Terms of Service
By using the agilezen.com web site ("Service"), a service of Rally Software Development Corp. ("Rally"), you are agreeing to be bound by these terms and conditions ("Terms of Service").
Rally reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://help.agilezen.com/faqs/policies/terms-of-service.
Violation of any of the terms below will result in the termination of your Account. While Rally prohibits such conduct and Content on the Service, you understand and agree that Rally cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Accounts and Logins
- You must be 13 years or older to use the Service.
- Your account must be registered by a person. Accounts registered by automated methods are not permitted.
- You must provide a legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person. A single login shared by multiple people is not permitted. Each person within a company must have his or her own user login.
- One person or legal entity may not maintain more than one free account.
- You are responsible for maintaining the security of your account and password. Rally cannot and will not be liable for any loss or damage from your failure to comply with this obligation.
- You are responsible for all Content posted and activity that occurs in projects created under your account, even if said Content is posted by other members of the project ("Collaborators").
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, and Upgrading and Downgrading
- A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
- If you upgrade from a free account to any paying account, you will be charged for your first month immediately upon upgrading.
- The Service is billed in advance on a monthly basis. You will be automatically billed for the monthly service on the day of your signup and every following 30 days.
- All accounts come with a 30-day money-back guarantee; if you cancel your account or downgrade to a free plan during the first 30 days, all charges (including the initial purchase and any pro-rata fees for upgrades, if applicable) will be automatically refunded.
- After the first 30 days, all charges are non-refundable, and there will be no refunds or credits for partial months of service, downgraded accounts, or months unused with an open account.
- If you do not provide payment, Rally reserves the right to immediately deny access to your account until payment is received.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- If you upgrade your account, you will be immediately charged the pro-rated difference between your previous plan and the newly-selected plan. On your next billing cycle, you will be charged the full amount of the new plan.
- If you downgrade your account, you will be charged the amount of the newly-selected plan on your next billing cycle. You will not receive a refund for the difference in plan prices for the partial month.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Rally does not accept any liability for such loss.
- If you choose to downgrade your account, your Account must fit within the restrictions (number of projects, Collaborators, etc.) of the new plan selected.
Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking the Cancel button from your dashboard within the application.
- All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is canceled.
- If you cancel the Service before the end of the month for which you have already been billed, the difference will not be refunded for a partial month.
- Rally, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Rally service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Rally reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service
- Rally reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us.
- Rally shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and any Content created under your account remain yours.
- Rally does not pre-screen Content, but Rally and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The look and feel of the Service is copyright ©2010 Rally Software Development Corp. All rights reserved. You may not duplicate, copy, or reuse any portion of the visual design or underlying code without express written permission from Rally.
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
- Technical support is only provided to paying account holders.
- You understand that Rally uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Rally, or any other Rally service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Rally.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Rally customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Rally) of other AgileZen customers, we reserve the right to immediately disable or throttle your account until you reduce your bandwidth consumption.
- RALLY MAKES NO WARRANTY CONCERNING THE SERVICE. ACCORDINGLY, SERVICE AND ALL OTHER DATA, MATERIALS, AND DOCUMENTATION PROVIDED IN CONNECTION WITH THIS AGREEMENT BY RALLY AND ITS SUPPLIERS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. RALLY AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. RALLY DOES NOT WARRANT THAT THE SERVICE WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, COMPLETELY SECURE OR VIRUS-FREE.
- RALLY'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISNG FROM OR IN CONNECTION WITH THIS AGREEMENT (UNDER ANY LEGAL THEORY INCLUDING CLAIMS IN CONTRACT OR TORT), AND THE SERVICE, WILL NOT EXCEED: (A) ONE HUNDRED DOLLARS ($100) IN THE CASE OF CUSTOMERS USING THE FREE SERVICE OR (B) IN THE CASE OF CUSTOMERS PURCHASING SERVICES, THE AMOUNTS ACTUALLY PAID TO RALLY BY SUCH CUSTOMER FOR THE AGILEZEN.COM SERVICE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE FORMAL WRITTEN NOTICE OF THE CLAIM FOR LIABILITY HEREUNDER. ALL CLAIMS AGAINST RALLY WILL BE AGGREGATED TO SATISFY THIS LIMIT AND MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. IN NO EVENT WILL RALLY BE LIABLE FOR SPECIAL, INCIDENTAL, DIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (UNDER ANY LEGAL THEORY INCLUDING CLAIMS IN CONTRACT OR TORT), INCLUDING, BUT NOT LIMITED TO, INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS, AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF ANY INFORMATION OR DATA OR OF THE SERVICE, EVEN IF RALLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
- The failure of Rally to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Rally and govern your use of the Service, superseding any prior agreements between you and Rally (including, but not limited to, any prior versions of the Terms of Service).