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Jira

atlassian.com

10 flagged clauses across 5 risk dimensions

C
⏱️
0min

to read this ToS

Jira's fine print is longer than you think.

🎧Longer than your Spotify Wrapped — for ALL of last year.

Caffeine required:

The 5 things you actually need to know

  • 1

    They can use your feedback for anything, no compensation needed.

  • 2

    Your data might be used for AI training, check the AI Terms.

  • 3

    You can get your data out, but refunds are generally a no-go.

  • 4

    They can change the terms with 30 days notice, or sooner if legally required.

  • 5

    They can suspend your account if you're late on payments, even by a little.

Generated by AI from the actual contract — but for the lawyer-level breakdown, scroll down 👇

🤖

AI training

clear

No flags in this category.

🔄

Auto-renewal

1 flag
  • Severity 3
    "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."

    Atlassian automatically renews your subscription at its current rates. If your previous term was under 12 months, it renews for that same period; otherwise, it renews for 12 months.

    Buyers must actively cancel their subscription before renewal to avoid unwanted charges at potentially higher rates.

💸

Price hikes

1 flag
  • Severity 3
    "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."

    Atlassian automatically renews your subscription at its then-current rates, which can be higher than your previous subscription price.

    Buyers face unexpected price increases upon renewal if they do not review the current rates before the automatic renewal date.

🌍

Data residency

clear

No flags in this category.

🚪

Termination friction

1 flag
  • Severity 3
    "Customer may terminate this Agreement or a Subscription Term upon notice for any reason. Subject to Section 10.3 (Return Policy), Customer will not be entitled to any refunds as a result of exercising its rights under this Section 12.2, and any unpaid amounts for the then-current Subscription Terms and any related service periods will become due and payable immediately upon such termination."

    If you terminate your agreement or subscription for any reason, Atlassian keeps all prepaid fees and immediately demands any outstanding payments for the current term.

    Buyers will not receive a refund if they cancel early and must still pay any remaining balance for the current subscription period.

⚖️

Liability caps

4 flags
  • Severity 4
    "Except for Excluded Claims or Special Claims, to the maximum extent permitted by Law, each party’s entire liability arising out of or related to this Agreement will not exceed in aggregate the amounts paid to Atlassian for the Products, Support and Advisory Services giving rise to the liability during the twelve (12) months preceding the first event out of which the liability arose."

    Atlassian limits its total liability to the amount you paid for the products and services causing the issue in the 12 months before the problem arose, excluding "Excluded Claims" or "Special Claims."

    Buyers can only recover up to 12 months of fees paid to Atlassian, which may be insufficient to cover significant damages from a major service failure.

  • Severity 3
    "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."

    Atlassian is not liable for indirect, special, incidental, or consequential damages, including lost data, lost profits, or business interruption, except for specific "Excluded Claims" or "Special Claims."

    Buyers cannot recover significant financial losses from Atlassian if issues like data loss or business interruption occur, unless it falls under specific exceptions.

  • Severity 3
    "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)."

    For unauthorized disclosure of customer data due to Atlassian's security breach, Atlassian's liability is capped at the lesser of 2x the fees paid in the preceding 12 months or US$5,000,000.

    While there is a higher cap for data breaches, buyers might still find this limit insufficient to cover the full costs of a major data security incident.

  • Severity 2
    "Notwithstanding anything else in this Agreement, to the maximum extent permitted by Law, Atlassian provides no warranty, indemnity, service level agreement or support for Free or Beta Products and its aggregate liability for Free or Beta Products is limited to US$100."

    Atlassian provides no warranty, indemnity, SLA, or support for free or beta products, and its total liability for them is capped at US$100.

    Buyers using free or beta products assume all risks, as Atlassian offers no guarantees, support, or significant financial responsibility for any issues.

🛡

Indemnification

clear

No flags in this category.

👻

Silent term changes

3 flags
  • Severity 4
    "Atlassian may specify that modifications will become effective during a then-current Subscription Term if: (A) required to address compliance with Law, or (B) required to reflect updates to Product functionality or introduction of new Product features. If Customer objects, Customer may terminate the remainder of the then-current Subscription Term for the affected Products as its exclusive remedy. To exercise this right, Customer must notify Atlassian of its termination under this Section 20.9(c) within thirty (30) days of the modification notice, and Atlassian will refund any pre-paid fees for the terminated portion of the applicable Subscription Term."

    Atlassian implements changes to terms or product features during your current subscription term if legally required or for product updates. If you object, you can terminate within 30 days for a prorated refund.

    Buyers must monitor modification notices and decide quickly whether to accept changes or terminate their service, potentially disrupting their operations.

  • Severity 2
    "Atlassian may assign its rights and obligations under this Agreement (in whole or in part) without Customer’s consent."

    Atlassian transfers its rights and obligations under the agreement, in whole or in part, to another entity without needing your consent.

    Buyers might find themselves bound to a new vendor without their approval, potentially impacting service quality, support, or future negotiations.

  • Severity 2
    "At any time, Atlassian may terminate or modify Customer’s use of (including applicable terms) Free or Beta Products or modify Free or Beta Products, without any liability to Customer. For modifications to Free or Beta Products or Customer’s use, Customer must accept those modifications to continue accessing or using the Free or Beta Products."

    Atlassian terminates or modifies free or beta products and their terms at any time without liability. To continue using them, you must accept these changes.

    Buyers using free or beta products have no recourse if Atlassian changes or discontinues them, potentially disrupting workflows or requiring new solutions.

Better alternatives

Higher-rated vendors in productivity that may be safer than Jira.

Recent changes detected

May 28, 2024

Atlassian reversed its no-AI-training pledge on Jira and Confluence content to power Atlassian Intelligence. The opt-out is restricted to Cloud Enterprise customers and requires contacting an account team, leaving Standard and Premium plans with no recourse.

Engineering and product teams on Standard/Premium plans whose Jira backlogs and Confluence wikis contain unreleased product specs, security vulnerability details, and proprietary architecture documents — all now feedable into AI training.