Data Center General Terms and Conditions

Effective starting: July 01, 2026 (view current version)

1 Scope

(1) These Data Center Terms and Conditions ("Data Center GTC") apply if you as a customer ("Customer") license our software solutions (each an “App”, together the “Software”) for the current Atlassian basic software (e.g. Confluence; Jira) available on the Atlassian Marketplace for download and on-premise installation. The Data Center GTC also apply to the data generated by the use of the Software and/or the data required for the use of the Software ("App Data").

(2) Our Data Center GTC apply exclusively. Conflicting, additional or deviating terms and conditions of the Customer do not apply.

2 Our Services

(1) For a fee, we provide the Customer with selected Apps in their current version for an agreed term (Sec. 4). Please click here for the function description of the individual Apps.

(2) During the term we also provide related support services (Sec. 5), including documentation and troubleshooting, as well as updates (Sec. 6). For the scope of our support services please click here.

(3) The Customer may initially test any App free of charge for a period of one month ("Free Trial Period"). Within the Free Trial Period we provide support services to the best of our ability without being obliged to do so.

(4) We do not owe any additional Software qualities or further services beyond those mentioned in these Data Center GTC.

(5) Both parties shall be released from their respective performance obligations for as long and to the extent that they are unable to fulfill them due to force majeure. Force majeure refers to circumstances beyond the control of the party concerned, such as strikes, epidemics, natural disasters, power failures, or technical infrastructure failures.

3 Right of Use

(1) The Software is subject to our copyright.

(2) We grant the Customer the non-exclusive and non-transferable right to use the selected App in accordance with its function description during the agreed term.

(3) The scope of the Customer´s right to use an App is determined by the number of seats purchased.

(4) The Customer is not entitled to make the Software available to third parties beyond the limits of its affiliates, either for a fee or free of charge.

(5) The Customer shall be liable for all damages incurred by us as a result of a copyright infringement or unauthorized use of the Software.

4 Provision of Software

(1) We provide the Customer with the Software via download on the Atlassian Marketplace.

(2) The Customer receives the Software as an executable program. Providing the source code of the Software is not part of these Data Center GTC.

(3) The Customer is responsible for ensuring that its on-premise hardware and software environment (“Operating System”) is adequate to properly run the Software.

5 Support

(1) We keep qualified personnel available Monday through Friday, with the exception of public holidays in Baden-Württemberg, Germany, from 9:00 a.m. to 5:00 p.m. CET for Customer inquiries via our help center (https://help.k15t.com/ ) in order to support the Customer in case of malfunctions and questions regarding the operation of the Software. Support by a specific employee cannot be guaranteed.

(2) We will respond to support requests within a reasonable time, at the latest within 24 business hours.

(3) Our Support does not include:

(a) Services for the Apps if they are not used according to their respective function description or these Data Center GTC;

(b) Adaptation of the Software to a changed hardware or software environment, including adjustment to changed operating systems;

(c) Application and adaptation of interfaces and APIs;

(d) Handling errors caused by the Customer or by third parties, including the disruption of operations caused by third-party software;

(e) Services for computer programs or parts thereof that are not included in the Software;

(f) Services regarding defects of the Software that have already been fixed by an update which the Customer has not installed;

(g) Instructing and training users and

(h) Services that become necessary because the Customer does not comply with its obligations to cooperate according to Sec. 8.

6 Updates

(1) We continuously aim to further improve the Software. However, we do not promise to offer updates in regular intervals or the development of certain features. After an update, new functions of the Software may be available and previous functions may be presented differently, for example in their operation or user guidance. If we provide updates, they will be compatible with versions of Atlassian's Software (e.g. Confluence, Jira) released within the last two years.

(2) The Customer may inform itself about updates via the means available on the Atlassian Marketplace. Each new version of an App triggers an automatic notification via the Atlassian Marketplace to all users who have activated the "Watch" function for the relevant App. We recommend that the Customer activates this function. Irrespective of such activation, the Customer can view all versions of an App on the Atlassian Marketplace.

(3) We proactively inform the Customer about critical security updates . The information is sent to the contact data entered by the Customer on https://my.atlassian.com. The Customer is responsible for keeping this contact data current.

(4) The Customer is responsible for installing updates. The Software can be updated to the current version by clicking on "Update" in the user interface of the Atlassian basic software.

(5) We only provide support services (Sec. 5) for the current version of the Software.

7 Customer obligations to cooperate in general

(1) The Customer shall fulfil all obligations necessary to allow us to properly perform our contractual duties. It shall in particular

(a) take the necessary precautions to prevent unauthorized use of the Software. In particular, it will ensure that no unauthorized third party can access the Software by means of suitable protective measures;

(b) ensure that authorized users are sufficiently familiar with the operation of the Software, in particular that they receive sufficient training;

(c) have authorized users comply with these Data Center GTC as applicable.

(2) The Customer is solely responsible for monitoring the progress of updates, as well as for entering and maintaining any other data.

(3) The Customer shall take appropriate measures for the event that the Software does not work properly in whole or in part (e.g. daily data backup, fault diagnosis, regular checking of data processing results). In particular, the Customer shall carry out a complete backup of all system and application data immediately before each installation of a newer version of the Software. The data backups shall be stored in such a way that the backed-up data may be restored at any time.

(4) If and as long as the Customer is in default with fulfilling its obligations to cooperate we reserve the right to suspend performance of those services that without the Customer's participation cannot be performed at all or can only be performed with disproportionate effort. The Customer is liable for any additional expenditure actually caused. Our other claims and rights remain unaffected.

8 Additional obligations to cooperate with regard to Support Services

(1) When opening a ticket for a support request (Sec. 5 para. 1) the Customer shall provide us with the necessary information and shall cooperate in processing its request, in particular by:

(a) providing the relevant documents, documentation and information required for the provision of services, in particular concerning existing systems, devices, computer programs and parts thereof which are to interact with the Software;

(b) documenting detected defects of services rendered in a reproducible, at any rate comprehensible form and immediately informing us about said defects;

(c) making available at its own expense facilities, infrastructures and personnel suitable for cooperation, insofar as necessary for the provision of services and

(d) performing necessary acts of cooperation in due time.

(e) providing test plans and test data and, where applicable, creating and providing a test environment.

(2) Prior to reporting an error, the Customer shall carry out an analysis of its Operating System within the scope of its possibilities to ensure that the error is not attributable to system components that are not covered by these Data Center GTC.

9 Fees and Payment

(1) The fees payable for the respective Apps depend on the number of licensed users and can be found under the heading "Data Center Pricing" on the Atlassian Marketplace.

(2) All prices are net prices, i.e. not including applicable value-added tax.

(3) Billing will be carried out via Atlassian Pty Ltd., which we have authorized to collect our claims in their own name.

10 Term and Termination

(1) The Customer can select the license period of the individual Apps subject to the options available on the Atlassian Marketplace. The license period following the Free Trial Period has a default term of twelve months and can be adjusted by the Customer. It expires automatically at the end of the term.

(2) The right of each party to extraordinary termination for good cause shall remain unaffected.

(3) Upon termination of the license, regardless of the reason, the Customer is no longer entitled to use the Software in any form. The Customer will immediately delete all copies of the Software in its possession and will confirm this upon request.

11 Warranty

(1) We guarantee that the Software has the agreed quality during the license period. It has no defects that cancel or reduce the value or suitability for normal use or the use stipulated in the contract. This includes the non-existence of malicious program parts ("viruses").

(2) If the Customer notifies us of a defect, we are obliged, at our discretion, to immediately remedy the defect or to deliver a replacement free of defects.

(3) The Customer shall support us in the error analysis and elimination of defects, in particular by specifically describing any problems that occur, providing us with comprehensive information and granting us the time and opportunity required to remedy the defects reported. Sec. 8 applies accordingly.

(4) If we perform services in the search for or removal of defects without being obliged to do so, we may demand remuneration in accordance with our usual hourly rates. This applies in particular if a defect cannot be proven, cannot be reproduced or is not attributable to us.

(5) Warranty claims shall become statute-barred within one year of the Software being provided by us for the first time.

12 Liability

(1) Both parties are liable for damages due to the violation of contractual obligations to the extent that they are at fault. Strict liability for defects that already existed at the beginning of the license period is excluded.

(2) In cases of simple negligence, we are liable only for breach of obligations whose fulfillment is essential to the proper performance of the contract and on whose compliance the Customer regularly relies and is entitled to rely. The extent of this liability is limited to the damage that was typically foreseeable to us at the time of the breach up to a maximum amount of US-$ 10,000 per damaging event.

(3) Non-contractual liability remains unaffected.

(4) We are not liable for the loss of App Data to the extent that the damage is due to the fact that the Customer has failed to create regular data backups ensuring that lost App Data can be restored with reasonable effort (cf. Sec. 7 para. 3). Liability for any other data the Customer may have stored in its Operating System is excluded.

(5) Liability is excluded

(a) if the Customer is responsible for the damage, in particular because it

·       has not fulfilled its obligations to cooperate (Sec. 7),

·       has used Apps in violation to their respective function description or these Data Center GTC (e.g., operating errors; improper use; use of hardware or third-party software that does not comply with the specifications),

·       has made unauthorized changes to the Software,

·       disregarded statutory or contractual provisions for damage mitigation;

(b) for lost profit;

(c) for damage due to cyber-attacks by third parties.

13 Third party rights

(1) If third parties assert claims against the Customer due to infringement of intellectual property rights in connection with the services rendered by us, we shall indemnify the Customer against these claims and shall cover all necessary and reasonable costs of legal action.

(2) If the Customer is sued by third parties, the Customer shall coordinate with us and shall take legal action, in particular acknowledgements and settlements, only with our consent. We shall defend ourselves against claims by third parties at our own expense if they are based on our attributable breach of duty.

(3) If third parties assert claims which prevent the Customer from exercising the rights of use granted to him in these Data Center GTC, the Customer shall inform us immediately in text form. At the same time, it authorizes us to conduct legal actions against third parties both in and out of court on our own. 

14 Confidentiality

(1) The parties shall remain silent about all confidential matters, in particular business or trade secrets, which come to their knowledge in the course of their business relationship and shall neither pass them on nor exploit them in any other way.

(2) The obligation of confidentiality does not apply if the information in question is to be disclosed pursuant to a court order, an administrative order or a law. The parties shall inform each other without delay of the disclosure and shall disclose the information in such a way as to preserve confidentiality to the greatest extent possible.

15 Protection of personal data

(1) We comply with any and all applicable regulations on data protection when processing the Customer's personal information. This also includes state-of-the-art technical security measures (Art. 32 GDPR) and the obligation of employees to maintain data secrecy (Art. 28 (3)(b) GDPR). Insofar as our subcontractors come into contact with personal data, we have concluded a Data Processing Agreement (DPA) with them.

(2) Insofar as the Customer collects, processes or uses personal data when using the Software, it shall obtain the consent of the respective person affected if not otherwise authorized before.

16 Export and import restrictions

(1) The Customer is aware that the services under these Data Center GTC may be subject to export and import restrictions. In particular, there may be licensing obligations, or the use of the Software or associated technologies may be subject to restrictions in certain countries.

(2) The Customer shall comply with the applicable export and import control regulations of the Federal Republic of Germany, the European Union and the United States of America as well as all other relevant regulations.

(3) The performance of our services is subject to the proviso that there are no obstacles due to national and international export and import restrictions or any other statutory provisions to that effect.

17 Quotation as reference

We are entitled to use the Customer's name including its logo as a reference for advertising purposes. If the Customer does not agree, it can send an e-mail to privacy@k15t.com at any time, together with a request to cease use. We will comply with this request immediately.

18 Final provisions

(1) The Customer may only transfer rights and obligations arising from or in connection with these Data Center GTC to third parties with our prior consent in writing.

(2) Unless otherwise specified, declarations between the parties must be made in writing, whereby email is sufficient.

(3) German law shall apply with the exception of the CISG 1980.

(4) The place of performance and exclusive place of jurisdiction is Stuttgart, Germany.

(5) Should one of the above provisions be or become invalid or should a necessary provision not be included, this shall not affect the validity of the remaining provisions. In this case, the parties shall endeavor to find a mutually acceptable solution.