OpsGenie Terms of Service - Summary of Changes

Now that OpsGenie has been acquired by Atlassian, OpsGenie is adopting Atlassian's Cloud Terms of Service. In order to help communicate what is changing, we've prepared this summary of some of the key changes from our previous terms of service. This summary isn't intended to capture everything that changed, so please be sure to review the Cloud Terms of Service in their entirety.

Highlights of Cloud Terms of Service

Purpose

This Privacy Policy explains how OpsGenie collects, uses and shares information about you when you interact with OpsGenie, including through our website, services and mobile apps, to the extent that we will be the controller of such information (that is, where we have the control over deciding why and how to process the information).  It lets you know what rights and choices you have regarding our use of your information and how you can access and update that information.

New Framework

Structure.  Our new cloud terms include the general terms, OpsGenie-specific terms and Orders.  The general terms establish a common set of terms that govern each customer's use of OpsGenie (and other Atlassian cloud offerings, where applicable).  The OpsGenie-specific terms address unique OpsGenie features and practices and override any conflicting terms in the framework terms. Orders contain plan-level details like pricing, user headcounts and similar transaction-level details.

Existing Policies.  Under the new cloud terms, we reference key existing OpsGenie documents, including our Service Level Agreement and System Plan Support and Security Controls, to reflect our current practices and to help provide a common reference point for our customers.

New Policies.  OpsGenie will be subject to several Atlassian policies, such as the Acceptable Use Policy and Reporting Copyright and Trademark Violations Policy, in an effort to streamline our practices across offerings.

Use of Opsgenie

Age Requirement. Our products are not intended to be used by children under the age of 16.

Domain Name Ownership. We reserve the right to verify that you own any domain names that you specify for the operation of our products.

Benchmarking. We added some restrictions on your use of our products for competitive benchmarking purposes and around your dissemination of information regarding the performance of our products.

Sensitive Data. We made clear that our products are not intended to be used to collect, store, process, and/or transmit sensitive information such as personal health information or credit card details.

Liability terms

Liability Cap.  Each party’s liability for most damages arising under the agreement is limited to fees for the past twelve months.

Indemnification. We added further details on the conditions, procedures and remedies associated with an indemnification claim by you for our alleged infringement. We also updated your indemnity to us for breaches of certain sections regarding your data and permitted use of our product that are within your control.

Other key changes

Publicity Rights. You may contact us at publicity@opsgenie.com if you wish not to be identified as a customer in our promotional materials.

Reseller Purchases.  We added a section detailing how payment works if you purchase our products through a reseller.

Governing Law. We changed governing law and jurisdiction to California.

Dispute Resolution. We provided an informal dispute resolution mechanism that allows the parties to negotiate in good faith any disputes that may arise.

Export Restrictions. We added a section requiring your compliance with all applicable export and import laws so that our products are not used in prohibited countries or by prohibited individuals.

Government End Users. We clarified additional terms and conditions that apply if you are using our products in an official capacity on behalf of United States federal, state, or local governments.