These Terms of Use (the “Terms”) govern access to and use of the Flow Analytics Pro solution (“FAP” or the “Solution”), published by Agile4Me, a French SARL (limited liability company) with a share capital of 1,000 euros, registered with the Nanterre Trade and Companies Register (RCS) under number 813 922 267, whose registered office is at 21 rue des Vergers, 92320 Châtillon, France, represented by its manager (gérant), Couthaïer Farfra (“Agile4Me”).

Contact: contact@agile4me.com

Any use of the Solution implies unreserved acceptance of these Terms. The Terms form a contract between Agile4Me and the Customer. They apply to all the deployment modes of the Solution described in Article 4.

Article 1 – Definitions

• Customer: the legal entity that subscribes to or installs the Solution for its professional needs.
• User: any person authorised by the Customer to access the Solution.
• Customer Data: the data from the Customer’s tools (Jira, Azure DevOps, GitHub, GitLab, imported files) processed by the Solution, and the metrics and analyses calculated from these data.
• Alice: the artificial intelligence analysis assistant built into the Solution.
• LLM Provider: the provider of the large language model (LLM) used by Alice and chosen by the Customer.

Article 2 – Purpose of the Solution

Flow Analytics Pro is a solution for analysing the delivery performance of teams and programmes. Depending on the deployment mode, it calculates in particular:

• Flow Metrics (cycle time, throughput, WIP, aging, flow efficiency, forecasts) from Jira, Azure DevOps or Excel files;
• DORA Metrics from GitHub, GitLab or Azure DevOps;
• Assessments (evaluations of team maturity and practices).

The Solution includes Alice, which writes analyses based on the metrics calculated by the Solution (Article 6).

The Solution does not modify the data in the Customer’s source tools. These data remain accessible in these tools, including if the Customer stops using the Solution.

Article 3 – Contractual documents

The relationship between Agile4Me and the Customer is governed, in decreasing order of priority, by: the specific contract or order form signed with the Customer, if any; the data processing agreement (DPA), if any; these Terms; the Flow Analytics Pro Privacy Policy.

For the Jira Cloud add-on purchased on the Atlassian Marketplace, the Atlassian Marketplace terms also apply to the purchase, billing and installation of the add-on.

Article 4 – Deployment modes

4.1 Jira Cloud add-on

The Solution is installed on the Customer’s Jira Cloud instance from the Atlassian Marketplace. Its backend is operated by Agile4Me on Google Cloud Platform, in the europe-west1 region (Belgium). The Jira data read by the add-on are stored on this backend, outside Atlassian’s infrastructure.

4.2 SaaS

The Solution is available online. It is hosted by Agile4Me at Scaleway, in France.

4.3 On-premise

The Solution is installed on the Customer’s infrastructure. The Customer is then responsible for the hosting, operation, backup and security of this infrastructure. Agile4Me has no access to Customer Data, unless the Customer expressly authorises it for a support operation.

Article 5 – Access, accounts and roles

5.1 Access

For the Jira Cloud add-on, Users access the Solution with their Atlassian account, according to the authentication rules set by the Customer (for example SSO and multi-factor authentication), and access follows Jira’s access management rules.

For the SaaS and on-premise modes, access is through a personal account. The User provides accurate information and keeps their credentials confidential. Any use of their credentials is deemed to be made by them.

5.2 Roles

For the SaaS and on-premise modes, the Solution offers three roles. The Customer is responsible for assigning these roles and project access.

• Super Administrator: there is only one per customer account, assigned to the person who created the account. The Super Administrator manages the account and the subscription, invites users, manages their rights and their access to projects, and adds or deletes projects and programmes.
• Administrators: there is no maximum number of Administrators, except the limits of a per-user plan. Administrators invite users, manage their rights and their access to projects, and add or delete projects and programmes.
• Simple Users: there is no maximum number of Simple Users, except the limits of a per-user plan. Simple Users only have access to the projects assigned to them, and their rights are read-only.

Article 6 – Alice, the AI analysis assistant

6.1 How Alice works

At a User’s request, Alice receives the data of a chart of the Solution and writes an analysis: interpretation of trends, correlations between metrics, strengths, risks and recommendations. Alice does not calculate the metrics, which are calculated by the Solution. Alice makes no automated decision.

6.2 Choice and deactivation

The Customer chooses the LLM Provider used by Alice among those offered by the Solution, as well as the geographical processing zone (Europe or USA). The Customer can disable Alice at any time; the Solution then keeps working without AI analysis.

6.3 Data sent

Only the data needed to analyse the chart are sent to the LLM Provider: metric values and trends, workflow step names, sprint names, anonymised ticket identifiers, the User’s language and, if the User enters one, an optional context. Ticket titles and descriptions, and the names and e-mail addresses of people, are not sent. The User must not enter personal or confidential data in the optional context.

Agile4Me does not train any model with Customer Data. LLM Providers process the data under their commercial API terms, which exclude their use to train their models.

6.4 Retention

The Solution keeps the three most recent analyses for each chart type of a project. Older analyses are deleted automatically.

6.5 Nature of the analyses

Alice’s analyses are generated by artificial intelligence and identified as such. They are decision support. They may contain errors or inaccuracies and must be reviewed by the User, who remains solely responsible for the decisions taken. They cover teams and processes: the Customer undertakes not to use them to evaluate individuals.

6.6 Prompts

The instructions (prompts) used by Alice are the property of Agile4Me and are trade secrets. They are not disclosed.

Article 7 – Financial terms

7.1 Atlassian Marketplace subscriptions

For subscriptions purchased through the Atlassian Marketplace (Paid-via-Atlassian), pricing, billing, invoicing, payments, renewals, trial periods and refunds are handled directly by Atlassian, under the Atlassian Marketplace terms. Agile4Me does not invoice these subscriptions and does not collect any payment from the Customer for them. Article 7.2 does not apply to these subscriptions.

7.2 Other subscriptions

The Solution may be offered as a free trial, for the period stated in the offer (30 days by default). At the end of the trial, access is suspended if no subscription is taken.

Prices are those of the offer or order form accepted by the Customer. Annual subscriptions run from 1 January to 31 December and are renewed by tacit renewal, unless terminated at least one month before their expiry. Monthly subscriptions are renewed each month until terminated.

Any late payment automatically incurs late payment penalties at the applicable legal rate and a fixed recovery fee of 40 euros (Articles L441-10 and D441-5 of the French Commercial Code). If a formal notice remains unanswered for 15 days, Agile4Me may suspend access to the Solution.

Article 8 – Obligations of the Customer and Users

The Customer and Users undertake to:

• use the Solution for its intended purpose, in accordance with these Terms and the applicable regulations;
• not attempt to access other customers’ data, or to compromise the security or operation of the Solution;
• hold the necessary rights on the data connected to the Solution;
• comply with the acceptable use policy of the chosen LLM Provider.

Article 9 – Availability, maintenance and changes

Agile4Me uses reasonable efforts to make the Solution available 24 hours a day, 7 days a week, except for interruptions due to maintenance, force majeure or unavailability of third-party services (hosting provider, Atlassian, source tools, LLM Providers). Agile4Me endeavours to inform the Customer of scheduled maintenance.

The Solution may change. Agile4Me may add, modify or remove features, without substantially reducing the main features subscribed during the subscription.

Support is provided by Agile4Me at contact@agile4me.com, on business days.

Article 10 – Security

The security of the infrastructure and of the hosted data is ensured by the Solution’s hosting providers, Google Cloud and Scaleway, which are certified in particular ISO 27001. Agile4Me implements the following measures at the level of the Solution: encryption in transit (TLS), encryption at rest by the hosting provider, password hashing, multi-factor authentication for administration accounts, production access limited to authorised persons, secrets stored outside the code, dependency vulnerability scanning and daily backups.

In the event of a security incident affecting Customer Data, Agile4Me informs the Customer without undue delay after becoming aware of it, so that the Customer can meet its own obligations, in particular the notification to the supervisory authority within 72 hours required by Article 33 of the GDPR.

Article 11 – Customer Data and personal data

The Customer remains the owner of Customer Data. Agile4Me processes them only to provide the Solution, on the Customer’s instructions, as a processor within the meaning of the GDPR. Agile4Me does not use them for its own purposes, does not sell them and does not use them to train AI models.

The processing of personal data is described in the Flow Analytics Pro Privacy Policy. A data processing agreement (DPA) can be signed at the Customer’s request.

Article 12 – Intellectual property

Agile4Me is and remains the owner of all rights to the Solution, Alice, their prompts, their documentation and their updates, as well as to the Flow Analytics Pro name and trademarks.

Agile4Me grants the Customer a non-exclusive, non-transferable right to use the Solution, limited to the subscribed scope (number of users or projects) and to the subscription term. Reselling, sublicensing, reproducing, adapting, decompiling or disassembling the Solution is prohibited, except within the limits provided by law.

The metrics and analyses generated from Customer Data, including those of Alice, belong to the Customer, who may use them freely for its internal needs.

Article 13 – Confidentiality

Each party undertakes to keep confidential the information of the other party that it learns in connection with the use of the Solution, for the whole term of the contract and five years after its end. Customer Data are considered confidential.

Article 14 – Liability

Agile4Me is bound by an obligation of means (best efforts). The results obtained depend on the quality of the source data and on how the Customer’s teams apply Agile practices: Agile4Me does not guarantee any particular result.

Agile4Me is not liable for indirect damages (loss of revenue, customers or reputation), nor for damages resulting from misuse of the Solution, from data provided by the Customer, or from the unavailability of third-party services.

Except in the event of gross negligence or wilful misconduct, Agile4Me’s total liability is limited to the amount paid by the Customer for the Solution during the twelve months preceding the event giving rise to liability.

Article 15 – Term, termination and reversibility

The Terms apply for the whole period of use of the Solution. Each party may terminate the subscription at its expiry, under the conditions of Article 7.2. Atlassian Marketplace subscriptions are cancelled from the Customer’s Atlassian administration. In the event of a serious breach by the other party not remedied within 30 days of a formal notice, each party may terminate the contract automatically.

At the end of the contract or on uninstallation of the add-on, the right of use ends. Before the end of the contract, the Customer may ask Agile4Me for an export of the Customer Data held by the Solution. Customer Data are deleted within 60 days after the end of the contract or the uninstallation of the add-on, and disappear from the backups within a further 7 days, as set out in section 9.2 of the Privacy Policy.

Article 16 – Force majeure

Neither party is liable for a failure caused by force majeure within the meaning of Article 1218 of the French Civil Code.

Article 17 – Changes to the Terms

Agile4Me may change these Terms. Customers are informed of any substantial change at least 30 days before it takes effect. The applicable Terms are those in force on the date of use of the Solution.

Article 18 – Governing law and disputes

These Terms are governed by French law. In the event of a dispute, the parties first seek an amicable solution. If no agreement is reached within one month of the notification of the dispute, the dispute is brought before the Economic Activities Court of Nanterre (Tribunal des activités économiques de Nanterre).

These Terms are drawn up in French and in English. In the event of any discrepancy, the French version prevails.