Teamhood Terms of Use 

The terms for using your Teamhood licence. 

Terms of use

(A) Eylean UAB has developed computer software and published in the website teamhood.com;

(B) The CLIENT wishes to implement and use in his own business the software, developed by Eylean, and Eylean is willing to grant such rights to the CLIENT.

NOW, THEREFORE, the CLIENT agree as follows:

Shape

TERMS AND DEFINITIONS 

Terms below shall have the following meanings: 

1. “Eylean” means Eylean UAB a company duly organized under the law of Lithuania, registered in Lithuania, having its registered address in Fabijoniskiu str. 3B-118, Vilnius, Lithuania VAT number LT100012373215.
2. “Eylean Marks” means the names, trademarks, trade names, drawings, logos and symbols which Eylean uses to promote and identify the website, Software and any incorporated and derivative products which may be disclosed to the Client.
3. “Eylean Products” means the Software and other products of Eylean together with any products that are hereafter designed, developed or marketed by Eylean.
4. “Client” means any legal entity or natural person, which uses the website and/or the Software.
5. “License” means the Software license granted to the Client by Eylean pursuant to these Terms of use.
6. “Terms of use” means these Terms of Use of the Software by the Client. These Terms of Use are considered as a contract between Eylean and the Client. By any act of use of the website or the Software the Client declares to have accepted these Terms of Use. If Eylean and the Client have signed a License Agreement in writing, the Agreement shall prevail upon these Terms of Use.
7. “Party” means either Eylean or the Client.
8. “Parties” means both Eylean and the Client.
9. “Term” means the term set forth in these Terms of use.
10. “SaaS model” means a software licensing and delivery model in which software is licensed on a subscription basis and is centrally hosted by Eylean. The Software is accessed by Clients via a web browser.
11. “Software” means computer software (Teamhood SaaS), developed by Eylean, and Eylean visualized in the website www.teamhood.com.
12. “Third parties” means any other persons, organizations and authorities, besides Eylean and the Client.
13. “Website” means the web-based site www.teamhood.com.

Shape

SCOPE OF LICENSE 

1. Software description
Eylean provides a SaaS (Software as a Service) web-based application which by functionality implements a visual method for tasks management called KANBAN. The application supports accounts management with role-based permissions, creation of tasks, processing business rules, charts and reports functionality, project based structure, email notifications. The application runs in Azure cloud services. Technologies that have been used include HTML, CSS, JavaScript, AJAX, Json, MS SQL, .NET Core, Docker, Kubernetes.
2. License Grant
During the Term Eylean hereby grants to the Client a nonexclusive, non-transferable right to use the Software for the Client’s own internal business purposes based on a SaaS licensing and delivery model.
Eylean grants the right to use the Software, only under the terms and conditions, set forth in these Terms of use. By using the website and the Software the Client declares to have accepted and obliges to comply with the Terms of use.
3. Restrictions
3.1. The Client shall have no right to:
a. Use the Software in any other manner except explicitly stipulated in these Terms of use;
b. Copy and install the Software in his own computer network or on other hardware;
c. Market, resell or sublicense the Software or any parts of it, unless otherwise agreed between the Parties in writing;
d. Reproduce, distribute, transmit or publish Software’s functionality, specific information, process patterns and other valuable information, either with or without valuable consideration, in any form, format or method, including without limitation, by posting on the Internet;
e. Disclose to third parties or use in any other way, besides designated in these Terms of use, the Software, its parts, components and functionality principles;
f. Reproduce, copy and incorporate information/source code from the Software in other Software products or Software;
g. Otherwise offer the Software as part of a product or service for any commercial use or purpose, either with or without valuable consideration, unless otherwise agreed between the Parties in writing;
h. Require any delivery, installation or use of the Software on premises of the Client.
3.2. In any case of use, not explicitly granted to the Client in these terms of Use, regardless of the scope, term and conditions of the use, the Client shall owe Eylean a default payment to the amount of USD 20 000, together with a compensation to the amount of two times the consideration, received by the Client from any third parties in relation with the misuse of the Software.
4. Ownership
a. Eylean owns the Software, the functionality, model patterns and all intellectual property rights embodied therein.
b. Eylean retains all rights to use the Software and grants those rights to third parties at its own free will and its sole and absolute discretion.
c. The Client acknowledges that Eylean owns or holds a license to use and sublicense various pre-existing development tools, routines, subroutines and other Software, data, materials and background technology that Eylean may include in the Software.
d. Eylean owns all IP rights on the website, its domain, its content, source code graphic and other elements.
e. With respect to user content, the data the Client enters (User Content) into or uses in connection with the Software is solely the property of the Client. Eylean and its successors, assigns, and third party service providers have no ownership interest in and have no license to use, reproduce, modify, own, create derivative works from, sublicense, distribute, publicly display, publicly perform, or otherwise exploit or use any such content provided by the Client or third parties to the Client.
5. Limitations
a. The Software is licensed, not sold, to the Client. The Client acknowledges that Eylean retains the entire right, title and interest in and to the Software and all associated intellectual property rights (including, without limitation, all copyrights) related to any item of the Software which Eylean provides to the Client. No title to or ownership of the Software, or any proprietary rights related to the Software, is transferred under or by virtue of these Terms of Use.
b. Where the Client provides the Software to its employees, the Client understands and will ensure that its employees and any third parties understand that the Software is provided for the Term only.
c. The Client shall not itself, or permit others to, download, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code of the Software, remove, obscure, or alter any copyright, trade secret, trademark, patent or other proprietary rights notice affixed to or displayed on the website or in the Software. These limitations shall be applicable for the website, the Software, as well as for any third-party software, which may be integrated in the website or the Software.
d. The Client will use best efforts to advise Eylean on a timely basis, if the Client becomes aware of any unauthorized copying of the Software by its employees or any third party of the Client that is provided access to the Software by the Client and will use its best efforts to cooperate with Eylean to resolve the matter.
6. Term
a. The license shall be granted for an unlimited term.
b. The license shall be valid only until the Client pays in time the fees due and complies fully with these Terms of use and the other instructions and requirements of Eylean, given via the Software, the website or in some other way.
c. After the expiration of the Term, the Client shall have none of the rights, granted with these Terms of Use.
d. After the expiration of the Term, the Software may no longer be functional and the Client shall have no right to claim any damages or any other compensation in relation with the termination of Software functionality.
e. In case of unauthorized use of the Software by the Client after Eylean has terminated Client’s access to the Software, regardless of the scope, term and conditions of the use, the Client shall pay Eylean compensation to the amount of three times the annual fee for use, but no less than USD 20 000, regardless of any liability limitations, set in these Terms of Use.
7. Territory
a. The Client shall be entitled to access the Software from everywhere.

Shape

CLIENT OBLIGATIONS 

1. The Client shall be responsible for the content, entered when using the Software, as well as for the activity performed through it. The Client is obliged not to use the Software or the website in any manner that would violate the law or the rights of third parties. 
2. The Client shall at all times comply with all applicable laws and regulations for the use of the Software and shall indemnify Eylean for any damages resulting from illegal practices that are executed in connection with or within the Software by any employee or agent of the Client. 
3. The Client shall refrain from using or from claiming any rights in or to the names “Eylean”, “Teamhood“ or any other registered or unregistered trademark or trade name of BMAP for any purpose 
4. The Client is obliged: 
4.1. Not to fill, download, store, distribute, use, transmit or provide links to information, data, text, files, software, photo, video or audio materials, messages, as well as any other materials and content: 
4.1.1 that are contrary to the law or violate the rights and freedom of man under the applicable Lithuanian and international acts, the EU law, the law of the country from which the Client is or the country from where he/she is offering the goods/services; 
4.1.2 that are propagating discrimination, fascist, racist or other antidemocratic ideology; 
4.1.3 that harm the reputation of others and call for violent change of the constitutionally established order, for committing a crime, for violence or incitement of racial, national, ethnic or religious hatred; 
4.1.4 that violate material or moral rights of any third party, including copyright and their related rights; 
4.1.5 that contain pornography, sexual violence, as well as links to websites with such content; 
4.1.6 that contain computer viruses or other malicious code or software; 
4.1.7 misleading and false sites for fraudulent purposes and illegally acquisition of information. 
4.2 To comply with the applicable international law, EU law and the law of the country from which the Client is or the country from where he/she is offering the goods/services, these Terms of Use, the instructions on the Web-site and any additional instructions from Eylean, these Term of use and the rules of morality and good manners; 
4.3 Not to interfere in the proper operation of the Software and the Web-site, including, but not only, to not hinder the access of third parties, to not make non-granted access, not to impair or hinder availability, reliability or quality of the Software to other users, etc.; 
4.4 Not to use the Software for any activity without granted authorization/registration for this activity. 
4.5 To notify immediately Eylean for every known case of violation done or found when using the Software, including employees of the Client or third parties; 
5. The Client provides at its own expense the required computer equipment, operating systems, software and Internet access to use the Software. 
6. When the Client has provided access to the Software to third parties for using and controlling it, the Client shall be responsible for the actions of these third parties as his own. The Client is responsible for the confidentiality of his data for access to his profiles (username and password) and accepts full responsibility for activities/actions performed via his profile. 

Shape

Eylean OBLIGATIONS 

1. If given remote access to the Client’s local computer network, Eylean shall not use, for its own benefit or for the benefit of third parties, any data entered in the Software database by the Client, its employees or any third parties. 
2. Eylean shall not be responsible for the activity, which is performed by the Client through the Software and the Website, as well as the content of correspondence and communication, which is led through them. 

Shape

LICENSE AND SERVICE FEES 

1. Fees 
a. In full and complete consideration of the granted license and services hereunder, the Client shall pay to Eylean the fees set forth in the website. 
b. All fees are set without VAT. VAT shall be included if applicable. 
c. The fee includes: 
c.i. Initial Software user license according to selected fee plan; 
c.ii. Software updates for the period of the Term according to a schedule, approved and applied by Eylean. 
d. Amount of fees are valid for the respective billing cycle. Eylean has the right to increase or decrease the amount of fees at its own discretion. In case that Eylean decides to raise the amount of fees, Eylean shall do that after the expiry of all use terms, prepaid by the Client. After the expiry of the prepaid periods the Client shall have the option to continue using the Software at the new fee rates or to cease using the Software. 
e. Fees shall be paid via bank transfer or with a credit card, according to the instructions in the website. 
2. Interest 
a. Any amount not paid when due will be subject to finance charges at the rate of one half percent (0.5%) per day of delay from the date due until the date paid. 
b. Payment of such finance charges will not excuse or cure the Client’s breach or default for late payment. 
3. The Client has the right to use the Software only until the fees are being paid properly and on time and the Client complies with its obligations. 

Shape

WARRANTIES, COMPATIBILITY, REMEDIES, EXCLUSIONS 

1. Eylean provides the Software as a service. The Client understands that it is the intent of Eylean to provide Software which is compatible with the current releases of operating systems and browsers on which the Software runs, as advised in these Terms of Use, on the website and/or additionally specified by Eylean; however, Eylean hereby disclaims and excludes any representations or warranties that the Software is compatible with any operating system, computer platform or browsers which the Client may choose to use, except for those expressly advised by Eylean. Eylean further disclaims any warranty that the Software, including any future correction, modification, update, enhancement, new version or new release of the Software, will be made compatible with new releases of an operating system, computer platforms and browsers within a specified amount of time, or at all. 
2. The Client understands that the Software cannot and shall not be used in the event that (a) the Software is not properly used or configured due to some action, failure or limitation caused by the Client, its employees of the Client or third parties; (b) the Software has been subjected to illegal use by the Client, or the hardware upon which the Software is accessed is inoperable due to a failure of electric power, lack of internet connection or faulty environmental controls not within the control of Eylean; or (c) any person other than an authorized Eylean representative modifies the Software. 
3. Any set up or support actions may be performed only by Eylean. 
4. THE WARRANTIES SET FORTH IN THIS SECTION ARE THE ONLY WARRANTIES MADE BY EYLEAN WITH RESPECT TO THE SOFTWARE, DOCUMENTATION AND ANY OTHER ITEMS OR SERVICES FURNISHED BY EYLEAN UNDER THESE TERMS OF USE. EYLEAN EXPRESSLY DISCLAIMS AND EXCLUDES AND THE CLIENT HEREBY WAIVES ALL OTHER WARRANTIES, OBLIGATIONS, LIABILITIES OF EYLEAN AND RIGHTS AND REMEDIES OF THE CLIENT, EXPRESS OR IMPLIED, ORAL OR WRITTEN, ARISING BY LAW OR OTHERWISE REGARDING ANY OF THE FOREGOING INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EYLEAN DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET THE CLIENT’S REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. 
5. Limitation of Liability 
In any case the direct damages for either party are limited to the total amount of fees paid for subscription license for the current year. Neither Eylean, nor the Client shall be liable to each other for any indirect, consequential, incidental, special (including multiple or punitive) or other indirect damages that are claimed to be incurred by the other Party whether such claim arises under contract, tort, (including strict liability), lost profits, lost data, business interruption, loss of business reputation or goodwill, even if the party has been advised of the possibility of such damages or any other theory of law. In any case Eylean shall not be liable for any damages of any sort, if such damages result from actions or omissions of third parties, which are not under the control of Eylean. 
6. Eylean shall not be liable for: 
a. Destruction or loss of data owned by the Client for reasons beyond the control of Eylean; 
b. Inability of the Customer to use the Software, due to reasons beyond the control of Eylean; 
c. Claims made by third parties against the Client in regard with the use of the Software be the Client; 
d. Loss of data, damages or future earnings due to untimely payment for the Software by the Client; 
e. If the Client cannot get access due to problems beyond the control of Eylean (hardware problem, software problem, a problem with Internet connectivity, etc.). 
7. Eylean shall not be obliged to monitor the information, which the Client stores, or to check, if it complies with current legislation, violates the rights of third parties or the regulations of these Terms of Use. 
8. Eylean shall not be responsible for stored, distributed, used, transmitted information, data, text, files, software, photo materials, video materials, audio materials, messages, links, references and any other materials and content, stored by the Client or any of its employees, as well as for the activity of the Client or any of its employees, performed with the Software. 
9. Eylean shall not be responsible for any damages or loss of profits by the Client as a consequence of the termination, suspension, modification or limitation of the Software or the Services, as well as for removal of materials or content in cases that the Client has failed to fulfil its obligations. 
10. Eylean shall not be responsible for not providing services in case of non-payment of sums due within the relevant deadline by the Client, in case of non-adherence to the guidelines and the technological requirements for use of the Software, in case of improper handling of the Software, as well as a result of tests performed by BMAP to check the Software, connections, networks, etc., as well as tests aimed at improving or optimizing the Software. 
11. Eylean may include in the provided services other services, provided by third parties. The provider can’t be and is not responsible for the quality of the services provided by third parties and is not responsible for any damage to the Client due to problems with the services from these third parties. 
12. Eylean has the right, without being liable for any damages or future earnings, to suspend or terminate Clients access to the Software in case that the Client uses it for violation of laws, violation of rights of third parties or of these Terms of Use. 

Shape

PERSONAL DATA PROTECTION 

1. Eylean is a legitimate administrator of personal data, duly registered under the Lithuania Law on Protection of Personal Data. Eylean is therefore obliged to exercise reasonable care to protect the personal data of the Client and not to distribute, sell or provide to third parties the personal data of the Client, unless sharing data is required for the execution of these Terms of use, by a competent authority or required by law. 
2. The Client understands and accepts that the Software collects some personal data from its users. The personal data collected and the purposes for collection, use and transfer of personal data, is described in the Privacy Policy document, published on the Website kanbanize.com, as it may change from time to time, depending on the scope of services, provided by Eylean. 
3. The Client confirms to have provided voluntarily to Eylean any personal data, connected to the signing and the execution of these Terms of use, and gives the permission to Eylean for collecting, processing and storage of personal data, as well as transfer of this data, when this is necessary for providing the services by Eylean or when it is demanded by applicable law. 
4. The Client shall be responsible for entering somebody else’s personal data without due authorization. 
5. The Client shall be obliged to obtain the explicit agreement of all third parties, whose personal data is entered by the Client or in any way affected by the use of the Software by the Client, for gathering, processing and storage of their personal data (if any) and to perform the necessary registrations and other activities, in order to legally collect, process, and store such data (if such are required by law). The Client is responsible for the way he collects, processes and stores the personal data of third parties, as well as for the consents and permissions the Client gives on behalf of third parties. 
6. The content, which the Client enters into Teamhood.com, including Private User Content, is property of the Client and his sole responsibility. 
7. The Client agrees that Eylean may collect email addresses for authentication purposes and add them to Eylean mailing list to send updates about new releases and developments through Eylean newsletters. If at any time the Client or any of its employees would like to unsubscribe from receiving future emails, he or she must follow the instructions on how to unsubscribe at the bottom of Eylean emails. 
8. The Client agrees that Eylean may monitor and analyse cumulative, not individual behaviour via the website. Eylean may then use the cumulative data to improve the website, the Software and the overall Eylean customer service. 
9. The Client agrees that Eylean may use Cookies on the Website and collects information about the preferences and interests of the visitors and to analyse cumulative data about the people browsing the Website. 
10. Although Eylean will take all reasonable precautions to keep personal data safe and secure, Eylean shall not be liable for extraneous circumstances such as theft, communication errors or tampering. 
11. The Client agrees that Eylean will be free to change and integrate any services in the Software, including services provided by third parties. If such change or integration demands transfer of personal data to third parties, Eylean shall notify the administrator of the Client’s account (who shall be appointed and authorized by the Client) by showing a message within the Software. The administrator shall be given the opportunity to accept or deny the new service/functionality of the Software, as well as the transfer of personal data, if required. If the administrator accepts the new service/functionality and gives his/her consent for the transfer, it shall be considered that the Client has given his consent for the transfer on behalf of all third parties, whose personal data is affected. Personal data shall be then transferred only after and if Eylean has received the consent of the Client through his account administrator as described above. The consent of the Client shall be valid for all personal data, entered by the Client in the Software, including personal data of third parties. It shall be the Client’s responsibility to acquire the consent of such third parties on the transfer. The Client acknowledges that Eylean does not control the content, entered by the Client and has no contact with any third parties, whose personal data the Client may enter in the software. If the third party is not situated in the EU, the rules for personal data transfer shall also apply. If the Client objects to such transfer, the Client shall not be able to use those new/integrated services/functionalities. 
12. Even if the Client has not objected initially to the transfer, the Client may at all times inform in writing Eylean that he/she does not want his personal data to be transferred any more to third parties in case of new service integration and Eylean shall not transfer in the future such data after the date on which Eylean has received the communication from the Client. However, if the Client has initially accepted such transfer and has not later on informed Eylean in writing about his/her objection, it shall be considered that the Client has given his consent for data transfers until the date of the objection. If the Client objects to such transfer, the Client shall not be able to use those new/integrated services/functionalities anymore. 

Shape

PROPRIETARY RIGHTS 

1. The entire content on the website, including all published texts, images, photographs, videos, articles, program code are copyrighted. They belong to Eylean. The Client should not copy, store, process, publish, distribute in initial or processed form, or use in any other way texts, images, or other items contained within the website. The Client is not entitled to access the source code of the Software and the website and has no right to copy or modify it in any way. Any attempt by the Client for accessing, copying or changing the program code of the platform is considered as a violation of these Terms of Use and the rights of Eylean. The Client shall ensure the agreement of its employees to respect copyrights and other intellectual property rights of Eylean. 
2. The Client shall be only entitled to use the Software, as long as the Client pays monthly or annual subscription or until the termination of the service by Eylean subject to these Terms of Use. 
3. Eylean retains the rights to the Software and the website, including the rights to market, license, make, reproduce, use, distribute and otherwise deal with the Software and the Web-site. 
4. Eylean retains title to and ownership of the Software and all associated patent, copyright, trademark, trade secret and other intellectual property and proprietary rights and no title to or ownership of any or all of the same is transferred to the Client under these Terms of Use. 
5. Nothing in these Terms of use shall grant, or shall be construed as granting to the Client any rights (except for the Software license, specifically granted under the Terms of use) or legal interest in any patents, copyrights, trade secrets, technical data, know-how, logos, trademarks, trade names, Eylean Marks or other proprietary rights owned, used or claimed, now or in the future, by Eylean or any subsidiary or affiliate companies. Eylean reserves all such rights but grants to the Client a nonexclusive right during the Term to use the Software solely in accordance with such usage guidelines and product quality and other standards issued from time to time by Eylean, provided that Eylean‘s ownership is acknowledged. 
6. The Client shall obtain Eylean’s prior written consent to using any Eylean Mark in any advertising and promotional material it generates. 
7. The Client shall not alter, remove, deface or obscure any notice of Eylean Mark, patent, copyright, proprietary right or trade secret on the Software and shall not add to the Software and Documentation any other trademark. Any goodwill arising out of the Client’s use of any of the Eylean Marks hereunder will inure solely to the benefit of Eylean. 
8. Eylean may give directions concerning the use of Eylean´s trademarks, trade names and other symbols and the Client undertakes to follow such directions at all times. The Client’s right to use Eylean’s trademarks, trade names and other symbols, if granted by Eylean, will cease immediately upon the expiration or termination, for any reason, of the use of the Software. 
9. The Client shall give a written notice to Eylean of any knowledge that may come to the Client concerning infringement of the trademarks or any other industrial and/or intellectual property rights of Eylean that comes into the Client’s attention. In the event of any such infringement Eylean may prosecute any action necessary to terminate such infringement. 

Shape

TERMINATION 

1. Termination conditions 
a. Either Party may terminate the use of the Software at any time without cause upon fourteen (14) days’ prior written notice to the other Party. 
b. If the Client fails to properly perform any of the obligations set forth in the Terms of Use, Eylean may terminate the use of the Software immediately upon written notice to the Client. 
c. Either Party may terminate the use of the Software immediately upon notice if the other Party is or becomes insolvent, or files or suffers the filing against it of any petition in bankruptcy or other law for the protection of debtors. 
2. Effect of Termination 
Upon expiration or termination of the Term, all rights and obligations of the parties shall cease, except that the Client shall not be relieved of its obligations to pay Eylean any money due or to become due as of the date of expiration or termination. 
3. Termination of use of the Software will immediately terminate the rights of the Client to use the Software after such termination. 
4. Upon termination all of the following shall apply: 
a. The Client shall immediately cease use of the Software. 
b. All amounts payable or accrued to Eylean shall become immediately due and payable. 
c. In the event that the use of the Software is terminated by Eylean without cause prior to the expiration of the Term, the total Fees paid by the Client will be prorated for the remaining months of the Term and the prorated amount shall be refunded to the Client. No refund shall be due, if Eylean has terminated the use of the Software due to a failure of the Client to properly perform any of the obligations set forth in the Terms of Use or if the Client has terminated the use of the Software without cause. 
5. Acknowledgement 
Any expiration or termination will be final and absolute. The Client waives any right, either express or implied by applicable law or otherwise, to renew the use of the Software, unless agreed to in writing by both Parties hereto, or for any damages or compensation directly related to any expiration or termination of the use of the Software. 

Shape

FORCE MAJEURE 

1. Neither Party shall be liable to the other for any delay or non – performance of its obligations hereunder in the event and to the extent that such delay or non – performance is due to an event of Force Majeure.Events of Force Majeure are events beyond the control of the Party which occur after the date of accepting these Terms of use by the Client and which were not reasonably foreseeable at the time of accepting the Terms of use by the Client and whose effects are not capable of being overcome without unreasonable expense and / or loss of time to the Party concerned.Events of Force Majeure will include(without being limited to) war, civil unrest, strikes, lockouts and other general labour disputes, acts of government, natural disasters, exceptional weather conditions, breakdown or general unavailability of transport facilities, accidents, fire, explosions and general shortages of energy. 
2. If either Party is affected by Force Majeure it will as soon as reasonably practical notify the other Party in writing, and take all reasonable steps to mitigate the effect of the Force Majeure.If an event of Force Majeure results in delay or non – performance of a Party for a period of three(3) months or longer, then either Party shall have the right to terminate the use of the Software with immediate effect without liability towards the other Party. 

Shape

CONFIDENTIALITY 

1. Neither Party shall disclose to third parties nor use for any purpose other than for the proper fulfilment of its obligations any technical, financial or commercial information (“Confidential Information”) received from the other Party in whatever form under or in connection with the use of the Software without the prior express written permission of the disclosing Party. 
2. The above obligations shall not apply to Confidential Information which: 
a. was required by a competent authority or should be provided by the virtue of the law; 
b. was in the possession of the receiving Party prior to disclosure hereunder; 
c. was in the public domain at the time of disclosure or becomes part of the public domain without breach of the confidentiality obligations herein contained; 
d. was disclosed by a third party without breach of any obligation of confidentiality owed to the disclosing Party; or 
e. was independently developed by personnel of the receiving Party having no access to the Confidential Information. 
3. The provisions of this Clause shall bind the parties for a period of three (3) years from the date of disclosure of any item of the Confidential Information regardless of any earlier termination, expiry or fulfilment of the use of the Software. 
4. The Client shall be obliged to provide confidentiality in respect of the Software’s source code and all its elements, methods of operation and functionality without any limitation in time and regardless of any termination of the use of the Software. 
5. The Client shall at all times protect and preserve the confidentiality of all proprietary technology, software, engineering data, schematics, and product designs, and all non-public business, financial, or marketing plans or information. No reproduction, use or disclosure of any such information shall be permitted without the prior written consent of Eylean in each instance. 
6. The Client shall further assure that its personnel comply fully with such obligations of confidentiality. 

Shape

ACKNOWLEDGEMENTS 

1. The Client hereby acknowledges that they understand and accept the terms and conditions of each of the covenants set out in these Terms of Use and has entered into the same voluntarily and with full knowledge of the effect of such provisions and agree that the same are reasonable and shall be binding upon him in all circumstances. 

Shape

NON-CONTRAVENTION 

1. The Client declares that use of the Software by him does not and will not violate any law, order, judgment or decree. 

Shape

REPRESENTATIONS 

1. The Client represents and warrants to Eylean that he has the necessary capacity to accept and fulfill these Terms of use and to perform each and every one of the obligations assumed by virtue of the same, in such a way that the obligations arising from the Terms of use and of any other in the execution of the same are valid and binding for the Client and enforceable against the same.

Shape

NOTICES 

1. All notices in connection with these Terms of use will be in writing and may be delivered by courier or e-mail addressed to the other Party at its address set forth below, or to such other address as it will designate by like notice to the other Party. Notices, sent via email, shall be considered delivered, if the addressee has answered to the notice or has acknowledged its receiving. The effective date of any such notice will be the date on which it is received by the addressee. a. Notices to Eylean: Address: Fabijoniskiu str. 3B-118, Vilnius, Lithuania or Email address: info@eylean.com b. Notices to the Client: as indicated in the registration form of the Client. 

Shape

ASSIGNMENT 

1. The Client shall not assign or transfer the use of the Software or any interest or right hereunder, or subcontract or delegate the performance of any of its obligations hereunder to any third party, without the prior written consent of Eylean, which consent may be withheld in Eylean’s sole discretion. 

Shape

MODIFICATIONS 

1. These Terms of Use may be amended from time to time by Eylean. Eylean shall notify the Client for the amendments in the Terms of use. 

Shape

SEVERABILITY 

1. Whenever possible each provision of these Terms of Use shall be interpreted in such manner as to be effective and valid under applicable law. 
2. If any portion of these Terms of Use is specifically determined by a court of competent jurisdiction to be invalid or unenforceable, such provision, to the extent that it shall be invalid or unenforceable, shall be considered separate and severable from the Terms of Use and any portion of such document or provision to the extent that it shall not be invalid or unenforceable shall not be affected and shall be valid and may be enforced to the full extent permitted by law. 

Shape

INDEPENDENT CONTRACTOR 

1. The Client is an independent contractor and not an agent, employee, franchisee or partner of Eylean. 
2. The Client does not have any authority to, and will not, create or assume any obligation, express or implied, on behalf of Eylean. 
3. Nothing contained in the Terms of use is intended to create, or does create, a joint venture or partnership or any other relationship between the Parties hereto other than the relationship of independent contractor between the Parties. 

Shape

DISPUTE SETTLEMENT AND APPLICABLE LAW 

1. All unsettled matters and disputes shall be governed and settled by the laws of Republic of Lithuania. 
2. The Parties shall attempt to resolve any dispute arising out of or in connection with these Terms of use amicably, by mutual agreement. Any dispute, controversy or claim will be finally settled by arbitration at the Arbitration court of the Lithuanian chamber of commerce and industry in Lithuania according to its Rules of arbitration. The language of proceedings will be Lithuanian. 

Shape

LANGUAGE 

  1. All documents to be furnished or communications to be given or made under these Terms of use will be in English or, if in another language, be accompanied by a certified translation into English which translation will be the governing version between the parties. 
Shape

HEADINGS 

1. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section or in any way affect these Terms of Use.

Teamhood is a hyper visual project and team management solution that helps companies to streamline business processes and deliver results faster. Teamhood is designed for professional teams seeking efficiency at work and full empowerment of their talents. Teamhood provides workspaces, customized boards with fine-tuned time tracking, collaboration functionalities as well as visual agile metrics reporting.
Teamhood is developed by Eylean, a project management software company since 2011. Eylean products are valued by its numerous customers globally such as Mercedes AG, Festool, Johnson&Johnson, Rabobank and others.

© 2020 Teamhood ® by Eylean. All rights reserved. We use cookies on our website.

Teamhood uses cookies to improve your experience, personalize content and ads, to provide social media features and to analyze our website‘s traffic. By agreeing you accept the use of Cookies in accordance with our Cookie Policy.