"Atlassian Cloud ToS section 3.3(I) prohibits discussing performance issues" - Their ToS may prohibit it, but that is in no way going to stop me from doing it - I don't give a shit about some document they write. Atlassian products suck hard and their performance characteristics are horrible. I hate being forced to use their crap at work.
The problem with Atlassian's Terms of Service is that most of their end-users are not paying for the software and do not really care if they violate an agreement they were either forced to make or which someone made on their behalf.
I don't think it applies to us. Our employers can sign whatever they like and constrain us from speaking in official company-related capacities, but we're no more bound to that as individuals then we're bound to anything else our companies sign as individuals. As individuals, we're not in a relationship with Atlassian at all.
No one cares to read any Terms of Service agreements, but I think Atlassian's products face another tier: not caring to adhere to them at all.
I'd personally find it pretty funny to go up to my boss and tell them I can't read my Jira tickets because Atlassian banned my account. Or would they ban the entire organization instead? Either way, hilarious.
They will suddenly care when Atlassian locks them out of being able to access anything. Then, we'll see posts on Twitter or here or elsewhere about some user crying about not getting access to "their" stuff on a 3rd party's site.
The thing we’ve constructed of users not owning their content that they post on platforms and then holding the ability to lock them out of access to it arbitrarily is really one of the worst things that has happened to the web.
Or conversely, some might actually be thankful in the long run for being forced to bite the bullet and to find an alternative which raises productivity/efficiency and as a byproduct, usually a happier work environment.