End User License Agreement (EULA)

1. Provider and Scope

The Provider is:

Apwide SA
Chemin de la Grangette 40
1010 Lausanne
Switzerland

Company registration number: CHE-473.889.808

Website: apwide.com
Customer Portal: support.apwide.com

These Provider-Specific Terms apply to Apwide Products obtained through the Atlassian Marketplace or an Atlassian-authorized reseller.

For purposes of the Standard Agreement:

• Apwide applications for Atlassian Cloud are Cloud Services; and
• Apwide applications for Atlassian Data Center are Provider Software.

Products or Professional Services purchased directly from Apwide may be subject to separate terms.

2. Applicable Documents

The following documents form part of the Agreement where applicable:

• Security Measures
• Support Policy and SLA
• Data Protection Addendum
• Subprocessor List
• Privacy Policy

Apwide may update these documents, provided that updates do not materially reduce its overall obligations during a current paid Subscription Term.

3. Hosting and Data

Depending on the Product, an Apwide Cloud Service may use infrastructure operated by Atlassian, Apwide, Apwide’s authorized subprocessors, or a combination of these environments.

Additional information about hosting, data residency and processing is available in the Product Processing Information, and information about security measures is available in the Security Measures.

Customer retains all rights, title and interest in Customer Data.

Apwide will process Customer Data only as reasonably necessary to provide, maintain, secure and support the Products, comply with Customer’s documented instructions and applicable Laws, and perform its obligations under the Agreement.

Apwide will not use Customer Data to train general-purpose artificial intelligence models or models made available to other customers or third parties, unless expressly authorized by Customer.

Usage Data does not include the substantive content of Customer Data. Apwide may use Usage Data to operate, secure, support and improve the Products, manage subscriptions and understand feature adoption.

4. Publicity

Section 17 of the Standard Agreement is replaced with the following:

Apwide may identify Customer as a customer of an Apwide Product and may use Customer’s name and logo in customer lists, websites, presentations and other promotional materials.

Apwide may also reproduce or reference public reviews, ratings and comments made by Customer or its Users, provided that they are quoted accurately and do not disclose non-public information.

Customer may withdraw these permissions at any time by submitting a written request through the Apwide Customer Portal. Apwide will stop using Customer’s name, logo and public feedback in new promotional materials within 30 calendar days.

Apwide will not publish a formal case study or non-public information about Customer without Customer’s prior written approval.

Neither party may publicly disclose the commercial terms of the Agreement, except where required by Law.

5. Governing Law and Courts

Section 19.2 of the Standard Agreement is replaced with the following:

The Agreement is governed by the substantive laws of Switzerland, without regard to conflict-of-law principles.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The courts of Lausanne, Switzerland have exclusive jurisdiction over disputes arising out of or relating to the Agreement.

Nothing prevents either party from seeking urgent interim or protective relief before another competent court.

6. Notices and Effective Date

Legal notices to Apwide must be sent by email to: legal@apwide.com

Legal notices from Apwide to Customer will be provided in accordance with Section 19.3 of the Standard Agreement.

These Provider-Specific Terms apply to Orders placed or renewed on or after their Effective Date.

Orders entered into before that date remain governed by the terms previously applicable, unless otherwise agreed in writing.