This analysis describes what Atlassian's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The clause operates to limit the scope of recoverable damages in disputes between Atlassian and users. By excluding categories of damages beyond direct losses, the provision narrows the financial exposure each party faces for performance failures or breaches.
Interpretive note: Enforceability of blanket consequential damages exclusions varies by jurisdiction; EU member state mandatory law and UK reasonableness requirements may limit the enforceability of this clause in certain contexts.
Under this clause, users cannot recover indirect or consequential damages from Atlassian for service failures, data loss, or other performance issues—only direct damages are available as a remedy. This applies even where Atlassian was aware of the risk of such damages occurring.
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"Neither party will be liable to the other for any indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or related to this Agreement, even if the party has been advised of the possibility of such damages.— Excerpt from Atlassian's Atlassian Cloud Terms
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The clause operates to limit the scope of recoverable damages in disputes between Atlassian and users. By excluding categories of damages beyond direct losses, the provision narrows the financial exposure each party faces for performance failures or breaches.
Under this clause, users cannot recover indirect or consequential damages from Atlassian for service failures, data loss, or other performance issues—only direct damages are available as a remedy. This applies even where Atlassian was aware of the risk of such damages occurring.
ConductAtlas has identified this type of provision across 3 platforms. See the full comparison.
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