EULA or Terms of Service for a paid app

Hi all,

I am currently confused, which one of the two legal documents (EULA, Terms of Service) should be used when releasing a paid app into the Atlassian Marketplace.

It is not a secret, that those two documents are most of the time interchanged and people use one instead of the other one and vice versa.

When publishing an app via the vendor administration, you are bound to provide a link for “Customer terms” - that, for me insinuates to be “Terms of Service” or “Terms and Conditions” document. (screenshot1)

However when on the marketplace public page, the link “Customer terms” is labelled as EULA (screenshot2)

This is why it is not clear to me, what kind of document should be provided there.

And my question therefore is, whether “Customer terms” means either the “Terms and Conditions” legal document or a “EULA” legal document.

Thank you

1 Like

@IvanHanak I think this is a legacy / new design type of error. In the Marketplace listing page and the UPM, the value of the customer terms are shown as EULA. So I would strongly suggest using the URL to your EULA as a value for the customer terms field.

In the end, what is most important, is that the in the UPM upon installation, the customer has to indicate that they agree with your EULA. That is the contract between you and your customer.

What we did is incorporate the Terms of Service within the EULA, saying that by accepting the EULA, the customer also automatically accepted the Terms of Service. That way, you can still have two separate legal documents with separate terms, but have the customer accept both at the same time.

2 Likes

But in case we use “Paid via Atlassian” is this EULA still required?
On the " About the Atlassian Marketplace" page there is written:

  • Paid via Atlassian: Customers buy your app in the Marketplace, and you get the perks mentioned above. Your customers use the same EULA language that applies to our own customers. You license your app using the Atlassian Licensing APIs and you must agree to our Atlassian Marketplace Partner Agreement.

Sound to me like the EULA is not needed :thinking:.

Any suggestions?

Atlassian Marketplace Partner agreement, article 5.6 (emphasis mine)

5.6. End User Terms. You, not Atlassian, license your Apps to end users, and you must provide your own End User Terms and End User Privacy Policy with any Marketplace App. Your End User Terms and End User Privacy Policy must comply with, and be consistent with, the terms and conditions of this Agreement, including Section 8.4 (End User Data and Privacy-Related Obligations). You agree that Atlassian does not and will not have any responsibility or liability related to compliance or non-compliance by you or any end user under the applicable End User Terms or End User Privacy Policy. In addition, unless otherwise specified in the Marketplace Guidelines, the license you offer for any App for use with an Atlassian Server Product (as opposed to Cloud or Data Center) must be perpetual.

https://www.atlassian.com/licensing/marketplace/partneragreement

Thanks.
I was already hoping I will not have to deal with it :frowning:, but looks I’ll have to create one.

And I thought my app’s code is complex, but looks the legal stuff will take similar time to prepare :face_with_raised_eyebrow: