End User License Agreement — Effective: March 2026
This End User License Agreement ("EULA" or "Terms of Service") is a legal agreement between you (either an individual or an entity, referred to as "you" or "Customer") and Phoebuz ("Phoebuz," "we," "us," or "our") governing your use of the ASYNC application (the "Service"). By installing, accessing, or using the Service, you agree to be bound by these terms.
By installing the ASYNC application from the Atlassian Marketplace, creating an account, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are accepting these terms on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these terms.
If you do not agree to these terms, you must not install, access, or use the Service.
Subject to your compliance with these terms and payment of applicable fees, Phoebuz grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the ASYNC application solely through the Atlassian Marketplace for your internal business purposes.
You shall not:
The Service requires an active Jira Cloud instance. You must have a valid Atlassian account and appropriate administrative permissions to install and configure the ASYNC application.
Certain features of the Service require OAuth connections to third-party tools including GitHub, Slack, Zoom, and Confluence. You are responsible for ensuring you have the authority to connect these tools and that such connections comply with the respective third-party terms of service.
You are responsible for maintaining the security of your Atlassian account and any credentials used to access the Service. You must promptly notify Phoebuz of any unauthorised access to or use of the Service.
The Service is offered in the following subscription tiers:
| Tier | Price | Key Features |
|---|---|---|
| Free | $0 / user / month | Jira + GitHub + Confluence integrations, Engineering Pulse dashboard, 11 intelligence cards, AI-generated standups, 2 teams, 14-day data retention |
| Standard | $19 / user / month | Everything in Free, plus Slack + Zoom integrations, Strategic Pulse, Release Readiness Gate, burnout risk alerts, unlimited teams, 30-day data retention |
| Advanced | $39 / user / month | Everything in Standard, plus ASYNC Copilot, natural language queries, AI retrospectives, predictive intelligence (7–90 day), 90-day data retention, priority support |
Phoebuz reserves the right to modify pricing at any time. Changes to pricing for paid tiers will be communicated at least 30 days in advance and will take effect at the start of the next billing cycle.
All payments for paid subscription tiers are processed exclusively through the Atlassian Marketplace. Paid tiers are billed annually via Atlassian. By subscribing to a paid tier, you agree to Atlassian's Marketplace terms of transaction in addition to these terms.
All fees are exclusive of taxes. You are responsible for all applicable taxes, duties, and levies imposed by any governmental authority in connection with your use of the Service, except for taxes based on Phoebuz's net income.
Refund requests are handled in accordance with Atlassian Marketplace policies. Phoebuz does not directly process refunds.
You retain all right, title, and interest in and to your data. Phoebuz does not claim ownership of any data you provide to or make accessible through the Service.
Phoebuz processes your data solely to provide and improve the Service, in accordance with our Data Processing Addendum and Privacy Policy. By using the Service, you instruct Phoebuz to process your data as described in those documents.
You may request a copy of your data in a machine-readable format by contacting info@phoebuz.com.
You agree to use the Service in accordance with all applicable laws and regulations. In particular, you shall not:
The Service, including all software, algorithms, designs, text, graphics, interfaces, and the selection and arrangement thereof, is owned by Phoebuz and is protected by intellectual property laws. Nothing in these terms grants you any right to use the Phoebuz or ASYNC names, logos, or branding without prior written consent.
If you provide Phoebuz with any suggestions, ideas, enhancement requests, or other feedback regarding the Service ("Feedback"), you grant Phoebuz a non-exclusive, royalty-free, perpetual, irrevocable, worldwide licence to use, reproduce, modify, and incorporate such Feedback into the Service without obligation to you.
The Service may incorporate third-party open-source software components, each of which is licensed under its respective open-source licence. A list of such components and their licences is available upon request.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PHOEBUZ DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PHOEBUZ BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF PHOEBUZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PHOEBUZ'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO PHOEBUZ FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (US $100).
The limitations and exclusions in this section apply regardless of whether a remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, in which case the above limitations shall apply to the fullest extent permitted by applicable law.
You agree to indemnify, defend, and hold harmless Phoebuz and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these terms; (c) your violation of any third-party rights; or (d) any content or data you provide through the Service.
You may terminate these terms at any time by uninstalling the ASYNC application from your Jira Cloud instance. For paid tiers, cancellation is subject to the billing terms of the Atlassian Marketplace.
Phoebuz may suspend or terminate your access to the Service immediately, without prior notice, if: (a) you breach any provision of these terms; (b) your Atlassian account is suspended or terminated; (c) Phoebuz is required to do so by law; or (d) Phoebuz ceases to offer the Service.
Upon termination:
Phoebuz reserves the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. Phoebuz shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
Phoebuz may update these terms from time to time. Material changes will be communicated via the Service or email at least 30 days before they take effect. Your continued use of the Service after such changes constitutes your acceptance of the revised terms. If you do not agree to the revised terms, you must stop using the Service.
The Service integrates with third-party tools and services including Atlassian Jira, GitHub, Slack, Zoom, and Confluence. Your use of these third-party services is governed by their respective terms of service and privacy policies. Phoebuz is not responsible for the availability, accuracy, or practices of any third-party service.
These terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.
Any dispute arising out of or relating to these terms or the Service shall first be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved within 30 days, either party may submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the English language. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from a court of competent jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
These terms, together with the Data Processing Addendum and Privacy Policy, constitute the entire agreement between you and Phoebuz with respect to the Service and supersede all prior or contemporaneous agreements, understandings, or communications.
If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions shall remain in full force and effect.
No waiver of any provision of these terms shall be deemed a further or continuing waiver of such provision or any other provision. Phoebuz's failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
You may not assign or transfer these terms or any rights hereunder without Phoebuz's prior written consent. Phoebuz may assign these terms without restriction. Subject to the foregoing, these terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
Phoebuz shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, labour disputes, government actions, power failures, internet or telecommunications failures, or failures of third-party services.
For any questions or concerns regarding these Terms of Service, please contact:
Phoebuz Legal
Email: info@phoebuz.com
Website: phoebuz.com
Last updated: March 2026