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• “App” means a cloud or downloadable software application, plugin or extension to an Atlassian Product developed and distributed by us that you obtain through Atlassian Marketplace (either paid or free of charge), including any upgrades, modified or subsequent versions, updates, or error corrections provided by us.
• “Atlassian Product” means a downloadable software application or a cloud product developed and distributed by Atlassian with which the App is enabled or used (e.g. Confluence, Bitbucket or Jira).
• “Atlassian Marketplace” shall have the meaning assigned to such definition in the Atlassian Marketplace Terms.
• “Atlassian” means Atlassian Pty Ltd, an Australian corporation (ABN 53 102 443 916), the owner and provider of the Atlassian Marketplace and a reseller of the Apps available through Atlassian Marketplace.
• “Documentation” user manuals, FAQ or support pages, information contained on an App Page, and other documentation related to the App provided by us in electronic or online form, including in our Documentation Center.
• “App Page” means a section of the Atlassian Marketplace dedicated to the particular App. 
• “Software App” means an App downloadable from the Atlassian Marketplace and designed to run in your instances of Atlassian Products behind your firewall. Software Apps include any “Server” or “Data Center” deployments of our Apps.
• “Cloud App” means our App that runs on our or Atlassian’s servers or is provided to you as a cloud-based (software-as-a-service) solution.
• “Reseller” means Atlassian, Atlassian Solution Partners (as defined by Atlassian) or other Atlassian authorized resellers, through which you have obtained the App from the Atlassian Marketplace.
• “Atlassian Marketplace Terms” means Atlassian Marketplace Terms of Use and other sections of the Atlassian website applicable to apps developed by Atlassian verified vendors and distributed through Atlassian Marketplace, for example, this section.
• "End User" means the specific individual you or your Affiliate designates and permits or invites to use the Apps. For the avoidance of doubt individuals invited by your End Users, individuals under managed accounts, and individuals interacting with an App as your customer are considered your End Users.
• “Scope of Use” means the extent to which you may use the App as may be specified in the ordering documentation, which includes, as applicable: (i) the number and types of End Users, (ii) storage or capacity (for Cloud Apps), (iii) numbers of licenses, copies or instances (for Software Apps), (iv) domain(s) associated with your use of Cloud Products (for Cloud Apps), (v) entity, division, business unit, website, field of use or other restrictions or billable units (for Software Apps), (vi) term or subscription period, and (vii) other conditions, limitations or restrictions.
• “Access Credentials” means login details and passwords of your End Users, which may be required to access and/or use the App or its particular feature or section.
• “SLA” means terms and conditions that define the support level for an App as may be provided at Support and Service Level Agreement pages.“Your Data” means your content, code, materials, information of any type that you (including any of your End Users) submit, upload, transmit or otherwise make available to Cloud Apps.
• “Third-Party Services” means software platforms, services, plug-ins, applications, components developed and/or provided by Atlassian (e.g. the Atlassian Marketplace, Atlassian Products, etc.) or by other Atlassian vendors and software developers.
• “Affiliate” means an entity which, directly or indirectly, owns or controls, is owned or is controlled by or is under common ownership or control with a party of this Agreement, where “control” means the power to direct the management or affairs of an entity, and “ownership” means the beneficial ownership of 50% (or, if the applicable jurisdiction does not allow majority ownership, the maximum amount permitted under such law) or more of the voting equity securities or other equivalent voting interests of the entity.
• “Sensitive Data” means any (i) categories of data enumerated in European Union Regulation 2016/679, Article 9(1); (ii) patient, medical or other protected health information regulated by HIPAA; (iii) credit, debit or other payment card data subject to PCI DSS; (iv) other information subject to regulation or protection under specific laws such as the Gramm-Leach-Bliley Act (or related rules or regulations); (v) social security numbers, driver’s license numbers or other government ID numbers; or (vi) any data similar to the foregoing that is protected under foreign or domestic laws or regulations.

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• Reverse engineer, decompile or disassemble the Apps or otherwise seek to obtain or derive the source code, underlying ideas or algorithms, except as permitted by law.
• Adapt, alter, modify, translate, make any attempt to create derivative works of/from the Apps.
• Defeat, bypass, disable, interfere with or otherwise circumvent any license key mechanism in the Apps or otherwise circumvent mechanisms in the Apps intended to limit its use.
• Attempt to access or use the Apps other than by using the Access Credentials or as otherwise made available or permitted by us.
• Remove or alter any our or third party’s trademark, logo, copyright or other proprietary notices, legends, symbols or labels.
• Redistribute, encumber, sell, rent, lease, sublicense, assign, or otherwise transfer the Apps or any rights or interest therein, or provide access to the Apps to a third party.
• Use the Apps as part of a service provider or software-as-a-service, or otherwise display, perform, or publish the Apps or their parts to benefit from the use of the Apps.
• Use the Apps for competitive analysis or to build competitive products.
• Use the Apps to generate and send spam and unsolicited advertising in case the App lets you send messages. You must determine whether any anti-spam, advertising, e-commerce or data protection laws apply to you based on the country where you, your contacts or customers are located, and comply with those laws when using the App.
• Use the Apps to submit, upload, post, share, store, transmit or otherwise provide Your Data, as well as other text, images, videos, sounds, music, code, or files containing such content that:
  • is unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography), is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or is otherwise objectionable in our opinion;
  • you do not have right to submit;
  • infringes the intellectual property rights or violates the rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, right of publicity, personal data rights or any confidentiality or fiduciary obligations), or otherwise violates or promotes the violation of the rights of any third party;
  • contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software, or interferes with the access of any user, host or network.
• Use the Apps in any manner not authorized by this Agreement.
• Encourage or assist any third party to do any of the foregoing.

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The Reseller will deliver the applicable license keys (for  Software Apps) or subscription instructions (for Cloud Apps) to the email address(es) you specified to Reseller. All deliveries will be electronic. You are responsible for installation of the App and its compatibility with your systems, hardware, software and services.

Any Unless otherwise is not agreed upon between you and us (for example, when you and us agree that all billing matters are handled by us directly), any and all payments, delivery, renewals, subscriptions and refunds are handled by and managed through the Reseller. We are not a part of these arrangements, which are exclusively between you and the Reseller, and are not responsible for the processing of payments, delivery, renewals, subscription management or refunds, and shall not be held liable for any matter in connection therewith. Please refer to the “Pricing” section of the App Page and to the applicable Atlassian Marketplace Terms for more information about pricing, delivery, billing, subscription management, renewals and payment terms.

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You accept responsibility for the confidentiality and use of Access Credentials that you may receive for your End Users’ access to the App and for their use. You accept responsibility for all activities that occur under your and End User’s Access Credentials. You agree to notify us without undue delay if you become aware of any loss, theft or unauthorized use of Access Credentials.

8. Evaluation License

An App may be provided for a free trial period for you to assess its features and performance. Evaluation license is granted for evaluation purposes only, and for a limited period of time.

Any such terms and conditions are incorporated into this Agreement by reference and are legally binding.

Access to and use of the Apps provided for a trial period may be restricted, such as to the specified number and duration of permitted extensions of the App trial.

You agree and acknowledge that you may not circumvent the requirement for the number and duration of permitted extensions of the App trial or circumvent any other restrictions in relation to the App trials.

We reserve the right to immediately terminate or suspend the trial at any time and in our sole discretion for your violation of this Agreement, Documentation and/or the trial terms set out by Atlassian.

Any data you enter and any configurations or customizations made to an App by or for you, during your free trial will be permanently lost unless you purchase a subscription to the same AppAtlassian is responsible for setting out trial terms and conditions and their extension (if applicable), which may vary for Cloud Apps and Software Apps. Please, refer to the “Pricing” section of the App Page for more information.

9. Third Party Software and Services

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10. Support

The purchase price of a Software an App includes version updates (maintenance) and support. 

Maintenance and support for Software App are provided for a prepaid period of one, two or three years, or for other Apps are provided as long as your subscription is active or for another term as agreed by you and the Reseller. The pricing details and the terms of the support and maintenance renewal can be found in the “Pricing” section and “Support” sections (tabs) of the App Page.

A Cloud App is supported as long as your subscription is active.

We do not provide support and maintenance for free Apps. We may provide support and maintenance for free Apps at our sole discretion and on our own ad hoc terms.

We provide General support services are provided in accordance with our SLAsupport terms and conditions described on “Our Support”  and “Contact Us” pages.

App General support includes an online FAQ, online documentation and support through online helpdesk (ticket system) or via email.

We may offer premium support for certain Apps. When you purchase a premium support subscription you agree to its terms and conditions as described on the App’s premium support pages.  

Support is available in English. At our discretion we may make it available in other languages or through other communication channels.

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We will make updates or upgrades available for the Apps, if and when available.

For the avoidance of doubt, support Support and maintenance do not include any training, custom software development or implementation of custom features for the App, or any assistance with the Atlassian Product or any other Third-Party Service, their updating, maintenance or support.

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Entire Agreement. This Agreement is the entire agreement between you and us relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, letter or other communication between the parties relating to its subject matter during the term of this Agreement. This Agreement does not give any third party any rights or remedies hereunder.

Last updated:23 June 2021