TULEAP.NET TERMS OF SERVICE [ EN-1.1 - 6 JUNE 2018 ]

1. Preamble

ENALEAN SAS is a corporation organized and existing under the laws of France, with its principal place of business at 87 avenue de Chambéry, 73230 Saint-Alban-Leysse, France, and registered under number 531 796 621 Chambéry (France). ENALEAN operates a project management and software engineering service based on the Tuleap Enterprise tool called Tuleap.net.

By using the Service, you agree to these Terms of Service, to all rules and policies related to the Service and you are accountable for their application.

By entering into this agreement with ENALEAN, you agree that you are conducting a transaction in France under the law of France. You agree that the laws of France will apply to any disputes arising out of or relating to these terms or the Service.

2. Definitions

ENALEAN: Term representing ENALEAN SAS in these Terms of Service.
Service: The “Service” is the platform based on Tuleap Enterprise, hosted and supported by ENALEAN, provided to the User under the terms of this agreement.
Tuleap.net: “Tuleap.net” is the trademark and name of the Service.
User: A “User” refers to an active account on Tuleap.net, whether associated with a physical person or not.
Data: Files, code and data in general stored under Tuleap.net, public or private, published by any User of the Service.

3. Right of use

THE SERVICE IS PROVIDED TO THE USER TO MANAGE AND HOST PROJECTS DEVELOPMENTS UNDER THE EXCLUSIVE CONDITION THAT THE PROJETS OR THE PRODUCTS ISSUED FROM THE PROJECTS ARE PROVIDED UNDER A FREE AND OPEN-SOURCE LICENSE AND THAT THE PROJETS OR PRODUCTS ARE FREELY AVAILABLE TO OTHER USERS RESPECTING THE COMMONLY ACCEPTED PRINCIPLES OF LIBRE AND OPEN-SOURCE LICENSES.

The User obtains the non-exclusive right, limited to the term of this contract, to access Tuleap.net via the Internet and to use it by means of a browser and, as the case may be, additional client programs. Rights extending beyond this, particularly to Tuleap.net, the software application or the operating software, are not obtained by the User.

The User is not authorized to use the Service beyond the authorized rights granted by these Terms of Service or to grant such use to third parties. In particular, the User is not authorized to duplicate, to sell, to resell, or to make available for a limited period of time, and primarily not to rent out or lend Tuleap.net Service or parts thereof.

By using the Service, the User is directing ENALEAN to store, manage, and provide access to Data on its behalf. The User may use the Service only to store, retrieve, manage, and access Data using the features and functionalities ENALEAN provides via the Service.

The User is solely responsible of its Data, for complying with all applicable copyrights and other laws, including import and export control laws and regulations, and with the terms of any licenses or agreements to which the User is bound. The User must ensure that Data have been lawfully acquired and are free from any malware, viruses, trojan, spyware, worms, or other malicious or harmful code.

The Service provides features that allow the User to share Data with others. The User may only share Data in which he or she has all necessary copyrights and other rights. If a User shares a file, anyone with access to this file may view, download and re-publish copies of the file. The User is solely responsible for how Data are shared and who may access the shared Data.

The User shall not share Data that contain defamatory, threatening, abusive, pornographic, or otherwise objectionable material, that advocate bigotry, hatred, or illegal discrimination, or if sharing those files violates any law, any intellectual property, publicity, privacy, or other right of others, or any license or other agreement by which the User is bound.

ENALEAN will, at its own discretion and without any prior notice, suspend access or delete any Data suspected not to conform to the Terms of Service. ENALEAN may also suspend access or delete any Data upon a valid request by a legal authority or upon claim for copyright or intellectual property infringement.

The User must follow any policy made available within the Service.

In connection with the use of the Service, ENALEAN may send to the User some service announcements, administrative messages, and other information. The User may opt out of some of those communications from its User’s personal page or via e-mail to the address indicated below.

3.1. Termination

ENALEAN may at its own discretion, suspend or delete a User account for reasons that include, but are not limited to, the following: 1.) violation of these Terms of Service; 2.) abuse of site resources or attempt to gain unauthorized access to Tuleap.net or Tuleap.net resources; 3.) use of the Service in a manner inconsistent with the purpose; 4.) a User’s request for such termination. In general, ENALEAN may suspend a User account and its ability to use the Service if the User does not comply with the Service terms or policies or if ENALEAN is investigating suspected misconduct.

Termination of any user’s access to Tuleap or any Service hereunder may be effective without notice and, on such termination, ENALEAN may immediately deactivate or delete the User’s account and/or ban the User to any further access to files, or to the complete Service. ENALEAN shall not be liable to any User or other third party for any termination of the User’s access or account hereunder.

ENALEAN reserves the right to mark suspend, delete and archive accounts or projects that are inactive for an extended period of time.

4. The service

The access to the Service is provided via the internet. Requirements for the use of the Service are a computer with internet access and a recent internet browser, as well as client software when needed, e.g. for Git, Subversion, etc.

ENALEAN does not guarantee any specific support or availability (SLA) with the Service.

While ENALEAN will use reasonable efforts to backup Tuleap.net data, ENALEAN has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. In the event of incident or data loss ENALEAN may restore data from the backup. The Service does not encompass the adherence to archiving obligations, e.g. long-term data backups serving any commercial or legal purpose.

ENALEAN may establish general practices and limits concerning use of the Service.

4.1. Disclaimer

The Service is provided on a “as is” basis and on a “as available” basis without any warranties, whether express or implied, oral or written, of any kind or nature, including, but not limited to, any warranties of quality, performance, merchantability or fitness for any particular purpose. ENALEAN hereby expressly excludes any such warranties or representations or implications that the Service will be error-free, complete, or operate correctly with any given product or system of the User.

ENALEAN does not warrant that the Service is error-free or that they will operate without interruption, nor does ENALEAN make any warranty or representation with respect to the quality, reliability, timeliness or security of the Service.

ENALEAN shall not be responsible for any loss resulting from loss or deletion of any data or information resulting from the use of the Service, or any network or system outages, file corruptions, or for any other alleged consequences of having used the Service.

5. Privacy of personal data

ENALEAN carries out all processing operations in strict compliance with European privacy laws, and in particular with the European GDPR.

ENALEAN may collect some basic personal information on the User, such as names and email addresses. This information may be used to provide help or information about the Service.

ENALEAN will not reveal any User information, including any content or any data stored or exchanged through the Service, to a third party except upon presentation of a valid request by a legal authority in the course of legal action involving a User.

ENALEAN may need privilege accesses to perform support or maintenance activities, therefore may have access to User data and information. ENALEAN will not use these information and data for any purpose other than the forementioned support or maintenance activity.

6. About terms

ENALEAN may modify these terms or any additional term that apply to a Service to, for example, reflect changes to the law or changes to the Services. The User should look at the terms regularly. ENALEAN will post notice of modifications to these terms on this page. If the User do not agree to the modified terms of Service, she or he should discontinue to use the Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between ENALEAN and the User. They do not create any third party beneficiary right.

If a User do not comply with these terms, and ENALEAN do not take action right away, this does not mean that ENALEAN is giving up any rights that ENALEAN may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

7. Hosting

Tuleap.net Service uses the hosting services of Rackspace.

8. Trademarks and intellectual property

Tuleap, Tuleap Enterprise, Tuleap Community Edition, Tuleap.net product names and logos, either separately or in combination, are registered trademarks and the property of ENALEAN. Others product names and logos used in this website are the property of ENALEAN and their respective owners.

The User is authorized to refer to the trademarks belonging to ENALEAN for reference to the Service or to Tuleap software. The User shall not use any such trademarks for any other use without the prior express written permission of ENALEAN or their respective owners. The User shall not use any confusingly similar mark as a trademark for any product or service, or use the ENALEAN trademarks in any other manner that might cause confusion in the marketplace, including but not limited, to in advertising, on websites, or on software or hardware.

The User shall not remove, obscure, or alter any legal notices displayed in or along with the Services.

9. Violation

Report any violations of the Terms of Service, any alleged copyright infringements or any other matters to legal@enalean.com

10. Contact

Should you have any other question, remark regarding the present terms, please contact us at contact@enalean.com.