Expanded Coverage Addendum
Effective starting: August 6, 2019
This Expanded Coverage Addendum (“Addendum”) applies solely to your use of the qualifying Cloud Products expressly listed below. This Addendum supplements and forms part of the Atlassian Cloud Terms of Service (the “Agreement”) solely with respect to such use. Any capitalized terms used but not defined below have the meanings set out in the Agreement.
This Addendum only applies to the Cloud Products listed here.
Any references to Cloud Products in Sections 1 through 3 below shall be construed only to include the foregoing qualifying Cloud Products. This Addendum does not apply to any other products or editions.
1. Premium Performance Warranty. We warrant, for your benefit only, that (i) the Cloud Product will operate in substantial conformity with the applicable Documentation and (ii) we will not materially decrease the functionality or overall security of the Cloud Product during the applicable Subscription Term. For clarity, these additional warranties are deemed to be part of the Performance Warranty set forth in Section 18 (Warranties and Disclaimer) of the Agreement and, accordingly, are subject to Section 18.3 (Warranty Remedy) and Section 18.4 (Warranty Disclaimer) of the Agreement.
2. Enhanced Liability Cap for Data Incidents. “Special Claims” means any breach by us of Section 4.1 (Security) or Section 16 (Confidentiality) of the Agreement resulting in unauthorized disclosure of Your Data in the Cloud Product. Special Claims arising under this Addendum are deemed to be Excluded Claims for purposes of Section 19.1 (Consequential Damages Waiver) and Section 19.2 (Liability Cap) of the Agreement, subject to the following provision. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR AND OUR SUPPLIERS' AGGREGATE LIABILITY TO YOU FOR SPECIAL CLAIMS WILL NOT EXCEED THREE (3) TIMES THE LIABILITY CAP SET FORTH IN SECTION 19.2. This Section survives termination or expiration of the Addendum, Agreement or applicable Order.
3. Service Level Agreement. We provide the Cloud Product in accordance with the Atlassian Service Level Agreement.