Terms of service

1. Introduction

1.1 Scope: These Terms of Service ("ToS") govern the use of Lean Poker, an interactive platform designed for Agile and Continuous Deployment training. he platform is operated by Ivett Ördög, registered as a small enterprise in Germany specializing in software services for Agile and Continuous Deployment training.

1.2 Acceptance of Terms: By accessing or using any part of Lean Poker, you agree to be bound by these ToS. If you do not agree to these terms, you may not access or use Lean Poker.

1.3 Purpose: This document aims to clearly outline the terms and conditions under which Lean Poker services are provided, to protect both the user and the service provider.

1.4 Amendments: Changes to these ToS may occur over time. It is the responsibility of the user to periodically review these terms.

2. Definitions

2.1 "Lean Poker" refers to the software and platform used to facilitate Lean Poker events.

2.2 "User" refers to any individual or entity that accesses or uses Lean Poker.

2.3 “Event” to a training or workshop session where Lean Poker is actively used.

2.4 "Organizer" refers to any individual or entity that advertises, provides a venue, facilitation or in any other way contributes towards the success of a specific Lean Poker event.

2.5 "Partnership Agreement" refers to a contractual agreement between the Organizer and Lean Poker that outlines the terms and frequency of usage of the software.

2.6 "Daily Licence" refers to a temporary license purchased by the Organizer to use Lean Poker for a single event.

2.7 "Data Processing and Privacy Agreement" ("DPPA") refers to the separate or combined document outlining how user data is processed and protected.

2.8 "Code of Conduct" ("CoC") refers to the set of behavioral guidelines required for participating in Lean Poker events.

2.9 "Third Parties" refers to companies or services that Lean Poker relies on for hosting or other functionalities.

2.10 "User Content" refers to any data or content uploaded by the User during the usage of Lean Poker.

2.11 **"Licence Fee" **refers to the upfront payment made by the Organizer for a specific event. This is either the amount paid for a Daily Licence or what is specified in the partnership agreement. If the Partnership Agreement does not include a fee per event, the Licence Fee is calculated as a proportion of the total package price divided by the number of events in the package.

2.12 "Maintenance Window" refers to pre-defined time periods during which Lean Poker may not be accessible due to maintenance.

3. Eligibility and Usage

3.1 General Eligibility: Lean Poker is accessible to anyone who agrees to this ToS, the DPPA, and the CoC, provided that their usage does not violate any applicable local laws, such as prohibitions on poker games without monetary bets.

3.2 Event Organization: Only individuals or entities with an active Partnership Agreement or those who have purchased a Daily Licence are eligible to organize Lean Poker events.

3.3 Event Participation: Lean Poker may be accessed by organizers, facilitators, and participants of a Lean Poker event as determined by the Organizer. This includes but is not limited to employees of the Organizer, ticket holders, and participants who have received free access as per the terms of Partnership Agreements or Daily Licenses.

3.4 Sandbox Mode: The Sandbox Mode is available to any individual or entity, subject to the availability of free usage tokens and any legal restrictions that may apply.

3.5 Prohibited Actions: Users are obligated to use Lean Poker in good faith and are prohibited from any actions intended to cause damage, hack the platform, or gain unauthorized access to data. The only exceptions are for actions aimed at improving Lean Poker’s security, provided that these are non-destructive and disclosed to the operator immediately and privately.

3.6 Usage Frequency: The frequency of Lean Poker usage is governed by the terms outlined in the specific Partnership Agreement.

3.7 Ban and Appeals: Individuals who have been banned from attending Lean Poker events, as per the Code of Conduct, are restricted to using only the Sandbox Mode of Lean Poker. In the case of a permanent ban, the individual may appeal the decision once per year. However, Lean Poker reserves the right to decline such appeals without providing any explanation.

4. Services Provided and Maintenance

4.1 Scope of Services: Lean Poker provides the systems essential for conducting Events, excluding services like hosting and version management, which are sourced from Third Parties.

4.2 Limitation of Liability: Lean Poker's liability for any failed Event is restricted to the purchase price of the individual Licence Fee, or a prorated portion of the total package price. In cases where the outage is due to Third Parties, Lean Poker assumes no liability. Lean Poker reserves the right to offer compensation in the form of discounts on future purchases.

4.3 **Maintenance Windows: **Maintenance activities are generally scheduled during time slots when no Events are planned. Exceptions may occur if an Event is announced less than one week prior to its commencement.

4.4 Third-Party Frameworks: The starting frameworks for players, provided as part of Lean Poker's services, are licensed under the GPL. These frameworks are maintained by the community, and Lean Poker disclaims all responsibility for their functionality, or any potential damage or issues arising from their usage.

4.5 Software Updates: Lean Poker reserves the right to update or modify its services at any time, but will aim to minimize disruption to Events wherever possible.

4.6 Data Backup and Deletion: Lean Poker takes steps to safeguard user data. While event-related data is currently retained, Lean Poker reserves the right to alter this policy without notice. In such cases, data related to past events may be deleted 24 hours after the event's conclusion.

5. Fees and Refunds

5.1 License Fees: The organizer is required to pay the Licence Fee upfront. The fee amount is either outlined in the Partnership Agreement or corresponds to the cost of a Daily Licence.

5.2 Refund Policy: For individual Daily Licenses, refunds are available if the Event is canceled prior to its scheduled date. Package Licenses are generally non-refundable, unless otherwise stipulated in the Partnership Agreement.

5.3 Late Payment: Failure to pay the Licence Fee on time may result in the suspension or termination of services, and may affect the terms of any existing Partnership Agreement.

5.4 **Additional Charges: **Lean Poker reserves the right to levy additional charges for extra services or features not covered by the basic Licence Fee, if such services are requested by the Organizer.

5.5 Currency: All fees are payable in Euro unless a different currency is stated in the Partnership Agreement. All fees are exclusive of any applicable taxes.

6. Dispute Resolution

6.1 Amicable Resolution: Parties are encouraged to resolve any disputes amicably and out of court whenever possible.

6.2 Governing Law: These Terms of Service shall be governed by and construed in accordance with the laws of Germany.

6.3 Jurisdiction: In the event that a dispute cannot be resolved amicably, parties agree to submit to the exclusive jurisdiction of the courts located within Bavaria, Germany.