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Plain-English summary
This agreement holds customers responsible for their users' actions and compliance (risk_flags-1).
Atlassian may take over managed accounts created with an employer's email domain (risk_flags-2).
While Atlassian does not monitor user data, it reserves the right to remove data or suspend access if it violates laws or security (risk_flags-3).
Customers bear the liability for third-party products they integrate, as Atlassian disclaims control and warranty over them (risk_flags-4).
90% confidence
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Risk Flags
Critical terms that can significantly impact user rights or autonomy. These often involve disclaimers of responsibility, broad content licenses, or one-sided termination clauses.
high95% confidence
Liability for User Actions
Customer is responsible for its Users’ compliance with this Agreement and all activities of its Users, including Orders they may place, apps and Third Party-Products enabled, and how Users access and use Customer Data.
Why it matters: You are held accountable for all actions taken by your users through the products, including their compliance with the agreement, orders they place, third-party apps they enable, and their handling of customer data.
Customer is responsible for its Users’ compliance with this Agreement and all activities of its Users, including Orders they may place, apps and Third Party-Products enabled, and how Users access and use Customer Data.
Users, paragraph 1 · Citation strength: strong
medium85% confidence
Atlassian can take over your accounts
Product administrators appointed by Customer may also take over management of accounts previously registered using an email address belonging to Customer’s domain, which become “managed accounts” (or similar term), as described in the Documentation
Why it matters: If your account was registered using an email address associated with your organization's domain, your organization's product administrators may take over its management, making it a "managed account."
Product administrators appointed by Customer may also take over management of accounts previously registered using an email address belonging to Customer’s domain, which become “managed accounts” (or similar term), as described in the Documentation
Users, paragraph 3 · Citation strength: strong
medium90% confidence
Atlassian has no obligation to monitor your data, yet can remove or suspend access to it
Atlassian has no obligation to monitor Customer Data. Nonetheless, if Atlassian becomes aware that: (a) Customer Data may violate Law, Section 2.2 (Restrictions), or the rights of others (including relating to a takedown request received following the guidelines for Reporting Copyright and Trademark Violations at https://www.atlassian.com/legal/copyright-and-trademark-violations), or (b) Customer’s use of the Cloud Products threatens the security or operation of the Cloud Products, then Atlassian may: (i) limit access to, or remove, the relevant Customer Data, or (ii) suspend Customer’s or any User’s access to the relevant Cloud Products. Atlassian may also take any such measures where required by Law, or at the request of a governmental authority. When practicable, Atlassian will give Customer the opportunity to remedy the issue before taking any such measures.
Why it matters: Even though Atlassian does not monitor your data, it can limit access to, remove, or suspend your or your users' access to cloud products if your data or usage violates laws, restrictions, or threatens security, potentially without prior notice if not practicable.
2 (Restrictions), or the rights of others (including relating to a takedown request received following the guidelines for Reporting Copyright and Trademark Violations at [https://www.atlassian.com/legal/copyright-and-trademark-violations](https://www.atlassian.com/legal/copyright-and-trademark-violations)), or (b) Customer’s use of the Cloud Products threatens the security or operation of the Cloud Products, then Atlassian may: (i) limit access to, or remove, the relevant Customer Data, or (ii) suspend Customer’s or any User’s access to the relevant Cloud Products. Atlassian may also take any such measures where required by Law, or at the request of a governmental authority.
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.
Why it matters: You are responsible for your use of third-party products, which are governed by their own terms of use, not Atlassian's agreement. Atlassian disclaims control and liability for these products, and does not guarantee their compatibility or continued interoperability with its own products.
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.
How your data is collected, processed, and shared. This includes specifics on data rights, data retention, and privacy practices.
Not clearly stated: The document mentions that Atlassian may process Customer Data as specified in a Data Processing Addendum (DPA) and refers to a Security Program and Trust Center for information about security and compliance. However, the specific details of data collection, sharing (beyond third-party products where customer data might be accessed), data retention, or comprehensive privacy practices are not directly detailed within the provided clauses of this agreement. Instead, these are referenced in other linked documents.
Cancellation and Renewal
Terms related to how your subscription or service can be cancelled, the procedures for renewal, and any associated refund policies or penalties.
Not clearly stated: The provided text does not contain information regarding cancellation, renewal, or refund policies.
Gotchas
Less obvious clauses that may be restrictive or have unexpected implications for users. These often require careful reading to understand their full impact.
Not clearly stated: The provided text does not clearly state any other 'gotchas' beyond the identified risk flags.
Protections
Safeguards and rights that benefit the user, ensuring fair treatment and transparency. These may include clear notice provisions, data access rights, or commitments to data minimization.
Protection95% confidence
Age restriction for users
The Products are not intended for use by anyone under the age of 16. Customer is responsible for ensuring that all Users are at least 16 years old.
Why it helps: This clause helps protect minors by explicitly stating that users must be at least 16 years old, placing the responsibility on the customer to ensure compliance.
The Products are not intended for use by anyone under the age of 16. Customer is responsible for ensuring that all Users are at least 16 years old.
Users, paragraph 4 · Citation strength: strong
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