Terms & Conditions

These Terms & Conditions govern the use of software-as-a-service products published by Oaken Labs, including ProGantt ("the Service"). By installing or using the Service, the Customer agrees to these terms.

Article 1 — Definitions

Article 2 — Applicability

  1. These terms apply to all offers of, and agreements relating to, the Service provided by Oaken Labs.
  2. Terms that deviate from these Terms & Conditions only apply if agreed in writing.
  3. If any provision of these terms is found unenforceable, the remaining provisions stay in effect.
  4. Where the Service is installed via the Atlassian Marketplace, the Marketplace's own terms of use govern the purchase and billing relationship; these Terms & Conditions govern use of the Service itself.

Article 3 — Formation of the agreement

  1. An agreement is formed when the Customer installs the Service from the Atlassian Marketplace, or otherwise begins using it with Oaken Labs' consent.
  2. Changes to an agreed scope of use must be confirmed in writing to bind Oaken Labs.

Article 4 — Availability and delivery

  1. Feature descriptions published on the Atlassian Marketplace listing, our website, or promotional material are as accurate as possible but are indicative only; no rights can be derived from them unless expressly agreed in writing.
  2. Oaken Labs may use third parties to help deliver the Service, at its own discretion.

Article 5 — Confidential information

  1. Oaken Labs will keep confidential any information obtained from the Customer that it knows, or should reasonably know, is confidential, except where disclosure is required by law or a court order.
  2. Oaken Labs will take reasonable precautions to protect confidential information received from the Customer, and will ensure its staff and any engaged third parties observe the same duty of confidentiality.

Article 6 — Risk of data storage

  1. Oaken Labs will take due care in storing data originating from the Customer. Absent evidence to the contrary, Oaken Labs is deemed to have met this obligation.
  2. The Customer bears the risk of loss or damage to data stored via the Service, except where this results from intent or deliberate recklessness on Oaken Labs' part.

Article 7 — Registration and activation

  1. An account becomes active once the Customer has completed the required installation/registration steps and Oaken Labs has accepted it.
  2. Oaken Labs reserves the right to decline a registration without giving reasons.

Article 8 — Data provided by the Customer

  1. The Customer is responsible for ensuring that data it provides is accurate and complete, and for promptly notifying Oaken Labs of any changes.
  2. Data provided by the Customer is processed as described in our Privacy Policy, to (a) deliver the agreed Service, and (b) inform the Customer about updates to the Service.
  3. Oaken Labs will not disclose Customer data to third parties without consent, except where required by law or a court order.

Article 9 — Customer obligations

  1. The Customer must ensure the information Oaken Labs reasonably needs to deliver the Service is provided in a timely and usable form.
  2. The Customer is responsible for the security and confidentiality of its own Jira/Atlassian account credentials, and must notify Oaken Labs promptly of any suspected misuse.
  3. The Service may only be used for lawful, legitimate purposes, and must not infringe the rights of third parties, including intellectual property rights.
  4. The Customer must not use the Service to: violate netiquette; infringe third-party IP rights; distribute unlawful, obscene, or discriminatory content; gain unauthorised access to systems ("hacking"); send spam; or otherwise act unlawfully towards Oaken Labs or third parties.
  5. The Customer indemnifies Oaken Labs against third-party claims arising from the Customer's use of the Service.
  6. Where these obligations are not met, Oaken Labs may suspend delivery of the Service until they are.

Article 10 — Duration and termination

  1. The agreement runs for the subscription term selected via the Atlassian Marketplace (or as otherwise agreed in writing), and renews under the terms set by the Marketplace unless cancelled there by the Customer.
  2. Oaken Labs may terminate the agreement with three months' notice by email, other than in the case below.
  3. If the Customer breaches its obligations under these terms, Oaken Labs may suspend or close the Customer's account without prior notice and without liability for damages.

Article 11 — Complaints

  1. Complaints about the Service can be sent to info@oakenlabs.app.
  2. Complaints should be reported as soon as reasonably possible, with enough detail for Oaken Labs to investigate.
  3. Oaken Labs will acknowledge receipt within 5 working days and outline how the complaint will be handled.

Article 12 — Liability

  1. Oaken Labs performs its duties to the standard reasonably expected of a company in its sector, but accepts no liability for damages — including consequential, business, or lost-profit damages — resulting from its acts or omissions, except where mandatory law prevents this limitation.
  2. These limitations do not apply to damage caused by intent or deliberate recklessness on Oaken Labs' part.
  3. Where liability nonetheless applies, it is limited to the amount paid by the Customer for the Service (via the Marketplace) in the 12 months preceding the event giving rise to the claim.
  4. Oaken Labs is not liable for unavailability of the Service caused by factors outside its reasonable control, including internet infrastructure, the Atlassian platform, or the Customer's own systems.
  5. Oaken Labs may take the Service temporarily offline for maintenance or fault resolution, and will where practical give advance notice.

Article 13 — Fees and payment

  1. Fees for the Service are set and billed through the Atlassian Marketplace, under Atlassian's own payment terms. Oaken Labs does not directly invoice Marketplace customers.
  2. Where Oaken Labs agrees a direct commercial arrangement outside the Marketplace, payment terms will be set out in writing at that time.

Article 14 — Intellectual property

  1. All intellectual property rights in the Service, and the software/documentation underlying it, belong to Oaken Labs or its licensors, except as expressly agreed otherwise in writing.
  2. Oaken Labs may take technical measures to protect these rights.
  3. The Customer retains full ownership, copyright, and IP rights in the data it places within the Service, for as long as the agreement continues.
  4. Attribution to Oaken Labs within the Service's interface may not be removed, hidden, or altered.

Article 15 — Force majeure

  1. In the event of force majeure, Oaken Labs may suspend its obligations for a reasonable period, or terminate the agreement, without liability for damages.
  2. Force majeure includes circumstances outside Oaken Labs' control, including failures of third-party providers (such as Atlassian's or Hostinger's infrastructure), war, civil unrest, government measures, strikes, fire, natural events, and internet or power outages.

Article 16 — Insolvency

The agreement terminates automatically, without judicial intervention, if the Customer is declared bankrupt, applies for a suspension of payment, or otherwise loses the capacity to manage its own assets — unless a trustee or administrator recognises the resulting obligations as an estate debt.

Article 17 — Dissolution and cancellation

Cancellation of a Marketplace subscription is handled through the Atlassian Marketplace's own cancellation process. Amounts already paid are not refunded by Oaken Labs except where required by Atlassian Marketplace policy or applicable law.

Article 18 — Governing law and jurisdiction

  1. These Terms & Conditions are governed by the laws of the Netherlands.
  2. Any dispute arising from these terms will be submitted to the competent court in the district where Oaken Labs is established, unless the parties agree otherwise.