant of License

The relationship between you and PgM Innovations shall be that of licensee and licensor. This Agreement constitutes a license, not a sale, and does not transfer any ownership rights in the Products.

Subject to your full and continued compliance with the terms and conditions set forth in this Agreement, PgM Innovations hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Products solely for your internal business operations (if you are a legal entity) or for personal, non-commercial use (if you are an individual), for the duration of the license term specified in your Order (“License Term”).

For Cloud Products licensed on a subscription basis, the License Term shall automatically renew in accordance with the billing cycle specified at the time of your original Order, unless terminated in accordance with this Agreement or the Atlassian Marketplace Terms of Use.

You are responsible for ensuring that the number of authorized users who access and use the Products does not exceed the number of user licenses purchased and paid for. If the number of authorized users increases during the License Term, PgM Innovations reserves the right to invoice you for such additional usage in accordance with the then-applicable pricing terms.

The Software may only be used on one active host product instance at any given time. Concurrent usage on multiple active host instances is strictly prohibited unless additional licenses have been duly purchased. However, simultaneous use on a separate non-production instance (e.g., for development, testing, or configuration purposes) is permitted, provided that such use remains non-commercial and non-operational in nature. Unauthorized use on multiple production environments constitutes a material breach and may result in additional fees or termination of the license.

If a Product offers both a basic and an advanced version, your access shall be strictly limited to the version corresponding to the license type acquired under your Order (i.e., basic or advanced). PgM Innovations reserves the right to restrict or disable access to advanced features in the absence of a valid advanced license.

You are permitted to install and use any available version of the Software released during your License Term without any additional payment beyond the agreed License Fee. Upon expiry of the License Term:

  • Access to Cloud Products will be automatically suspended or terminated without notice.

PgM Innovations also grants you a limited, non-exclusive, non-transferable, non-renewable license to evaluate the Products for a period of thirty (30) days following initial installation (“Evaluation Period”). This license is provided solely for non-commercial evaluation purposes and shall not entitle you to deploy the Products in a live, production, or revenue-generating environment.

Upon expiration of the Evaluation Period, the Products will automatically cease to function. PgM Innovations shall not be liable for any loss of data, disruption of access, or damages of any kind arising directly or indirectly from the deactivation of the Products at the conclusion of the Evaluation Period.

2. Intellectual Property Rights and Trade Secrets

All rights, title, and interest in and to the Products, including all associated intellectual property rights, industrial property rights, and trade secrets, are and shall remain the exclusive property of PgM Innovations and/or its licensors. This Agreement does not constitute a sale and does not convey to you any rights of ownership, title, or interest in the Products, whether in whole or in part.

PgM Innovations and its licensors expressly reserve all intellectual and industrial property rights in and to the Products, including but not limited to all copyrights, trademarks, trade names, patents, trade secrets, know-how, and any derivative works or modifications thereof, whether developed by PgM Innovations or by any third party.

Except for the limited, non-exclusive license explicitly granted to you under this Agreement, you are not granted any rights or licenses by implication, estoppel, or otherwise. You shall not assert or imply any ownership or other proprietary rights in or to the Products or any part thereof.

You agree that you shall not, during or after the term of this Agreement, directly or indirectly:

  1. Challenge the validity or enforceability of PgM Innovations’ rights in the Products;

  2. Claim any right, title, or interest in or to the Products or any related intellectual or industrial property rights;

  3. Take any action that may impair, limit, or interfere with PgM Innovations’ ownership or rights therein.

All goodwill arising from your use of the Products shall inure solely to the benefit of PgM Innovations.

3. Trade Secrets and Confidential Information

  1. You acknowledge and agree that the Products, including but not limited to all concepts, designs, methods, algorithms, formulas, processes, techniques, and architectural frameworks used in or incorporated into the Products, together with any and all:

    • future updates, upgrades, enhancements, patches, hot-fixes, bug-fixes, modifications, and revisions;

    • policy files, configuration sets, database updates, release builds, and signature libraries; and

    • derivative works based on any of the foregoing

    are and shall remain the confidential, proprietary, and trade secret information of PgM Innovations. Such materials hold substantial commercial value and are protected under applicable intellectual property and trade secret laws.

    You further agree that all forms of the Products, including their object code and source code, regardless of whether such code is provided or accessible to you, shall be treated as confidential information belonging exclusively to PgM Innovations.

    You undertake to:

    • maintain the strict confidentiality of all such information;

    • Use the Products solely for the purposes expressly authorized under this Agreement;

    • refrain from disclosing, transmitting, or providing access to the Products or any part thereof to any third party, except to your authorized users who are bound by equivalent obligations of confidentiality;

    • Implement reasonable safeguards to prevent unauthorized access, use, or disclosure of the Products.

    Any unauthorized disclosure, reproduction, reverse engineering, or use of the Products beyond the scope of this Agreement shall constitute a material breach and may result in immediate termination of your license, without prejudice to any other legal remedies available to PgM Innovations.

4. Restrictions

You shall not, and shall not permit any third party to, directly or indirectly:

  1. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Products, except to the limited extent expressly permitted by applicable law for purposes of achieving interoperability with other software, and only where such rights cannot be contractually waived;

  2. Copy, reproduce, license, sublicense, sell, lease, rent, assign, distribute, host, transmit, market, or otherwise make available the Products, in whole or in part, to any third party, except as explicitly permitted under this Agreement;

  3. Modify, adapt, translate, tamper with, alter, edit, or otherwise change the Products or any portion thereof; create derivative works based on the Products; or combine, integrate, or merge the Products with any other software or documentation without prior written consent from PgM Innovations;

  4. Use or reference the Products (in whole or in part) as the basis for developing, enhancing, or offering any software or system that competes with or emulates the features, functionality, or visual design of the Products;

  5. Access, extract, or use any embedded components of the Products independently of the Products as a whole;

  6. Use the Products in any manner that violates applicable law, infringes intellectual property rights, or attempts to gain unauthorized access to data, networks, or services, including but not limited to exploiting security vulnerabilities in Cloud Products;

  7. Use any names, trademarks, service marks, logos, or branding associated with PgM Innovations in any manner—whether for commercial gain, public display, or misleading association—without prior written authorization;

  8. Install or deploy the Software on any hardware system not owned, leased, or otherwise lawfully controlled by you, unless expressly authorized in writing by PgM Innovations.

  9. Modify, bypass, disable, circumvent, or attempt to defeat any license keys, usage controls, encryption, or other security mechanisms implemented in the Products to protect the intellectual property rights and licensing framework of PgM Innovations.

Any breach of these restrictions constitutes a material violation of this Agreement and may result in immediate termination of your license, without prejudice to PgM Innovations’ right to pursue legal remedies, including injunctive relief and claims for damages.

5. Data Protection and Privacy

By clicking the “Buy” or similar acceptance button, or by ordering, downloading, installing, copying, accessing, or using the Products and/or related maintenance and support services, you expressly acknowledge that you have read, understood, and agreed to the terms of the Privacy Policy available on PgM Innovations’ Atlassian Marketplace listing (the “Privacy Policy”).

You further consent to the collection, processing, backup, copying, storage, transfer, and usage of any Personal Data by PgM Innovations and its authorized service providers, solely for the purposes and within the scope defined in the Privacy Policy. Such activities may include, but are not limited to, the facilitation of license management, product functionality, support services, and security monitoring.

It is your sole responsibility to obtain and maintain all legally required rights, consents, and authorizations necessary for the lawful collection, processing, and transfer of Personal Data, including those of any third parties such as individuals, sole proprietors, or unincorporated entities, as may be required under applicable data protection laws or regulations within any relevant jurisdiction.

PgM Innovations shall act in accordance with its Privacy Policy and applicable law, but shall not be held liable for any failure by you to comply with your legal obligations concerning the handling of Personal Data in connection with the use of the Products.

6. Disclaimer of Warranties

THE PRODUCTS ARE PROVIDED STRICTLY “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND.

To the fullest extent permitted under applicable law, PgM Innovations expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, accuracy, quiet enjoyment, or systems integration.

PgM Innovations makes no representations, warranties, or guarantees (i) as to the quality, reliability, suitability, or performance of the Products; (ii) that the Products will be uninterrupted, error-free, or secure; (iii) that the Products will function without delays, failures, or defects; (iv) that the Products will detect, prevent, or protect against any particular security threat or vulnerability; or (v) that the Products will operate in combination with any other hardware, software, or systems not explicitly supported.

No oral or written information or advice provided by PgM Innovations, its personnel, or its partners shall create any warranty or modify the disclaimers set forth herein.

Your use of the Products is at your sole risk. PgM Innovations shall not be held responsible for any loss or damage arising out of or relating to reliance on the functionality, availability, or performance of the Products.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL PgM INNOVATIONS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, including, without limitation, damages for loss of profits, loss of business opportunity, loss of revenue, loss of data or data use, loss of goodwill, loss of anticipated savings, business interruption, or loss of labor, whether such damages arise in contract, tort (including negligence), strict liability, or otherwise, and regardless of whether PgM Innovations has been advised of the possibility of such damages or such damages were otherwise foreseeable.

PgM Innovations shall bear no liability for any claims, losses, or damages arising from or in connection with your inability to use, unauthorized use of, or disabling of the Products, or any data or outcomes derived therefrom, whether such disabling is due to expiration, termination, or system error.

In all cases, PgM Innovations’ total aggregate liability for any and all claims arising out of or related to this Agreement, the Products, or their use—regardless of the form of action or theory of liability—shall be strictly limited to the total of all amounts actually paid by you and amounts accrued but not yet paid under this Agreement in the twelve (12) months immediately preceding the event giving rise to the claim.

This limitation of liability is a material basis for the pricing and license terms offered under this Agreement, and you acknowledge that PgM Innovations would not be able to provide the Products without such limitations.

8. High-Risk Activities

You acknowledge and agree that the Products and any associated software or services provided by PgM Innovations are not designed, developed, tested, or intended to be fault-tolerant, and are not licensed for use in environments or applications that require fail-safe performance, including but not limited to:

  • The operation of nuclear facilities.

  • aircraft navigation, control, or communication systems;

  • air traffic control;

  • life support or emergency medical systems;

  • autonomous vehicles;

  • weapons systems;

  • or any other context in which the failure of the Products could result in death, personal injury, or severe physical, environmental, or property damage (collectively, "High-Risk Activities").

PgM Innovations expressly disclaims any express or implied warranties, conditions, or representations of fitness for use in connection with High-Risk Activities.

You assume full responsibility and liability for any use of the Products in such environments, and you agree to indemnify, defend, and hold harmless PgM Innovations from any and all claims, losses, damages, liabilities, and expenses (including legal fees) arising directly or indirectly from such unauthorized or unintended use.

9. Indemnification

You agree to unconditionally indemnify, defend, and hold harmless PgM Innovations, its officers, directors, employees, contractors, agents, and affiliates from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorney’s fees and legal costs) arising out of, relating to, or resulting from:

  1. Any third-party claims arising from or connected to:

    • (i) your use of the Products in a manner that violates this Agreement or applicable law;

    • (ii) PgM Innovations’ compliance with any instructions, specifications, designs, or requirements provided by you or on your behalf;

    • (iii) any action, claim, demand, or proceeding brought by you or your representatives;

    • (iv) your breach of any applicable law, regulation, or third-party right, including data privacy and intellectual property laws.

  2. Any subpoena, court order, government investigation, or regulatory inquiry that requires PgM Innovations to respond, produce records, or otherwise engage legal counsel as a result of your use of the Products, whether directly or indirectly.

Your obligations under this section are not contingent upon proof of your fault or intent and shall remain in effect regardless of the outcome of any related legal proceedings.

PgM Innovations reserves the right, at its sole discretion and expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully in asserting any available defenses.

10. Maintenance and Technical Support

PgM Innovations shall, without prejudice and subject to the limitations below, use commercially reasonable efforts to provide maintenance and technical support services to you during the period of your active license term (the “Maintenance Period”).

You expressly acknowledge and agree that:

  • The Maintenance Period is strictly limited to the duration of the License Term specified under this Agreement.

  • PgM Innovations shall have no obligation to provide maintenance or support services beyond the License Term, unless the license is duly renewed in accordance with the terms herein.

  • PgM Innovations makes no guarantees or representations regarding service levels, including but not limited to initial response times, availability of support hours, or resolution timelines for incidents or issues.

  • PgM Innovations shall not be responsible for any data backup, disaster recovery, or platform-level issues arising from or related to Atlassian’s cloud infrastructure, over which PgM Innovations has no control or responsibility.

For clarity, maintenance and support services are limited to the Products themselves and do not extend to third-party software, environments, or integrations not explicitly covered under this Agreement.

In the event you renew your license, the Maintenance Period shall be extended to cover the renewed License Term, subject to the then-applicable terms and conditions.

11. Termination

PgM Innovations reserves the right to immediately and unilaterally terminate this Agreement, in whole or in part, without prior notice and without any obligation for compensation, under any of the following circumstances:

  1. You are in material breach of any provision of this Agreement and fail to cure such breach within a reasonable period (if curable), or fail to comply with the terms and conditions set forth herein;

  2. You initiate or become subject to any judicial or administrative proceeding under applicable insolvency, bankruptcy, liquidation, or restructuring laws;

  3. You suspend, threaten to suspend, or are otherwise unable to meet your debt obligations as they become due, acknowledge inability to pay debts, or are deemed insolvent under applicable law.

Upon termination of this Agreement for any reason:

  • You shall immediately cease all use of the Products;

  • You must permanently delete, destroy, or return to PgM Innovations all copies of the Products, in any form, including any backup or archival copies;

  • You must delete or deactivate any user accounts or system integrations established through the Products;

  • All license rights granted to you under this Agreement shall be deemed revoked with immediate effect.

Any obligations or provisions of this Agreement that by their nature are intended to survive termination—including but not limited to those relating to confidentiality, intellectual property, limitations of liability, indemnification, and governing law—shall continue in full force and effect following the termination of this Agreement.

PgM Innovations shall not be liable for any damages, losses, or claims arising out of or resulting from the lawful termination of this Agreement.

12. Governing Law

This Agreement, and any dispute, claim, or controversy arising out of or relating to its interpretation, formation, performance, enforcement, or subject matter, shall be governed exclusively by and construed in accordance with the laws of the Republic of India, without regard to its conflict of law principles.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to this Agreement. Furthermore, this Agreement shall not be governed or interpreted in any manner based on the Uniform Computer Information Transactions Act (UCITA) or any other similar legislation, whether enacted in India or in any foreign jurisdiction.

You expressly agree that the courts located in New Delhi, India, shall have exclusive jurisdiction and venue over any legal proceedings arising out of or relating to this Agreement or the use of the Products, and you hereby irrevocably submit to the jurisdiction of such courts.

13. Orders and Payment

You agree to pay the applicable License Fee as specified in your Order. Unless expressly stated otherwise in your Order, the License Fee shall be payable either:

  • (i) at the time of placing the Order, or

  • (ii) at the time of renewal of the License Term, as applicable.

You acknowledge and agree that PgM Innovations is not responsible for the delivery or transmission of any license keys or access credentials. Delivery of license keys (where applicable) shall be fulfilled directly by Atlassian, on behalf of PgM Innovations, upon successful receipt of payment through the Atlassian Marketplace.

You are solely responsible for ensuring that:

  • Your payment for the License Fee has been properly completed;

  • Your Order has been successfully processed;

  • You access your Atlassian account to retrieve license keys or activation details associated with your purchase.

All deliveries made under this Agreement shall be electronic only. No physical delivery of media, documentation, or other materials will be provided.

For the avoidance of doubt, you are solely responsible for the installation, deployment, configuration, and use of the Products in your own environment, unless otherwise agreed in writing by PgM Innovations.

14. Taxes

All License Fees and applicable taxes for the Products are collected by Atlassian on behalf of PgM Innovations through the Atlassian Marketplace. You acknowledge and agree that:

  • Any amounts payable by you under this Agreement are exclusive of applicable taxes, including but not limited to goods and services tax (GST), value-added tax (VAT), sales tax, use tax, or other governmental levies that may be imposed under applicable law;

  • Atlassian is responsible for processing and remitting such taxes, in accordance with its own terms and local tax regulations.

  • PgM Innovations does not directly collect any License Fees or taxes, and shall not be responsible for calculating, withholding, or remitting any tax obligations associated with your purchase.

You are solely responsible for ensuring compliance with your own tax obligations, including the accurate accounting and reporting of any taxes paid as part of your transaction with Atlassian.

In jurisdictions where PgM Innovations may be required to account for any taxes due to your usage or location, and such taxes are not collected by Atlassian, you agree to remit the applicable amounts upon written request, without objection or set-off.

15. Export Restrictions

You acknowledge that the Products may be subject to export control and trade sanction laws, rules, and regulations of applicable jurisdictions, including those of the Republic of India, the United States, and other relevant authorities.

You are solely responsible for:

  • Determining whether any such laws apply to your access, use, or distribution of the Products;

  • Obtaining all necessary licenses, permits, or other authorizations required to export, re-export, transfer, or use the Products in any jurisdiction;

  • Ensure that your use of the Products does not violate any applicable export restrictions, sanctions, embargoes, or prohibitions imposed by law.

You agree not to export, re-export, transmit, or otherwise transfer the Products to any country, individual, entity, or end-use that is prohibited by applicable law, including to any individual or entity listed on government-issued restricted party lists.

PgM Innovations shall not be held liable for your failure to comply with applicable export or trade compliance laws.

16. Publicity Rights

Unless otherwise agreed in writing, PgM Innovations may identify you as a customer and may use your name, logo, trademark, or trade name in its promotional materials, including but not limited to websites, presentations, case studies, and marketing collateral, for the limited purpose of showcasing customer affiliation.

If you wish to revoke this permission, you may submit a written request via email to support@pgminnovations.com. Upon receipt of such a request, PgM Innovations will make reasonable efforts to cease further use within ten (10) business days.

This clause does not grant PgM Innovations the right to publicly disclose any confidential or proprietary information related to your organization beyond your name or brand identifiers.

17. General Provisions

This Agreement, together with the Privacy Policy (as each may be amended, modified, or updated from time to time at the sole discretion of PgM Innovations), constitutes the entire agreement between you and PgM Innovations with respect to the subject matter herein, and supersedes all prior or contemporaneous understandings, agreements, or representations, whether written or oral.

PgM Innovations reserves the right to amend, update, or modify this Agreement and any referenced policies or documents at any time. Any such modifications shall take immediate effect upon publication, unless otherwise stated. Continued use of the Products after such changes constitutes your acceptance of the revised terms.

The failure of PgM Innovations to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision, nor shall any single or partial exercise thereof preclude any other or further exercise of that right.

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, such provision shall be construed to reflect the original intent to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind such entity and its affiliates to the terms of this Agreement. If you do not have such authority, or if you do not agree to be bound by the terms of this Agreement, you must not install, access, or use the Products.

You may assign this Agreement to a successor entity in the event of a merger, acquisition, or change of control, provided that:

  1. (a) You notify PgM Innovations in writing within ninety (90) days of such assignment;

  2. (b) The assignee agrees in writing to be bound by the terms of this Agreement; and

  3. (c) Upon such assignment, you cease all use of the Products.

PgM Innovations may assign its rights and obligations under this Agreement at any time without your consent.

All notices to you shall be sent by PgM Innovations to the email address associated with your Atlassian account or other contact information available to PgM Innovations. All notices to PgM Innovations shall be sent by confirmed email to support@pgminnovations.com.

Notices shall be deemed delivered:

  1. (i) By email, upon written confirmation of receipt by the recipient; or

  2. (ii) By courier, upon written confirmation of delivery by the courier service.