Intercom
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Verified official sourceWhat changedMaterial language shifts detected around cancel, refund, renew, arbitration. 106 new line(s), 116 removed line(s).
Snapshot hash be3c96be830c94bd7973161cfa9c6fe528db4cfbd376f12793374bcb6146a0ef
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Plain-English summary
The Intercom Terms of Service include mandatory arbitration, meaning you resolve disputes through arbitration instead of jury trials (risk_flags-1). Intercom does not provide an archiving service, and you will lose access to your data upon termination (risk_flags-2, risk_flags-3). There are limitations on liability, including a waiver of indirect damages and a cap on total liability (risk_flags-4, risk_flags-5). Intercom retains ownership of usage and anonymized data and prohibits the use of its services for sensitive personal information (data_use-2). You are responsible for ensuring proper disclosures regarding tracking technologies and for indemnifying Intercom for data-related claims (data_use-3, data_use-4). Subscriptions automatically renew monthly or annually, requiring timely notice to cancel (cancellation_renewal-1, cancellation_renewal-2). Intercom can change the agreement, including pricing, before your next renewal (gotchas-1) and can suspend services due to excessive usage or violations without notice (gotchas-2, gotchas-3).
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Critical issues, red-flag terms, or other potentially harmful clauses that are likely to be outside user expectations and can result in significant, irreversible damage.
This agreement contains mandatory arbitration provisions that require the use of arbitration to resolve disputes, rather than jury trials.
Why it matters: You are required to resolve disputes through arbitration instead of jury trials.
THIS AGREEMENT CONTAINS MANDATORY ARBITRATION PROVISIONS THAT REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
Intercom does not provide an archiving service and disclaims all other obligations regarding storage of Customer Data, except that it will not intentionally delete data before subscription termination.
Why it matters: You are responsible for archiving your own data, as Intercom does not provide this service and disclaims most storage obligations. Intercom will not intentionally delete data prior to termination of your subscription term.
Intercom does not provide an archiving service. Intercom agrees only that it will not intentionally delete any Customer Data from the Services prior to termination of Customer's applicable Subscription Term and expressly disclaims all other obligations with respect to storage.
Neither party (nor its suppliers) shall have any liability for certain indirect, special, incidental, reliance, or consequential damages.
Why it matters: You may not be able to recover damages for indirect, special, incidental, reliance, or consequential losses.
EXCEPT FOR EXCLUDED CLAIMS (DEFINED BELOW), NEITHER PARTY (NOR ITS SUPPLIERS) SHALL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
Clauses that describe how your data is collected, processed, and shared. These terms can be challenging to understand due to technical jargon and legal phrasing, but they are crucial for understanding your privacy.
You agree not to use the Services to collect, store, process, or transmit any Sensitive Personal Information, which includes payment card data, protected health information (unless a specific agreement is in place), and special category personal data of EU citizens.
Why it matters: You are prohibited from using the services to handle sensitive personal information, including credit card details or health data, unless a specific agreement is made for HIPAA data.
Customer specifically agrees not to use the Services to collect, store, process or transmit any Sensitive Personal Information. Customer acknowledges that Intercom is not a payment card processor and that the Services are not PCI DSS compliant. Except for Intercom's obligations under any business associate agreement entered into with Customer, Customer shall be responsible for any Sensitive Personal Information it submits to the Service, and Customer acknowledges that Intercom is not subject to any additional obligations that may apply to any Sensitive Personal Information submitted to the Services.
You acknowledge that the Intercom Code uses a unique cookie ID for each person accessing your properties, and you are responsible for including a privacy policy link that discloses your use of third-party tracking technology and how data is used or shared. You must also provide clear and comprehensive information about cookie storage and access as required by applicable laws.
Why it matters: You are solely responsible for informing your users about the use of tracking technologies, including cookies and unique cookie IDs, and obtaining necessary consents under applicable laws.
This cookie ID is necessary for Intercom to provide the Services. Customer will include on each Customer Property a link to a privacy policy that discloses Customer's use of third party tracking technology to collect data about People and how, and for what purposes, the data collected will be used or shared with third parties. Customer must also provide People with clear and comprehensive information about the storing and accessing of cookies or other information on the Peoples' devices where such activity occurs in connection with the Services and as required by applicable Laws.
These clauses describe how your subscription will renew, and the steps needed to cancel. This is an important section to review to avoid unwanted charges or to understand the process for ending your service.
For yearly or multi-year subscriptions, the Subscription Term will automatically renew for additional, successive twelve-month periods unless either party provides written notice of intent not to renew at least thirty days prior to expiration.
Auto-renewal / negative-option billing
Why it matters: Your yearly or multi-year subscription will automatically renew for another year unless you provide written notice of non-renewal at least 30 days before it expires.
For a yearly or multi-year subscription, the initial Subscription Term is set forth in the Order Form. The Subscription Term will automatically renew for additional, successive twelve month periods (each, a “renewal term"), unless either party gives the other written notice of intent not to renew at least thirty (30) days prior to expiration of the initial Subscription Term or then-current renewal term.
Terms that are unexpectedly tricky. They often include clauses that seem standard but have subtle impacts that could be significant to you.
Intercom may specify that changes to the Agreement will take effect prior to your next renewal or new Order Form, particularly for legal compliance, product, or pricing changes.
Why it matters: Changes to the agreement, including pricing, can be applied before your next renewal if Intercom specifies, potentially impacting you without immediate recourse beyond termination and a pro-rated refund.
If Intercom specifies that changes to the Agreement will take effect prior to Customer's next renewal or new Order Form (such as for legal compliance, product or pricing change reasons) and Customer objects to such changes, Customer may terminate the applicable Subscription Term on notice in writing to Intercom and receive as its sole remedy a refund of any fees Customer has pre-paid for use of the applicable Services for the terminated portion of the Subscription Term, commencing on the date notice of termination was received.
Intercom may change usage limits at any time, in its sole discretion, without notice.
Why it matters: The limits on how much you can use the service can change at any time without Intercom notifying you beforehand.
We may change usage limits at any time, in our sole discretion, without notice.
These clauses describe commitments and features that are beneficial to you. They can include explicit consumer rights, guarantees, or ways the service protects your interests.
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