These Terms of Service (the “Terms”) is a binding legal agreement between HeroCoders sp. z o.o., a company incorporated under the laws of Poland under registration number NIP: 5833433174, having its registered address at: Zosi 16, Gdansk 80-119, Pomorskie, Poland, or any one of its subsidiaries or affiliated companies (collectively referred to as “HeroCoders”, “we”, “us” or “our”), and a customer (“you” or “your”), the user of the Websites (as defined below), being a person, entity or organization subscribing to our Apps (as defined below), hereinafter referred to together as the “Parties” and individually as a “Party”.
By referring to the “Partner Platform” or “Partner Platforms”, we imply our marketplace partners, which include, but are not limited to, the Atlassian Marketplace Platform (Jira), the Microsoft Corporation Commercial Marketplace Platform (Microsoft Teams), and monday.com’s Marketplace (monday.com) with which HeroCoders has executed partnership agreements with respect to publishing, promotion, selling, testing and distribution of our Apps. We encourage you to read the Partner Platforms’ terms and conditions, as well as their privacy policies and other public documents, before purchasing (if applicable), installing and using the Apps since they may apply to you along with these Terms. In case you need further information about the Partner Platforms, please contact us at: firstname.lastname@example.org.
The Terms govern your:
(i) use of our products and services, including all of our SaaS/Cloud software products(the Cloud-Based Saas Products), plug-in applications and our downloadable software products (the Downloadable Software with Perpetual Licensing, the Subscription-Based Downloadable Software) offered to you through The HeroCoders Websites and/or the Partner Platforms (collectively, the “Apps”);
(ii) use of the websites provided and maintained by HeroCoders, and any of their subdomains, including, but not limited to:
(iii) other interactions with us (for example, by contacting us through email or Support Portal or applying for a job).
We refer in the Terms to all of these products, the Apps, and the Websites, together with our other services, as the “Services”, or if severally, as the “Service”.
1.1. The Terms apply to all our Apps licensed to you. Before purchasing (if applicable), installing, and/or using the Apps, please carefully read the Terms. By purchasing (if applicable), installing and/or using the Apps, you acknowledge that you have read, understood and agree to be bound by the Terms, including, without limitation, the terms of other documents and/or policies that are incorporated herein by reference or mentioned. If you are accepting the Terms on behalf of another person or company or other legal entity, you represent and warrant that you have full authority to bind that person, company or legal entity under the Terms.
1.2. If you do not agree to the Terms, or you do not have the necessary authority, you are not authorized to install and/or use the Apps for any purpose whatsoever and you must promptly unsubscribe from the Apps.
1.4. Please read the Terms carefully, as they contain important information concerning your rights and limitations on these rights, as well as information about the governing law and jurisdiction for the disputes.
1.5. HeroCoders reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms at any time, with or without any prior notice to you. Please check the Terms periodically for any changes. Your continuing use of the Services following any revisions or changes to the Terms will constitute your irrevocable acceptance of any and all such revisions and changes.
2.1. Subject to the Terms and subject to the termination rights stipulated under Section 18 hereof, the duration of the Terms shall continue in force for the period of:
(i) the Subscription License (defined below) or the renewal period of the Subscription-Based Apps;
(ii) the Evaluation Period (defined below) of the Evaluation License (defined below); or
(iii) your utilization of the Free Apps as provided on the applicable Partner Platform until the Free Apps are uninstalled and/or removed from our Services offerings.
3.1. HeroCoders develops add-ons for the Partner Platforms, which serve as the functional tools that help businesses to make their processes more effective by, e.g., making communication of goals and objectives or time reporting easier for teams using our add-ons.
3.2. We offer, without limitation, the following Apps:
(i) the Cloud-Based SaaS Products:
(ii) the Downloadable Software with Perpetual Licensing:
(ii) the Subscription-Based Downloadable Software:
3.3. The list of the available Apps, their descriptions, conditions for installing, pricing and other details can be found on the Websites.
3.4. The Apps offered to you through the Partner Platforms are offered to you:
3.5. The Terms apply whether you purchase our Apps directly from HeroCoders, through the Partner Platforms, through an authorized reseller or otherwise. If you purchase through a reseller, your license rights shall be stated in the order provided to you by the reseller. Resellers are not authorized to make any promises, commitments or impose additional terms and conditions on our behalf, and we are not bound by any obligations to you other than what is included in the Terms.
3.6. To make use of our Apps, you may be required to register on the Partner Platform. You are to ensure that any information that you provide on the Partner Platform is correct, complete and current, as you shall be responsible for updating the accuracy of your information.
3.7. Once you have submitted an order for the subscription and/or renewal and/or use of the Apps via the Partner Platform or its authorized reseller, you shall be directed on your authorized use of the Apps which shall include: the type of license you have acquired, your name, contact details, the number of permitted users inside the Partner Platform’s product(s) and the SaaS Product(s), the required Fees, and any other related information as reasonably required.
3.8. The Apps shall be sent electronically to you and you shall be responsible for the installation of the Apps.
3.9. You might need a valid user account with the Partner Platform in order to log in to the SaaS Product.
3.10. You may also create an account using Support Portal if you wish to use HeroCoders Help Center to get product support or other services.
3.11. We have the right to change, modify, upgrade, add to, or discontinue the Services or any portion or feature thereof at any time without any prior notice to you. We also reserve the right to assign or transfer the Terms, in whole or in part, without restriction.
4.1. The Terms entitle you to install and use the amount of copies of the App, which is specified in the license terms and conditions of the particular App on the Websites. The Terms do not permit the installation or use of multiple copies of the Apps on a system that allows shared use of applications. Multiple copy use or installation is only allowed if you obtain the appropriate license for each copy of the Apps. Furthermore, the Apps may only be installed and used on the systems you own, lease or which are controlled by you, or your third party service provider, provided you remain responsible for the third party’s compliance with the terms and conditions of the Terms.
4.2. Subject to the Terms, you are granted a worldwide, limited, non-transferable, non-exclusive, non-sublicensable, “as-is” right to install and use the Apps for the term and applicable licensing Fee that is associated with the particular Apps you choose to purchase.
4.3. The Apps are licensed to you either on a Subscription License, an Evaluation License, or a Free License, or a Perpetual License, subject to the following terms:
(i) The Subscription License
The Subscription-Based Apps shall be granted on a time specific limit as per the subscription license (the “Subscription License”), providing you with a worldwide, non-exclusive, non-transferable, non-sublicensable use of the Subscription-Based Apps, subject to automatic renewal for successive monthly or annual terms unless either Party notifies the other of nonrenewal or we cease to make a particular Service available. If you cancel your subscription to the Subscription-Based Apps, your subscription will terminate at the end of the then-current billing cycle, and you will not be entitled to any refunds for amounts accrued or paid prior to such termination.
You acknowledge and agree to the use of the Cloud-Based SaaS Products, which are provided to you as a cloud service, and are hosted by us and/or the Partner Platforms. You also acknowledge and agree that HeroCoders and/or the Partner Platforms may make changes to the Cloud-Based SaaS Products from time to time.
(ii) The Evaluation License
The Partner Platform may provide you, at their sole discretion, with a time-limited, worldwide, non-exclusive, non-transferable, non-sublicensable, limited license for the purposes of assessing the functionality of the Apps (the “Evaluation License”). The Evaluation License will provide you with the full version of the Apps for free for 30 (thirty) days (the “Evaluation Period”) unless stated otherwise, after which you must either purchase or uninstall the Apps. Upon the expiry of the Evaluation Period, you shall be obligated to pay for the full license Fee or stop using the Apps, and all components of the Apps shall cease to function.
(iii) The Free License
The Free Apps shall be granted to you at no cost and shall be provided to you on a time-limited, worldwide, non-exclusive, non-transferable, non-sublicensable limited license (the “Free License”). Your use of the Free Apps shall be subject to any other terms and conditions as we deem necessary and shall be for a stipulated period of time.
(iv) The Perpetual License
The Downloadable Software with Perpetual Licensing shall be granted to you with a time-limited (e.g., a year or two years), worldwide, non-exclusive, non-transferable, non-sublicensable, limited license (the “Perpetual License”), allowing you free upgrades in the limited amount of time the license was bought. The Perpetual License allows for an infinite usage of the bought version or the most recent version released within the “upgrade allowed” timeframe.
4.4. You acknowledge that we may cancel the Free Apps at any time and for whatever reason, at our sole discretion. You may, however, upgrade to a similar product offered as a Subscription-Based App, if available, and all your applicable data will be transferred by us automatically if possible.
4.5. We reserve the right to terminate or suspend your Subscription License without providing any prior notice or reason in case of any violation of these Terms or the applicable law, or at our sole discretion. If your Subscription License is terminated or suspended by us for any reason, you may be further prohibited from being granted a new Subscription License, even if you may be acting on behalf of a third party.
5.1. The Apps are licensed, not sold, to you and we shall retain ownership of all the Apps, including copies of the Apps. Accordingly, the following restrictions shall apply:
(i) Restrictions on Transfer
You may not assign your rights and obligations under the Terms, or redistribute, encumber, distribute, sell, rent, lease, sublicense, or otherwise transfer your rights to the Apps as granted to you under the Terms or make the Apps available to a third party without our prior written consent.
(ii) Restrictions on Use
You may not use, copy or install the Apps on any system, or permit the use, copying, or installation of the Apps on more than one Partner Platform’s product(s). If you hold multiple, validly licensed copies, you may not use, copy, or install the Apps on any system with more users than the number permitted by the applicable license. You may not:
You may not use the Services in any manner, which is illegal or contravenes any applicable law, regulation or a third party’s intellectual property rights.
(iii) Restrictions on Alteration
You may not modify the Apps or create any derivative works of the Apps. Derivative works include, but are not limited to, translations. You may not alter any files or libraries in any portion of the Apps.
(iv) Restrictions on Copying
You may not copy any part of the Apps.
(v) Restrictions on Export
You acknowledge and agree to not export or re-export the Apps outside the jurisdiction in which the Apps were obtained by you without our prior written consent or as authorized by applicable laws and regulations. You shall be solely responsible for determining the existence of applicable laws and compliance with relevant laws as regards to the export of the Apps from the country of original purchase. We are not liable for your use of the Apps in your jurisdiction or as specified under the Terms. You are solely responsible for complying with applicable laws and obtaining any needed authorization for export. You agree to not export the Apps from any country where there are applicable legal restrictions on such export. We reserve all our rights not expressly granted to you under the Terms.
7.1. We may provide you with version upgrades, and/or enhancements of the Apps and make them generally available from time to time.
7.2. To address any technical issues you may have regarding the Apps, we shall provide you with online technical support (the “Maintenance Services”).The Maintenance Services shall be provided to you with reasonable skill and care for the duration of your Subscription License and for the duration of the Free License, including any applicable renewal periods thereof.
8.1. We shall provide you with support services, which shall include, but are not limited to, bug fixes and patches (the “Support Services”) for the duration of your Subscription License and for the duration of the Free License, including any applicable renewal periods thereof.
8.2. You can request the Support Services through one of the following channels:
8.3. The use of the Support Services is governed by our Service Level Agreement.
9.1. The Apps and the HeroCoders Websites as a whole and accounts on social media belong to us and are protected by the intellectual property legislation. All the Apps and the HeroCoders Websites information, content, software, graphics, text, sounds, images, buttons, trademarks, services marks, trade names, logos and the software required for our Apps and the HeroCoders Websites used by or contained on/in the Apps and the HeroCoders Websites are owned by HeroCoders or HeroCoders’ licensors (the “Intellectual Property Materials” or the “Services Content”), and protected by copyright, trademarks, national and international laws, conventions, treaties and other laws. You agree that we exclusively retain all right, title, interest and intellectual property rights in and to the Intellectual Property Materials.
9.2. Our Intellectual Property Materials may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, transferred, assigned, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of HeroCoders.
9.3. Nothing in the Terms shall operate to assign or transfer any intellectual property rights from us to you or vice versa. The intellectual property rights shall mean any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future, and include all copyright and analogous rights, all rights in relation to inventions, patents, source code, software, trademarks and designs (whether registered or not), circuit layouts, trade names, trade secrets, business names, company names or the Internet domain names.
9.4. HeroCoders shall retain all right, title and interest in and to the Apps and the HeroCoders Websites, as well as all the intellectual property rights not expressly granted by us under the Terms.
9.5. The Services may contain links to third-party websites or services, which do not belong to us, and we do not control them. We shall not be responsible for the content, privacy practices and the functioning of third-party websites and services. We disclaim any liability for any aspects of such third-party websites and services via your direct access or through the HeroCoders Website. Please read public documents of those third-party websites and services before using them.
10.1. “User Content” means any content created, posted, or shared by you, on or through the Services, including, without limitation, any information, data, and other content relating to you.
10.2. In connection with the use of the Services and the Services Content or the User Content, you are not authorised to nor can allow a third party to:
10.3. You represent and warrant that you retain ownership of all of your intellectual property rights in the User Content or that this User Content is subject to a license granted to you by a third party holding these rights, under conditions allowing you to freely use and/or transfer these elements for the purpose of using the Services, under the conditions described in the Terms. HeroCoders does not claim ownership of the User Content.
10.4. You agree to hold HeroCoders harmless from all claims or actions brought by third parties on the grounds of an infringement of their rights, including, without limitation, publicity rights, copyrights, trademark and/or other intellectual property rights or privacy rights in the User Content.
11.1. The Apps shall be offered to you either on a subscription basis or free of charge, which is indicated in the description to each of the Apps on the respective Partner Platform.
11.2. The Partner Platforms are responsible for handling subscriptions and payments on our behalf. HeroCoders as a vendor of the Partner Platforms sets the price only and does not handle any payments for the Apps. For Atlassian Marketplace, HeroCoders only sets the per-user price. The final price is calculated by Atlassian and HeroCoders has no control over it.
11.3. The Fees for the Apps provided on a subscription basis shall be charged based on the number of users subscribed on your side, unless otherwise stipulated by the Partner Platforms licensing terms and conditions You can refer to the Partner Platforms Terms to find out more about factors affecting the price you will be charged:
11.4. The Partner Platforms may offer a free trial for the Apps or portion thereof on the terms set forth in the Partner Platforms Terms (the “Trial”):
11.5. The Trial implies that you may use the Apps free of charge for 30 (thirty) days or 1 (one) billing cycle, unless otherwise stated on the Websites. Upon expiration of the Trial, you will have to pay for the subscription plan you chose, otherwise the Apps will either cease to function or operate under certain limitations.
11.6. You agree to pay all applicable fees for the Apps (the “Fee(s)”) on their due date and in a manner directed at the time of subscribing for the Apps. Should you fail to pay the applicable Fees, this may result in the termination of the licenses granted to you under the Terms.
11.7. The Fees for the Apps are non-refundable, unless otherwise stipulated by the Partner Platforms Terms.
12.1. We warrant that HeroCoders has the legal right and authority to enter into the Terms and to perform its obligations under the Terms.
12.2. You acknowledge and warrant to us that you have the legal right and authority to enter into the Terms and to perform your obligations under the Terms.
12.3. You acknowledge and agree that HeroCoders is the sole owner of the Apps, including improvements made based on the feedback you may provide about the Apps (the “Improvements”). You hereby agree you will make no claims of intellectual property rights to such Improvements or to such modified software, programs, data structure or other intellectual property created pursuant to the Improvements, and where HeroCoders is not by law the first owner of such Improvements, you hereby assign and transfer to HeroCoders any and all right, title and interest you have or may have in the Improvements.
12.4. All of the Parties’ warranties and representations in respect of the subject-matter of the Terms are expressly set out in the Terms. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject-matter of the Terms will be implied into the Terms or any related contract.
12.5. You acknowledge that:
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND HEROCODERS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT HEROCODERS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM HEROCODERS OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. WITHOUT LIMITATION TO THE FOREGOING, THE HEROCODERS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
You agree that HeroCoders may use your name and logo for the purpose of identifying you as a user of the Apps. We undertake to comply with a written request to discontinue such use within 30 (thirty) days.
17.1. You agree that your use of the Apps is at your own risk. To the maximum extent permitted by applicable law, in no event shall HeroCoders be liable to you for, or to those claiming through you for, any indirect, consequential, incidental or special damage or loss of any kind including, but not limited to, loss of profits, loss of contracts, business interruptions, cost of substitute goods or services, loss of or corruption of data, however caused, and whether arising under contract or tort (including, without limitation, negligence). The limitations in this clause shall apply notwithstanding the failure of the essential purpose of any remedy.
17.2. In no event shall our aggregate liability to you arising out of or in connection with the Terms, from all causes of action and theories of liability (including, without limitation, negligence), exceed the amounts paid for the current subscription period of the Subscription-Based Apps. HeroCoders, however, shall not be liable to you for the Free SaaS Products.
17.3. In no event shall HeroCoders be liable for any failure of performance due to circumstance beyond our control, including, but not limited to, a power outage, computer virus, malware, spyware, key logger application, system failure, fire, flood, earthquake, terrorism, act of war, or extreme weather conditions.
18.1. Upon becoming aware of an actual or potential breach and/or claim and/or infringement, you agree to cooperate with HeroCoders (at your expense) and you agree to notify us and provide us with all such assistance as may be reasonably requested to allow us the exclusive conduct of all disputes, proceedings, negotiations and settlements with third parties. You must, furthermore, not admit liability to any third party or settle any disputes or proceedings involving a third party without our prior written consent.
18.2. You shall indemnify, defend and hold HeroCoders harmless from and against any and all claims, liabilities, suits, actions and expenses (including legal counsel fees, legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by us, arising directly or indirectly from: (i) any information that is inaccurate, not up to date, incomplete, misleading or a misrepresentation; (ii) any breach of the Terms by you or an authorized user; (iii) any misuse of the Services by you, your employees, contractors and/or authorized users; (iv) any breach of law, regulation or license by you or an authorized user; and (v) any claim brought by a third party arising out of or in connection with your or an authorized user’s use of the Services.
18.3. The obligations under this section will survive termination of the Terms.
19.1. The Terms may terminate through: (i) the expiration of the Subscription License; or (ii) the expiry of the Evaluation Period; or (iii) the uninstallment of a Free License; or (iv) the termination for convenience; or (iii) the termination for cause.
19.2. If we terminate the Terms for convenience where you are paying for a Subscription License, your license to the Subscription-Based Apps shall automatically terminate and you shall be required to remove all components of the Apps from your systems and destroy any copies.
19.3. HeroCoders may terminate the Terms if you materially breach them or any other agreement you have entered into with us. A material breach shall include, but is not limited to, your failure to timely pay the Fees when they have become due and owing to us, when you significantly put our system at risk as a result of not using the designated user interface elements to access or store data and non-UI access as per the applicable documentation, and where you attempt to access all your data at once from our servers or store more data than can be displayed in UI. As such, where it has been found that you have caused a material breach, HeroCoders shall, in its sole discretion, temporarily deny you access to the Apps so as to afford us with the opportunity to protect our system and our other customers.
19.4. Should we terminate the Terms for cause, we will provide you with a 10 (ten) days’ prior written notice, if we have your contact details, after which period the Terms will automatically terminate. Upon termination of the Terms, you shall cease all use of the Apps and you shall reasonably cooperate in: (a) removing, uninstalling or deactivating all copies of the Apps; and (b) satisfying all financial obligations you may have to us.
19.5. If you terminate the Terms for convenience or if we terminate the Terms for cause, you shall not be entitled to a refund of any portion of the Fees you have paid for the Apps.
20.1. Relationship of the Parties. The Parties are independent parties under the Terms and expressly disclaim any partnership, franchise, joint venture, agency, employer/employee, fiduciary or other special relationship. Neither Party intends the Terms to benefit, or create any right or cause of action in or on behalf of, any person or entity other than the Parties and listed affiliates. The Terms are not intended to create a third-party beneficiary of any kind. You must not represent to any third party that it has any right to bind us in any manner and you will not make any representations or warranties on behalf of us.
20.2. Severability. If a court holds that any provision of the Terms is invalid or unenforceable under applicable law, the court will modify the provision to the minimum extent necessary to make it valid and enforceable or, if it cannot be made valid and enforceable, the court will sever and delete the provision from the Terms. The change will affect neither the validity of the amended provision nor the validity of any other provision of the Terms, which will continue in full force and effect.
20.3. No Waiver. A Party’s failure or delay in enforcing any provision of the Terms will not operate as a waiver of the right to enforce that provision or any other provision of the Terms at any time. A waiver of any provision of the Terms must be in writing, specify the provision to be waived and signed by the Party agreeing to the waiver.
20.4. Force Majeure. A “Force Majeure” event means any event beyond a Party’s reasonable control that, by its nature, could not have been foreseen or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s one), acts of God, war, riot, embargoes, acts of civil or military authorities, acts of terrorism or sabotage, shortage of supply or delay in delivery by our vendors, fire, flood, earthquake, accident, radiation, inability to secure transportation, failure of communications or energy sources, malicious damage, breakdown of plant or machinery, or default of suppliers or subcontractors. Neither Party is liable for delays or failures to perform any of its obligations under the Terms to the extent caused by a Force Majeure event.
20.5. Notices. Any notice given under or in relation to the Terms must be in writing and emailed: (i) if to us, at: email@example.com; (ii) if to you, at the email address provided by you when purchasing the Apps.
20.6. Assignment. You may not sublicense, assign or transfer any rights under the Terms without our prior written consent. Any attempt by you to sublicense, assign or transfer any of your rights, duties or obligations under the Terms, whether directly or indirectly, by merger, acquisition or change of control, will be null and void.
20.7. Governing Law. The Terms, and any dispute or claim arising out of or in connection with it or its subject-matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with Polish and European Union laws, and the Parties irrevocably agree to submit to the exclusive jurisdiction of the courts of Poland and the European Union
20.9. Changes to the Agreement. We reserve the right to amend the Terms, as well as the contents of the Services, at any time and for any reason and without liability to you, any other user or any third party. Any amendment will be effective on the posting of an updated version at this page. You understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated Terms. This right shall not affect the Terms accepted by you upon making a legitimate purchase (if applicable) or installation of the Apps. We will note the date that updates were last made to the Terms at the top of this page, and the updated Terms will take effect upon posting. It is your responsibility to check the Terms each time you access the Services and review the most current version of the Terms.
For any questions regarding the Terms, claims, complaints or comments, please email us at: firstname.lastname@example.org. Also, regarding our Jira-relatedApps, you can contact us through our Help Center at: https://herocoders.atlassian.net/servicedesk.
HeroCoders (“We”, “Us”, the “Company”, or “ HeroCoders ”) is committed to protecting and respecting your privacy. We want to tell You how we use and protect your personal information or data (“Personal Data”). This includes informing You of your rights regarding your Personal Data that we hold.
If you do not agree with this policy, do not access or use our Services or interact with any other aspect of our business.
This is HeroCoders’ registered address and contact information:
HeroCoders sp. z o.o.
Many of our Services are intended for use by organizations. Where the Services are made available to You through an organization (e.g., your employer), that organization is the administrator of the Services and acts as a data controller of your Personal Data, while Herocoders process it on their behalf as a data processor. If this is the case, please direct your data privacy questions to your administrator, as your use of the Services is subject to that organization’s policies.
Administrators are able to:
Even if the Services are not currently administered or made available to You by an organization, if You use an email address provided by an organization (such as your work email address) to access the Services, then the owner of the domain associated with your email address (e.g. your employer) may assert administrative control over your account and your use of the Services at a later date.
If You do not want an administrator to be able to assert control over your account and your use of the Services, please use your personal email address to register for or access the Services.
Please contact your organization or refer to your administrator’s organizational policies for more information.
As a data controller, We may process your Personal Data only if we have identified a specific purpose and a legal basis to do so. In other cases, We may process your Personal Data acting as a data processor on behalf of our customers and solely for the purposes of providing our Services to them.
You may give us information about You, for example:
When You contact us via e-mail or for service through the support portal, we will collect your name, your email address, and any other information You choose to provide.
We may also receive and process Your personal data when You access the webpage https://herocoders.breezy.hr and decide to apply for a job opportunity that We´ve posted by clicking on a job posting on https://www.herocoders.com/careers.
We may receive certain information about You when you interact with our social media accounts.
If You visit our Website, we may automatically collect information about You, for example:
When using our Apps, We may process certain information about You. This information is made accessible to Herocoders since our Apps need to work together with the host products such as Jira from Atlassian,Microsoft Teams from Microsoft and monday.com from monday.com Ltd.
The scope of the personal data processed and other details of the respective data processing activities can be different and depend on the specific App that You choose to use. To make things more comprehensive for You, We provide more details about this in a separate table available at https://herocoders.com/terms#Personal-Data-Access.
Please also note that We are not always directly responsible for the processing of Your information via Apps. You may need to contact the company that has subscribed to our Services if you wish to exercise the control over Your personal information.
As part of Our Services, We have access to the contact information (e.g., your name, phone number and email address) and license information (e.g., number of licenses, term of the license, etc.) You provide when You subscribe to a license for any of Our Services or when You renew maintenance for Our Services on the Partner Platform.
HeroCoders may process your data for some or all of the following reasons:
As a data controller, HeroCoders may process your information because:
Where Herocoders acts as a data processor, We will process your Personal Data on behalf of our customers.
HeroCoders will share the information we have collected about You (including your Personal Data) only if we are required to do so by law, or if:
Additional information about the service providers we use to support delivery of our services and other activities is set forth at https://www.herocoders.com/terms#Data-Processing-Agreement. Regardless of whether you use our Services, whenever You interact with the content on our social media channels (e.g. Twitter, LinkedIn), be aware that Your personal data may be shared with social media management software.
In case your Personal Data is provided to service providers outside the EEA (European Economic Area), We will implement appropriate safeguards to protect your Personal Data, including Standard Contractual Clauses as adopted by the European Commission. Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
We reserve the right, consistent with data privacy and other user data protection requirements applicable to the jurisdiction where data is stored, and if mandated by applicable law, regulation, legal process, or governmental order, disclose user data or other information, but only to the extent required to satisfy those laws, regulations, or orders. Unless prohibited by law or other order, we will provide reasonable notice of any such required or requested disclosure to you and reasonably cooperate to limit such disclosure to the extent allowed by law.
We store data for varying lengths of time depending on the circumstances:
Our downloaded Apps store all information in the Atlassian Jira on-premise product where they are installed. All data is located in your IT system (server or data center) that hosts the Atlassian Jira - on-premise product.
No information stored on the installation IT system is made available to Us when You download, install, or use the Apps. The Apps do not transmit data from your IT system or from the end-user’s web browser to us or to any third-party.
The contact and license information We collect about our customers (i.e. company information and contact information of the contact persons) is stored in our databases for a year after the license expires. However, Atlassian allows us to see the expired license information in the Marketplace admin section according to the Atlassian and Marketplace policies..
In case of SaaS/Cloud Apps, Your personal data may be stored for varying lengths of time depending on the specific product or Services You use. Specifically, We undertake to remove Your personal information:
When You contact us via email or through our support portal, we will only store Your personal information for as long as needed to fulfill the purpose of its initial collection. For example, the information contained in your customer request will only be processed until your request is fulfilled.
When You apply for a job position at our https://herocoders.breezy.hr webpage, we will store your file for no longer than 24 months after it was collected in case another position fitting for You opens up. After this period, the information provided by You will be deleted.
In case of your Personal Data that may be collected via our Website, we will store the data as long as it is necessary for the purposes it was collected.
In the case of SaaS/Cloud Apps, We primarily store and process the data or information you provide in the United States of America, it being understood that we do not store any of your Personal Data. Furthermore, in the case of SaaS/Cloud Apps, your Personal Data will never be transferred, out of the host application (Jira) and browser, to us or to any other third-party. For these services, we store only the contact information of the administrator who has installed the app in our CRM system in order to send product-related emails and notifications to them.
However, in the case of downloadable Apps, the information will be stored on Your systems and servers, wherever Your systems and servers are located.
If the Personal Data is necessary in order to supply products or services to You under a contract between You and HeroCoders, then we will not enter into that contract or provide the services or goods if You do not give us Your Personal Data.
HeroCoders will respect your legal rights to your data.
As a processor of Personal Data, we will assist our customers and end users with responding to individual rights requests that they receive under the GDPR. In many cases, customers may be able to address these types of requests by logging into the applicable product and using settings available within such product or your account. Where this is not possible, please contact us to request assistance with any such individual rights requests.
Below are the Legal rights that You have under law, and what HeroCoders does to protect those rights:
You have the right to access your information. Our Services give you the ability to access and update or delete certain information about you from within the Service. For example, you can access Jira issue and checklist items stored for that issue and then update or remove checklist items that hold Your information. In certain cases, you may need to contact the administrator of your account or your company’s account. Please contact HeroCoders at email@example.com if have any questions or You wish to access the Personal Data HeroCoders holds about you.
If the information HeroCoders holds about You is inaccurate or not complete, You have the right to ask us to rectify it. If that data has been passed to a third party with your consent or for legal reasons, then we must also ask them to rectify the data. Please contact Us at firstname.lastname@example.org if You need us to rectify your information.
This is sometimes called ‘the right to be forgotten’. If You want HeroCoders to erase all your Personal Data and we do not have a legal reason to continue to process and hold it, please contact Us at email@example.com.
You have the right to ask HeroCoders to restrict how we process your data. This means We are permitted to store the data but not further process it. We keep just enough data to make sure we respect your request in the future. If You want Us to restrict processing of your data, please contact Us at firstname.lastname@example.org.
You have the right to object to HeroCoders processing your data even if it is based on Our legitimate interests, the exercise of official authority, direct marketing (including data aggregation), and processing for the purpose of statistics. If You wish to object please contact Us at email@example.com.
If You have given Us your consent to process your data but change your mind later, You have the right to withdraw your consent at any time, and HeroCoders must stop processing your data. If You want to withdraw your consent, please contact Us at firstname.lastname@example.org.
You have the right to lodge a complaint with a competent Data Protection Authority, in particular the one in the EEA country of your habitual residence or place of work if You feel that HeroCoders has not responded to your requests to solve a problem.
In case You are a resident of California, You are entitled to certain rights over your personal data under the California Consumer Privacy Act of 2018. Specifically, as a resident of California, You have the right to:
Please note that we may ask you and/or your agent to provide certain information to verify your and/or your agent’s identity and authorization before fulfilling the request. The information We request will depend on your prior interactions with us.
We undertake to treat You like everyone else and not discriminate against You if You choose to exercise your rights. To submit the request to exercise your rights, You can send an email to email@example.com or contact the administrator of your account or your company’s account.
Data provided through the support portal are securely stored on our Atlassian Jira Cloud instance herocoders.atlassian.net hosted and maintained by Atlassian.
All of the data related to our Products and Apps is stored on servers with restricted access and only HeroCoders’ authorized users have access to such data, to the extent required for the performance of their job duties. All staff with access to customer data are required to sign a non-disclosure agreement and complete security and privacy awareness training. In addition, We will take reasonable precautions to prevent the loss, misuse or alteration of your Personal Data. Data transmission over the Internet is inherently insecure and we cannot guarantee the security of data sent over the Internet.
You are responsible for keeping your passwords confidential. We will not ask You for your passwords.
We assume no responsibility for the deletion of data, loss of data, the corruption of data or the failure to store data. Neither do we have any obligation to monitor the use of the data transmitted or stored through Our Services.
All data you enter into Our Services shall be owned solely by you. Although personal information, usernames, passwords and prompts exchanged through the Our Services are protected by encryption techniques, these security measures still require your responsible behavior in protecting your data. You shall assume the entire responsibility at all times for the supervision, management, control and confidentiality of your data and assume the entire risk for the fraudulent or unauthorized use of your data. You represent and warrant that you have obtained all the necessary rights, releases, authorizations and permissions to provide your data to us, to the transfer and use of your data by Herocoders. You further warrant that the transfer of your data to us does not violate any laws, third party rights, including any Intellectual Property Rights, rights of privacy, or rights of publicity, and any use, collection and disclosure of your data as authorized under this Policy is not inconsistent with the terms of any applicable privacy policies. You acknowledge and agree that Herocoders are not responsible for any deletion, corruption, failure to store or loss of any your data if such deletion, corruption, failure to store or loss is due to an act or omission by you, your employee(s), contractor(s), agent(s), any authorized user or other third party.
Cookies are small files which are stored on a user’s computer. They are designed to hold a modest amount of data specific to a particular client and website. This allows the server to deliver a page tailored to a particular user, or the page itself can contain some script which is aware of the data in the cookie and so is able to carry information from one visit to the website (or related site) to the next.
We use Google Analytics to understand how the users of our App use and engage with it.
We can place cookies on your device by default if they are strictly necessary for the use of Services. For all other types of cookies, we need your consent.
Unless you choose otherwise, we can store and process only those cookies that are necessary for the operation of our Services. If you don’t want to be tracked by other types of cookies, you can refuse to give your initial consent or opt out later.
You can check the specific types of cookies in the pop-up window shown during your first visit on the Website.
View your browser’s help pages or information on how to manage cookies at https://allaboutcookies.org.
From time to time, the Website or Services may contain links to and from other websites, advertisers, and affiliates. If You follow a link to any of these websites, please note that these websites may have their own privacy notices and that We do not accept any responsibility or liability for any such notices. Please check these notices, where available, before You submit any Personal Data to these websites.
HeroCoders’ Data Protection Officer contact information:
HeroCoders sp. z o.o.
HeroCoders may change this Policy from time to time in the future. Any such changes will be posted here and, where appropriate, notified to You in writing. We advise You to check back frequently to see any updates or changes.
This document covers security aspects of apps created by HeroCoders for Atlassian Cloud products which are available now or in the future.
It is important to understand that Atlassian Cloud apps are separate web services which are hosted by their vendors. This is a consequence of Atlassian Cloud products architecture. It means that the service and its data are maintained by the vendors.
The security of your data is extremely important to us.
We use the Atlassian Connect framework created and maintained by Atlassian to integrate our apps with Atlassian Cloud products. This provides an additional layer of security and separates our apps from sensitive data stored on the Atlassian side (such as passwords and payment details).
Overall, we employ all commercially reasonable safeguards (physical, managerial and technical) to preserve the integrity and security of your data, once it is received and stored.
No method of electronic transmission or storage is 100% secure, and we cannot ensure or warrant the absolute security of any information you transmit to us or store with our apps.
If we change our Security Statement, we will post the amendments on this page to keep you up-to-date on what information has changed. Adjustments to this Security Statement are effective from the date they are posted on this page.
If you have any questions or concerns regarding security, please send us an email message to firstname.lastname@example.org. Your security is important to us, and we will do our very best to resolve your concerns.
When creating a support request through HeroCoders’s support desk, we will respond within no more than 24 business hours from the time of your initial request. Our goals are to answer the majority of requests within the same business day.
HeroCoders will use reasonable efforts to provide support in accordance with this Service Level Agreement, and will not be responsible for any delays caused by the customer for reasons beyond HeroCoders’s control.
HeroCoders apps’ status and up-time can be monitored at http://status.herocoders.com
HeroCoders’s business hours are from 8 am to 5 pm GMT, Monday through Friday. All requests are answered within 24 business hours, excluding national holidays. We are constantly monitoring our support channels to respect the high priority of our enterprise customers and any critical issues.
You can request support through one of the following channels:
The following notations are used for showing the type of personal data used or accessed by our Apps:
U: (Users) → Access to User’s data
C: (Customers) → Access to Customer’s data
O: (Others) → Access to data of someone else or access under certain conditions
The difference between U and C: a company may have 1000 employees but introduce two specific persons as its contact persons. Access to the personal data of those 2 specific people is shown by C while access to the personal data of all 1000 employees is shown by U.
Letters in parentheses:
These categories are inclusive, so only one category must be listed in the table below (S contains P, P contains A+, and A+ contains A).
For every product, when a user contacts our customer support portal, some of their personal data is stored in our support portal:
And for each product:
The following notations are used for showing the type of personal data used or accessed by our Apps:
U: (Users) → Access to User’s data
C: (Customers) → Access to Customer’s data
O: (Others) → Access to data of someone else or access under certain conditions
The difference between U and C: a company may have 1000 employees but introduce two specific persons as its contact persons. Access to the personal data of those 2 specific people is shown by C while access to the personal data of all 1000 employees is shown by U.
This Data Processing Agreement (the “Agreement”) is attached to the Herocoders’ Terms of Service available at https://www.herocoders.com/terms (the “Master Agreement”) between HeroCoders (the “Processor”) and the party that has accepted the Master Agreement (the “Controller”).
1.1 The Parties acknowledge that, as per definitions in the Data Protection Legislation, the Controller is a controller and the Processor is a processor, unless otherwise explicitly stated in the Agreement.
1.2 Where the Agreement uses terms that are defined in the Master Agreement, the terms shall have the same meaning as in the Master Agreement.
1.3 The terms used in this Agreement have the following meaning:
1.4 Any reference to “writing” or “written” includes faxes, email and electronic messaging services.
2.1 The Controller retains control of the Personal Data and remains responsible for its compliance obligations under the applicable Data Protection Legislation, including providing any required notices and obtaining any required consent for the Processing instructions it gives to the Processor.
2.2 Subject-matter and nature of the Processing:
The performance of the services to the Controller under the Master Agreement.
The nature of the Processing activities implies the set of operations, such as collection, recording, organisation, structuring, usage, storage, erasure or destruction of data.
2.3 Duration of the Processing: the term of the Master Agreement unless otherwise agreed by the Parties.
2.4 The categories of Data Subjects (as determined and controlled by the Data Controller) may include: employees, consultants and contractors of the Controller.
2.5 The categories of Personal Data subject to the Processing may include: name, cookie identifiers, IP address, email address, username, social media profile ID/links and any other information provided by the Controller and the Data Subjects.
2.6 Security measures: as indicated in the Processor´s Security Statement.
2.7 Subprocessors involved: the list of Subprocessors are available at https://herocoders.com/terms#Subprocessors.
3.1 The Processor shall only Process the Personal Data in accordance with the Controller’s written instructions specified herein. The Processor shall not Process the Personal Data for any other purpose or in a way that does not comply with this Agreement or the Data Protection Legislation. The Processor shall promptly notify the Controller if, in the Processor’s opinion, the Controller’s instructions would not comply with the Data Protection Legislation.
3.2 The Processor shall promptly comply with any of the Controller’s requests or instructions requiring the Processor to amend, transfer, delete or otherwise Process the Personal Data, or to stop, mitigate or remedy any unauthorised Processing.
3.3 The Processor shall maintain the confidentiality of all the Personal Data and shall not disclose the Personal Data to third parties, unless the Controller or this Agreement specifically authorises the disclosure, or as required by law. If a law, court, regulator or supervisory authority requires the Processor to Process or disclose the Personal Data, the Processor shall first inform the Controller of the legal or regulatory requirement and give the Controller an opportunity to object or challenge the requirement, unless the law prohibits such notice.
3.4 The Processor shall reasonably assist the Controller with meeting the Controller’s compliance obligations under the Data Protection Legislation, taking into account the nature of the Processor’s Processing and the information available to the Processor, including in relation to the Data Subject’s rights, data protection impact assessments and reporting to and consulting with the supervisory authorities under the Data Protection Legislation.
3.5 The Processor shall promptly notify the Controller of any changes to the Data Protection Legislation that may adversely affect the Processor’s performance of the Master Agreement.
3.6 The Processor shall ensure that all its employees with access to the Personal Data:
3.7 The Processor shall take reasonable steps to ensure the reliability, integrity and trustworthiness of the employees with access to the Personal Data and conduct their background checks consistent with applicable law.
4.1 The Processor shall at all times implement appropriate technical and organisational measures against the unauthorised or unlawful Processing, access, disclosure, copying, modification, storage, reproduction, display or distribution of the Personal Data, and against accidental or unlawful loss, destruction, alteration, disclosure or damage of the Personal Data.
4.2 The Processor shall implement such measures in accordance with Article 32 GDPR to ensure a level of security appropriate to the risk involved.
4.3 The Controller hereby confirms that technical and organisational measures specified herein are sufficient and appropriate under the Data Protection Legislation and this Agreement.
5.1 The Processor shall promptly and without undue delay notify the Controller if any Personal Data is lost or destroyed, or becomes damaged, corrupted, or unusable. The Processor shall restore such Personal Data at its own expense.
5.2 The Processor shall immediately and without undue delay notify the Controller if the Processor becomes aware of:
5.3 Where the Processor becomes aware of (a) and/or (b) of Clause 5.2 hereof, the Processor shall, without undue delay, also provide the Controller with the following information:
5.4 Immediately, following any unauthorised or unlawful Processing of the Personal Data or the Personal Data Breach, the Parties shall coordinate with each other to investigate the matter. The Processor shall reasonably cooperate with the Controller in the Controller’s handling of the matter, including:
5.5 The Processor shall not inform any third party of any Personal Data Breach without first obtaining the Controller’s prior written consent, except when required to do so by law.
5.6 The Processor agrees that the Controller has the sole right to determine:
5.7 The Processor shall cover all reasonable expenses associated with the performance of the obligations under Clauses 5.2 and 5.4 hereof, unless the matter arose from the Controller’s specific instructions, negligence, wilful default or breach of this Agreement, in which case the Controller shall cover all reasonable expenses.
6.1 The Controller hereby authorises the Processor to transfer or otherwise Process the Personal Data outside the European Economic Area (the “EEA”) subject to conditions laid down in this Agreement.
6.2 The Processor may only Process, or permit the Processing of, the Personal Data outside the EEA under one of the following conditions:
6.3 If any Personal Data transfer between the Controller and the Processor requires the execution of the SCCs in order to comply with the Data Protection Legislation, the Parties shall complete all relevant details and take all other actions required to legitimise the transfer.
7.1 The Processor may not authorise a third party (subprocessor) to Process the Personal Data, unless all of the following conditions are met:
7.2 The Controller hereby gives a general authorisation to involve subprocessors to Process the Personal Data under this Agreement. In case the Processor intends to update the list of subprocessors engaged, the Processor shall inform the Controller in advance and provide the Controller with the information necessary to enable the Controller to exercise the right to object.
7.3 Where the subprocessor fails to fulfil its obligations under a such written agreement, the Processor remains fully liable to the Controller for the subprocessor’s performance of its obligations.
7.4 Where the Processor fails to fulfil its guarantees under Clause 7.1 hereof, the Processor shall indemnify all of the Controller’s arising direct and indirect damages.
8.1 The Processor shall, at no additional cost, take such technical and organisational measures as may be appropriate and promptly provide such information to the Controller, as the Controller may reasonably require, to enable the Controller to comply with:
8.2 The Processor shall notify the Controller immediately and without undue delay if the Processor receives any complaint, notice or communication that relates directly or indirectly to the Processing of the Personal Data or to either Party’s compliance with the Data Protection Legislation.
8.3 The Processor shall notify the Controller immediately and without undue delay when the Processor receives a request from a Data Subject for access to their Personal Data or to exercise any of their related rights under the Data Protection Legislation.
8.4 The Processor shall provide the Controller with the Processor’s full cooperation and assistance in responding to any complaint, notice, communication or the Data Subject’s request in connection with the Personal Data Processed.
8.5 The Processor shall not disclose the Personal Data to any Data Subject or to a third party other than at the Controller’s request or instructions, as provided for in this Agreement or as required by law.
This Agreement shall remain in full force and effect so long as:
10.1 Without prejudice to any provisions of the GDPR and/or the Regulation (EU) 2018/1725, in the event that the Processor is in breach of its obligations under this Agreement, the Controller may instruct the Processor to suspend the Processing of the Personal Data until the Processor complies with its obligations under this Agreement or the Agreement is terminated.
10.2 The Controller shall be entitled to terminate the Agreement if:
10.3 The Processor shall be entitled to terminate the Agreement where, after having informed the Controller that the Controller’s instructions infringe applicable legal requirements in accordance with Clause 3.1 hereof, the Controller insists on compliance with the instructions.
10.4 Any provision of this Agreement, which expressly or by implication should come into or continue in force on or after termination of the Master Agreement in order to protect the Personal Data, shall remain in full force and effect.
10.5 If a change in any Data Protection Legislation prevents either Party from fulfilling all or part of its Master Agreement obligations, the Parties shall suspend the Processing of the Personal Data until that Processing complies with the new requirements. If the Parties are unable to bring the Processing of the Personal Data into compliance with the Data Protection Legislation within 2 (two) months, a Party may terminate the Master Agreement on written notice to the other Party.
11.1 At the Controller’s request, the Processor shall give the Controller a copy of or access to all or part of the Controller’s Personal Data in the Processor’s possession or control in the format and on the media reasonably specified by the Controller.
11.2 Upon termination of the Master Agreement for any reason or expiry of its term, the Processor shall securely delete or destroy or, if directed in writing by the Controller, return and not retain all or any Personal Data related to this Agreement in the Processor’s possession or control.
11.3 If any law, regulation or governmental or regulatory body requires the Processor to retain any documents or materials that the Processor would otherwise be required to return or destroy, the Processor shall notify the Controller in writing of that retention requirement, giving details of the documents or materials that the Processor shall retain, the legal basis for retention, and establishing a specific timeline for destruction once the retention requirement ends.
11.4 Upon the request from the Controller, the Processor shall certify in writing that the Processor has destroyed the Personal Data.
12. 1 If the Controller is required to show its compliance with the Data Protection Legislation, or the Controller reasonably believes that a Personal Data Breach occurred or is occurring, or the Processor is in breach of any of its obligations under this Agreement or any Data Protection Legislation, the Processor shall permit an assigned and eligible third-party representative of the Controller to audit the Processor’s compliance with its obligations under this Agreement on at least 15 (fifteen) days’ notice during the Term. The Processor shall give the third-party representative of the Controller all necessary assistance reasonably required to conduct such audits. The assistance may include, but is not limited to:
12.2 If a Personal Data Breach occurred or is occurring, or the Processor becomes aware of a breach of any of its obligations under this Agreement or any Data Protection Legislation, the Processor shall:
12.3 The Processor shall promptly address any exceptions noted in the audit reports with the development and implementation of a corrective action plan by the Processor’s management.
12.4 The Controller shall cover all reasonable expenses incurred by the Processor in connection with performing its obligations under Clause 12.1 hereof.
This Agreement shall be governed by, construed and interpreted in accordance with the laws of Poland.