This End User License Agreement (“EULA”) is a legal agreement between you (“You”) and Individual Entrepreneur Philip Mikhailovich Poteryaev (ИП Потеряев Филипп Михайлович) (“Developer”, “we”, “us”) with respect to the Timely plugin for JetBrains IDEs (the “Plugin”).
Important: The Developer is the sole licensor of the Plugin. JetBrains s.r.o. and its affiliates (collectively, “JetBrains”) are not a party to this EULA, do not license the Plugin to You under this EULA, and have no obligations under this EULA. JetBrains, its affiliates, and JetBrains resellers are not responsible for, and have no liability to You or any other customer (including customers of JetBrains resellers) in any way arising out of or related to the Plugin or this EULA. JetBrains’ liability is excluded in its entirety to the maximum extent permitted by applicable law.
By downloading, installing, or using the Plugin, You agree to be bound by this EULA. If You do not agree, do not download, install, or use the Plugin.
1. Definitions
1.1. “Documentation” means the latest versions of technical documentation for the Plugin made available by the Developer (including on JetBrains Marketplace and the Developer’s websites or support channels).
1.2. “Free Plugin” means that the Plugin is offered at no cost.
1.3. “JetBrains Marketplace” means any platform operated by JetBrains on which Plugins for JetBrains products are marketed, including https://plugins.jetbrains.com.
1.4. “JetBrains Product” means any software program or service made available by JetBrains.
1.5. “Plugin” means the Timely plugin, extension, or related software designed to work with JetBrains Products that the Developer makes available under this EULA, including updates and upgrades provided by the Developer.
1.6. “You” means an individual or a legal entity concluding this EULA.
1.7. “JetBrains” means JetBrains s.r.o. and its affiliates. JetBrains and JetBrains resellers are not parties to this EULA.
2. Grant of License
2.1. License. Subject to this EULA, the Developer grants You a limited, worldwide, non-exclusive, non-transferable, royalty-free, perpetual license to use the Plugin as a Free Plugin. You may:
- (a) install the Plugin in JetBrains Products;
- (b) use the Plugin for personal and commercial purposes, without a limit on the number of installations or devices; and
- (c) make backup copies of the Plugin solely for archival purposes.
2.2. No source code. This EULA does not grant You any right to receive, access, or use the Plugin’s source code. The Plugin is provided in object/binary form only.
2.3. Ownership. The Plugin is licensed, not sold. The Developer and its licensors retain all right, title, and interest in and to the Plugin, including all intellectual property rights. Except for the limited license in Section 2.1, no rights are granted to You by implication or otherwise.
3. Restrictions
Except to the extent that applicable law expressly prohibits the following restrictions, You may not, and may not permit any third party to:
- (a) copy the Plugin except as expressly permitted in Section 2.1;
- (b) modify, adapt, translate, or create derivative works from the Plugin;
- (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or architecture of the Plugin, except to the limited extent that applicable law expressly requires that such activity be permitted despite this restriction;
- (d) sublicense, rent, lease, lend, sell, redistribute, publicly perform, or otherwise transfer the Plugin or any rights under this EULA;
- (e) remove, alter, or obscure any proprietary notices on or in the Plugin;
- (f) use the Plugin to develop a competing product by using non-public aspects of the Plugin obtained through prohibited reverse engineering; or
- (g) use the Plugin in any manner that violates applicable law or third-party rights.
4. Data Collection and Privacy
4.1. Nature of the Plugin. The Plugin is a time-tracking / activity-tracking tool. In order to provide its functionality, the Plugin may collect, process, and transmit data related to Your use of JetBrains Products, including without limitation:
- (a) paths, names, and other metadata of files and projects You work with;
- (b) time spent editing or otherwise interacting with those files and projects;
- (c) editor/IDE activity signals (for example, focus, edits, language, branch, and similar usage metrics); and
4.2. Your responsibilities. You are solely responsible for:
- (a) ensuring that Your use of the Plugin and any transmission of data complies with applicable laws (including employment, confidentiality, and data-protection laws);
- (b) obtaining any consents or authorizations required from Your employer, clients, or other data subjects; and
- (c) not using the Plugin on systems or repositories where such tracking is prohibited.
4.3. Privacy information. Additional details about processing of personal data, if applicable, may be provided in the Developer’s privacy policy or related notices published by the Developer. If there is a conflict between this EULA and a privacy policy regarding personal data processing, the privacy policy controls for that subject matter.
5. Support
5.1. The Developer may provide email support on a reasonable-efforts, as-available basis at info@timelyplatform.ru.
5.2. Support does not create any service-level commitment, response-time guarantee, or obligation to provide updates, bug fixes, or new features.
6. Updates
The Developer may, at its sole discretion, provide updates or upgrades to the Plugin. Updates may be installed through JetBrains Marketplace or other channels designated by the Developer. This EULA applies to all updates unless an update is accompanied by separate terms.
7. Third-Party Components and Services
The Plugin may interoperate with JetBrains Products and third-party services. Those products and services are governed by their own terms. The Developer is not responsible for third-party products or services, including their availability, security, or data practices, except to the extent required by applicable law.
8. Disclaimer of Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLUGIN IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND. YOUR USE OF THE PLUGIN IS AT YOUR OWN RISK.
THE DEVELOPER DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE DEVELOPER DOES NOT WARRANT THAT THE PLUGIN WILL MEET YOUR REQUIREMENTS; OPERATE WITHOUT INTERRUPTION OR ERROR; BE COMPATIBLE WITH ALL JETBRAINS PRODUCTS OR ENVIRONMENTS; CORRECTLY TRACK TIME OR ACTIVITY IN ALL CASES; OR BE FREE OF HARMFUL COMPONENTS.
NOTHING IN THIS EULA EXCLUDES OR LIMITS ANY WARRANTY OR RIGHT THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (INCLUDING MANDATORY CONSUMER RIGHTS, IF ANY).
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- (a) THE DEVELOPER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THIS EULA OR THE PLUGIN, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
- (b) THE DEVELOPER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS EULA OR THE PLUGIN WILL NOT EXCEED ONE THOUSAND (1,000) RUSSIAN RUBLES, OR, IF GREATER, THE AMOUNT REQUIRED AS A MINIMUM BY MANDATORY APPLICABLE LAW; AND
- (c) THE LIABILITY OF JETBRAINS, ITS AFFILIATES, AND JETBRAINS RESELLERS IS EXCLUDED IN ITS ENTIRETY, AS THEY ARE NOT PARTIES TO THIS EULA AND ARE NOT RESPONSIBLE FOR OR LIABLE TO YOU IN ANY WAY ARISING OUT OF OR RELATED TO THE PLUGIN OR THIS EULA.
THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, EXCEPT WHERE PROHIBITED BY LAW.
10. Termination
10.1. This EULA remains in effect until terminated.
10.2. You may terminate this EULA at any time by uninstalling the Plugin and destroying all copies in Your possession or control.
10.3. The Developer may terminate this EULA immediately if You materially breach it. Upon termination, Your license ends and You must stop using the Plugin and destroy all copies.
10.4. Sections 2.2, 2.3, 3, 4, 7, 8, 9, 11, and 12 survive termination.
11. Governing Law and Dispute Resolution
11.1. This EULA is governed by the laws of the Russian Federation, without regard to conflict-of-law principles.
11.2. Subject to mandatory provisions of applicable law, disputes arising out of or relating to this EULA shall be resolved by the competent courts at the location of the Developer, unless a mandatory venue applies for consumers.
12. General
12.1. Entire agreement. This EULA constitutes the entire agreement between You and the Developer regarding the Plugin and supersedes prior or contemporaneous understandings on that subject.
12.2. Changes. The Developer may update this EULA from time to time by publishing a new version and updating the “Last updated” date. Continued use of the Plugin after the effective date of changes constitutes acceptance of the updated EULA, except where acceptance must be obtained in another form under applicable law.
12.3. Severability. If any provision of this EULA is held unenforceable, the remaining provisions remain in full force and effect.
12.4. No waiver. Failure to enforce any provision is not a waiver of that provision or any other provision.
12.5. Assignment. You may not assign this EULA without the Developer’s prior written consent. The Developer may assign this EULA in connection with a corporate reorganization, merger, or sale of assets.
12.6. Contact. For questions about this EULA or support, contact: info@timelyplatform.ru.
13. Developer details
- Legal name: Individual Entrepreneur Philip Mikhailovich Poteryaev (ИП Потеряев Филипп Михайлович)
- Product: Timely
- Support / legal contact: info@timelyplatform.ru
- Governing law: Russian Federation