1. Capable Works Limited (Company Number: 14563835), a UK company (the  Publisher) is the licensor of the on-demand application and downloadable software applications (the Marketplace Product) that interoperate with applicable Atlassian Products (as defined in the Atlassian Marketplace Terms of Use).

2. This Agreement is effective as of the date you first download the Marketplace Product (the “Effective Date”). This Agreement does not have to be signed in order to be binding. You indicate your assent to this Agreement by downloading the Marketplace Product.

3. The Publisher grants you a limited, worldwide, non-exclusive, non-transferable and non-sublicensable license to download and use the Marketplace Product only on hardware systems owned, leased or controlled by you.

4. Licenses granted by Publisher are granted subject to the condition that you must ensure the maximum number of Authorized Users that are able to access and use the Marketplace Product concurrently is equal to the number of User Licenses for which the necessary fees have been paid to Atlassian and/or its authorized partners. You may purchase additional User Licenses at any time on payment of the appropriate fees to Atlassian or an Atlassian Expert. "User License" means a license granted under this EULA to you to permit an Authorized User to use the Marketplace Product. The number of User Licenses granted to you is dependent on the fees paid by you. "Authorized User" means a person who accesses and uses a Marketplace Product under the EULA and for which the necessary fees have been paid to Atlassian and/or an Atlassian Expert.

5. Any information that Publisher collects from you or your device will be subject to the privacy notice, or similar terms that the Publisher provides to you. You agree that Publisher may collect and use technical data and related information, including without limitation, technical information relating to your device, system, the Marketplace Product, that is gathered periodically to facilitate the provision of software updates, product support, marketing efforts and other services to you related to the Marketplace Product. Publisher may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technology to you.

6. You may not modify, reverse engineer, decompile or disassemble the Marketplace Product in whole or in part, or create any derivative works from or sublicense any rights in the Marketplace Product, unless otherwise expressly authorized in writing by Publisher.

7. The Marketplace Product is protected by copyright and other intellectual property laws and treaties. The Publisher or its licensors own all title, copyright and other intellectual property rights in the Marketplace Product, and the Marketplace Product is licensed to you directly by the Publisher, not sold.You will defend, indemnify and hold harmless the Publisher from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) resulting from any claim arising from or related to any claims or disputes brought by your End Users arising out of their use of the Marketplace Product. This indemnification obligation is subject to you receiving (a) prompt written notice of such claim (but in any event notice in sufficient time for you to respond without prejudice); (b) the exclusive right to control and direct the investigation, defense or settlement of such claim and (c) all reasonable necessary cooperation by us at your expense.

8. We warrant, for your benefit only, that we use commercially reasonable efforts to prevent the introduction of viruses, Trojan horses or similar harmful materials into the Marketplace Product. THE MARKETPLACE PRODUCT, SUPPORT AND ADDITIONAL SERVICES ARE PROVIDED “AS IS,” AND THE PUBLISHER EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING OUR EXPRESS OBLIGATIONS IN THIS AGREEMENT, WE DO NOT WARRANT THAT YOUR USE OF THE MARKETPLACE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT WE WILL REVIEW YOUR DATA FOR ACCURACY OR THAT WE WILL PRESERVE OR MAINTAIN YOUR DATA WITHOUT LOSS. YOU UNDERSTAND THAT USE OF THE MARKETPLACE PRODUCT NECESSARILY INVOLVES TRANSMISSION OF YOUR DATA OVER NETWORKS THAT THE PUBLISHER DO NOT OWN, OPERATE OR CONTROL, AND WE ARE NOT RESPONSIBLE FOR ANY OF YOUR DATA LOST, ALTERED, INTERCEPTED OR STORED ACROSS SUCH NETWORKS. THE PUBLISHER WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL.

9. CUSTOMER CONTENT AND INDEMNITY (FOR CONTENT ON CAPABLE SITES)

9.1 Customer Content Definition

"Customer Content" means all text, images, code, templates, documents, domains, media files, metadata, and any other material that the Customer uploads, generates, publishes, or hosts through the Service, including all static websites produced by the Service.

9.2 Customer Ownership and Warranties

The Customer retains all ownership rights to their Customer Content.
By using the Service, the Customer represents and warrants that:
(a) They own or have all necessary rights, licenses, and permissions to upload, generate, publish, and host all Customer Content on the Service;
(b) The Customer Content does not infringe, misappropriate, or violate any third-party intellectual property rights, including copyright, trademark, patent, trade secret, or moral rights;
(c) The Customer Content is lawful, not defamatory, not obscene, not harassing, and does not violate any applicable laws, regulations, or third-party rights;
(d) They comply with all laws applicable to their published content, including data protection laws (UK GDPR and Data Protection Act 2018), copyright law, consumer protection laws, advertising standards (ASA/CAP Code), equality and non-discrimination laws, and any sector-specific regulations (e.g., FCA rules for financial services);
(e) They are solely responsible for obtaining any necessary consents or permissions from visitors to their hosted websites, including for cookies, analytics, and data collection;
(f) They have implemented appropriate privacy disclosures, cookie banners, accessibility measures, and other legal requirements for their hosted websites;
(g) Any third-party scripts, widgets, analytics, or integrations embedded in their hosted site are used in compliance with the third party's terms and applicable law.

9.3 No Capable Review or Liability for Customer Content

Capable does not review, monitor, or approve Customer Content before or after publication. Capable is under no obligation to verify the legality, accuracy, or compliance of any Customer Content. Capable makes no representations or warranties regarding the legality or compliance of Customer Content hosted through the Service.

The Customer is solely responsible for their Customer Content and their hosted websites, including all content displayed on them. Capable is not liable for any claims, damages, or losses arising from Customer Content.

9.4 Customer Indemnity

The Customer shall indemnify, defend, and hold harmless Capable, its directors, employees, contractors, and affiliates from and against all claims, liabilities, damages, losses, costs, expenses, and reasonable legal fees (including solicitors' fees on a full indemnity basis) arising out of or relating to:
(a) Any Customer Content hosted on Capable's servers or published through the Service;
(b) Any claim that Customer Content infringes, misappropriates, or violates any third-party intellectual property rights;
(c) Any claim that Customer Content is unlawful, defamatory, obscene, harassing, or in violation of applicable laws, regulations, or third-party rights;
(d) The Customer's compliance with laws applicable to their hosted websites, including but not limited to data protection, copyright, consumer protection, advertising standards, equality, and sector-specific regulations;
(e) Any third-party claims related to the Customer's hosted websites, including claims from visitors, competitors, rights holders, regulatory bodies, or third-party service providers;
(f) The Customer's use of third-party integrations, scripts, widgets, analytics, or services embedded in their hosted site;
(g) Any breach of this Section 9 by the Customer.
This indemnity applies regardless of whether Capable had knowledge of, involvement in, or ability to control the disputed content or situation.

9.5 Content Takedown and Suspension

Capable reserves the right, in its sole discretion and without prior notice, to:
(a) Remove, disable access to, or block any Customer Content or hosted website that Capable reasonably believes violates these Terms, poses a security risk, creates legal or regulatory risk, or harms Capable's reputation or operations;
(b) Suspend the Customer's account or access to the Service immediately upon reasonable belief of abuse, security threat, illegal activity, or material breach of this Section 9;
(c) Take down specific published sites while keeping the Customer's account active, where appropriate.
Capable's exercise of these rights does not constitute a failure of service and does not create any liability or refund obligation.

9.6 No Obligation to Host

Capable is not obligated to host any Customer Content and may refuse to accept or continue hosting any content for any reason, including where Capable determines the content creates unacceptable legal, security, or operational risk.

9.7 Data Export and Deletion After Termination

Upon termination of the Service:
(a) Capable will provide the Customer a reasonable opportunity (up to 30 days) to export their Customer Content and generated static sites;
(b) After the retention period, Capable may permanently delete all Customer Content from its systems without further notice;
(c) The Customer is responsible for maintaining their own backups of Customer Content;
(d) Capable is not liable for any loss of Customer Content resulting from termination, deletion, system failure, or the Customer's failure to export or backup.

10. The Publisher has the right to use Your name for commercial purposes (e.g. marketing) and/or to include your name and/or logos in the Publishers clients list. The Publisher will stop using Your name and/or logos upon request.

11. The Publisher may modify this Agreement from time to time by updating this document.

For communications concerning this Agreement, please write to support@gocapable.com

These Capable Sites Supplemental Terms (“Capable Sites Terms”) apply only to the Capable Sites hosting and publishing service (“Capable Sites”). They supplement, and where there is a conflict, prevail over, the general Capable End-User License Agreement (“Main EULA”) for all matters relating specifically to Capable Sites.

1. Scope of Capable Sites
Capable Sites is a hosted service that allows Customers to generate, publish, and host static websites, preview environments, and related site assets on Capable infrastructure or third-party infrastructure operated by Capable. Capable Sites may include build processing, site previews, custom domains, SSL/TLS certificate provisioning, content delivery, monitoring, and related operational features.Capable Sites does not include, and Capable does not provide, application hosting, databases, server-side code execution, email hosting, or any other runtime services unless expressly stated in a separate written agreement.

2. Customer Content
“Customer Content” means all text, images, code, templates, documents, media, metadata, domain configuration, and other material uploaded, submitted, generated, published, or hosted by or for the Customer through Capable Sites, including all websites and site outputs produced using the service.

The Customer retains all rights it has in Customer Content. The Customer represents and warrants that it has all rights, licences, permissions, and consents necessary to use, publish, and host the Customer Content through Capable Sites, and that such content does not infringe any third-party rights or violate applicable law. The Customer is solely responsible for Customer Content, including its legality, accuracy, accessibility, privacy notices, cookie banners, third-party scripts, analytics tools, embedded widgets, and compliance with all applicable laws and regulations.

3. No Review Obligation
Capable does not review, pre-screen, monitor, or approve Customer Content and has no obligation to do so. Capable does not guarantee that Customer Content is lawful, accurate, complete, non-infringing, or compliant with any law or regulation.Capable may, but is not required to, investigate or take action in response to complaints or suspected violations relating to Customer Content.

4. Acceptable Use
The Customer must not use Capable Sites to host, publish, distribute, or link to any content or activity that:is unlawful, defamatory, obscene, harassing, discriminatory, hateful, or exploitative;infringes intellectual property rights or other third-party rights;contains malware, phishing, spam, deceptive code, or harmful scripts;attempts unauthorized access, scanning, scraping, or security attacks;violates applicable advertising, consumer protection, privacy, or data protection laws; orcreates a material security, legal, reputational, or operational risk to Capable or any third party.Capable may suspend, disable, or remove any site or content that it reasonably believes breaches this section.

5. Custom Domains
If Capable Sites permits use of a custom domain, the Customer is responsible for:owning or controlling the domain;maintaining accurate DNS records and registrar settings;completing all verification steps required by Capable; andensuring the domain does not infringe the rights of any third party.Capable is not responsible for DNS propagation delays, registrar outages, certificate issuance failures caused by third-party systems, or misconfiguration by the Customer. Capable may refuse or disable a domain if the Customer cannot demonstrate control of it or if use of the domain creates legal, security, or operational risk.

6. Security and Abuse
The Customer must not use Capable Sites in a way that places Capable infrastructure, other customers, or third parties at risk. This includes excessive automated requests, abusive build activity, denial-of-service behaviour, credential abuse, exploitation attempts, or other conduct that degrades service performance or security.Capable may rate-limit, throttle, suspend, or terminate access to Capable Sites immediately where necessary to protect the platform, users, or third parties.

7. Availability and Maintenance
Capable Sites is provided on an “as available” basis. Capable does not guarantee uninterrupted, error-free, or completely secure operation.Capable may perform scheduled or emergency maintenance, updates, migrations, or changes to Capable Sites at any time. To the extent practicable, Capable will use reasonable efforts to provide advance notice of scheduled downtime.Capable is not responsible for outages, delays, or failures caused by third-party services, internet providers, registrars, DNS providers, certificate authorities, cloud vendors, or customer misconfiguration.

8. Suspension and Takedown
Capable may suspend or restrict access to all or part of Capable Sites, or remove hosted content, immediately and without liability if Capable reasonably believes:the Customer has breached these Terms or the Main EULA;the Customer Content is unlawful or infringing;the hosted site creates a security, legal, regulatory, or reputational risk;the Customer has failed to pay applicable fees;the Customer’s use of Capable Sites threatens service stability or other users.Where practicable, Capable may give notice before suspension, but is not required to do so where immediate action is needed.

9. Customer Indemnity
The Customer shall indemnify, defend, and hold harmless Capable, its affiliates, officers, employees, contractors, and agents from and against any and all claims, demands, actions, proceedings, liabilities, losses, damages, costs, and expenses, including reasonable legal fees, arising out of or relating to: Customer Content hosted or published through Capable Sites;any allegation that Customer Content infringes, misappropriates, or violates any third-party rights;any allegation that Customer Content is unlawful, defamatory, misleading, or otherwise unlawful; the Customer’s use of third-party services, scripts, widgets, analytics, or integrations in connection with Capable Sites;the Customer’s breach of applicable law in connection with hosted websites; orthe Customer’s breach of these Capable Sites Terms. This indemnity applies regardless of whether Capable had knowledge of, control over, or involvement in the relevant content or conduct.

10. Backups, Export, and Deletion
The Customer is solely responsible for maintaining backups of all Customer Content and generated site files. Capable does not guarantee that any Customer Content will be retained after termination or suspension.Capable may provide an export window after termination or cancellation, if and to the extent Capable chooses to do so or is required by law. After any applicable retention period, Capable may delete Customer Content and related site data permanently and without further notice. Capable is not liable for loss of Customer Content, site output, configuration, or related data resulting from termination, deletion, suspension, system failure, or the Customer’s failure to export or back up such data.

11. Intellectual Property
As between the parties, Capable and its licensors retain all rights in and to Capable Sites, including the platform, software, workflows, templates, UI, documentation, and associated technology, excluding Customer Content. Nothing in these Terms transfers ownership of Capable’s underlying platform or technology to the Customer. Unless expressly stated otherwise in a separate agreement, any templates, components, or features provided by Capable remain Capable’s intellectual property.

12. Fees and Changes
If Capable Sites is offered on a subscription or usage basis, the Customer must pay all applicable fees in accordance with the pricing plan selected.Capable may modify prices, usage limits, features, or service levels for Capable Sites on notice as required by the Main EULA or applicable law. Continued use after the effective date of a change constitutes acceptance of the revised terms.

13. Limitation of Liability
To the maximum extent permitted by law, Capable shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, goodwill, data, or business interruption arising from Capable Sites.Capable’s total aggregate liability arising out of or in connection with Capable Sites shall be limited to the amount paid by the Customer for Capable Sites in the twelve months preceding the event giving rise to the claim, except to the extent liability cannot lawfully be limited.

14. Order of Precedence
If there is a conflict between these Capable Sites Terms and the Main EULA, these Capable Sites Terms prevail solely with respect to Capable Sites. For all other matters, the Main EULA remains in full force and effect.

15. General
These Capable Sites Terms may be updated from time to time. Continued use of Capable Sites after an update takes effect constitutes acceptance of the updated terms.