Agile Gauge
Draft — not yet reviewed by a lawyer; not in force

This page describes what we intend our terms of service to be. It has not had a legal review and is not yet in effect. Do not rely on it as a binding agreement.

Agile Gauge for Azure DevOps — Terms of Service

Last updated: [date — not published yet]

1. Acceptance of Terms

By installing or using Agile Gauge ("the Extension"), you agree to these Terms of Service ("Terms"). If you do not agree, do not install or use the Extension. These Terms are between you (or your organization) and AlestaSoftware ("we", "us", "our").

2. Description of Service

The Extension is an Azure DevOps Marketplace extension that provides sprint health, flow, and delivery analytics: dashboard, live stats, sprint summary, sprint capacity, next sprint planning, flow metrics, cycle time, WIP monitoring, aging/blocked-item tracking, and delivery signals. The Extension is delivered through the Visual Studio Marketplace and runs inside Azure DevOps using read-only scopes.

3. License Grant

Subject to these Terms and payment of applicable fees, AlestaSoftware grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Extension within your Azure DevOps organization for your internal business purposes. See also the License page.

4. Trial and Subscription

  • Free trial: each Azure DevOps organization receives a 14-day trial automatically on first install, with every feature unlocked. No payment information required to start. The trial is per organization, not per user.
  • Subscription plans: after the trial, continued use requires an active subscription. Agile Gauge is billed monthly, per seat: a base fee includes one user; additional users may be added at a per-user monthly rate, self-serve up to 10 total users. Organizations needing more than 10 users should contact us for custom pricing.
  • Term and renewal: subscriptions renew automatically each month unless cancelled. You can cancel at any time before the next renewal date, and seats can be added or removed month to month.
  • License activation: after purchase, an organization administrator activates the license inside the Extension.
  • Access enforcement: a user without an assigned seat cannot access the Extension's data. They are shown a message directing them to their organization administrator to request a seat. Unlike some other products, there is no limited or "starter" viewing mode for unlicensed users.

5. Fees and Payment

  • Fees are listed in U.S. dollars on the pricing page and are exclusive of taxes, which you are responsible for where applicable.
  • Payment is processed by [payment processor], our payment sub-processor. AlestaSoftware does not store card numbers.
  • Refunds: because Agile Gauge is billed monthly and the trial lets you evaluate the full product before paying, subscription fees already paid for the current billing period are non-refundable except where required by applicable law. Cancelling stops future billing; it does not refund the current period.
  • Price changes: we may change pricing for future billing periods with at least 30 days' notice by email to the billing contact.

6. Permitted Use

You may:

  • Install the Extension on Azure DevOps organizations you administer
  • Use the Extension for your organization's internal business purposes
  • Assign and manage seats via Access Control

You may not:

  • Reverse engineer, decompile, or disassemble the Extension except where permitted by law
  • Redistribute, sublicense, resell, or share the Extension or license keys
  • Use the Extension to develop a competing product
  • Attempt to circumvent seat enforcement or access controls
  • Use the Extension in violation of applicable law or Microsoft's Marketplace terms

7. Customer Responsibilities

  • You control installation, configuration, and removal in your Azure DevOps organization
  • You are responsible for assigning seats in the Extension's Access Control configuration
  • You are responsible for ensuring your use complies with applicable law, your internal policies, and Microsoft Azure DevOps terms

8. Data and Privacy

Your use of the Extension is also governed by our Privacy Policy. The Extension uses read-only Azure DevOps scopes and stores configuration data within your Azure DevOps tenant via Microsoft's Extension Data Service. AlestaSoftware's backend stores only licensing and minimal telemetry data, as detailed in the Privacy Policy.

9. Updates

We may update the Extension to fix bugs or security issues, add or improve features, and maintain compatibility with Azure DevOps platform changes. Updates are distributed through the Visual Studio Marketplace.

Feature deprecation. We do not remove or hide features that paying subscribers can see without providing at least 90 days' advance notice.

10. Intellectual Property

The Extension, including its source code, design, documentation, and branding, is the intellectual property of AlestaSoftware. All rights not expressly granted in these Terms are reserved. Trademarks belong to their respective owners.

11. Disclaimer of Warranties

THE EXTENSION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Extension will be uninterrupted or error-free, that analytics results will be 100% accurate (they depend on Azure DevOps data quality), or that the Extension will meet all of your specific requirements.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALESTASOFTWARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES ARISING FROM YOUR USE OF THE EXTENSION.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE EXTENSION IN THE 12 MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify and hold harmless AlestaSoftware from any claims, damages, or expenses arising from your use of the Extension, your violation of these Terms, or your violation of any third-party rights.

14. Termination

  • You may stop using the Extension at any time by uninstalling it
  • We may terminate or suspend access if you violate these Terms or fail to pay fees
  • On uninstall, configuration data persisted in your Azure DevOps tenant is removed by Microsoft per Extension Data Service policies. License records held by AlestaSoftware are retained per the Privacy Policy retention schedule

15. Governing Law

[governing law jurisdiction — to be confirmed]

16. Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

17. Changes to These Terms

We may update these Terms from time to time. Material changes will be reflected in the "Last updated" date above and, where required by law, communicated to the billing contact at least 30 days before the change takes effect.

18. Entire Agreement

These Terms, together with the Privacy Policy and the Microsoft Visual Studio Marketplace Terms of Use, constitute the entire agreement between you and AlestaSoftware regarding the Extension.

19. Contact