Asana

Severity 3 · notable

“If you submit Feedback, Asana may use such Feedback for any purpose without any compensation or obligation to you.”

If you give Asana feedback, they can use it for any purpose they want without paying you or owing you anything.

Any ideas or suggestions you share with Asana can be used by them freely, without you receiving any credit or compensation.

Matches Authors Guild v. OpenAI (2023)

Severity 3 · notable

“Free Users maintain ownership of the User Content that they submit to the Service (“Free User Content”). By submitting Free User Content, Free Users grant Asana a license to access, use, copy, reproduce, process, adapt, publish, transmit, and display that Free User Content, in order to provide the Service, and as permitted by Asana’s Privacy Statement, including if required to do so by law or in good faith to comply with legal process.”

For free users, Asana gets a broad license to use, copy, and process your content to provide the service and as allowed by their privacy statement or law.

While you own your content, Asana has extensive rights to use it for their operations, which could include analysis or processing.

Matches Authors Guild v. OpenAI (2023)

Severity 3 · notable

“If we reasonably believe a violation of this Acceptable Use Policy has occurred or may occur in the near future in a manner that may disrupt the Service or Websites for our Customers or other users, we may suspend or terminate your access to the Service and Websites, without any liability to us and in addition to any other remedies that may be available to us.”

If Asana thinks you've violated their acceptable use policy in a way that could disrupt the service, they can suspend or terminate your access immediately, without being liable to you.

Asana can unilaterally cut off your access to your data and the service if they suspect a policy violation, even if it's just a potential future disruption.

Matches PayPal Account Hold / Freeze Class Action — settled for $4M (2021)

Severity 3 · notable

“Asana may revoke this license at any time, in its sole discretion.”

Asana can take away your right to use their service whenever they want, for any reason they choose.

Asana has the power to cut off your access to the service without needing a specific cause or explanation.

Matches Bungie / Destiny 2 Account Termination Litigation (2023)

Severity 4 · material

“IN NO EVENT SHALL ASANA OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND WEBSITES, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SERVICE AND WEBSITES, OR ANY LINK PROVIDED ON THE SERVICE AND WEBSITES, WHETHER OR NOT ASANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED $100.”

Asana is not responsible for any indirect damages like lost profits, lost data, or the cost of finding replacement services, and their total liability to you is capped at a tiny $100.

If a major outage or data loss occurs due to Asana's fault, you can only recover a maximum of $100, regardless of your actual financial losses.

Matches Capital One Data Breach Class Action — settled for $190M (2022)

Severity 2 · minor

“THE SERVICE AND WEBSITES AND USER CONTENT, WHETHER PROVIDED BY ASANA, ITS LICENSORS, ITS VENDORS OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICE AND WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.”

Asana provides its service, websites, and all content "as is," without any guarantees about quality, suitability for a purpose, or that it won't infringe on others' rights.

This is standard for SaaS; it means Asana isn't making promises about the service's performance or fitness for your specific needs.

Severity 2 · minor

“IN YOUR CAPACITY AS AN MANAGED USER, ASANA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED) TO YOU RELATING TO THE SERVICE, WHICH IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.”

Asana provides its service "as is" and "as available" to managed users, meaning they don't promise it will always work perfectly or be free of issues.

This is standard for SaaS; it means Asana isn't guaranteeing uptime or bug-free operation, which is typical for most software services.

Severity 3 · notable

“YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD ASANA, ITS AFFILIATES, AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, CONTRACTORS, OR REPRESENTATIVES HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, MADE IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE SERVICE AND WEBSITES, YOUR CONNECTION TO THE SERVICE AND WEBSITES, YOUR VIOLATION OF THE TERMS, YOUR VIOLATION OF AN APPLICABLE LAW, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF USER CONTENT TO THE SERVICE AND WEBSITES, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER INDIVIDUAL OR ENTITY. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.”

You agree to protect Asana and cover their legal costs if someone sues them because of your use of the service, your content, or if you break their terms or the law.

If your actions on Asana lead to a lawsuit against them, you're on the hook for their defense costs, including attorney fees.

Matches T-Mobile Data Breach Settlement — settled for $350M (2022)

Severity 4 · material

“We may revise these Terms from time to time by posting a modified version on our website. If, in Asana’s sole discretion, the modifications to these Terms are material, we will provide you with reasonable notice prior to the change taking effect, either by emailing the email address associated with your account or by alerting you through the Service and/or Websites. If you do not agree to or cannot comply with the modified Terms, you must stop using the Service and Websites. Unless otherwise stated elsewhere in these Terms or in our notice, the updated Terms will take effect upon their posting and will apply on a going-forward basis. Your continued use of the Service and Websites after any update to these Terms constitutes your acceptance of such changes.”

Asana can change its terms whenever it wants, and if you keep using the service, you're agreeing to the new terms, even if they're significantly different.

You might find yourself bound by new rules or obligations without explicitly agreeing to them, simply by continuing to use the product.

Matches Italian DPA (Garante) v. WhatsApp — settled for $6M (2022)

Severity 4 · material

“We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service and Websites (or any part thereof), with or without notice. You agree that Asana shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service and Websites.”

Asana can change or completely shut down their service, or any part of it, at any time, with or without telling you, and they won't be responsible for any impact.

Asana could suddenly alter or remove features, or even stop the service entirely, potentially disrupting your work or making your data inaccessible without recourse.

Matches X Corp. Verified User Class Action (2024)

Severity 2 · minor

“These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Asana without restriction.”

You can't transfer your rights or obligations under these terms to someone else, but Asana can transfer theirs without any limits.

This is standard; it means Asana can sell or transfer the service and your contract to another company, but you can't transfer your account.