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.
How other platforms handle this
In the EU and EEA, the choice of Texas governing law shall not apply only where a mandatory consumer protection law explicitly prohibits such choice of law provisions.
For any claims that are not subject to arbitration...U.S. Residents: Delaware law; venue exclusively in the state or federal courts in New Castle County, Delaware
These Terms are governed by the laws of the State of California and the United States without regard to conflicts of laws provisions
"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 Cloud Terms
REGULATORY LANDSCAPE: Choice of law and jurisdiction clauses are standard in commercial SaaS agreements.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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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.
ConductAtlas has identified this type of provision across 265 platforms. See the full comparison.
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