Terms of Service

Effective Date: 2024-12-31

These Terms apply from the Effective Date specified above and do not retroactively modify agreements or actions under prior versions of the Terms.

These Terms of Service ("Terms") are entered into by and between Amulent Technologies LLC, a limited liability company with its principal place of business at 2810 N Church S, Wilmington, DE 19802 ("Amulent Technologies," "we," or "us"), and the user ("You," "Your," or "Customer"). By accessing or using the CodeMerlin service ("Service"), You agree to these Terms. If You do not agree, You must not use the Service.

We may update these Terms from time to time. Material changes will be communicated via email or a prominent notice on our website at least 30 days before taking effect. Continued use of the Service after the changes become effective constitutes acceptance of the updated Terms.

1. Access and Use of the Service

1.1 Grant of Access

We grant You a non-exclusive, non-transferable, revocable right to access and use the Service solely for Your internal business purposes, in accordance with these Terms and any accompanying documentation.

1.2 User-Based Access

Access to the Service is user-based but applies company-wide. Fees are determined by the number of users accessing Jira or other integrated issue-tracking systems.

1.3 Prohibited Activities

You may not:

  • Reverse engineer, decompile, or disassemble any part of the Service.
  • Use the Service to build a competing product or service.
  • Transfer, sublicense, lease, or distribute the Service without written permission.
  • Use the Service in violation of any applicable laws.

2. Ownership and Intellectual Property

The Service, including all intellectual property rights, is owned and operated by Amulent Technologies. By using the Service, You acknowledge that Amulent Technologies retains all rights, title, and interest in the Service, including any updates, enhancements, or modifications.

3. Privacy and Data Processing

3.1 Privacy Policy

By using the Service, You acknowledge that You have read and understood our Privacy Policy, which explains how we collect, use, and protect Your information.

3.2 Data Ingestion

The Service ingests data, including software issues (e.g., bugs, stories, features, tasks) and code, from integrated platforms like Jira and GitHub.

  • Sensitive or proprietary information (e.g., intellectual property or personally identifiable information) may be included unless excluded by the Customer.
  • Customers can exclude such data by configuring the Service to exclude sensitive projects or repositories.
  • We employ robust safeguards to protect all ingested information.

3.3 Data Retention

  • Data is retained only as long as necessary to provide the Service or comply with legal obligations.
  • Upon termination of Your account or upon request, we will delete all customer data, including cached data, within 30 days.
  • You can also delete data directly via the available self-service tools.
  • Customer data is never used to train AI models.

3.4 Data Processing Addendum (DPA)

Use of the Service constitutes acceptance of our Data Processing Addendum (DPA), which details how personal data is processed in compliance with applicable privacy laws.

3.5 Compliance

We process data in compliance with GDPR, CCPA, and other applicable regulations.

  • Customer data is processed solely for the purposes outlined in the DPA and will not be used for AI training, sold, or shared without explicit authorization.

3.6 Customer Responsibilities for Data Compliance

You are responsible for:

  • Obtaining all necessary consents from end-users.
  • Ensuring that all shared data has been lawfully collected and processed.

3.7 Data Transfers

Customer data may be transferred to the United States and processed under Standard Contractual Clauses (SCCs) for GDPR compliance. See our DPA for more details.

4. Security

4.1 Security Measures

We implement industry-standard security measures, including encryption, access controls, and continuous monitoring, to safeguard Your data. Refer to our Security Statement for details.

4.2 Customer Responsibilities

You are responsible for:

  • Safeguarding Your account credentials.
  • Ensuring Your organization complies with internal security policies.

4.3 Incident Response

In the event of a security incident, we will:

  • Notify affected customers within 48 hours.
  • Provide reasonable assistance to address the incident in compliance with applicable laws.

5. Third-Party Integrations

5.1 Supported Platforms

The Service integrates with third-party platforms such as:

  • Atlassian Jira
  • GitHub
  • Bitbucket
  • GitLab

Additional integrations may be added in the future.

5.2 Third-Party Licenses

Some Service components may include third-party open-source software, which are subject to their own license terms. By using the Service, You agree to comply with these licenses.

6. Subscription and Payment

6.1 Subscription Terms

Access to the Service requires an active subscription, managed through the Atlassian Marketplace.

6.2 Billing and Cancellation

  • Subscriptions are billed through the Atlassian Marketplace.
  • You may cancel with 30 days' notice via the Marketplace.
  • Refunds are issued at our discretion for service disruptions caused by us.

7. Support

We offer standard support via our support site. No premium or custom support services are available.

8. Updates and Maintenance

We periodically update the Service to improve functionality, address issues, and introduce new features. Updates are automatically deployed.

9. Customer Contributions

If You provide feedback, suggestions, or enhancements, Amulent Technologies may use this input for product improvements or marketing purposes without obligation.

10. Disclaimer of Warranties

The Service is provided "AS IS" and "AS AVAILABLE", without warranties of any kind, including:

  • Merchantability
  • Fitness for a particular purpose
  • Non-infringement

We do not guarantee the Service will be uninterrupted, error-free, or free from harmful components.

11. Indemnification

You agree to indemnify and hold harmless Amulent Technologies, its affiliates, and employees from any claims, damages, liabilities, or costs arising from:

  • Your use of the Service in violation of these Terms or applicable laws.
  • Data or content You provide that infringes on the rights of others.

12. Termination

12.1 By You

You may terminate Your subscription by canceling through the Atlassian Marketplace.

12.2 By Us

We may terminate Your access for breach of these Terms or non-payment.

12.3 Post-Termination

Upon termination:

  • You must stop using the Service.
  • Customer data will be deleted within 30 days.

13. Availability

We aim for 98%+ availability but do not provide a strict Service Level Agreement (SLA).

14. Limitation of Liability

Our liability is limited to the fees You paid for the Service in the preceding 12 months.

We are not liable for indirect, incidental, or consequential damages.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the State of Delaware.

15.2 Dispute Resolution

Disputes will be resolved through binding arbitration in Delaware. Injunctive relief may be sought in Delaware courts.

16. Severability

If any part of these Terms is found unenforceable, the remaining provisions will remain in effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, DPA, and Security Statement, represent the entire agreement between You and Amulent Technologies.

18. Contact Information

Amulent Technologies LLC

📧 Email: info@amulent.com