Effective June 20, 2019

Ally Terms of Service

he following terms and conditions govern all access to and use of the Ally web application, the www.getally.com website (“Website”) and service (together, the “Ally Service”) including all content, services and products available at or through the Ally Service.

The Ally Service is owned and operated by Ally, Inc. (“Ally”, “we”, “our” or “us”). The Ally Service is offered subject to your acceptance of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website, including the Ally Privacy Policy (collectively, the “Agreement”).

Please read the Agreement carefully before accessing or using the Ally Service. Your accessing or using any part of the Ally Service evidences your agreement to be bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access or use the Ally Service.

1. Ally Service

The getally.com web application allows you to connect various data sources such as Jira, Github or Trello and to aggregate, analyze and visualize data from these data sources in Slack, Microsoft Teams, Cisco Teams and getally.com website.

Ally may also, in the future, update current services and/or features or offer new services and/or features to the Ally Service (including, the release of new tools and resources). Such updated or new features and/or services shall be subject to the terms and conditions of the Agreement.

Access to the Ally Service is permitted on a temporary basis. We reserve the right to modify or discontinue offering or updating the Ally Service at any time without notice.

After an initial free trial period, if any, your use of the Ally Service and your access to the data and information stored in your Ally Account requires a paid subscription. The subscription you selected will automatically begin and the credit card you provided will be charged for that subscription unless you cancel the Ally Service before the expiration of a free trial period or the preceding subscription period, as the case may be. You can cancel your subscription at any time at Website’s Billing Page or by contacting customer success team usingsupport@getally.comemail.

Until you cancel your subscription, your subscription will be renewed automatically and your credit card will be charged for each renewal at the end of each subscription period. Prices are subject to change upon notice from us. Such notice may be provided at any time by posting the changes to the site or the Ally Service itself.

If you have any questions, comments or requests regarding your subscription, please emailsupport@getally.com

2. Slack Service

Ally and Slack Technologies Inc, the provider of the Slack communication service, (“Slack”) are different entities. There is no relationship between Ally and Slack, other than Ally being a licensee and user of the Slack API for the purpose of providing the Ally Service. Slack is not responsible for the Ally Service and will not provide support for the Ally Service.

These terms do not apply to your use of the Slack services. Such use is governed by the Slack Terms of Service available on the website www.slack.com.

3. Microsoft Teams Service

Ally and Microsoft Inc, the provider of the Microsoft Teams communication service, (“Microsoft Teams”) are different entities. There is no relationship between Ally and Microsoft Teams, other than Ally being a licensee and user of the Microsoft Teams API for the purpose of providing the Ally Service. Microsoft Teams is not responsible for the Ally Service and will not provide support for the Ally Service.

These terms do not apply to your use of the Microsoft Teams services. Such use is governed by the Microsoft Teams Terms of Service available on the website www.microsoft.com.

4. Microsoft Teams Service

Ally and Atlassian Inc, the provider of the Microsoft Teams communication service, (Microsoft Teams) are different entities. There is no relationship between Ally and Microsoft Teams, other than Ally being a licensee and user of the Microsoft Teams API for the purpose of providing the Ally Service. Microsoft Teams is not responsible for the Ally Service and will not provide support for the Ally Service.

These terms do not apply to your use of the Microsoft Teams services. Such use is governed by the Microsoft Teans Terms of Service available on the website https://products.office.com/en-us/microsoft-teams/group-chat-software.

5. Cisco Teams Service

Ally and Atlassian Inc, the provider of the Cisco Teams communication service, (“Cisco Teams”) are different entities. There is no relationship between Ally and Cisco Teams, other than Ally being a licensee and user of the Cisco Teams API for the purpose of providing the Ally Service. Cisco Teams is not responsible for the Ally Service and will not provide support for the Ally Service.

These terms do not apply to your use of the Microsoft Teams services. Such use is governed by the Cisco Temas Terms of Service available on the website https://www.webex.com/team-collaboration.html.

6. Use of Ally Service and Creation of Ally Account

In order to use the Ally Service, you must be 18 years of age or older, or be 13 years of age or older and have your parent or guardian’s consent to the Agreement. You must also have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws.

You may create a Ally Account in your personal capacity (in which case the terms “you” or “your” apply to yourself only) or on behalf of a company or other legal entity (your “Company”) which you have the authority to bind (in which case the terms “you” or “your” shall refer to such entity and all permitted Members and Administrative Users (as defined in the Slack Terms of Service).

By signing into your Slack account on the Website, you grant us access to and permission to process Personal Information (as defined in the Ally Privacy Policy https://getally.com/privacy.html) and other information in your Slack account. Our use, access and processing of your Personal information and other information is subject to our Privacy Policy https://getally.com/privacy.html which is a material part of this Agreement.

You are responsible for maintaining the security of your Slack Account (including your username and password), and you are fully responsible for all activities that occur under your Slack Account and any other actions taken in connection with it, whether by yourself or other users. You must immediately notify Ally of any unauthorized uses and users of your Slack Account integrated with the helpdesk or any other breaches of security. Ally will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

7. Intellectual Property

We are the owner or the licensee of all intellectual property rights in the Ally Service and in the material published on it. We grant you:

• a limited, non-exclusive, revocable license to make use of the Ally Service (excluding the Website);
• and a limited, non-exclusive, revocable license to make personal, non-commercial use of the Website and the material published on it.

These licenses shall terminate when the Agreement terminates in accordance with Section 9 (Termination).

The Agreement does not transfer any of Ally or any of Ally's licensors’ intellectual property to you. Title to such intellectual property will remain solely with Ally or Ally's licensors (as applicable).

All Ally trademarks, service marks, trade names, logos, domain names, and any other features of the Ally brand are the sole property of Ally. Your use of the Ally Service grants you no right or license to reproduce or otherwise use any of Ally’s trademarks, service marks, trade names, logos, domain names or any other features of the Ally brand, whether for commercial or non-commercial use.

8. Third Party Sites

The Ally Service may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

9. Changes

We reserve the right to change the Agreement at any time for any reason. Any changes we may make to the Agreement in the future will be notified to you by posting an updated version of the Agreement on this page with an updated revision date and, where appropriate, by email. Your continued use of or access to the Ally Service following the notification of any changes to the Agreement constitutes acceptance of those changes.

10. Termination

Ally may terminate the Agreement and suspend your access to all or any part of the Ally Service immediately by contacting you at your email address on record if:

• you commit a breach of the Agreement, as determined by us in our discretion, or we suspect that may be the case;
• or we consider termination necessary to protect the integrity or security of the systems used by us at any time.

If you wish to terminate the Agreement, you must cancel your Ally Account.

On termination of the Agreement by any party and for any reason all rights granted to you under the Agreement shall cease and you must immediately cease all activities authorized by the Agreement, including your use of the Ally Service.

11. Disclaimer of Warranties

To the maximum extent permitted by law, the Ally Service is provided “as is” and “as available”. Ally hereby disclaim all warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation, the warranties of merchantability and fitness for a particular purpose and non-infringement. Ally does not warrant that the Ally Service will be complete, accurate, reliable, timely, secure, error free or that access thereto will be continuous or uninterrupted. You understand that you are using the Ally Service at your own discretion and risk.

We do not warrant, endorse, guarantee or assume responsibility for any Messages, or any other product or service advertised or offered by a third party on or through the Ally Service.

The provisions in this clause do not affect your statutory or mandatory rights which cannot be excluded by applicable law.

12. Limitation of Liability

In no event will Ally be liable with respect to any subject matter of the Agreement under contract, negligence, strict liability or other legal or equitable claim for:

• (I) any indirect, special, incidental or consequential loss or damages;
• (II) loss of profit, business, revenue, anticipated savings, business opportunity;
• (III) the cost of procurement for substitute products or services; or
• (IV) the cost of interruption of use or loss or corruption of data.

Ally shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

13. Representations and Warranties

You represent and warrant that your use of the Ally Service will be in strict accordance with the Agreement. In particular, you represent and warrant that:

• you will comply with the Slack Terms of Service at all times;
• you will provide us with accurate information (where required);
• you will not use the Ally Service in the event of an emergency;
• you will not use the Ally Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Ally Service;
• you will not infringe our intellectual property rights or those of any third party in relation to your use of the Ally Service
• you will not do any of the following in relation to your use of the Ally Service:
• be obscene, offensive, hateful or inflammatory,
• defame any person,
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age,
• promote violence,
• promote any illegal activity,
• promote sexually explicit material,
• disclose the name, address, telephone number, e-mail address or any other personal data in respect of any individual without their consent,
• harass, upset, embarrass, threaten, alarm or annoy any other person,
• be likely to mislead or deceive any person,
• impersonate any person, or misrepresent your identity or affiliation with any person,
• contain any advertising or promote any services or web links to other sites;
• you will not use the Ally Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• you will not collect or harvest any information or data from any content or our systems or attempt to decipher any transmissions to or from the servers running the Ally Service.

14. Indemnification

You agree to indemnify and hold harmless Ally and its respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Ally Service, including but not limited to your violation of the Agreement.

15. Miscellaneous

The Agreement constitutes the entire agreement between Ally and you concerning the provision of the Ally Services.

The Agreement is between you and us and is not intended to grant rights, including the right to enforce any of its terms, to any other person. Any failure or delay by us to enforce the Agreement or any provision thereof shall not waive our right to do so.

We may transfer our rights and obligations under the Agreement to a third party, but this will not affect your rights or obligations under the Agreement.

Each of the terms and conditions of the Agreement operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect and will be construed as far as possible to give effect to the parties’ intentions as originally expressed in the Agreement.

16. Contact

If you have any questions, comments or requests regarding the Agreement, please emailsupport@getally.com