End User License Agreement

Sapper Project Cleaner

Effective Date: December 2, 2025
Last Updated: December 2, 2025

This End User License Agreement ("Agreement") is between Softwired Digital Pty Ltd ("Provider", "we", "us", "our") and the entity or individual agreeing to these terms ("Customer", "you", "your"). This Agreement governs Customer's use of Sapper Project Cleaner, a cloud-based application available through the Atlassian Marketplace.

By installing or using the Product, Customer agrees to be bound by this Agreement. If you do not agree, do not install or use the Product.

1. Definitions

The following definitions apply throughout this Agreement:

  • "Affiliate" means an entity that controls, is controlled by, or is under common control with a party.
  • "Cloud Service" means Sapper Project Cleaner, provided as software-as-a-service via Atlassian Forge infrastructure.
  • "Customer Data" means any data, content, or materials that Customer submits to or stores within the Cloud Service.
  • "Documentation" means the user guides, help documentation, and Marketplace listing describing the Product's functionality.
  • "Marketplace" means the Atlassian Marketplace where the Product is distributed.
  • "Order" means an order for the Product placed through the Atlassian Marketplace.
  • "Product" means the Cloud Service and associated Documentation provided under this Agreement.
  • "Subscription Term" means the period during which Customer is authorised to use the Product, as specified in an Order.
  • "User" means an individual authorised by Customer to access the Product.

2. Products and License Grant

2.1 Cloud Service License

Subject to the terms of this Agreement and payment of applicable Fees, Provider grants Customer a non-exclusive, non-transferable, non-sublicensable license during the Subscription Term to:

  • Access and use the Cloud Service for Customer's internal business purposes
  • Allow Users to access the Cloud Service in accordance with the Documentation
  • Configure the Product's features as permitted by the user interface

2.2 License Restrictions

Customer shall not (and shall not permit others to):

  • Copy, modify, or create derivative works of the Product
  • Reverse engineer, disassemble, or decompile the Product
  • Sell, resell, license, sublicense, or distribute the Product to third parties
  • Use the Product to provide services to third parties (e.g., as a managed service)
  • Remove or obscure any proprietary notices in the Product
  • Access the Product to build a competitive product or service
  • Use the Product in violation of applicable laws or regulations

2.3 User Accounts

Customer is responsible for:

  • Ensuring Users comply with this Agreement
  • Managing User access and account credentials
  • All activities conducted through Customer's User accounts

3. Customer Data

3.1 Ownership

Customer retains all ownership rights in Customer Data. Provider claims no ownership of Customer Data.

3.2 License to Provider

Customer grants Provider a limited license to access and use Customer Data solely to:

  • Provide and maintain the Cloud Service
  • Respond to support requests
  • Comply with applicable laws

3.3 Data Processing

Provider processes Customer Data in accordance with our Privacy Policy and the data processing provisions of the Atlassian Forge platform.

3.4 Data Deletion

Upon termination of this Agreement or uninstallation of the Product, Customer Data stored in Forge app storage will be automatically deleted. Archived Jira projects remain archived within Customer's Jira instance (archiving is a Jira operation, not Product-specific).

4. Compliance with Laws

4.1 General Compliance

Each party shall comply with all applicable laws and regulations in exercising its rights and performing its obligations under this Agreement.

4.2 Export Controls

Customer shall not export or re-export the Product in violation of applicable export control laws.

4.3 Data Protection

Customer is responsible for ensuring its use of the Product complies with applicable data protection laws, including obtaining necessary consents from data subjects.

5. Support

5.1 Support Services

Provider will provide support for the Product via:

  • Email: help@softwired.com.au
  • Documentation: Available within the Product and Marketplace listing

5.2 Support Hours

Provider aims to respond to support inquiries within 7 business days (AEST). Priority support is available to paid subscription customers.

5.3 Exclusions

Support does not include:

  • Issues caused by Customer's modification of the Product
  • Issues arising from third-party software or services (including Jira itself)
  • Training or consulting services

6. Warranties

6.1 Product Warranty

Provider warrants that during the Subscription Term, the Product will perform materially as described in the Documentation when used in accordance with this Agreement.

6.2 Warranty Remedy

If Customer reports a breach of the warranty in Section 6.1 within 30 days of discovering the issue, Provider will, at its option:

  • Use commercially reasonable efforts to correct the non-conformity; or
  • Terminate the affected Order and refund any prepaid Fees for the remainder of the Subscription Term

This is Customer's sole remedy for breach of the warranty in Section 6.1.

6.3 Warranty Disclaimer

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Provider does not warrant that:

  • The Product will be uninterrupted or error-free
  • All defects will be corrected
  • The Product will meet Customer's specific requirements
  • The Product will be compatible with all third-party software or services

7. Usage Restrictions

7.1 Prohibited Uses

Customer shall not use the Product:

  • For any unlawful purpose or in violation of any applicable laws
  • To infringe upon intellectual property rights of any party
  • To transmit malicious code, viruses, or harmful content
  • In a manner that could damage, disable, or impair the Product

7.2 High-Risk Activities

The Product is not designed for use in high-risk activities where failure could lead to death, personal injury, or severe environmental damage. Customer assumes all risk associated with any such use.

7.3 Sensitive Data

Customer shall not submit to the Product any data that:

  • Is subject to heightened regulatory requirements (e.g., health records, payment card data)
  • Would require Provider to comply with specific security standards beyond those provided

8. Third-Party Services

8.1 Atlassian Dependency

The Product is built on and depends on Atlassian Forge infrastructure and Jira Cloud. Customer's use of the Product is subject to:

  • Atlassian's Terms of Service
  • Atlassian's Privacy Policy
  • Jira's availability and functionality

Provider is not responsible for any acts or omissions of Atlassian or changes to Atlassian services.

8.2 No Other Third-Party Services

The Product does not integrate with or depend on third-party services other than Atlassian infrastructure.

9. Fees and Payment

9.1 Fees

Fees for the Product are set forth in the Marketplace listing and processed exclusively through the Atlassian Marketplace.

9.2 Payment

All payment terms, billing, and refunds are governed by Atlassian Marketplace policies.

9.3 Taxes

Fees are exclusive of applicable taxes. Atlassian handles tax collection as required.

9.4 Price Changes

Provider may change Fees upon 30 days' notice via the Marketplace listing. Changed Fees apply to the next renewal term.

10. Term and Renewal

10.1 Subscription Term

The initial Subscription Term begins on the Order date and continues for the period specified in the Order (typically 12 months for annual subscriptions or 1 month for monthly subscriptions).

10.2 Renewal

Subscriptions automatically renew for successive periods equal to the initial Subscription Term unless:

  • Either party provides notice of non-renewal before the current term expires
  • Customer cancels via the Atlassian Marketplace

10.3 Trial Period

If Customer is using the Product under a trial license:

  • The trial period is as specified in the Marketplace listing (typically 30 days)
  • Trial features may be limited as described in the Marketplace listing
  • Provider may terminate the trial at any time

11. Termination

11.1 Termination for Convenience

Customer may terminate this Agreement at any time by uninstalling the Product and cancelling the subscription via the Atlassian Marketplace.

11.2 Termination for Cause

Either party may terminate this Agreement immediately upon written notice if:

  • The other party materially breaches this Agreement and fails to cure within 30 days of receiving notice
  • The other party becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to bankruptcy proceedings

11.3 Effect of Termination

Upon termination:

  • Customer's license to use the Product terminates immediately
  • Customer shall cease all use of the Product
  • Provider will delete Customer Data from Forge storage
  • Sections 3.1, 6.3, 7, 12, 13, 14, 15, and this Section 11.3 survive termination

11.4 No Refunds

Except as expressly provided in Section 6.2, termination does not entitle Customer to a refund of any Fees paid.

12. Intellectual Property

12.1 Provider Ownership

Provider and its licensors retain all right, title, and interest in and to the Product, including all intellectual property rights. This Agreement does not grant Customer any rights in the Product except the limited license in Section 2.

12.2 Feedback

If Customer provides suggestions, ideas, or other feedback regarding the Product ("Feedback"), Customer grants Provider a perpetual, irrevocable, royalty-free license to use the Feedback for any purpose without restriction or compensation to Customer.

12.3 IP Indemnification

Provider will defend Customer against any third-party claim that Customer's use of the Product in accordance with this Agreement infringes that third party's patent, copyright, or trademark, and will indemnify Customer from any damages finally awarded against Customer as a result of such claim, provided that:

  • Customer promptly notifies Provider of the claim
  • Provider has sole control of the defence and settlement
  • Customer provides reasonable cooperation

If a claim is made or is likely, Provider may, at its option:

  • Procure the right for Customer to continue using the Product
  • Modify the Product to make it non-infringing
  • Terminate the affected Order and refund prepaid Fees for the remainder of the Subscription Term

This Section 12.3 states Provider's sole liability for IP infringement claims.

13. Limitation of Liability

13.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER A PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Liability Cap

EXCEPT FOR AMOUNTS PAYABLE UNDER SECTION 12.3 (IP INDEMNIFICATION), EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER IN THE 12 MONTHS PRECEDING THE CLAIM.

13.3 Trial Liability Cap

IF CUSTOMER IS USING THE PRODUCT UNDER A TRIAL LICENSE, PROVIDER'S TOTAL LIABILITY WILL NOT EXCEED AUD $1,000.

13.4 Essential Purpose

THE LIMITATIONS IN THIS SECTION 13 APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13.5 Exceptions

Nothing in this Agreement excludes or limits liability for:

  • Fraud or fraudulent misrepresentation
  • Death or personal injury caused by negligence
  • Any liability that cannot be excluded or limited by law

14. Confidentiality

14.1 Definition

"Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or should reasonably be understood to be confidential.

14.2 Obligations

The receiving party shall:

  • Use Confidential Information only to exercise its rights and perform its obligations under this Agreement
  • Protect Confidential Information using at least the same degree of care it uses for its own confidential information
  • Not disclose Confidential Information to third parties except as permitted by this Agreement

14.3 Exceptions

Confidential Information does not include information that:

  • Is or becomes publicly available through no fault of the receiving party
  • Was rightfully known to the receiving party prior to disclosure
  • Is independently developed by the receiving party without use of Confidential Information
  • Is rightfully obtained from a third party without restriction

14.4 Required Disclosure

The receiving party may disclose Confidential Information if required by law, provided it gives reasonable notice to the disclosing party (where permitted) to allow the disclosing party to seek protective measures.

15. General Terms

15.1 Governing Law

This Agreement is governed by the laws of Queensland, Australia, without regard to conflict of law principles.

15.2 Jurisdiction

Any dispute arising from this Agreement shall be resolved in the courts of Queensland, Australia. Each party submits to the exclusive jurisdiction of those courts.

15.3 Entire Agreement

This Agreement, together with the Terms of Service, Privacy Policy, and any Orders, constitutes the entire agreement between the parties regarding the Product and supersedes all prior agreements or understandings.

15.4 Amendments

Provider may amend this Agreement by posting a revised version with an updated "Last Updated" date. Material changes will be communicated via the Marketplace listing or email (where contact information is available). Continued use of the Product after changes take effect constitutes acceptance of the amended Agreement.

15.5 Severability

If any provision of this Agreement is held unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

15.6 Waiver

Failure to enforce any provision of this Agreement does not constitute a waiver of that provision or any other provision.

15.7 Assignment

Customer may not assign this Agreement without Provider's prior written consent. Provider may assign this Agreement to an Affiliate or in connection with a merger, acquisition, or sale of assets.

15.8 Force Majeure

Neither party will be liable for delays or failures in performance resulting from circumstances beyond its reasonable control, including natural disasters, acts of government, internet or telecommunications failures, or failures of Atlassian services.

15.9 Notices

Notices under this Agreement shall be sent:

  • To Provider: help@softwired.com.au
  • To Customer: Via the Marketplace notifications, email on file, or in-app messages

16. Contact Information

Softwired Digital Pty Ltd

For questions about this Agreement, please contact us at help@softwired.com.au.

17. Acknowledgment

BY INSTALLING OR USING SAPPER PROJECT CLEANER, CUSTOMER ACKNOWLEDGES THAT:

  • Customer has read and understood this Agreement
  • Customer agrees to be bound by this Agreement
  • Customer has authority to accept this Agreement on behalf of the organisation
  • Customer has read and understood the Privacy Policy

Document Version: 1.0
Effective Date: December 2, 2025
Last Updated: December 2, 2025

This Agreement is based on the Bonterms Standard End User Agreement (Version 1.0) as recommended by the Atlassian Marketplace.