AI training
No flags in this category.
Auto-renewal
- 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. 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. Customer must provide any notice of non-renewal through account settings in the Products, by contacting Atlassian’s support team or by otherwise providing Atlassian notice."
Trello automatically renews your subscription at their current rates for another term of the same length (or 12 months if your previous term was 12 months or more), unless you tell them you don't want to renew.
You need to actively cancel through your account settings or support before your term ends, or you'll be charged for another full subscription period.
⚖️Matches FTC v. Amazon (Iliad Flow / Prime Enrollment) (2023)
Price hikes
- 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. 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. Customer must provide any notice of non-renewal through account settings in the Products, by contacting Atlassian’s support team or by otherwise providing Atlassian notice."
Trello automatically renews your subscription at their current rates, which means the price can change when your term renews.
If Trello raises prices, you'll be charged the new, higher rate unless you cancel your subscription before it renews.
⚖️Matches FTC v. MoviePass / Helios and Matheson Analytics (2021) - Severity 3
"If Customer exceeds the Scope of Use purchased, unless otherwise agreed with Atlassian in writing, Customer must upgrade its subscription or pay for the increased Scope of Use. Unless otherwise specified in an applicable Order, Atlassian will charge Customer for any increased Scope of Use at Atlassian’s then-current rates, which may be prorated for the remainder of the then-current Subscription Term."
If you use more of Trello's services than your plan allows, Trello will automatically charge you for the increased usage at their current rates.
Going over your plan limits means unexpected charges on your bill, which can add up quickly.
⚖️Matches Netflix Price Hike Class Action (2023)
Data residency
No flags in this category.
Termination friction
- 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."
You can cancel your Trello subscription at any time, but you won't get any refunds, and you'll immediately owe any remaining payments for your current term.
If you cancel early, you still have to pay for the entire current subscription period, even if you stop using the service.
⚖️Matches FTC v. Match Group (Match.com) (2019) - Severity 3
"Following expiration or termination, unless prohibited by Law, Atlassian will delete Customer Data in accordance with the Documentation."
After your Trello subscription ends or is canceled, Trello will delete your data according to their documentation.
You need to make sure you've backed up all your data before your subscription ends, as Trello will eventually remove it.
⚖️Matches Bungie / Destiny 2 Account Termination Litigation (2023) - Severity 2
"All fees and expenses are non-refundable, except as otherwise provided in this Agreement."
Trello generally doesn't give refunds for any fees or expenses you've paid.
If you decide to stop using the service, you won't get your money back for any unused portion of your subscription.
Liability caps
- Severity 4
"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)."
If Trello has a data breach and your confidential information is exposed, their maximum liability is capped at either two times what you paid them in the last 12 months or $5,000,000, whichever is less.
While there's a higher cap for data breaches, your recovery is still limited, and it might not cover the full cost of a major security incident.
⚖️Matches Capital One Data Breach Class Action — settled for $190M (2022) - 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."
Trello isn't responsible for indirect damages like lost data, lost profits, or business interruptions, even if they knew these problems could happen.
If a Trello outage or error causes significant financial loss or data loss for your business, you can't recover those specific types of damages from them.
⚖️Matches Capital One Data Breach Class Action — settled for $190M (2022) - Severity 3
"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."
If Trello is found liable for something, the most they will pay you back is the total amount you paid them in the 12 months before the problem occurred.
This caps your potential financial recovery from Trello, meaning you might not get back all the money you lose if a major issue arises.
⚖️Matches Capital One Data Breach Class Action — settled for $190M (2022) - 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."
Trello offers no warranties, support, or service level agreements for its free or beta products, and their total liability for these is capped at $100.
This is typical for free or beta services; you use them at your own risk with very limited recourse if something goes wrong.
- Severity 2
"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."
Trello provides its products and services "as is," meaning they don't guarantee they'll be perfect or fit your specific needs.
This is standard for SaaS, but it means Trello isn't liable if the product doesn't perform exactly as you expect or hope.
- Severity 2
"Atlassian is not liable for delays, failures or problems inherent in use of the internet and electronic communications or other systems outside Atlassian’s control."
Trello isn't responsible for problems or delays caused by internet issues or other systems they don't control.
If the service is down due to a broader internet outage or a third-party provider, Trello won't compensate you for the disruption.
- Severity 2
"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."
Trello isn't responsible for any third-party tools you connect to it, and they don't promise that their product will always work with those tools.
If an integration breaks or a third-party tool causes issues, Trello won't take responsibility or help fix it.
Indemnification
No flags in this category.
Silent term changes
- Severity 3
"Atlassian may modify this Agreement (which includes the Policies, Product-Specific Terms and DPA) from time to time, by posting the modified portion(s) of this Agreement on Atlassian’s website. Atlassian must use commercially reasonable efforts to post any such modification at least thirty (30) days prior to its effective date."
Trello can change its terms and policies by posting updates on its website, and they aim to give you at least 30 days' notice before changes take effect.
You need to regularly check their website for updates, as continued use of the service means you agree to any new terms.
⚖️Matches Italian DPA (Garante) v. WhatsApp — settled for $6M (2022) - 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."
Trello can change or stop offering free or beta products, or modify the terms for using them, at any time without being liable to you.
This is standard for free or beta services; you don't have guaranteed access or features, and they can change without notice.
Better alternatives
Higher-rated vendors in productivity that may be safer than Trello.
Ask the lawyer
Trello · grade C
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