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Plain-English summary
This Atlassian Customer Agreement review highlights key concerns, including limited liability for unauthorized data disclosure, general disclaimers of warranties, and broad liability limitations for various damages. Users should also note automatic subscription renewals and generally non-refundable fees. Third-party products are not covered by Atlassian's terms or liability. Additionally, feedback may be used without restriction and Atlassian may use customer names in promotional materials. Data deletion is committed upon termination, and advance notice is provided for most agreement changes.
90% confidence
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Risk Flags
3 findings
Critical issues or high-severity clauses that may indicate significant risks. These items often require careful attention and might include one-sided terms, broad disclaimers, or limitations of user rights.
high95% confidence
Liability for Unauthorized Disclosure of Customer Data is Limited
For 'Special Claims,' which refer to unauthorized disclosure of Customer Data or Customer Materials caused by Atlassian's breach of its security program obligations, Atlassian's aggregate liability under this Agreement will be the lesser of two times the amounts paid to Atlassian for the relevant products/services during the preceding twelve months, and US$5,000,000.
Why it matters: If there is an unauthorized disclosure of your data due to a breach of Atlassian's security obligations, the company's maximum liability is limited to either two times the amount you paid over the past year or $5,000,000, whichever is less.
For Special Claims, Atlassian’s aggregate liability under this Agreement will be the lesser of: (a) two times (2x) the amounts paid to Atlassian for the Products, Support and Advisory Services giving rise to the Special Claim during the twelve (12) months preceding the first event out of which the Special Claim arose, and (b) US$5,000,000. “ Special Claims ” means any unauthorized disclosure of Customer Data or Customer Materials caused by a breach by Atlassian of its obligations in Section 4.2 (Security Program).
Term and Termination, paragraph 3 · Citation strength: strong
high95% confidence
Exclusion of Warranties for Products, Support, and Advisory Services
Except as expressly provided in Section 11 (Atlassian Warranties), the Products, Support and Advisory Services and all related Atlassian services and deliverables are provided 'AS IS.' Atlassian makes no other warranties, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, title or non-infringement.
Why it matters: The products and services are provided without most kinds of warranties, which means Atlassian does not guarantee fitness for a particular purpose, merchantability, title, or non-infringement.
Except as expressly provided in this Section 11 (Atlassian Warranties), the Products, Support and Advisory Services and all related Atlassian services and deliverables are provided “AS IS.” Atlassian makes no other warranties, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, title or non-infringement.
Billing and Payment, paragraph 2 · Citation strength: strong
high95% confidence
Limitations on Liability for Various Damages
Except for 'Excluded Claims' or 'Special Claims,' neither party will have any liability for loss of use, lost data, lost profits, business interruption, or any indirect, special, incidental, reliance, or consequential damages, even if informed of their possibility in advance.
Why it matters: You cannot claim damages for many types of losses, including loss of data, profits, or business interruption, even if Atlassian was aware of the possibility of such damages.
Except for Excluded Claims or Special Claims, to the maximum extent permitted by Law, neither party will have any liability arising out of or related to this Agreement for any loss of use, lost data, lost profits, interruption of business or any indirect, special, incidental, reliance or consequential damages of any kind, even if informed of their possibility in advance.
Term and Termination, paragraph 3 · Citation strength: strong
Data Use
2 findings
Policies related to the collection, processing, storage, and sharing of user data. This includes how data is used for service improvement, advertising, and third-party sharing.
medium90% confidence
Public Disclosure of Benchmarking Results
If Customer, directly or through a third party, conducts or publicly discloses the results of an Assessment, the disclosure must include all information necessary to replicate the Assessment. Additionally, Customer grants Atlassian a right to conduct Assessments of Customer’s products and services and, except for beta products or services, publicly disclose the results with all information necessary to replicate the Assessments.
Why it matters: If you publicly disclose your assessment of Atlassian's products, you must include all replication information, and Atlassian gains the right to assess your products and publicly disclose the results with replication information.
If Customer, directly or through a third party, conducts or publicly discloses the results of an Assessment, (i) the disclosure must include all information necessary to replicate the Assessment and (ii) Customer grants Atlassian a right to conduct Assessments of Customer’s products and services and, except for beta products or services, publicly disclose the results with all information necessary to replicate the Assessments.
Company May Use Customer's Name in Promotional Materials
Atlassian may identify Customer as a customer of Atlassian in its promotional materials.
Why it matters: Atlassian may use your name or company name in their promotional materials to indicate that you are a customer.
Atlassian may identify Customer as a customer of Atlassian in its promotional materials.
Term and Termination, paragraph 8 · Citation strength: strong
Cancellation and Renewal
2 findings
Terms related to subscription renewals, cancellation procedures, and refund policies. This section highlights automatic renewals, notice periods, and any associated fees or conditions.
medium95% confidence
Automatic Subscription Renewal
Unless otherwise specified in an Order and subject to the Product, Support or Advisory Services continuing to be generally available, a Subscription Term will automatically renew at Atlassian’s then current rates for a period equal to the prior term (if less than 12 months) or for twelve months (if the prior term was 12 months or more). Either party may elect not to renew by giving notice before the end of the current Subscription Term.
Why it matters: Your subscription will automatically renew at current rates unless you or Atlassian provide notice of non-renewal before your current term ends. The renewal period will either match your previous term (if less than 12 months) or be 12 months (if your previous term was 12 months or more).
Unless otherwise specified in an Order and subject to the Product, Support or Advisory Services continuing to be generally available, a Subscription Term will automatically renew at Atlassian’s then current rates for: (i) if Customer’s prior Subscription Term was for a period less than twelve (12) months, another Subscription Term of a period equal to Customer’s prior Subscription Term, or (ii) if Customer’s prior Subscription Term was for twelve (12) months or more, twelve (12) months. Either party may elect not to renew a Subscription Term by giving notice to the other party before the end of the current Subscription Term.
Billing and Payment, paragraph 1 · Citation strength: strong
medium95% confidence
Non-Refundable Fees, with Exceptions
All fees and expenses are non-refundable, except as otherwise provided in this Agreement. For purchases made through a Reseller, any refunds from Atlassian payable to Customer will be remitted by that Reseller, unless Atlassian specifically notifies Customer otherwise.
Why it matters: Most fees and expenses are non-refundable. If you purchased through a reseller and are due a refund from Atlassian, the reseller will issue it unless Atlassian communicates otherwise.
All fees and expenses are non-refundable, except as otherwise provided in this Agreement. For any purchases Customer makes through a Reseller, any refunds from Atlassian payable to Customer relating to that purchase will be remitted by that Reseller, unless Atlassian specifically notifies Customer otherwise at the time of refund.
Billing and Payment, paragraph 1 · Citation strength: strong
Gotchas
1 finding
Potentially overlooked clauses that could lead to unexpected outcomes. These often include specific disclaimers, user responsibilities, or conditions that might not be immediately obvious.
medium90% confidence
Customer Responsibility for Third-Party Products
Customer's use of Third-Party Products is subject to the relevant provider’s terms of use, not this Agreement. Atlassian does not control and has no liability for Third-Party Products, and makes no warranty that the Products will continue to connect or interoperate with any Third-Party Product.
Why it matters: When using third-party products with Atlassian's services, you are bound by the third-party's terms, not Atlassian's. Atlassian is not responsible for these third-party products, including their functionality or continued compatibility.
Customer’s use of Third-Party Products is subject to the relevant provider’s terms of use, not this Agreement, but data sent from the Third-Party Product to Customer’s Atlassian account is subject to this Agreement. Atlassian does not control and has no liability for Third-Party Products. Atlassian makes no warranty that the Products will, or will continue to, connect or interoperate with any Third-Party Product.
Clauses that offer user benefits, safeguards, or consumer-friendly terms. These may include data protection commitments, clear refund policies, or user control over their information.
Protection95% confidence
Data Deletion Upon Expiration or Termination
Following expiration or termination of this Agreement or a Subscription Term, unless prohibited by Law, Atlassian will delete Customer Data in accordance with the Documentation.
Why it helps: After your agreement or subscription ends, Atlassian commits to deleting your customer data, unless legally prohibited, which helps protect your privacy.
Following expiration or termination, unless prohibited by Law, Atlassian will delete Customer Data in accordance with the Documentation.
Term and Termination, paragraph 1 · Citation strength: strong
Protection90% confidence
Advance Notice for Most Agreement Modifications
Atlassian must use commercially reasonable efforts to post any modification to this Agreement at least thirty (30) days prior to its effective date.
Why it helps: You will generally receive at least 30 days' notice before any changes to the agreement take effect, allowing you time to review and understand the modifications.
Atlassian must use commercially reasonable efforts to post any such modification at least thirty (30) days prior to its effective date.
General Terms, paragraph 1 · Citation strength: strong
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