The legal terms are fairly standard for a productivity platform but lean toward Atlassian’s control: auto-renewal, non-refundable fees, strong liability limits, and unilateral amendments are notable drawbacks. Offset against that are documented data retrieval, a 30-day initial refund right, security commitments, and a clear termination/deletion path.
Trello is offered under Atlassian’s enterprise-style customer agreement. The terms include automatic renewal, broad restrictions on use, a short initial refund window, liability caps, and unilateral changes with notice. On the positive side, Atlassian promises a security program, provides documented data retrieval, allows termination for convenience, and says customers can request deletion of data after termination. Privacy rights are more limited when Trello is used through an employer or other customer account, because that customer controls account data handling.
Points of interest
Atlassian largely excludes indirect and consequential damages and caps most liability to what you paid in the prior 12 months. If something goes wrong, recovery may be very limited.
"“neither party will have any liability... for any loss of use, lost data... or any indirect... damages”"
Subscriptions renew automatically unless you give notice before the current term ends. That means users need to track renewal dates carefully to avoid being billed for another term.
"“a Subscription Term will automatically renew at Atlassian’s then current rates”"
Most fees and expenses cannot be refunded, so cancelling after the short return window may not get money back. This increases the cost of testing the service or scaling down mid-term.
"“All fees and expenses are non-refundable, except as otherwise provided in this Agreement.”"
If Trello is used through an employer or other customer, that organization controls the account and manages personal information. Your privacy rights may need to be exercised with that organization, not Atlassian.
"“the customer is the controller... and manages those accounts and any Service sites”"
You can terminate within 30 days of the initial order for any reason and request a refund for the product and associated support. That gives new customers a meaningful chance to back out if Trello does not fit.
"“Within thirty (30) days of its initial Order... for any or no reason... Atlassian will refund Customer”"
After expiration or termination, Atlassian says it will delete customer data according to the documentation unless prohibited by law. That is a clear post-termination cleanup commitment.
"“Following expiration or termination, unless prohibited by Law, Atlassian will delete Customer Data”"
Atlassian can modify the agreement by posting updates, and some changes can take effect during your current term. If you object, your main remedy is to terminate the affected subscription.
"“Atlassian may modify this Agreement... by posting the modified portion(s) of this Agreement on Atlassian’s website.”"
For unauthorized disclosure of customer data caused by Atlassian’s security-program breach, liability is higher than the general cap. That is a meaningful user protection, though still capped.
"“Special Claims... unauthorized disclosure of Customer Data... liability... two times (2x)... or US$5,000,000”"
The terms say the documentation explains how to retrieve customer data from cloud products. That is a helpful portability signal, even though the actual process is deferred to the docs.
"“The Documentation describes how Customer may retrieve its Customer Data from the Cloud Products.”"
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Documents
Terms of Service
source ↗- •Trello is licensed for Customer’s internal business purposes worldwide during the Subscription Term, following the Documentation and Customer’s Scope of Use in the Order.
- •Customer must not resell, sublicense, provide third parties access (beyond Users), charge per-use fees for the Products, compete with the Products, or bypass usage limits or policies.
- •Customer must ensure Users comply, keep login credentials confidential, promptly report unauthorized access, and verify domain ownership when required for Cloud features.
- •For Cloud Products, Atlassian may process Customer Data under the DPA, maintain a security program, and may remove or suspend access for legal, policy, or security threats.
- •Atlassian does not control Third-Party Products; using them may involve data sharing under their terms, and Atlassian disclaims warranties about connectivity or interoperability.
- •Fees are non-refundable except where this agreement provides refunds, subscriptions may auto-renew, over-scope use may trigger invoices, and non-payment can lead to suspension after notice.
- •Customer can terminate within 30 days of its initial Order for a Product for any reason and request a refund for fees and associated Support under that Order; advisory services are excluded unless stated.
- •Atlassian warrants the Products substantially follow Documentation and will not materially reduce functionality or security during the Subscription Term, with limited remedies and broad “AS IS” disclaimers.
- •Liability is broadly limited: indirect damages are waived, and overall liability is capped to amounts paid in the prior 12 months, with higher limits for security-related data breaches.
- •Either party may terminate for material breach not cured in 30 days, and upon termination Customer must stop using the Products and delete or return keys; governing law and venue are based on Customer location.
Privacy Policy
source ↗- •Atlassian says this policy covers how it collects, uses, shares, and protects personal information across its products, services, websites, and business interactions.
- •If you do not agree with this privacy policy, Atlassian says you should not access or use its services.
- •The policy describes Atlassian’s practices when it acts as the controller of personal information.
- •It says you may have choices about your information, including options to object to some uses and to access or update certain information.
- •People in the European Economic Area, United Kingdom, or United States should review regional disclosures for additional privacy details.
- •This policy does not apply when Atlassian processes personal information only on behalf of a customer under a data processing agreement.
- •When Atlassian acts for a customer, such as your employer, that customer controls the account and decides how your personal information is managed.
- •Atlassian says it follows the customer’s instructions in those cases and is not responsible for the customer’s separate privacy or security practices.
- •To ask about or exercise rights over information managed by an Atlassian customer, you should contact that organization directly.
