Atlassian Cloud ToS section 3.3(I) prohibits discussing performance issues

Having been on the receiving end of competitors running 'benchmarks' on a service I worked on, and the trumpeting the very contrived and out of context figures, I can understand why Atlassian is trying to prevent it from happening to them.

Pity that it probably won't work.

(i) publicly disseminate information regarding the performance of the Cloud Products;

But can we take a minute to talk about the combination of these two :

(h) use the Cloud Products for competitive analysis or to build competitive products;

(j) encourage or assist any third party to do any of the foregoing.

Does this mean as a jira user I can’t help build a jira competitor for a client of mine ( we are a tech agency). If this is the case I would really have a hard time using jira and being compliant. After all, who is the arbiter on what jira is exactly?But does this also mean people can’t do reviews on the platform as means to compare to other platforms? I’m a bit speechless here, it’s a wtf sort of thing.

You have product X, and your competitor Y publishes whitepapers and ads comparing their performance to yours, showing yours is terrible. You think they rigged the tests, and want to publish your own X vs. Y comparison but Y's TOS prohibits it.

Once one major Y does this, many others follow suit as a defensive measure against Y.

I seem to recall seeing some where X's TOS would try to limit the prohibition to just that situation, such as saying that you could only publish X vs. Y performance comparisons if either there were no restrictions on others publishing Y performance comparisons or Y granted X an exception to Y's prohibition.