End User License Agreement (EULA)
End User License Agreement (EULA) for mgm Atlassian Apps
1. Important Notification and Definitions
This End User License Agreement (hereinafter referred to as: “the Agreement”) is a legal agreement between you (hereinafter referred to as “you” or “User”) and mgm technology partners GmbH, a private limited liability company with its registered office in Munich, Germany, registered in the Commercial Register at the local court of Munich under number HRB 161298 (hereinafter referred to as “mgm”).
This Agreement governs your acquisition and use of mgm apps, plugins or any other mgm products (hereinafter collectively referred to as “Apps”), available online at Atlassian Marketplace and certain third party websites, hereinafter referred to as the “Site”. Please read the Agreement carefully before completing the installation process and using the mgm Apps, as it provides a license to use the Software products, contains warranty information and liability disclaimers.
If you register for a free trial of an mgm App, this Agreement will also cover that trial. By clicking “Accept” or by installing and/or using mgm Apps, you confirm that you are acting on behalf of a legal entity under public law, a special fund under public law or as an entrepreneur (ref. §14 BGB (German Civil Code)) and that you have the necessary authority to accept this agreement on its behalf. If you do not have such authority, or if you do not agree with the terms and conditions of this Agreement, do not install or use the Apps. mgm offers its Apps exclusively to legal entities under public law, special funds under public law or entrepreneurs (ref. §14 BGB) and not to persons who are consumers under any applicable law.
mgm may amend this Agreement from time to time, subject to the terms and conditions set forth in this Agreement.
2. License Version
This license replaces all previous versions and is effective as of dated August 1st, 2025.
3. License Scope
mgm hereby grants the User a limited license to use the Apps. This license is non-exclusive and non-transferable. Only the authorized number of users according to the main Atlassian Software may actually use the Apps. Additional license keys may be purchased through the Site.
It is expressly prohibited to
decompile the Apps or to reverse engineer the source code of the Apps, except to the extent permitted by mandatory law or applicable open source license,
distribute copies of the Apps to third parties,
sublicense the Apps or otherwise make the Apps available to third parties, including by rental, Software-as-a-Service models or otherwise,
modify the Apps, except to the extent permitted by mandatory law,
remove any reference to mgm as the copyright owner of the Apps or to remove or make illegible any part thereof.
The User shall only be entitled to decompile the App within the scope of § 69e UrhG and only if mgm has not provided the necessary data and/or information in writing within a reasonable period of time following a corresponding request to do so in order to establish interoperability with other Software.
The Apps may contain open source software from third parties. The respective third party right holders grant the User the rights set forth in the applicable open source licenses. These licenses can be found in the documentation accompanying the Apps. This Agreement does not apply to such open source software, and nothing in this Agreement shall be construed as limiting any of the rights granted to the User under an open source license.
Any supplement (e.g. patches, bug fixes) or new version of the subject matter of the Agreement (e.g. update, new version) provided by mgm to replace the previously provided App version when remedying a defect shall also be subject to the provisions of this Agreement.
4. Terms of Use
The User is solely responsible for the installation and use of the Apps. The documentation available online contains recommended hardware and software environment requirements.
The User must not use the Apps for any purpose that violates German or any other applicable laws or regulations. In particular, it is not permitted to use the Apps in a manner that harasses or interferes with other users.
If, in the discretion of mgm, the continued functioning of mgm’s or any third partys computer systems or network is threatened or jeopardized by, for example, excessive e-mail or other data transmissions, disclosure of personal data or virus activity, mgm may take any steps mgm deems reasonably necessary to stop or avert such damage or jeopardy.
mgm shall have the right at any time to seek criminal prosecution for any offenses committed through or by use of the Apps. In addition, mgm may disclose User's name, address, IP address and other identifying data to any third party who claims that User has violated its rights or these Terms and Conditions, provided, that the validity of the claim is clear, no other means of obtaining such information exists and the third party has an obvious interest in obtaining such information.
The User shall fulfil all obligations required to perform the agreement. He shall in particular take the necessary precautions to prevent unauthorized use of the application. In particular, the User will ensure that no unauthorized third party can access the application by means of suitable protective measures (e.g. password strength, passwords on its computers, burglary protection). The User shall inform mgm immediately if he believes that credentials and/or passwords may have become known to unauthorized persons.
5. Intellectual Property
All right, title and interest in and to the Apps, the accompanying documentation and all modifications and enhancements thereto belong, rest and shall remain with mgm. The User has only those rights and permissions that are expressly granted to him by this Agreement or otherwise granted to him in writing. In particular, the User shall not sell, transfer, grant, lease or sublicense the App in any other way, publicly reproduce the App or make it accessible or install it on the systems of third parties.
Reproductions of the App shall only be permitted insofar as they are necessary for contractual use. The User may make backup copies of the App in accordance with the rules of technology to the extent necessary. Backup copies on movable data carriers shall be labeled as such and marked with a copyright notice.
The User is only entitled to make changes, extensions and other modifications to the App within the meaning of § 69c Nr. 1 and 2 of the German Act on Copyright and Related Rights ("UrhG") to the extent that this is unconditionally permitted under the German Act on Copyright and Related Rights. Before the User itself rectifies defects or instructs a third party to do so, he shall first allow mgm to attempt to rectify the defect. The User is not entitled to rights of use and exploitation in such processing beyond the rights of use granted under this agreement.
6. Consideration
Unless otherwise agreed upon in writing between the User and mgm, a license to the Apps may only be obtained through the Site. Prices and payment details are set forth on the Site. Certain Apps may be available free of charge for a limited period of time. After this period, a full license with a defined term of validity is required. This will be specified on the Site or in the Apps.
Prices are quoted in the currency indicated on the Website, and are exclusive of VAT, import duties and other government imposed taxes, duties and levies.
Shortly after payment, the User may download and install the Apps. Prior to this, verification of the User may be required in order to ensure that the User is an authorized User. The Apps and/or the Website will notify the User of any procedures and additional terms.
7. Personal Data
During the installation and/or payment process, mgm and/or third parties may process certain of the personal data of the User. In addition to the data requested in the order form, the IP address from which the registration is made and information about the App used are recorded. These personal data are used only for the execution of the Agreement and for related purposes, such as the provision of related offers or notification of available updates. Further information can be found at Privacy Policy for Customers.
8. Update Versions
mgm may periodically release updates to or newer versions of the Apps that may support compatibility with new versions of Atlassian's basic software (e.g., Confluence, Jira), correct bugs or improve the functionality of the Apps. Provided you have an existing subscription with mgm, you can receive such updates or newer versions of the Apps. Please check the Site regularly for the latest versions, even if you are usually notified of such new releases via the Atlassian Marketplace. No liability will be accepted for any damage caused by bugs addressed in an update that has not been installed by the User.
For a maximum period of two years, mgm supports versions of the App older than the most current version only by providing security patches for critical security vulnerabilities ("End of Life") and only as long as the compatible version of the basic Software of Atlassian is supported by Atlassian. After this period, neither compatibility with the current basic Software of Atlassian nor sufficient security of such previous versions is guaranteed.
9. Support
mgm shall provide the User with a reasonable level of support through the Website and by e-mail or other communication channels announced to the User. mgm does not guarantee that all support requests or bug reports will be addressed.
10. Warranty and Liability
(i) Warranty
mgm warrants that the Apps will substantially perform as described in the documentation and that the Apps do not contain viruses, backdoors or malicious routines. mgm will use its reasonable efforts to investigate and correct any reported defects as soon as practicable or to provide a workaround (but may postpone correction of defects with limited impact until the next scheduled release). mgm makes no other guarantees and/or warranties. In particular, mgm makes no representation or warranty, express or implied, that any services provided or any design or process resulting from any particular use of the Apps will not infringe any patent, copyright, or proprietary right of any kind of any third party, and mgm shall have no liability for any claim or action brought by any other party against the User for such infringement. Furthermore, mgm gives no contractual guarantee in relation to the licensed software.
(ii) Limitation of Liability
In case of intentional conduct, gross negligence, claims based on the German Product Liability Act, as well as, in case of death or personal or physical injury, mgm shall be liable according to the statutory law. Subject to the preceding sentence, mgm will only be liable for slight negligence if mgm is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so‐ called "cardinal obligations") but limited in amount to the damage which is foreseeable and typical for the type of business in question here and to a maximum of the respective subscription fee per contractual year, whichever amount is the lower. In other cases of slight negligence, mgm will not be liable for slight negligence.
Unless otherwise provided by mandatory law, mgm’s obligation to pay any compensation shall only arise if the User notifies mgm of such damages in writing within three (3) months of the occurrence of the damage.
(iii) Liability for loss of data
The User 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 User shall carry out a complete backup of all system and application data immediately before each update or installation of a newer version of the Software.
11. Publicity
The User hereby authorizes mgm to identify the User as a customer of mgm in its promotional materials. If the User wishes to object to such use, he may do so at any time by sending an e-mail to atlassian-info@mgm-tp.com. Please note that it may take up to 30 days to process this request.
12. Confidentiality
Each party shall not disclose or use for any other purpose than the purposes of this Agreement any trade secret or other information of the other party which has been designated as confidential or the confidential nature of which is known or reasonably should be known by the other party.
Both parties accept the obligation to maintain strict confidentiality towards third parties with regard to all matters agreed upon in this Agreement. In addition, the parties accept the obligation to maintain strict confidentiality with respect to all information concerning the business, activities and organization of the other party, unless such information is already in the public domain without any involvement of the other party.
13. Term and Termination
This Agreement is entered into for the (subscription) period indicated on the Site or as otherwise specified (hereinafter: "the Contract Period"). If the Contract Period is not specified, it shall be deemed to have been concluded for period of 12 (twelve) months. Unless otherwise agreed, this Agreement shall be automatically renewed for the same term unless notice of termination is received by mgm in writing at least 2 (two) months prior to the end of the respective term. mgm and/or third parties will usually send User a notice of renewal of licenses and any payments due thereunder.
mgm is entitled to terminate the Agreement for good cause in accordance with § 626 (1) BGB. Good cause shall be deemed to exist in particular if the user is in default with at least two installments due to mgm in the case of a continuing obligation. mgm is also entitled to claim the entire remuneration that would be due until the next regular termination date as compensation. In this case, however, mgm must offset the expenses saved and any other purchases not made.
In the event of the User’s bankruptcy, suspension of payments, seizure of the User’ assets, liquidation, legal dissolution or winding up of the User, the User shall be obliged to inform mgm immediately. In such case, mgm shall be entitled to terminate the Agreement without notice.
Upon termination of the Agreement, for any reason, the User must cease all use of the Apps. In addition the User must remove all copies (including backup copies) of the Apps from all computer systems under the User’s control.
14. Changes to Agreement
mgm may update or modify this Agreement, including any referenced policies and other documents, from time to time. If a revision materially limits the User's rights, mgm will use reasonable efforts to notify the User (for example, by sending an e-mail to the billing or technical contact you designate in the applicable order, by posting on mgm’s blog, through the User’s Atlassian account, or within the product itself).
If mgm modifies the Agreement during the license term and/or subscription term, the modified version will become effective upon the next renewal of a license term, support or maintenance term, and/or subscription term, whichever is applicable. In this case, if User objects to the updated Agreement, User’s exclusive remedy is to not renew, including cancelling any terms that are set to automatic renewal.
With respect to Apps that are free of charge, acceptance of the updated Agreement will be required for User to continue to use such Apps. User may be required to click through the updated Agreement to indicate acceptance. If the User does not accept the updated Agreement after it becomes effective, User will no longer have any rights to such Apps. For the avoidance of doubt, each order is subject to the version of the Agreement in effect at the time the order is placed.
15. Data Processing Regulations
The use of the Apps may enable the User to process personal data. The User shall ensure that mgm neither receives nor processes this personal data on its behalf.
In the unlikely and unintended event that personal data is transferred by the User to mgm and consequently processed by mgm on behalf of the User, the parties shall promptly conclude a suitable data processing agreement.
16. Miscellaneous
This Agreement shall be governed exclusively by German law with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. Unless otherwise required by mandatory law, all disputes arising in connection with this Agreement shall be submitted to the ordinary court in Munich, Germany.
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of the Agreement as a whole. In such event, the parties shall agree to a substitute provision that is legally valid and comes as close as possible to the intent of the provision in question.
mgm may assign its rights and obligations under this Agreement to a third party that acquires the relevant business or the copyrights in the Apps from mgm.
Special Conditions for cloud-based Apps
If the software is provided as SaaS on the Atlassian Cloud Platform, the software is kept available for use on a central data processing system or several data processing systems.
The User is responsible for compliance with commercial and tax record retention periods.
mgm is not responsible for the quality of the necessary hardware and software on the part of the User for the telecommunications connection between the User and the Atlassian Cloud Platform up to the point of interconnection.
Provided, that the User is given the technical opportunity to do so via the software, he will regularly back up the data stored on the server by downloading it to its own computer system.