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Product-Specific Terms

Trello-specific terms

Effective starting: November 1, 2018

Your use of Trello is subject to the terms of the Atlassian Cloud Terms of Service (the “Agreement”) as well as the following additional terms. Any capitalized terms used but not defined below have the meanings in the Agreement.  “Trello” means the software-as-a-service solution (including the corresponding mobile, desktop or other application(s)) currently branded as “Trello” and made available by Trello, Inc.  PLEASE NOTE THAT IF YOU CREATE A PAID TEAM OR ARE LISTED AS AN ADMINISTRATOR FOR A PAID TEAM, AND YOU USE AN EMAIL ADDRESS OWNED OR CONTROLLED BY YOUR EMPLOYER OR ANOTHER ENTITY AS YOUR PRIMARY OR SOLE EMAIL ADDRESS FOR THAT TRELLO ACCOUNT, THEN (X) YOU WILL BE DEEMED TO HAVE REPRESENTED SUCH PARTY, (Y) YOUR CLICK TO ACCEPT WILL BE DEEMED TO HAVE BOUND YOUR EMPLOYER OR THAT ENTITY TO THE AGREEMENT AND THESE TRELLO-SPECIFIC TERMS, AND (Z) THE WORD “YOU” IN THE AGREEMENT AND THESE TRELLO-SPECIFIC TERMS WILL REFER TO YOUR EMPLOYER OR THAT ENTITY.  For purposes of defining "you" under these Trello-specific terms, the last sentence of the first paragraph of the Agreement does not otherwise apply.

1. Privacy and Membership Settings. Trello lets you work more collaboratively and get more done.  Trello’s boards, lists, and cards enable you to organize and prioritize your projects in a fun, flexible and rewarding way.  Through Trello, you and your End Users, as applicable, are responsible for configuring the privacy and membership settings for your boards, lists and cards, such as user permissions and whether boards and Your Data on such boards are private, team-only or public.

2. Public Information. YOU ACKNOWLEDGE THAT ALL USER PROFILES AND ANY INFORMATION INCLUDED WITHIN SUCH PROFILES (E.G., A USER’S FULL NAME, USERNAME, AVATAR AND BIO) ARE PUBLIC.  YOU FURTHER ACKNOWLEDGE THAT SWITCHING A BOARD TO “PUBLIC” WILL MAKE SUCH BOARD PUBLICLY AVAILABLE AND SEARCHABLE (E.G., INDEXED BY GOOGLE), AND THAT ANY ACTIVITY A USER HAS HAD ON ANY PUBLIC BOARD (INCLUDING YOUR DATA ON THEM) MAY BE VIEWED BY ANYONE. We have no liability for how others may access or use Your Data as a result of privacy and membership settings or your or your End Users’ decision to post Your Data on non-private boards, lists or cards.

3. Free Accounts on Trello. For clarity, the Subscription Term for free Trello accounts continues until the applicable account is terminated. Free Trello accounts are No-Charge Products. Similarly, visitors to public Trello boards are deemed to be using No-Charge Products and are subject to the terms and conditions applicable to No-Charge Products. 

4. Account Activity. We may make boards "private" where we reasonably believe content on such boards violates our Acceptable Use Policy to address the circumstances described in Section 5.5 of the Agreement or otherwise pursuant to Our Policies, in addition to our rights to remove Your Data and suspend access to Trello as set forth in the Agreement.  We reserve the right to create limits on use and storage at our sole discretion at any time with or without notice for free Trello accounts.  In the event of termination of your account, we may also withdraw and, at our discretion, reallocate the public web address of your account.  You acknowledge that we reserve the right to log off users who are inactive for an extended period of time.

5. Migration. If you are upgrading from a free Trello account to a paid plan, you may be required to follow additional migration steps, as described in the Trello Usage Guides

6. Security. Information about our security practices as they relate to paid Trello plans is described in the Operations and Security Guide.

7. Power-Ups. The following terms apply in place of Section 6.2 of the Agreement for purposes of these Trello-specific terms:

a. From time to time, we may make available or provide links to optional “Power-Ups”, tools and other features or services that can be enabled by you for use with Trello (“Power-Ups”).  Power-Ups may be developed by third parties (“Third Party Power-Ups”) or by us (“Trello Power-Ups”). There may be limits on the number of Power-Ups you can use based on your applicable plan. 

b. Any receipt or use by you of Third Party Power-Ups (and the third parties' use of any of Your Data) is subject to such third party’s terms and policies or any other applicable agreement you may have with such third party (including any applicable usage restrictions). Third Party Power-Ups are not Cloud Products and are otherwise "third party products or services" for purposes of Section 6.1 of the Agreement. Use of any Trello Power-Ups is subject to the same terms as for No-Charge Products in Section 14 of the Agreement, without limiting Trello’s ability to charge for Trello Power-Ups in the future. Trello or the third-party provider of a Power-Up may update, modify or remove the Power-Up at any time at their sole discretion. Trello does not make any promises or guarantees about future availability or functionality of Power-Ups. 

c. When enabled, Power-Ups may access Your Data, as further described in the Trello Privacy Policy.  For a number of Power-Ups, you will need a subscription to the third-party product or service integrated with Trello.  Certain third-party providers of Power-Ups may also charge fees to enable Third Party Power-Ups. 

d. From time to time, we may promote certain Power-Ups as “Taco’s Picks”, based on popularity in the Trello community or positive user reviews. Promoting a Power-Up as a “Taco’s Pick” does not mean we endorse that particular Power-Up or make any warranties or guarantees about how the Power-Up will perform.

8. Trello-Specific Policies and Documentation. For purposes of these Trello-specific terms:

a. all references to the “Support Policy” mean the “Incident and Response” terms of the Trello Operations and Security Guide as applicable to your paid plan.  Support levels are not separately described in Orders for Trello, and the Enterprise Support and Services Policy does not apply to Trello, at this time;

b. all references to the “Privacy Policy” mean the Trello Privacy Policy;  

c. all references to “Documentation” mean the Trello Usage Guides;

d. all references to “Acceptable Use Policy” also include any other Trello usage or community guidelines issued on www.trello.com/trust; and

e. all references to the “Atlassian Developer Terms” mean the Trello Developer Terms.

9. Notices. For purposes of these Trello-specific terms, the address in Section 26.1 of the Agreement shall be deemed to be the following:  Trello, Inc., 55 Broadway, 25th Floor, New York, NY 10006, Attn: Legal Department.  The email address for Trello support is support@trello.com.  The email address for Trello for purposes of Section 21 of the Agreement is nomarketing@trello.com.

Statuspage-specific terms

Effective starting: November 1, 2018

Your use of Statuspage is subject to the terms of the Atlassian Cloud Terms of Service (the “Agreement”) as well as the following additional terms. Any capitalized terms used but not defined below have the meanings in the Agreement or on the Statuspage Scope of Use and Definitions Page.

1. Status Pages and Scope of Use. Statuspage enables you to create “Status Pages,” which are pages hosted by us that display both current and historical status and uptime information of your products and services, while also allowing Statuspage End Users to subscribe to status notifications. There are multiple types of Status Pages, each of which has different parameters for defining your scope of use, as further described on the Statuspage Scope of Use and Definitions Page.

2. Status Page Configuration and Attribution. You may be permitted to configure your Status Pages by including your company name, brand, logo or other trademark as well as images and other look-and-feel elements and any links/permissions required in connection with collection of your Statuspage End Users’ information or acknowledgment that the Statuspage End Users are subscribing to status notifications (collectively, “Your Configurations”). You are responsible for Your Configurations as “Your Data” under the Agreement. You agree not to remove, disable, or obscure the “Powered by Statuspage” hyperlink or any other attribution we designate on your Status Pages, unless we expressly permit you to do so in writing. 

3. Collection of Subscriber Information. Statuspage allows you to collect information from your Statuspage End Users (including Statuspage End User email addresses and phone numbers) in order to send Statuspage End Users status notifications.  Any information collected about your Statuspage End Users is deemed “Your Data” under the Agreement, and as such must be collected in accordance with your applicable privacy policies. As such, the User Notice does not govern Statuspage End Users’ access or use of Statuspage.

4. Information on Public Status Pages. Any information that is displayed on a Public Status Page is available to the public.  As such, you agree that any such information is not your Confidential Information under the Agreement and you have no expectation of privacy or confidentiality with respect to such information.  Further, you agree that we may collect, copy, use, store, modify or otherwise create derivative works of, publicly perform or display, or distribute any information displayed on a Public Status Page.

5. Cancellations. In order to cancel your Statuspage account (in accordance with Section 9.2 of the Agreement), please send notification of cancellation to hi@statuspage.io.

6. Support. Notwithstanding Section 3.2 of the Agreement, support for Statuspage is set forth on the Statuspage Customer Support page.

7. Delivery. Notwithstanding Section 9.5 of the Agreement, a Statuspage subscription will be activated once we have received a fully executed Order or payment of all applicable fees.

Bitbucket Cloud-specific terms

Effective starting: November 1, 2018

Your use of Bitbucket Cloud is subject to the terms of the Atlassian Cloud Terms of Service (the “Agreement”) as well as the following additional terms. Any capitalized terms used but not defined below have the meanings in the Agreement.

1. Repositories. Data that you upload to Bitbucket Cloud are stored in “repositories.” You designate whether the repositories are public (meaning that anyone coming to the Bitbucket website can view them) or private (meaning that access to those repositories will be limited to those who have permission to access the repositories). For each public repository that you maintain, you must indicate the license under which you are making the contents of the repository available to others, as well as the license under which you will accept contributions to your repository.

2. Storage Rules. The Bitbucket Cloud documentation sets forth pre-defined storage limits on Your Data in Bitbucket Cloud. We enforce those parameters to ensure that you do not use Bitbucket Cloud in a way that consumes a disproportionate amount of system resources (CPU’s, memory, disk space, bandwidth, etc.) or that would adversely impact the performance or operation of Bitbucket Cloud for other Bitbucket Cloud users. Similarly, since Bitbucket Cloud is designed to be used as a source code repository, we reserve the right to remove any other content (such as music or video), particularly if the content is consuming a disproportionate amount of storage. Please note that, since we do not maintain access to your repositories, any removal of Your Data under Section 5.5 (Removals and Suspension) of the Agreement means removal of the entire repository in which the offending data resides, not just the offending portions.

3. Accessing Repositories. If you are accessing code in someone else’s repository, you should carefully read all the licenses applicable to that repository before using or contributing any code. YOU ACKNOWLEDGE THAT ALL CODE MADE AVAILABLE THROUGH BITBUCKET CLOUD IS THE RESPONSIBILITY OF THE ACCOUNT OWNER CONTROLLING THE PARTICULAR REPOSITORY. WE ARE NOT THE LICENSOR OF ANY THIRD PARTY CODE MADE AVAILABLE THROUGH BITBUCKET CLOUD AND TAKE NO RESPONSIBILITY FOR SUCH CODE.

4. Granting Permissions. Be careful about granting permissions to your repositories. Once you grant such permissions, we will not be able to prevent those users from taking the actions allowed under those permissions, even if you don’t approve of those actions. Be especially careful about granting administrative access to your repositories, as some of those actions may be irreversible. For example, if you grant someone permission that allows them to move content in your repository to another account, we will not be able to reach into that other user’s account without their permission to recover the data, as we are not in a position to arbitrate disputes among our users. In that case, your only recourse may be requesting a takedown under our policy regarding Reporting Copyright and Trademark Violations or pursuing legal action against the other user directly.

Opsgenie-specific terms

Effective starting: October 1, 2018

Analytics for Confluence Data Center-specific terms

Effective starting: August 1, 2019

Your use of Analytics for Confluence Data Center is subject to the terms of the Atlassian Software License Agreement. All references to “Privacy Policy” therein mean the Good Software Privacy Policy available at https://www.goodsoftware.co/privacy.

Jira Align-specific terms

Effective starting: November 1, 2019

Your use of Jira Align is subject to the terms of the Atlassian Cloud Terms of Service (the “Agreement”) as well as the following additional terms. Any capitalized terms used but not defined below have the meanings in the Agreement. “Jira Align” means the cloud product currently branded as “Jira Align” and made available by AgileCraft, LLC.

1. Jira Align. Jira Align is designed to provide visibility, alignment, and productivity for an organization’s use of scaled agile.

2. Support. Without limiting Section 3.2 of the Agreement, to the extent the Enterprise Support and Services Policy applies to Support you purchased for Jira Align, any reference to the “Datasheet” shall mean the Jira Align Enterprise Success Package Datasheet, and such Support shall only apply to Jira Align and cannot be used for any other Atlassian products.

3. Third Party Products. Jira Align may contain functionality or features that are designed to interoperate with, or are contingent on access to or use of, third-party team tools and other third-party products or services (such functionality and features, “Contingent Features” and such third-party team tools and other third-party products and services, “Third-Party Services”). Your use of any Contingent Features and Third-Party Services are subject to Section 6.1 (Third-Party Products) of the Agreement. In addition, you are responsible for ensuring that you have all necessary rights to use the Third-Party Services in connection with Jira Align and to allow us to access the data, content and other materials on such Third-Party Services to enable Jira Align.

4. Refund Policy. Notwithstanding anything to the contrary in Section 10 of the Agreement and for purposes of Jira Align only, the termination and refund right in Section 10 of the Agreement shall apply to any unused prepaid Additional Services purchased as part of your initial Order of Jira Align, provided you exercise your termination right within the period specified in Section 10 of the Agreement.

5. Service Level Agreement.

(a) We shall use commercially reasonable efforts to make Jira Align available at least 99.5% of the time during each calendar month during the current Subscription Term, excluding Excusable Downtime (“Uptime Commitment”). Jira Align is considered available if it can be accessed by one or more users, excluding any Excusable Downtime. “Excusable Downtime” means time that Jira Align is not available to you because of (a) your use of Jira Align in a manner not authorized in the Agreement or not in accordance with the applicable Documentation; (b) force majeure events or other factors outside of our reasonable control, including, without limitation, Internet access or related problems; (c) your equipment, software, network connections or other infrastructure; (d) Your Data or Your Materials; (e) Third-Party Services, Contingent Features, third-party equipment, apps, add-ons, software or technology (other than our agents and subcontractors); or (f) routine scheduled maintenance or reasonable emergency maintenance as set forth in the Atlassian Maintenance Policy. No Uptime Commitment or service credits are provided for (x) free, proof-of-concept, beta or trial services, or (y) features excluded from the Uptime Commitment (in the applicable Documentation).

(b) If you believe that the Uptime Commitment has not been achieved in any calendar month, you must submit a ticket at https://support.atlassian.com with all fields fully and accurately completed within thirty (30) days of the end of such month, and provide any other reasonably requested information or documentation. If we confirm there is a failure to meet the Uptime Commitment, we will issue you a credit based on the below percentages of the applicable subscription fees paid for the current Subscription Term for Jira Align, pro-rated for such month.

Monthly Availability
Percentage Credit

Less than 99.5% but at least 98.0%

5% of the equivalent of one month's subscription fees

Less than 98.0% but at least 95.0%

10% of the equivalent of one month's subscription fees

Less than 95.0%

15% of the equivalent of one month's subscription fees

(c) We will apply each credit against a future payment otherwise due from you for Jira Align, provided that your account is fully paid up, without any outstanding payment issues or disputes. No refunds or cash value will be given for unused credits. Credits may not be transferred or applied to any other Atlassian account or product instance. The aggregate maximum credits applied to an invoice will not exceed 100% of the amount invoiced for Jira Align in that invoice billing period (as opposed to the actual month in which Jira Align was unavailable). We reserve the right to deny a credit if you do not qualify for one.

(d) If you ordered Jira Align through a Reseller, (x) you or the Reseller remain responsible for submitting a ticket as set forth in Section 5(b) above; and (y) any credits will be based on the fees invoiced to the Reseller for your use of Jira Align under its applicable order(s) with us, we will issue any associated credits to the Reseller (not directly to you), and the Reseller will be solely responsible for issuing the appropriate amounts to you. Section 5(c) applies to the Reseller and its applicable orders and invoices with us.

(e) If, in any period of three (3) consecutive months, the availability percentage (excluding Excusable Downtime) for Jira Align during such period is less than 95%, you may terminate the affected Order(s) upon written notice and receive a pro rata refund of the applicable subscription fees actually pre-paid for the remainder of the then-current Subscription Term under such Order. The credit and the foregoing termination right are your sole and exclusive remedies and our sole liability for any breach of the Uptime Commitment.

6. Jira Align - Specific Policies and Documentation

For purposes of these Jira Align-specific terms:

· All references to “Documentation” means the user documentation provided by us to you through Jira Align.