Terms & Conditions
Effective date: 8 Jan 2024
Last amended on: 8 Jan 2024
Thank you for visiting my Website and for your interest in the products and services provided by Scrum Dragon. Please read the following Terms and Conditions carefully. They govern your access and use of this Website and refer to the Scrum Dragon License Agreement governing the terms of use of Boards | Templates and Scenarios.
THESE TERMS SHOULD BE THOROUGHLY READ BEFORE THE FIRST USE OF THE WEBSITE. BY ACCESSING, BROWSING OR USING THIS WEBSITE IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED BY Scrum Dragon. IF YOU DO NOT ACCEPT THESE TERMS, YOU SHOULD STOP USING THIS WEBSITE.
1. [GENERAL PROVISIONS]
1.1 These Terms expressly or by reference to other documents provide:
⎯ general rules governing the use of the Website and the rights and obligations of the Users;
⎯ information on Scrum Dragon and its distribution channels, along with the reference to the License Agreement;
⎯ information on the IT Consulting provided by Scrum Dragon;
⎯ provision of the Newsletter service.
1.2 The Website owner is Agnieszka Topczewska-Pińczuk address: Nowogródzka 4, 15-490 Białystok, Poland ("Scrum Dragon").
1.3 In any case related to these Terms, the User may contact Scrum Dragon at: a.m.topczewska[@]gmail. com.
2. [DEFINITIONS AND INTERPRETATION]
2.1 For purposes of these Terms, the following capitalized terms used herein shall have the meaning given to them below:
- Act on Provision of Electronic Services means Act of 18 July 2002 on the provision of electronic services (J.L. no. 144, item 1204, as amended);
- Civil Code means the Act of 23 April 1964, the Civil Code (J.L of 2020, item 1740, as amended);
- Consumer means a natural person who performs a legal act unrelated directly to its business or professional activity;
- Consumer Rights Act means the Act of 30 May 2014 on consumer rights (J.L of 2014, item 827, as amended);
- Copyrights Act means the Act of 4 February 1994 on copyright and related rights (J.L of 1994, item 83, as amended);
- End-User means Scrum Dragon end-user;
- Gumroad means Gumroad Inc., a Delaware corporation managing the Gumroad Platform;
- Gumroad Platform means self-publishing digital marketplace platform to sell digital content available at: https://gumroad.com;
- Gumroad Terms means Gumroad Platform Terms of Service (User Agreement) and Privacy Policy available at https://gumroad.com/ (Gumroad Platform) or any other documents, setting the rights and obligations of access to Gumroad Platform;
- Information means any data, information, or other content entered into the Website or sent through, to or from the Website;
- Intellectual Property means technical information and data of all kinds, whether subject to statutory protection or not, including but not limited to inventions, drawings, designs, templates, boards, scenarios, know-how and trade secrets or other confidential or proprietary information (in whatever form and on whatever medium stored or held) acquired, created, developed, designed or otherwise prepared, utilized or relied upon by Scrum Dragon;
- Intellectual Property Rights mean patents, patent applications, registered and unregistered designs, design rights, copyrights, database rights, trademarks, and other like forms of statutory protection conferring rights in Intellectual Property, as well as rights arising as a result of the application of the laws of confidentiality or contracts, in appropriate circumstances, to trade secrets and unpublished know-how;
- IT Consulting means IT consulting services provided by Scrum Dragon to the Users, the scope of which may be agreed individually between Scrum Dragon and the User beyond the functionalities of this Website;
- License Agreement means the agreement setting forth terms and conditions under which Scrum Dragon grants the license to download, install, access, use, modify and distribute products;
- Newsletter means an electronic service consisting of occasional sending by Scrum Dragon of up-to-date information about Scrum Dragon activities, or commercial information concerning Scrum Dragon products or services, including IT Consulting services, to Users who have subscribed to the Newsletter;
- Personal Data means any information related to an identified or identifiable natural person;
- Privacy Policy means our privacy statement, published at the link https://scrumdragon.com/privacy
- Subscription Plan means Scrum Dragon Subscription Plan as prescribed in the Subscription Plan/License Plan Section of Gumroad;
- Terms mean these terms and conditions of use of the Website;
- User means any natural person visiting the Website or using the services available on the Website, as the case may be;
- Scrum Dragon has the meaning ascribed to it in section 1.2 above.
- Website means https://scrumdragon.com and its subpages are owned by Scrum Dragon;
2.2 Any capitalized terms defined herein shall have the same meaning in the entire Terms, regardless of their grammatical form, unless these Terms expressly provide otherwise.
2.3 These Terms shall be read and interpreted in connection with the content of the Website, and as the case may be, with the content of Gumroad Platform or Gumroad Platform License Agreement.
2.4 The section titles in the Terms are for convenience only and have no legal effect.
3. [APPLICABILITY]
3.1 These Terms apply to all Users of the Website without any limitations.
3.2 By accessing, browsing, searching or using the Website in any other way, the User hereby acknowledges that he/she has read, understood and accepted these Terms and any additional documents or policies incorporated into or referred to in these Terms. Page
3.3 In case of any material change to these Terms since the last use of the Website, the User acknowledges and agrees that its continued access to the Website constitutes its acceptance of the changed Terms.
4. [TECHNICAL REQUIREMENTS]
4.1 The minimum technical requirements for the Users to use the Website are:
a) a functioning device with access to a stable Internet connection (e.g. computer, tablet, smartphone);
b) updated and correctly configured Internet browser with cookies enabled.
4.2 As the Internet is an open network that can be accessed by anyone, making it a space with limited security, the use of the Website via the Internet is connected with the threats such as e.g. malware, spam, and intrusion into User's IT systems that the User should be aware of.
4.3 Scrum Dragon applies modern means to mitigate as much as possible the potential risk of the threats connected with the use of the Website and advises the Users that they also undertake actions to limit these risks when browsing the Website, such as e.g. use of the original system and applications from legal sources, regular update of the software, use of anti-virus software and active firewall, deletion of emails of unknown origin.
5. [PURPOSE OF THE WEBSITE, NO OFFER]
5.1 The purpose of this Website is to The purpose of Site is to provide users with Retro boards | templates and User scenarios that are owned by Scrum Dragon and activities of Scrum Dragon in the area of IT consulting.
5.2 The User's orders for Scrum Dragon products or services shall be placed on the Website or on https://scrumdragon.gumroad.com/ Platform.
5.3 Scrum Dragon reserves the right to reject any inquiries made based on the content of the Website, construed as an offer.
6. [USE OF THE WEBSITE]
6.1 The User shall use the Website in a manner consistent with its intended purpose described in section 5 above and following all applicable laws and these Terms.
6.2 In particular, the User shall not:
a) provide any unlawful content, including offensive, untrue, immoral, promoting violence or hatred Information;
b) take actions aimed at disrupting the functioning of the Website and gaining access to Information or data not intended for the User;
c) use the Website to distribute spam or unsolicited commercial information;
d) provide misleading or false data when using the Website, including in particular fictitious or somebody else's Personal Data for contact purposes;
e) undertake any actions contrary to these Terms, applicable laws, morality, social conduct rules or violating the rights and interests of Scrum Dragon, other Users or any third parties.
6.3 Scrum Dragon shall immediately delete any illegal content from the Website; however, it may keep it for archiving or statistical purposes and for pursuing potential claims or liability purposes if this complies with mandatory rules of law.
6.4 Access to the Website is provided by Scrum Dragon at its own discretion. Scrum Dragon does not warrant that the Website or any content therein will always be available or that access to it will not be permanently or temporarily impaired; in particular, Scrum Dragon is able to suspend, discontinue or modify any elements of the Website without notice.
6.5 Scrum Dragon does not bear any liability for lack of access or restricted access to the Website for any reason at any time and during any term.
6.6 Scrum Dragon shall not be responsible for the Information transmitted through the Website, nor can it guarantee full security of the communications conducted via the Website.
7. [INTELLECTUAL PROPERTY RIGHTS]
7.1 The content of the Website, in particular the works, trademarks, logos, service marks and trade names published on the Website, are protected by Intellectual Property law, in particular the Copyrights Act.
7.2 Scrum Dragon is the owner or licensee of all Intellectual Property Rights vested in the Website.
7.3 The use of the Website does not imply acquiring by the User any Intellectual Property Rights to the content of the Website.
7.4 The User shall strictly observe Scrum Dragon's Intellectual Property Rights. In particular, it is forbidden to:
a) copy, distribute, sell, use or modify any information or components of the Website, either in whole or in part, in any manner whatsoever, including online and on storage media;
b) send, publish, disseminate, modify, develop, re-use or market the content of the Website in any way that would exceed permitted personal use, in any manner whatsoever, in particular, online or on storage media;
c) place links to the Website in a manner that could prevent source identification;
d) interfere with the Website's software code;
e) attempt to gain unauthorized access to the Website, the server on which the Website is stored, the computer or databases associated with the Website;
f) use software interfering with the Website's operation;
g) use the Website for a purpose or in a manner other than the one specified in these Terms, in particular for commercial purposes.
7.5 The User hereby represents that any Information sent, used or stored by the User on or through the Website is free from any legal defects or claims of any third parties. The User shall have all rights and authorizations required for sending, using and storing such Information, and such activities shall not infringe the rights or property of any third parties and mandatory provisions of the applicable law.
7.6 The User authorizes Scrum Dragon to store on the Website, free of charge, the Information provided by the User and use it in such a manner as shall be required to comply with the purpose for which it was provided.
8. [BOARDS | TEMPLATES & SCENARIOS]
8.1 BOARDS | TEMPLATES & SCENARIOS is the property of Scrum Dragon that holds all Intellectual Property Rights, including copyrights to BOARDS | TEMPLATES & SCENARIOS and its components.
8.2 BOARDS | TEMPLATES & SCENARIOS may be purchased by the End-User at Gumroad Platform, which is among the BOARDS | TEMPLATES & SCENARIOS distribution channels used by Scrum Dragon.
8.3 No ownership of BOARDS | TEMPLATES & SCENARIOS is transferred to the End-User.
8.4 By purchasing BOARDS | TEMPLATES & SCENARIOS through the Gumroad Platform, the purchaser unconditionally agrees to be bound by the Gumroad Terms and License Agreement respectively, published (including through a link) on the Gumroad Platform applicable at the time of purchase, and other generally applicable provisions of law governing the Gumroad Platform respectively.
8.5 For the avoidance of doubt, Scrum Dragon is the licensor of BOARDS | TEMPLATES & SCENARIOS, and BOARDS | TEMPLATES & SCENARIOS End-User purchasing on Gumroad.
8.6 To the maximum extent permitted by the applicable law, Scrum Dragon shall not be liable in any way for respectively Gumroad Platform operations or any breach of rights and obligations under the agreement executed between the End-User and Gumroad upon acceptance of the Gumroad Terms in connection with the purchase of BOARDS | TEMPLATES & SCENARIOS through Gumroad Platform.
8.7 Scrum Dragon reserves the right to choose BOARDS | TEMPLATES & SCENARIOS distribution channels at its own discretion. Scrum Dragon can also distribute BOARDS | TEMPLATES & SCENARIOS through distribution channels other than Gumroad.
8.8 Any inquiries regarding the purchase of BOARDS | TEMPLATES & SCENARIOS may be submitted to the following email address: a.m.topczewska[@]gmail.com.
9. [IT CONSULTING]
9.1 The Website provides the Users with information on Scrum Dragon activity in the field of IT Consulting, in particular in connection with the use of BOARDS | TEMPLATES & SCENARIOS.
9.2 To obtain more detailed commercial information on the scope of the services provided by Scrum Dragon as IT Consulting, the User may contact Scrum Dragon.
9.3 Obtaining the information on Scrum Dragon IT Consulting requires providing the User's email address for the purpose of contact and granting consent to send commercial information by Scrum Dragon.
10. [NEWSLETTER]
10.1 The User may subscribe to the Newsletter if the Website enables such functionality.
10.2 By subscribing to the Newsletter, the User agrees to receive a Newsletter from Scrum Dragon to the email address provided by the User, with the frequency specified on the Website.
10.3 The Newsletter service is free of charge, for an unlimited term.
10.4 Provision of the Newsletter service requires providing the User's email address.
10.5 The User has the right to unsubscribe from the Newsletter subscription list at any time by clicking "unsubscribe" at the bottom of the Newsletter email. In such case, the Newsletter service is terminated.
10.6 The Consumer may also withdraw from the Newsletter service within 14 (fourteen) days of the date of placing an order for the Newsletter by submitting a statement on withdrawal to a.m.topczewska[@]gmail. com. To observe the term for withdrawal it is sufficient to send the information on the withdrawal before the deadline. In case of withdrawal, the Newsletter service agreement is considered not concluded.
10.7 Scrum Dragon may terminate the Newsletter service with immediate effect with respect to all Users that subscribed to the Newsletter, for any cause.
10.8 The User may report any complaints related to the Newsletter service to a.m.topczewska[@]gmail. com, including data on the person submitting the complaint and a description of irregularities in the Newsletter service. Scrum Dragon shall handle the complaint within 14 (fourteen) days of their receipt.
10.9 The Consumer is also entitled to use out-of-court complaint and claims enforcement procedures, particularly with the support of the municipal (district) Consumer Ombudsman or the European online platform for dispute resolution (ODR) between entrepreneurs and consumers, available at the following web address: http://ec.europa.eu/consumers/odr.
10.10 Provisions of this section 9 referring to the Consumers shall apply accordingly to the Users being entrepreneurs running a sole proprietorship, entering into contracts of a non-professional nature granted a Consumer nature rights under the provisions of law.
11. [WEBSITE OPERATION ISSUES]
11.1 The User may report any issues related to the Website operation to a.m.topczewska[@]gmail. com.
11.2 Whenever such notification is made, Scrum Dragon shall promptly contact GumRoad Platform to fix an issue.
11.3 Fixing the issue may interfere with the operations of the Website.
11.4 Scrum Dragon may freely decide not to fix minor issues that do not prevent the use of the Website.
12. [LIABILITY]
12.1 To the maximum extent provided by the applicable law, Scrum Dragon's liability for damages related to the access to or use of the Website is excluded. In particular, Scrum Dragon shall in no circumstances be liable for lost profits, loss of data, damage to business continuity, loss of reputation or claims of any third parties under any title whatsoever.
12.2 Scrum Dragon shall not be liable for damages caused by viruses and other software, by accessing or downloading materials from the Website, disruptions in access to the Website, User's equipment malfunctions, Internet connection cuts, malfunctions of telecommunication systems or software installed on User's computer equipment.
12.3 If the User downloads any content from the Website, it is at its own risk and responsibility.
12.4 The User shall indemnify and hold harmless Scrum Dragon, its affiliates, licensors and their respective officers, directors, employees or contractors from and against any third-party claims resulting from the User's violation of these Terms.
13. [PRIVACY POLICY]
13.1 Scrum Dragon cares about the Users' privacy and implements appropriate personal data protection standards when they visit the Website or contact Scrum Dragon via phone or email.
13.2 Rights of the Users referring to data privacy are included in the Privacy Policy.
14. [COOKIES POLICY]
14.1 Scrum Dragon collects information about the User's behavior on the Website by using cookies.
14.2 More information about storing and gaining access to cookies is included in the Scrum Dragon Cookies Policy.
15. [AMENDMENTS]
15.1 Scrum Dragon is entitled to amend these Terms at any time, for any reason, at its own discretion, in particular, if at least one of the following important reasons occurs:
a) change of Scrum Dragon data;
b) changes in the provisions of law having a direct impact on the content of these Terms or Scrum Dragon business;
c) issuance of decisions or rulings of administrative bodies or courts affecting the operations of the Website;
d) implementation of new technological solutions concerning the Website or aimed at improving the operation of the Website;
e) implementation of solutions aimed at improving privacy and preventing abuses;
f) need to remove the ambiguities, errors, or typing mistakes that have appeared herein.
15.2 Scrum Dragon shall inform the Users of the amendments to these Terms by publishing amended Terms on the Website.
15.3 The User agrees to be bound by the amended Terms by continued use of the Website.
15.4 Privacy Policy or Cookies Policy referred to in these Terms may be amended by Scrum Dragon irrespective of these Terms, as the case may be.
16. [SEVERABILITY]
16.1 If any provision of these Terms turns out to be invalid, redundant or unenforceable, such a provision or its part, to the relevant extent, shall be interpreted as removed, while other provisions of these Terms shall remain intact and shall continue to be in force.
16.2 If any redundant, unenforceable or invalid provision of these Terms turns out to be necessary, enforceable and valid after the removal of a part of the provision, then it shall apply following the introduction of a modification to the smallest extent required for it to be deemed necessary, valid and enforceable to reflect Scrum Dragon intentions.
17. [GOVERNING LAW]
17.1 These Terms shall be governed by Polish law, particularly provisions of the Civil Code, Copyrights Act, Act on Provision of Electronic Services and GDPR.
17.2 Irrespective of the above, the Users shall benefit from any overriding mandatory provisions of their country or region of residence, if applicable to them.
18. [JURISDICTION]
18.1 Any doubts, claims, disputes or matters arising out of or in connection with these Terms as to the validity, performance, termination or interpretation thereof shall be resolved through negotiations. Should the negotiations fail, a Polish court competent for Scrum Dragon's registered office in Białystok, Poland, shall resolve any of the above.
19. [NO ASSIGNMENT]
19.1 The Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by the User, but may be assigned or transferred by Scrum Dragon without any limitations.