Atlassian Labs Cloud Terms of Service
Thank you for your interest in Atlassian Labs, where we release experiments into the world for testing and feedback. These terms (“Terms”) apply specifically to the Atlassian Labs cloud project listed above (the “Experimental Service”) and form a binding agreement between you (“you”) and Atlassian Pty Ltd (ABN 53 102 443 916) (“we” or “Atlassian”) with respect to your access to the project. If you are entering into these Terms on behalf of a company, organization or other legal entity, then “you” also includes that entity, and you are binding that entity to these Terms and representing that you have authority to do so.
By clicking on “Agree to Terms of Service” (or a similar button) or accessing the Experimental Service, you agree to be bound by these Terms.
Under these Terms, you may access the Experimental Service for the purposes of previewing it, testing it, and providing feedback to us (“Technical Preview”). The Experimental Service includes any online services or offline elements we make available as part of the Technical Preview, including any software or code. To participate, you must complete Atlassian’s registration process and provide us with accurate and complete information about you and your company (if applicable). Participation in the Technical Preview is currently free of charge, but Atlassian may revise this policy in the future.
2. Use of Experimental Service.
You may use the Experimental Service only to participate in the Technical Preview and in compliance with any guidelines provided by Atlassian. You agree to keep your login credentials for the Experimental Service confidential and not share access to them with anyone else. You will not (or allow anyone else to): (a) rent, lease, provide access to or sublicense the Experimental Service to a third party, or otherwise use it for the benefit of any third party; (b) reverse engineer, decompile, or disassemble the Experimental Service, or otherwise seek to obtain its source code or non-public APIs; (c) modify or create any derivative works of the Experimental Service; (d) remove or obscure any proprietary or other notices contained in the Experimental Service; or (e) use the Experimental Service for benchmarking, competitive analysis or similar purposes.
At Atlassian’s request, you agree to provide feedback, comments and suggestions about the Experimental Service or about what you might like to see from Atlassian in the future (“Feedback”). We are not required to use your Feedback, but for any Feedback you provide, you grant Atlassian a worldwide, perpetual, irrevocable, sublicenseable, royalty-free right and license to use, copy, disclose, license, distribute and exploit the Feedback in any manner without any obligation, payment, or restriction based on intellectual property rights or otherwise.
4. Data Collection.
- Currently, enso.me does not offer the ability to record video sessions. We may offer this feature in the future. If we offer this feature, users would have the option of turning recording on and off.
- Please be aware that we will store your sessions so that you can come back to an old session and access it.
- We will track the number of participants in a video session, as well as their relative position in the video image itself, to optimize user experience (for example in order to enable auto-zoom).
- Please be aware that Content that you upload to enso.me will also be stored locally on your machine to improve performance and to enable you to create and access Content when you are offline.
5. Your Data.
“Your Data” means any data, content, code, video, images or other materials of any type that you upload, submit or otherwise transmit to or through the Experimental Service. You will retain all right, title and interest in and to Your Data in the form provided to Atlassian. Subject to the terms of this Agreement, you hereby grant to Atlassian a non-exclusive, worldwide, royalty-free right to (a) collect, use, copy, store, transmit, modify and create derivative works of Your Data, in each case solely to the extent necessary to provide the Experimental Service to you and (b) to distribute and publicly perform and display Your Data to enable you to share Your Data or interact with other people as you direct or enable through the Experimental Service.
6. Responsibility for Your Data.
You must ensure that your use of the Experimental Service and all Your Data is at all times compliant with our Acceptable Use Policy and all applicable local, state, federal and international laws and regulations (“Laws”). You represent and warrant that: (i) you have obtained all necessary rights, releases and permissions to provide all Your Data to Atlassian and to grant the rights granted to Atlassian in these Terms and (ii) Your Data and its transfer to and use by Atlassian as authorized by you under these Terms do not violate any Laws (including without limitation those relating to export control and electronic communications) or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies. Atlassian assumes no responsibility or liability for Your Data, and you shall be solely responsible for Your Data and the consequences of using, disclosing, storing, or transmitting it.
6.2 Sensitive Data.
You will not submit to the Experimental Service (or use the Experimental Service to collect): (i) any personally identifiable information, except as necessary for the establishment of your Atlassian account; (ii) any patient, medical or other protected health information regulated by HIPAA or any similar federal or state laws, rules or regulations; or (iii) any other information subject to regulation or protection under specific laws such as the Gramm-Leach-Bliley Act (or related rules or regulations) ((i) through (iii), collectively, “Sensitive Data”). You also acknowledge that Atlassian is not acting as your Business Associate or subcontractor (as such terms are defined and used in HIPAA) and that the Experimental Service is not HIPAA compliant. “HIPAA” means the Health Insurance Portability and Accountability Act, as amended and supplemented. Notwithstanding any other provision to the contrary, Atlassian has no liability under these Terms for Sensitive Data.
6.3 Indemnity for Your Data.
You will defend, indemnify and hold harmless Atlassian from and against any loss, cost, liability or damage, including attorneys’ fees, for which Atlassian becomes liable arising from or relating to any claim relating to Your Data, including but not limited to any claim brought by a third party alleging that Your Data, or your use of the Experimental Service in breach of these Terms, infringes or misappropriates the intellectual property rights of a third party or violates applicable law. This indemnification obligation is subject to your receiving (i) prompt written notice of such claim (but in any event notice in sufficient time for you to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense, or settlement of such claim; and (iii) all reasonable necessary cooperation of Atlassian at your expense.
6.4 Removals and Suspension.
Atlassian has no obligation to monitor any content uploaded to the Experimental Service. Nonetheless, if we deem such action necessary based on your violation of these Terms or in response to takedown requests that we receive following our guidelines for Reporting Copyright and Trademark Violations, we may (1) remove Your Data from the Experimental Service or (2) suspend your access to the Experimental Service. We will generally alert you when we take such action and give you a reasonable opportunity to cure your breach, but if we determine that your actions endanger the operation of the Experimental Service or other users, we may suspend your access immediately without notice. We have no liability to you for removing or deleting Your Data from or suspending your access to the Experimental Service as described in this section.
7. No Support.
For the avoidance of doubt, the Experimental Service is just that: experimental. As such, Atlassian has no obligation to fix any bugs, make any error corrections, or provide any other manner of support or maintenance.
All information disclosed by Atlassian, or to which you are exposed, in the course of your participation in the Technical Preview that you should reasonably understand to be confidential or proprietary is our “Confidential Information.” Confidential Information includes, but is not limited to code, inventions, know-how, business, technical, and financial information that you learn about or access through the Technical Preview. You agree not to disclose, discuss, blog or otherwise share any Confidential Information with anyone else, or to use Confidential Information for any purpose other than your participation in our Technical Preview. You also agree not to disclose to Atlassian any third party information that you are otherwise obligated to maintain as confidential. Breach of these Terms may cause irreparable harm for which monetary damages are an insufficient remedy. Upon any breach, Atlassian will be entitled to seek appropriate equitable relief without the posting of a bond, in addition to whatever remedies it has at law.
Atlassian and its suppliers retain all right, title and interest (including all intellectual property rights) in and to all Confidential Information, the Experimental Service, any related underlying technology and documentation, and any modifications or derivative works of the foregoing, including as may incorporate any Feedback.
The Experimental Service is provided “AS IS” and with all faults. Atlassian makes no warranty of any kind, including any warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Use of the Experimental Service is at your sole risk. The Experimental Service may not be fully functional and may include errors, bugs, or defects that affect its operation or your other systems. Atlassian makes no commitment that the Experimental Service will be available or that your data or communications will be secure. Atlassian makes no guarantee that the Experimental Service will ever be made generally available. You may have other statutory rights, but these disclaimers will apply to the full extent permitted by law.
11. Limitations of Liability.
To the full extent permitted by law, Atlassian will not be liable under or in connection with these Terms for any direct, incidental, consequential, indirect or special damages of any kind, or for any loss of use, loss of data, failure of security mechanisms or lost profits, whether or not advised of the possibility of such damage or liability. If the foregoing disclaimer of direct damages is not enforceable, then in no event will Atlassian’s entire liability to you (if any) exceed fifty U.S. dollars (US$50). You understand and agree that these limitations are an essential element of the agreement between you and Atlassian, and that without these limitations these Terms would be substantially different.
12. Modifications to Terms.
Atlassian may modify these Terms from time to time by posting a new version online. Modifications will apply to your continued participation in the Technical Preview, including any further Feedback you provide. We may require you to click to accept the modified Terms to continue participating in the Technical Preview, and your continued participation will also signify your agreement to the modifications. If you have concerns about any modifications, please let us know - if we are unable to solve the problem, you may terminate these Terms under Section 13 below.
13. Term and Termination.
The Technical Preview will last for the period specified by Atlassian (or if not specified, for as long as we make the Experimental Service available), unless sooner terminated. Either of us may terminate these Terms at any time with written notice to the other party, in which case you must immediately cease using the Experimental Service and return all Confidential Information to Atlassian. Atlassian’s rights and your obligations in these Terms survive after termination of these Terms or the Technical Preview.
You may not assign or transfer any rights or obligations under these Terms to anyone else. Atlassian may assign these Terms in its discretion. These Terms are governed by the laws of the State of California and the United States without regard to their conflicts of laws provisions. Except as specified in Section 12 above, any amendment must be in writing and signed by both parties. Any waiver must be in writing and signed by an authorized representative of the waiving party. No failure or delay in enforcing any right will be deemed a waiver. If any provision of these Terms is held unenforceable, it will be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect. These Terms supersede all prior discussions and writings and are the entire agreement between the parties with respect to the Experimental Service.