End User License Agreement (EULA)
Effective Date: 08 August 2025
Licensor / Developer:
Michał Sztuka (Appfero)
ul. Nadwarciańska 50, 98-324 Toporów, Poland
VAT ID (NIP): PL8322083763
Contact: support@appfero.com
Merchant of Record (payments/invoicing/refunds):
Paddle.com Market Limited, 70 Wilson Street, London, EC2A 2DB, United Kingdom
1. Definitions
- Developer means the Licensor identified above.
- JetBrains means JetBrains s.r.o., Na Hřebenech II 1718/10, Prague, 14000, Czech Republic.
- JetBrains Affiliate means any subsidiary and/or associated company of JetBrains.
- JetBrains Marketplace means any platform operated by JetBrains or a JetBrains Affiliate on which JetBrains or a JetBrains Affiliate markets plugins for JetBrains Products, including the website https://plugins.jetbrains.com.
- JetBrains Product means any software program or service made available by JetBrains (e.g., YouTrack).
- Plugin means the “Planning Poker for YouTrack” plugin made available under this EULA, including its updates (if any) and documentation.
- Plugin Information means the Plugin title, tags, description, icon, logo, banner images, and other metadata provided for distribution via JetBrains Marketplace.
- Moderator means a user who can create, host, control, or close planning sessions, and whose role grants them elevated capabilities in the Plugin.
- Participant means a non-Moderator user who joins or votes in sessions without Moderator capabilities. Participants are unlimited and do not require a paid seat.
- Assigned Seat(s) means the Moderator seats that are assigned to specific user accounts at any given time for Your instance; concurrent usage limits do not apply.
- Licensed Metric means the number of Assigned Seats (Moderators) purchased for a given YouTrack instance (or other supported deployment).
- You means an individual or entity concluding this EULA.
2. Grant of License
2.1 License
Subject to this EULA and timely payment of fees, the Developer grants You a limited, worldwide, non-exclusive, non-transferable, revocable license to install and use the Plugin with JetBrains Products for up to the number of Assigned Seats included in Your purchased license.
2.2 Scope
Use must comply with the documentation provided by the Developer. You may make a reasonable number of backup copies solely for archival purposes.
2.3 License Controls
You must not exceed the Licensed Metric. You may reassign Assigned Seats among Your users, provided that the number of Assigned Seats at any time never exceeds the quantity You purchased.
3. Restrictions
You may not (and may not permit others to):
a) modify, reverse-engineer, decompile, disassemble, or create derivative works from the Plugin, except to the extent permitted by applicable law that cannot be contractually waived;
b) sublicense, rent, lease, lend, or provide the Plugin to third parties beyond the scope of the purchased license;
c) remove or alter proprietary notices or marks;
d) circumvent, disable, or interfere with any license management or security mechanisms;
e) use the Plugin in violation of applicable law or to develop a competing product;
f) use the Plugin in safety‑critical or high‑risk environments (including life support, emergency services, or systems where failure could lead to death, personal injury, or severe environmental/economic damage).
4. Ownership
The Plugin is protected by copyright and other intellectual property laws. Except for the limited license expressly granted, all rights, title, and interest in and to the Plugin remain with the Developer. No ownership rights are transferred.
5. Disclaimer of Warranty
THE PLUGIN IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DEVELOPER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE DEVELOPER DOES NOT WARRANT THAT THE PLUGIN WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE DEVELOPER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THIS EULA OR THE USE OF (OR INABILITY TO USE) THE PLUGIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DIRECT DAMAGES (IF ANY) ARE LIMITED TO THE TOTAL FEES PAID BY YOU FOR THE PLUGIN IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. The foregoing caps do not limit liability for fraud, willful misconduct, gross negligence, or personal injury where such limitation is prohibited by law.
JetBrains is not a party to this EULA and has no liability arising out of it.
7. Term and Termination
7.1 Term
This EULA remains in effect while You have a valid license (e.g., active subscription) and comply with its terms.
7.2 Termination for Breach
This EULA terminates automatically upon any breach of Sections 3 (Restrictions) or 4 (Ownership), including infringement or prohibited use.
7.3 Effects of Termination
Upon termination, Your license ceases immediately and You must stop using and uninstall the Plugin and destroy all copies. No refunds are provided for terminations due to breach, unless required by law. Sections that by their nature should survive (e.g., 4–6, 7.3, 9–13) shall survive termination.
8. Consumer Right of Withdrawal (EEA/UK)
If You are a consumer, You generally have a 14‑day right of withdrawal. By requesting or accessing the Plugin immediately after purchase, You expressly consent to immediate performance and acknowledge that You lose the right of withdrawal once performance begins. Refunds and withdrawals (where applicable) are handled by Paddle as Merchant of Record in accordance with applicable law.
9. Force Majeure and Third‑Party Dependencies
The Developer is not responsible for delays, failures, or unavailability caused by events beyond its reasonable control, including without limitation: acts of God, internet or hosting outages, government actions, labor disputes, and outages or limitations of JetBrains services (including YouTrack) or Paddle’s services, as well as other third‑party infrastructure (e.g., hosting/CDN).
10. Governing Law and Jurisdiction
This EULA is governed by the laws of Poland, without regard to conflict‑of‑laws rules.
- B2B disputes: the parties submit to the non‑exclusive jurisdiction of the courts of Poland.
- Consumers: mandatory consumer protections and jurisdictional rights of Your country of residence remain unaffected.
11. Trademarks and Affiliation Disclaimer
YouTrack and JetBrains are trademarks of JetBrains s.r.o. The Developer is not affiliated with, endorsed by, or sponsored by JetBrains.
12. Relationship to Other Policies
This EULA incorporates by reference the Terms of Service and Privacy Policy published by the Developer (together, the “Policies”). In the event of a conflict between this EULA and the Policies regarding licensing or IP, this EULA controls.
13. Miscellaneous
a) Severability. If any provision is held unenforceable, the remaining provisions will remain in full force.
b) No Waiver. Failure to enforce any provision is not a waiver of future enforcement.
c) Assignment. You may not assign this EULA without the Developer’s prior written consent; the Developer may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
d) Entire Agreement. This EULA (together with the Policies) constitutes the entire agreement regarding the Plugin and supersedes all prior understandings on this subject.
e) Language. This EULA is drafted in English and that version controls.
f) Export Control and Sanctions. You represent that You are not located in, under control of, or a national/resident of any country or entity subject to embargoes or sanctions, and You will comply with applicable export control and sanctions laws.
Contact (licensing & support): support@appfero.com
Payments & refunds: Paddle.com Market Limited