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Plain-English summary
This service includes a mandatory arbitration clause, requiring disputes to be resolved through arbitration instead of jury trials (risk_flags-1). For Trial Subscriptions and Beta Offerings, Intercom disclaims all warranties, indemnities, support, and liability, placing all risk on the user (risk_flags-2, risk_flags-3). Intercom retains full ownership of Usage Data and Anonymized Data, which includes technical and anonymized personal data, and can use this data to improve its services (data_use-1, data_use-2). Users may be automatically charged for a paid subscription after a trial period if communicated in advance (cancellation_renewal-1), and Intercom can terminate trial subscriptions at any time for any reason (cancellation_renewal-2).
Intercom may suspend services without notice for excessive usage and can change usage limits at any time without notice (gotchas-1). Additionally, Intercom is not responsible if service malfunctions due to user-made changes to their properties after implementing Intercom Code (gotchas-2).
85% confidence
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Risk Flags
3 findings
Critical issues and red flags that could lead to significant harm or loss.
high95% confidence
Mandatory Arbitration
This Agreement contains mandatory arbitration provisions that require the use of arbitration to resolve disputes, rather than jury trials.
No Warranty, Indemnity, or Support for Trial Subscriptions
Intercom will have no warranty, indemnity, support, service level agreement, or other obligations with respect to Trial Subscriptions.
Why it matters: If you use a Trial Subscription, Intercom explicitly disclaims all warranties, indemnities, support, and service level agreement obligations, leaving you without recourse for issues.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, INTERCOM WILL HAVE NO WARRANTY, INDEMNITY, SUPPORT, SERVICE LEVEL AGREEMENT ("SLA"), OR OTHER OBLIGATIONS WITH RESPECT TO TRIAL SUBSCRIPTIONS.
Intercom will have no liability arising out of or in connection with Beta Offerings and disclaims any warranty, indemnity, support, SLA, or other obligations with respect to its Beta Offerings. Customer uses Beta Offerings "AS IS" and at its own risk.
Why it matters: If you use Beta Offerings, Intercom disclaims all liability, warranties, indemnities, support, and service level agreement obligations, meaning you assume all risks and have no recourse for problems.
Intercom will have no liability arising out of or in connection with Beta Offerings and disclaims any warranty, indemnity, support, SLA, or other obligations with respect to its Beta Offerings. **CUSTOMER USES BETA OFFERINGS “AS IS” AND AT ITS OWN RISK.**
How the company collects, uses, shares, and protects your data.
medium85% confidence
Intercom retains ownership of Usage Data and Anonymized Data
Intercom retains all ownership in and to Usage Data and Anonymized Data, which includes technical and other data about Customer’s and People's use of the Services and anonymized Customer Data.
Why it matters: Intercom claims ownership over data derived from your usage and anonymously from your Customer Data, which it can use and retain.
Intercom retains all ownership in and to Usage Data and Anonymized Data.
Customer Data and Customer Obligations, paragraph 4 · Citation strength: strong
medium85% confidence
Use of Customer Data for Service Improvement
Customer agrees that Intercom may use certain technical and other data about Customer’s and People's use of the Services and/or Customer Data, which is anonymized to remove any personal data of People, to analyze, improve, support and operate our Services during and after the term of this Agreement.
Why it matters: Intercom may use technical and anonymized Customer Data, including data about your and your users' use of the Services, to analyze, improve, support, and operate their services, even after the term of the agreement.
Customer agrees that Intercom may use certain technical and other data about Customer’s and People's use of the Services (“**Usage Data**”) and/or Customer Data, which is anonymized to remove any personal data of People (“**Anonymized Data**”) to analyze, improve, support and operate our Services during and after the term of this Agreement, and Customer agrees that Intercom is permitted to anonymize Customer Data to use for the aforementioned purposes.
Customer Data and Customer Obligations, paragraph 4 · Citation strength: strong
Cancellation and Renewal
3 findings
Terms related to subscription changes, renewals, and cancellations.
high90% confidence
Automatic Commencement of Paid Subscription After Trial
If stated in the Order Form or Additional Product Terms for a specific Service or otherwise communicated in advance by Intercom to Customer, a paid Subscription Term will commence automatically once the Trial Period expires, and Customer will be charged for any continued use of the Services.
Why it matters: You may be automatically charged for a paid subscription after a trial period if this is stated in the Order Form, Additional Product Terms, or communicated by Intercom in advance.
If stated in the Order Form or Additional Product Terms for a specific Service or otherwise communicated in advance by Intercom to Customer, a paid Subscription Term will commence automatically once the Trial Period expires, and Customer will be charged for any continued use of the Services.
Changes to Agreement become effective upon renewal or new Order Form
Unless otherwise specified by Intercom, changes to this Agreement become effective for Customer upon renewal of Customer's current Subscription Term or entry into a new Order Form.
Why it matters: Changes to the agreement usually take effect when you renew your subscription or start a new order, meaning you'll operate under the updated terms if you continue using the service.
Unless otherwise specified by Intercom, changes become effective for Customer upon renewal of Customer's current Subscription Term (as defined below), or entry into a new Order Form.
Potentially hidden or subtle clauses that could be unfavorable to the user.
medium90% confidence
Intercom can suspend access for excessive usage without notice and change usage limits
Intercom reserves the right to suspend access to any Services or features if Customer has exceeded applicable usage limits or if Intercom determines, in its sole discretion, that Customer is using the applicable Service in a manner that has become excessive and/or negatively impacts the operability, integrity, or security of the Service. Intercom may change usage limits at any time, in its sole discretion, without notice.
Why it matters: Intercom can suspend your service or features without warning if they decide your usage is excessive or negatively impacts their service, and they can change usage limits at any time without notifying you.
We may change usage limits at any time, in our sole discretion, without notice.
Intercom not responsible for impacts of Customer changes to properties
Customer acknowledges that any changes made to the Customer Properties after initial implementation of Intercom Code may cause the Services to cease working or to function improperly and that Intercom will have no responsibility for the impact of any such Customer changes.
Why it matters: If you make changes to your Customer Properties after initially implementing Intercom Code, the services might stop working or malfunction, and Intercom will not be responsible for these issues.
Customer acknowledges that any changes made to the Customer Properties after initial implementation of Intercom Code may cause the Services to cease working or to function improperly and that Intercom will have no responsibility for the impact of any such Customer changes.