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Effective starting: December 15, 2020
We're excited that you've chosen to develop on the Atlassian Platform. The Atlassian Platform allows you to build amazing Apps for teams. When you develop on the Atlassian Platform, you agree to be bound by these Terms, so please read them carefully.
These Atlassian Developer Terms (the "Terms") are a binding agreement between Atlassian Pty Ltd (ABN 53 102 443 916) ("we" or "Atlassian") and the individual or entity registering as a developer on the Atlassian Platform ("you" or "Developer"). If you are an individual registering on the Atlassian Platform on behalf of your company, organization or other entity (for example, as an employee), then "you" or "Developer" means the entity and you are binding the entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms or use the Atlassian Platform. The Atlassian Platform is not intended for and may not be used by anyone under the age of 16.
By clicking on "I agree" (or a similar button) or by using or accessing the Atlassian Platform, you agree to be bound by these Terms.
Atlassian may modify these Terms from time to time, subject to Section 19 (Changes to Terms) below. Certain capitalized terms are defined in Section 23 (Definitions) and others are defined contextually in these Terms.
Introduction. The Atlassian Platform helps you develop and use Apps with Atlassian Products. These Terms apply to all developers on the Atlassian Platform, whether you are an end user of Atlassian Products or a third party who provides your Apps to end users. These Terms govern use of the Atlassian Platform and your Apps, but use of the Atlassian Products themselves remains subject to the applicable Atlassian Customer Agreement.
2.1. Registration. To use the Atlassian Platform, you must follow our registration and credentialing requirements. All Atlassian Platform access keys or developer credentials are Atlassian's Confidential Information and may not be shared with third parties.
2.2. Review. You and your Apps must comply with the Developer Guidelines. Atlassian reserves the right to review your compliance with the Developer Guidelines and our security, performance and other criteria. At Atlassian's request, you will comply with our review process and provide us with reasonably requested information, including (if applicable) test accounts for your Apps, which we will only use for purposes of such review. Atlassian may change its review processes at any time.
2.3. Marketplace. This Agreement does not govern the Atlassian Marketplace. If you wish to list your App in the Atlassian Marketplace, you must enter into the separate Atlassian Marketplace Partner Agreement at https://www.atlassian.com/licensing/marketplace/partneragreement.
Your Use Rights. Subject to these Terms, you may use the Atlassian Platform to develop and use Apps to use with Atlassian Products, but only as permitted by the relevant Developer Guidelines. All of your use rights in these Terms (including your rights to use Atlassian Marks below) are limited, non-exclusive, non-sublicenseable and non-transferable. You may, however, permit your agents and contractors to exercise your use rights on your behalf, provided that you remain responsible for their compliance with these Terms.
Usage Limits. From time to time, Atlassian may place limits on access to the Atlassian Platform (e.g., limits on numbers of calls or requests). Further, Atlassian may monitor your usage of the Atlassian Platform and limit the number of calls or requests you may make if Atlassian believes that your usage is in breach of this Agreement or may negatively affect the Atlassian Platform (or otherwise impose liability on Atlassian).
App Types. As described in the Developer Guidelines, the Atlassian Platform allows a variety of App types, including on-premises software Apps, cloud Apps that you host and Forge Apps that Atlassian assists in hosting on your behalf. Forge Apps are subject to additional terms.
Conditions on Use. As conditions on your rights under these Terms, you agree not to (and not to authorize any third party to): (a) use the Atlassian Platform except with the related Atlassian Products and in accordance with the Developer Guidelines; (b) modify or create any derivative works of the Atlassian Platform (except to the extent your Apps are deemed derivative works under applicable law); (c) take any action that would subject the Atlassian Platform to any third party terms, including without limitation any "open source" software license terms; (d) make any calls to the Atlassian Platform that are not driven by a request from an end user or the App itself, other than as part of reasonable testing of your Apps with the Atlassian Platform; (e) copy, frame or display any elements of the Atlassian Products through your Apps or use the Atlassian Platform with Apps that substantially replicate any features or functionality of Atlassian Products, except as expressly authorized by Atlassian in writing; (f) copy, distribute, sell, sublicense, rent or lease the Atlassian Platform or any access key provided by Atlassian or use such items for hosting, service provider or like purposes; (g) access the Atlassian Platform for competitive analysis or disseminate performance information (including uptime, response time and/or benchmarks) relating to the Atlassian Platform or Atlassian Products or (h) use the Atlassian Platform in violation of the AUP.
Use of Marks.
7.1. Atlassian Marks. Subject to these Terms, you may use the appropriate Atlassian Marks to promote your Apps as compatible with the relevant Atlassian Products. Your use of Atlassian Marks must comply with the Atlassian Trademark Guidelines and (without limiting Atlassian's other termination rights) you must promptly cease any use of Atlassian Marks identified by Atlassian as problematic. You may not register any domain name containing Atlassian Marks, the word "Atlassian" or the name of any Atlassian Product (or anything confusingly similar) and if you have done so you agree to transfer ownership of the domain name to Atlassian at no charge. You also agree not to contest the validity of ownership of any Atlassian Marks. You receive no other rights to Atlassian Marks under these Terms. All goodwill arising from use of Atlassian Marks inures to Atlassian.
7.2. Your Marks. If you make available your Apps to third party end users, Atlassian may (but is not obligated to) use Your Marks to identify you as an Atlassian developer and to promote your Apps and Atlassian Products.
8.1. Generally. Without limiting your express obligations in these Terms, you are solely responsible, at your own expense, for how you develop, operate and support your Apps and for your own relationships with end users.
8.2. Atlassian Customer Agreement. Use of Atlassian Products requires each end user to have a valid license or subscription with Atlassian subject to the applicable Atlassian Customer Agreement. You will not facilitate or encourage any end user to violate any Atlassian Customer Agreement or interfere with any end user's review or acceptance of any Atlassian Customer Agreement. If you or your Apps send any data to Atlassian Products on an end user's behalf, Atlassian's processing of that data will be subject to the applicable Atlassian Customer Agreement governing such applicable end user's use of the Atlassian Products (except as provided above regarding Forge Apps).
8.3. No Resale. These Terms do not grant you the right to distribute or resell Atlassian Products or to create any binding commitment on behalf of Atlassian. In addition, you may not directly or indirectly charge end users for use of, or access to, the functionality of the Atlassian Products or Atlassian Platform (but this does not limit you from charging a standard overall fee for your Apps).
8.4. Your Representations and Warranties. You represent and warrant that: (a) you have full power and authority to enter into and perform these Terms and to use your Apps without violating any other agreement; (b) your Apps and their use will not violate any Laws or third party rights (including intellectual property rights and rights of privacy or publicity); (c) all information you provide to Atlassian is and will be true, accurate and complete and (d) you will not interfere with Atlassian's business practices or the way in which it licenses or distributes the Atlassian Products or Atlassian Platform. You may not suggest any affiliation with Atlassian, including any suggestion that Atlassian sponsors, endorses or guarantees your Apps, except for the Atlassian Platform integration relationship expressly contemplated in these Terms. You may not make any representations, warranties or commitments regarding Atlassian or Atlassian Products or on behalf of Atlassian.
8.5. Indemnification. You will indemnify, defend (at Atlassian's request) and hold harmless Atlassian and its affiliates and their respective directors, officers, employees, agents, contractors, end users and licensees from and against any claims, losses, costs, expenses (including reasonable attorneys' fees), damages or liabilities based on or arising from (a) your Apps, (b) your relationships or interactions with any end users or third party distributors of your Apps or (c) your breach or alleged breach of these Terms. Atlassian may at its own expense participate in the defense and settlement of any claim with its own counsel, and you may not settle a claim without Atlassian's prior written consent (not to be unreasonably withheld).
End User Data & Security.
9.1. End User Data. An end user may enable you or your Apps to access End User Data. Based on the activities under this Agreement, Atlassian may provide you with access to End User Data.
9.3. End User Communications. You may use End User Data to communicate directly with end users only where the communication is with technical or billing contacts, required by Laws, or as consented to or requested by the end user. But you may not send marketing messages to end users within any user experience integrated with Atlassian Products without Atlassian's express written consent.
9.4. End User Terms. You must ensure end users agree to your End User Terms, which must comply with all Laws.
9.6. Security. You must use industry-standard security appropriate for all End User Data you receive and comply with any security, coding practices, authentication or encryption requirements for Apps in the Developer Guidelines.
9.7. Security Incidents. Upon discovery or notice of any Security Incident, unless prohibited by Laws, you will notify Atlassian without undue delay through the ticketing process described in the App Security Incident Management Guidelines. Your notice will provide Atlassian information about the Security Incident and how it may affect Atlassian Products, end users or End User Data, and you agree to provide further information and assistance related to the Security Incident as Atlassian may request. In event of a Security Incident, you will be solely responsible, at your own expense, for investigation, remediation and your own notifications to affected end users and regulatory authorities in accordance with Laws and industry standards. However, you must obtain Atlassian's approval for any breach notifications to end users that refer directly or indirectly to Atlassian. You must ensure that you have an updated contact name and contact information in your developer account for Security Incidents.
Ownership. Atlassian does not claim ownership of your Apps and you reserve all rights not expressly granted in these Terms, including any goodwill associated with Your Marks. Atlassian and its licensors retain all ownership and other rights (including all intellectual property rights) in the Atlassian Platform, Atlassian Products and Atlassian Marks (including associated goodwill). Providing feedback, comments or suggestions about the Atlassian Platform ("Feedback") to Atlassian is wholly voluntary. Atlassian may freely use Feedback for any purpose.
No Support or Maintenance. Atlassian has no obligation to provide any maintenance or support for the Atlassian Platform (or to end users of Apps) or to fix any errors or defects. If Atlassian in its discretion provides any updates, modifications, enhancements or other new releases to the Atlassian Platform, such materials will be deemed included in the "Atlassian Platform" under these Terms unless Atlassian specifies otherwise.
Changes to Atlassian Platform. From time to time, Atlassian may change the Atlassian Platform or related Atlassian Products. Future versions of the Atlassian Platform may not be compatible with Apps developed using previous versions. Atlassian typically makes these changes as part of its overall developer program and is unable to provide notice of the changes to developers individually. Atlassian will have no liability resulting from the actions described in this paragraph.
Termination. These Terms remain in effect until terminated.
13.1. By Developer. You may terminate these Terms at any time by ceasing all use of the Atlassian Platform and any relevant developer credentials.
13.2. By Atlassian. Atlassian may terminate these Terms (a) for no reason or any reason upon thirty (30) days' notice to you or (b) if you breach any provision of these Terms and do not cure such breach within fifteen (15) days after written notice of the breach (or immediately in Atlassian's discretion in case of willful or significant breaches). Atlassian may also suspend your use of the Atlassian Platform (including the use of any Apps) or terminate these Terms immediately if Atlassian is required to do so by Law, if Atlassian ceases to offer the Atlassian Platform, Atlassian Products or its developer program or if Atlassian determines that continuing under these Terms could result in legal or business liability or cause harm to its products, services, reputation or users.
13.3. Effect of Termination. Upon any suspension or termination, you must cease using the Atlassian Platform and Atlassian Marks and, at Atlassian's request, return or destroy all Confidential Information. Sections 7.2 (Your Marks), 8 (Your Responsibilities), 9 (End User Data & Security), 10 (Ownership) and 13 (Termination) through 23 (Definitions) will survive any termination of these Terms. After termination, you will have no further access to any Atlassian developer website or portal or to any data or content that you submitted to Atlassian relating to the Atlassian Platform.
13.4. No Liability. Atlassian will have no obligation or liability resulting from termination or suspension of these Terms as permitted above.
Disclaimer of Warranties. TO THE FULL EXTENT PERMITTED BY LAW, THE ATLASSIAN PLATFORM, ATLASSIAN PRODUCTS AND ATLASSIAN MARKS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND ATLASSIAN AND ITS THIRD PARTY LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR ANY PURPOSE. ATLASSIAN MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE RELATED TO RELIABILITY, ACCURACY OR COMPLETENESS OF THE ATLASSIAN PLATFORM OR ATLASSIAN PRODUCTS, THAT ATLASSIAN WILL CONTINUE TO OFFER THE ATLASSIAN PLATFORM OR ITS DEVELOPER PROGRAM OR THAT USE OF THE ATLASSIAN PLATFORM OR ANY ATLASSIAN PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED, ERROR-FREE OR MEET YOUR REQUIREMENTS OR EXPECTATIONS. You may have other statutory rights, in which case the disclaimers above will apply to the full extent permitted by law.
Limitations of Liability. TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL ATLASSIAN BE LIABLE (A) FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS OR LOST DATA), EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR (B) IN ANY EVENT, FOR ANY DAMAGES OR LIABILITIES EXCEEDING ONE HUNDRED U.S. DOLLARS (\$100). NOTWITHSTANDING ANYTHING TO THE CONTRARY, ATLASSIAN HAS NO WARRANTY, SERVICE LEVEL, SUPPORT, SECURITY, INDEMNIFICATION OR OTHER OBLIGATION OR LIABILITY WITH RESPECT TO YOUR APPS (INCLUDING ANY FORGE APPS) OR THEIR COMBINATION, INTERACTION OR USE WITH THE ATLASSIAN PLATFORM OR ANY ATLASSIAN PRODUCTS OR END USER DATA. You acknowledge and agree that this Section 15 reflects a reasonable allocation of risk and will apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, and that Atlassian would not enter into these Terms without these liability limitations. This Section will survive notwithstanding any limited remedy's failure of essential purpose.
Atlassian Confidential Information. "Confidential Information" means non-public elements of the Atlassian Platform and any other information disclosed by Atlassian that is marked as confidential or proprietary or that you should reasonably understand to be confidential or proprietary. Confidential Information does not include any information that: (a) is or becomes generally known to the public; (b) was known to you before its disclosure hereunder or (c) is received from a third party, in each case without breach of an obligation owed to Atlassian or anyone else. You will (i) maintain Confidential Information in confidence (using at least the same measures as for your own confidential information, and no less than reasonable care) and not divulge it to any third party and (ii) only use Confidential Information to fulfill your obligations under this Agreement. If you are compelled by law to disclose Confidential Information, you must provide Atlassian with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Atlassian's cost, if Atlassian wishes to contest the disclosure. In the event of actual or threatened breach of this Section 16, Atlassian shall have the right, in addition to any other remedies available to it, to seek injunctive relief to protect its Confidential Information, it being specifically acknowledged by the parties that other available remedies may be inadequate.
Independent Development; Information You Provide Is Not Confidential. Atlassian develops its own products and services and works with many other partners and developers, and either Atlassian or these third parties could in the future develop (or already have developed) products, concepts or ideas similar to your or your Apps. Nothing limits Atlassian or such third parties from doing so, and Atlassian has no confidentiality obligations for information you submit in connection with this Agreement.
Export Restrictions. The Atlassian Platform is subject to export restrictions by the United States government and import restrictions by certain foreign governments, and you agree to comply with all applicable export and import laws and regulations in your use of the Atlassian Platform. You shall not (and shall not allow any third-party to) remove or export from the United States or allow the export or re-export of any part of the Atlassian Platform or any direct product thereof: (a) into (or to a national or resident of) any embargoed or terrorist-supporting country; (b) to anyone on the U.S. Commerce Department's Denied Persons, Entity or Unverified Lists or the U.S. Treasury Department's list of Specially Designated Nationals and Consolidated Sanctions list (collectively, "Prohibited Persons"); (c) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval or (d) otherwise in violation of any export or import restrictions, laws or regulations of any United States or foreign agency or authority. You represent and warrant that (i) you are not located in, under the control of or a national or resident of any such prohibited country and (ii) you are not a Prohibited Person nor owned, controlled by or acting on behalf of a Prohibited Person. You agree not to use the Atlassian Platform for any prohibited end use, including to support any nuclear, chemical or biological weapons proliferation, or missile technology, without the prior permission of the United States government.
Changes to Terms. Atlassian may modify these Terms from time to time, including any referenced policies, terms or their URLs. Atlassian will use reasonable efforts to notify you of modifications as provided in Section 22 (General). You may be required to click through the modified Terms to show your acceptance and in any event your continued use of the Atlassian Platform after the modification constitutes your acceptance to the modifications. If you do not agree to the modified Terms, your sole remedy is to terminate your use of the Atlassian Platform as described in Section 13 (Termination).
Usage Data. In addition to Atlassian's other rights, Atlassian may collect certain data and information regarding your use of the Atlassian Platform, including data about requests and API use, App metadata, and the end user accounts that you access ("Usage Data"). We may use Usage Data for any purpose in connection with operating, improving and supporting the Atlassian Platform.
Open Source Software. Certain distributed code in the Developer Platform (e.g., SDKs) may be licensed under or include components subject to "open source" software terms ("OSS"). To the extent applicable, Atlassian will identify OSS included in the Developer Platform in or through the Developer Platform itself. The OSS licenses may grant you additional rights to the OSS code itself and allow you to use the OSS outside of our Developer Platform. However, when you use the OSS as part of the Developer Platform, you must comply with these Terms.
General. These Terms are the parties' entire agreement and supersede any prior or contemporaneous agreements relating to its subject matter. Except as set forth in Section 19 (Changes to Terms), all amendments or modifications must be in writing and signed by both parties. The words "including" and similar terms are to be construed without limitation. Failure to enforce any provision is not a waiver and all waivers must be in writing. If any provision of these Terms is held invalid, illegal or unenforceable, it will be limited to the minimum extent necessary so the rest of these Terms remain in effect. You may not assign, transfer or delegate any right or obligations under these Terms and any non-permitted assignment is void. Atlassian may assign these Terms and its rights and obligations to any of its affiliates or in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of its assets or voting securities to which these Terms relate. Notices must be in writing and will be deemed given when delivered. Atlassian may provide notice to the email or physical address provided by you or through Atlassian's developer website. Your notices to Atlassian must be given by post to Atlassian Pty Ltd, c/o Atlassian, Inc., 350 Bush Street, Floor 13, San Francisco, CA, USA 94104, Attn: General Counsel. The parties are independent contractors and these Terms do not create any agency, partnership or joint venture. These Terms will be governed by and construed in accordance with the laws of the State of California, excluding conflicts of law rules and principles. Each party submits to the personal and exclusive jurisdiction of the federal or state courts for San Francisco County, California. Atlassian will not be liable to you for any delay or failure to perform any obligation under these Terms if the delay or failure is due to unforeseen events that are beyond its reasonable control. The Atlassian Platform and Atlassian Products are commercial computer software. If the user or licensee of such technology is an agency, department or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure or transfer of such technology, or any related documentation of any kind, including technical data and manuals, is restricted by these Terms in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. The Atlassian Platform and Atlassian Products were developed fully at private expense. All other use is prohibited.
"Apps" means applications, plugins or extensions that are designated to interoperate with Atlassian Products, including any Forge Apps.
"Atlassian Customer Agreement" means the then-current version of the Atlassian Software License Agreement at https://www.atlassian.com/legal/software-license-agreement, Atlassian Cloud Terms of Service at https://www.atlassian.com/legal/cloud-terms-of-service or other customer agreement with Atlassian for use of the applicable Atlassian Products.
"Atlassian Marks" means Atlassian's names, logos and trademarks as designated in the Atlassian Trademark Guidelines at https://www.atlassian.com/legal/trademark.
"Atlassian Platform" means Atlassian's developer platform, including our APIs, API keys, CLIs, sample code, access tokens, SDKs and other tools described at https://developer.atlassian.com/ or included with the Forge Framework.
"Atlassian Products" means Atlassian's cloud and installed software products made available under an Atlassian Customer Agreement.
"AUP" means Atlassian's Acceptable Use Policy at https://www.atlassian.com/legal/acceptable-use-policy.
"Developer Guidelines" means the Atlassian Developer Guidelines found at https://developer.atlassian.com/. Except where noted, references to the Atlassian Platform also include the Developer Guidelines.
"End User Data" means any data, content or information of an end user that is accessed, collected or otherwise processed by you or your App in connection with use of the Atlassian Platform.
"End User Terms" means a legally adequate agreement governing end user use of your App.
"Forge Apps" means any Apps or components thereof that you develop using our Forge Framework, including any Developer content in such Apps.
"Forge Framework" means Atlassian's Forge development framework described at https://www.atlassian.com/forge.
"Laws" means all applicable laws, rules, regulations or orders, including those relating to data privacy, data transfer, international communications or the export of technical or personal data.
"Sensitive Personal Information" means any (a) special categories of data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation, (b) patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act (as amended and supplemented) ("HIPAA"), (c) credit, debit or other payment card data subject to the Payment Card Industry Data Security Standards ("PCI DSS"), (d) other personal information subject to regulation or protection under specific Laws such as the Gramm-Leach-Bliley Act (or related rules or regulations), (e) social security numbers, driver's license numbers or other government ID numbers or (f) any data similar to the above protected under foreign or domestic Laws.
"Security Incident" means any actual or suspected (a) unauthorized access, acquisition, use, disclosure, modification, loss or destruction of End User Data in the possession or control of you or your agents or contractors (whether intentional or accidental), (b) security vulnerability or compromise of your App or (c) issue involving your App that materially degrades Atlassian systems or networks.
"Your Marks" means your name, logos and other trademarks, including those related to your Apps.
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