Product-Specific Terms
Jira Align

These Product-Specific Terms apply to subscriptions of any cloud or on-premises edition of Jira Align pursuant to Customer’s Atlassian Subscription Agreement (or preceding form of agreement into which these Product-Specific Terms are incorporated) (“Agreement”). Capitalized terms used but not defined in these Product-Specific Terms have the meanings set out in the Agreement.

1. Contracting Party. AgileCraft LLC is the contracting party for Jira Align and is deemed “Atlassian” for purposes of these Product-Specific Terms.

2. Documentation. The Documentation for Jira Align is the user documentation provided by Atlassian through Jira Align.

3. Service Level Agreement, Support, and Security Practices. The following service level agreement, support terms, and security practices apply to Jira Align Cloud:

a. Uptime Commitment. Atlassian will use commercially reasonable efforts to make Jira Align available at least 99.5% of the time during each calendar month during the current Subscription Term, excluding Excusable Downtime (“Uptime Commitment”). Jira Align is considered available if it can be accessed by one or more users, excluding any Excusable Downtime. “Excusable Downtime” means time that Jira Align is not available to Customer because of (i) Customer’s or its Users' use of Jira Align in a manner not authorized in the Agreement or not in accordance with the applicable Documentation; (ii) force majeure events or other factors outside of Atlassian’s reasonable control, including, without limitation, Internet access or related problems; (iii) Customer’s equipment, software, network connections or other infrastructure; (iv) Customer Data or Customer Materials; (v) Third-Party Products, third-party equipment, apps, add-ons, software or technology (other than those of Atlassian’s agents and subcontractors); or (vi) routine scheduled maintenance or reasonable emergency maintenance as set forth in the Atlassian Maintenance Policy, available at https://confluence.atlassian.com/cloud/maintenance-windows-744721660.html. No Uptime Commitment or service credits are provided for (x) free, proof-of-concept, beta or trial services, or (y) features excluded from the Uptime Commitment (in the applicable Documentation).

b. Credits. If Customer believes that the Uptime Commitment has not been achieved in any calendar month, Customer must submit a ticket at https://support.atlassian.com with all fields fully and accurately completed within thirty (30) days of the end of such month, and provide any other reasonably requested information or documentation. If Atlassian confirms there is a failure to meet the Uptime Commitment, Atlassian will issue Customer a credit based on the below percentages of the applicable subscription fees paid for the current Subscription Term for Jira Align, pro-rated for such month.

Atlassian will apply each credit against a future payment otherwise due from Customer for Jira Align, provided that Customer’s account is fully paid-up, without any outstanding payment issues or disputes. No refunds or cash value will be given for unused credits. Credits may not be transferred or applied to any other Atlassian account or Product instance. The aggregate maximum credits applied to an invoice will not exceed 100% of the amount invoiced for Jira Align in that invoice billing period (as opposed to the actual month in which Jira Align was unavailable). Atlassian reserves the right to deny a credit if Customer does not qualify for one.

c. Resellers. If Customer ordered Jira Align through a Reseller, (i) Customer or the Reseller remains responsible for submitting a ticket as set forth above; and (ii) any credits will be based on the fees invoiced to the Reseller for Customer’s use of Jira Align under its applicable order(s) with Atlassian, Atlassian will issue any associated credits to the Reseller (not directly to Customer), and the Reseller will be solely responsible for issuing the appropriate amounts to Customer. The second paragraph of Section 3(b) above applies to the Reseller and its applicable orders and invoices with Atlassian.

d. Termination for Repeated Failures. If, in any period of three (3) consecutive months, the availability percentage (excluding Excusable Downtime) for Jira Align during such period is less than 95%, Customer may terminate the affected Order(s) upon written notice and receive a pro rata refund of the applicable subscription fees actually pre-paid for the remainder of the then-current Subscription Term under such Order. The credit and the foregoing termination right are Customer’s sole and exclusive remedies and Atlassian’s sole liability for any breach of the Uptime Commitment.

e. Support Datasheet. With respect to Jira Align Cloud, the “Datasheet” referenced in the Enterprise Support and Services Policy, available at https://www.atlassian.com/legal/enterprise-support-and-service-terms-of-use, means the Jira Align Enterprise Success Package Datasheet, in addition to any Datasheets corresponding to purchased Services set forth on the Order. The foregoing Support shall only apply to Jira Align and cannot be used for any other Atlassian products.

f. Security Practices. With respect to Jira Align Cloud, the “Security Practices” means the security practices described in the Jira Align Trust Center available at https://www.atlassian.com/software/jira/align/security.

4. Return Policy. Notwithstanding anything to the contrary in the Agreement and for purposes of Jira Align only, if Customer exercises its 30-day return and refund rights under the Agreement with respect to its initial Order of Jira Align, Atlassian will refund Customer any pre-paid, unused fees for Support and Services for Jira Align purchased as part of such initial Order (and any corresponding Subscription Terms for such Support and Services will be deemed terminated).

5. Additional Jira Align Software Terms. The following additional terms apply to Jira Align Software:

a. Modifications. AgileCraft may provide some elements of the Software in source code form. Notwithstanding anything to the contrary in the Agreement, Customer may not modify such source code. For clarity, if Customer modifies the source code, AgileCraft has no support, warranty, indemnity or other responsibility for such modifications or their use with the Software.

b. On-Premises Support Services. With respect to Jira Align Software, the “Datasheet” referenced in the Enterprise Support and Services Policy, available at https://www.atlassian.com/legal/enterprise-support-and-service-terms-of-use, means the Jira Align Enterprise Success Package Datasheet describing the requisite Support for the Software, in addition to any Datasheets corresponding to purchased Services set forth on the Order. The foregoing Support shall only apply to Jira Align and cannot be used for any other Atlassian products. Customer shall remain on the most recent release or the immediately prior release of Jira Align (“Supported Release”). The Support commitments and Performance Warranty set forth in the Agreement shall not apply if Customer does not remain on a Supported Release.