Cloud Terms of Service - Summary of Changes

Trello is adopting Atlassian's Cloud Terms of Service. In order to help communicate what is changing, we've prepared this summary of some of the key changes from our previous terms of service. This summary isn't intended to capture everything that changed, so please be sure to review the Cloud Terms of Service in their entirety.  We've also prepared separate FAQs to help answer some questions about the changes.  

Highlights of Cloud Terms of Service

  • New Framework
    • Structure.  Our new cloud terms include the general terms, Trello-specific terms and Orders.  The general terms establish a common set of terms that govern each customer's use of Trello (and other Atlassian cloud offerings, where applicable).  The Trello-specific terms address unique Trello features and practices and override any conflicting terms in the framework terms.  Orders contain plan-level details like pricing, user headcounts and similar transaction-level details.  
    • Existing Policies.  Under our cloud terms, we reference key existing Trello documents, including our Operations and Security Guide and Usage Guides, to reflect our current practices and to help provide a common reference point for our users.  
    • New Policies.  Trello will be subject to several Atlassian policies, such as the Acceptable Use Policy and Reporting Copyright and Trademark Violations Policy, in an effort to streamline our practices across offerings.  We will retire our DMCA policy effective November 1, 2018.  
  • Customers, End Users and Administrators
    • Customers and End Users.  We differentiate between the customer (the contracting party or "you" in the contract) and End Users (those that our customer invites or otherwise permits to access Trello).  A user may be an End User on certain teams, but a customer with respect to personal use.  
    • Identifying the Customer for Paid Plans.  If a user creates a paid team (or serves as an administrator for one) while listing an email address controlled by an employer or other entity as that user's primary or sole email address, the entity that controls the user's email address is the customer for that team. 
    • User Notice for End Users.  Our customers are parties to the Cloud Terms of Service with us.  However, to help ensure End Users have sufficient notice of their responsibilities, our cloud terms include a User Notice.  The User Notice applies to End Users and is a streamlined set of terms that incorporates the Acceptable Use Policy and Privacy Policy.  The User Notice also notifies End Users about administrators' rights and how businesses can assert control over their business domains, consistent with our Privacy Policy. 
    • Administrator Controls.  Administrators have important rights with respect to their teams.  Our new terms include information on the choices that administrators can take to manage their users.  
  • Use of Trello
    • Scope of Use.  Under our cloud terms, customers can generally use Trello for their own business purposes and personal use, subject to the usage restrictions (for example, prohibitions on reselling) and the other conditions. 
    • Usage Limitations.  As noted above, use of Trello will now be subject to the Atlassian Acceptable Use Policy.  Our new terms otherwise adopt a common set of standard usage restrictions.   
    • Third-Party Power-Ups.  Our cloud terms clarify that third-party Power-Ups are subject to the terms and policies of that third party. 
  • Termination
    • Mutual Termination Rights.  We offer additional mutual rights to terminate the terms for cause.  In addition, customers are free to terminate at any time (and we offer a refund for customers' first 30 days on Trello, consistent with the other Atlassian cloud offerings).  
    • Effect of Termination. Our new terms specify that customers should export their content prior to expiration, and otherwise include information on the effects of termination.  
  • Confidentiality and Security
    • Reciprocal Confidentiality Obligations.  Our cloud terms include mutual confidentiality obligations.  
    • Security.  Our new terms include a security section to help consolidate relevant security terms in one place.  We have also added a warranty concerning anti-virus protections.
    • Atlassian Data Processing Addendum. We will be offering a joint Data Processing Addendum (DPA) that covers Trello and the other Atlassian cloud offerings to help our customers meet their onward transfer requirements under the General Data Protection Regulation (GDPR).  This new joint DPA will be offered in place of our current DPA beginning on November 1, 2018. 
  • Liability Terms
    • Trello IP Indemnification.  Our cloud terms include a new indemnification obligation for certain intellectual property claims by us for qualifying customers of paid plans.  
    • Mutual Limitations of Liability.  We now offer mutual limitations of liability.  Our standard liability cap for customers generally tracks the prior 12 months' fees paid by such customers for Trello. 
  • Other Key Changes
    • Listing Our Customers.  We may list customers in promotional materials consistent with Atlassian's practices.  If you do not wish to be listed, please email us at nomarketing@trello.com.
    • Partner Sales.  Our new terms include terms that cover purchases through solution partners.
    • Government Amendment.  Under our new terms, Atlassian's updated government amendment applies to government customers.  We will retire our existing government amendment effective November 1, 2018.  
    • Future Changes to Terms.  Our cloud terms put more structure around future changes to the terms.  In particular, customers with paid plans have new protections if terms change.
    • Governing Law.  We're going to California!  To streamline our practices across Trello and the other Atlassian cloud offerings, our new terms are subject to California law.