This agreement is governed by New York law, and any court proceedings must take place in New York, regardless of where your organization is located.
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
Non-US customers and customers based outside of New York should be aware that disputes not resolved through arbitration must be litigated in New York courts under New York law, which may impose logistical and cost burdens.
Interpretive note: Mandatory local law provisions in EU, UK, and other jurisdictions may limit the practical effect of the New York governing law and jurisdiction selection; the interaction requires jurisdiction-specific legal assessment.
The governing law clause selects New York law and New York courts for all disputes not subject to arbitration, which may affect the availability and cost of legal remedies for customers located outside New York or outside the United States.
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This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Each party irrevocably submits to the exclusive jurisdiction of the courts of Ontario, Canada for t...
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in San Francisco County, California.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions. Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal court...
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"This Agreement is governed by the laws of the State of New York, without regard to its conflict of laws provisions. For disputes not subject to arbitration, the parties submit to the exclusive jurisdiction of the state and federal courts located in New York County, New York.— Excerpt from Atlassian's Atlassian Cloud Terms
REGULATORY LANDSCAPE: Choice of law and jurisdiction clauses are standard in commercial SaaS agreements. EU and UK customers should note that mandatory provisions of EU and UK law, including GDPR, consumer protection directives, and applicable national statutes, may not be displaced by a New York choice of law clause, and enforcement of New York-exclusive jurisdiction clauses against EU consumers may be limited by Brussels I Recast Regulation and equivalent UK rules. GOVERNANCE EXPOSURE: Low for US-based enterprise customers accustomed to New York governing law. Medium for non-US customers, particularly those in the EU and UK, where mandatory local law provisions may limit the practical effect of this clause. JURISDICTION FLAGS: EU and UK customers should assess whether mandatory local consumer and data protection law provisions override the New York choice of law for purposes of GDPR compliance, data subject rights, and consumer protection claims. Australian, Canadian, and other non-US customers should similarly evaluate local mandatory law interactions. CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams outside the US should flag the governing law and jurisdiction clause for legal review to determine whether local mandatory law provisions are preserved and whether the New York jurisdiction requirement creates practical enforcement challenges. COMPLIANCE CONSIDERATIONS: Legal teams should document the governing law selection in vendor agreements and assess whether it creates any conflict with applicable regulatory obligations, particularly for EU and UK data protection compliance.
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Non-US customers and customers based outside of New York should be aware that disputes not resolved through arbitration must be litigated in New York courts under New York law, which may impose logistical and cost burdens.
The governing law clause selects New York law and New York courts for all disputes not subject to arbitration, which may affect the availability and cost of legal remedies for customers located outside New York or outside the United States.
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