Terms of Service

1. The Service

IgniteOps receives alerts from your monitoring tools, scripts and integrations, routes them to the people you designate according to your routing rules, escalation policies and on-call schedules, and notifies those people by e-mail, mobile push and, on the Paid plan, SMS and voice call. The Service depends on third-party networks and platforms (e-mail providers, mobile push services, telephone carriers) that we do not control, so we cannot guarantee that any notification is delivered, or delivered within a given time. The Service is not an emergency service and must not be used to request emergency assistance.

2. Accounts

• You need an account to use the Service. Sign-in is passwordless: we send a one-time code to your e-mail address. Keep that mailbox secure and tell us promptly if you believe your account has been used without your authorization.
• You are responsible for everything done through your account and for the people you invite into your organizations. Seats are personal: one seat is used by one person.
• You must be at least 16 years old to use the Service.
• Each person may own one organization on the Free plan. Creating organizations to get around that rule or any plan limit is not allowed.
• The telephone numbers, e-mail addresses and devices you register for notifications must be yours or belong to people who have agreed to be notified by your organization.

3. Plans and limits

The Service is offered in two plans. The limits below apply per organization and, where a period is stated, per calendar month in UTC. The current values are always shown on the pricing page and inside the application; the plans available to you are the ones offered in the application when you create an organization.

• Included allowance. The first 100 alerts each month, e-mail and push notifications and API calls are included on both plans at no charge. On the Free plan the allowance is also the cap: alerts beyond it are stored and visible but nobody is paged until the next month or an upgrade. On the Paid plan usage beyond the allowance is metered as described in Section 5.
• Rate limits. To protect the Service and every customer's deliverability we apply technical limits, for example on the number of alerts an organization can send per minute and per day, on invitations and on telephone verification attempts. Requests beyond a limit are rejected with an explanatory error and can be retried later.
• Changes to limits. We may change the limits of the Free plan and the included allowance with at least 30 days' notice by e-mail to organization owners or by a notice in the application. We may apply higher limits to specific organizations at our discretion.
• No service level on Free. The Free plan is provided as is, without any uptime or delivery commitment, and with best-effort e-mail support. The Paid plan includes priority support with a first response within one business day. Any further service commitment must be agreed in writing.

4. Acceptable use and anti-abuse

You agree not to, and not to let anyone using your account:

• send notifications to people who have not agreed to receive them from your organization, or use the Service for marketing, bulk or unsolicited messaging of any kind;
• register or verify telephone numbers or e-mail addresses that you are not authorized to use, or use the verification calls and messages for anything other than verifying your own methods;
• create multiple accounts or organizations to evade a plan limit, a rate limit or a suspension, or create accounts by automated means;
• send alerts, invitations or webhook traffic at a volume or rate designed to disrupt the Service, to relay content to third parties, or to test our limits;
• use the Service for emergency, life-safety or medical dispatch purposes;
• probe, scan or test the vulnerability of the Service, access data of another organization, or interfere with any other user's use of the Service;
• resell, sublicense or provide the Service to third parties as a service bureau without our written agreement;
• breach any law that applies to you or to the people you notify, including telecommunications, anti-spam and data-protection laws in the countries where recipients are located, or use the Service if you are subject to sanctions that prohibit us from serving you.

We may investigate suspected abuse and may throttle, hold or block traffic that we reasonably believe breaches this Section while we do so.

5. Fees and billing (Paid plan)

• Seats. Seats are per user. The organization owner's seat is free. Every other seat costs $3 per month, charged when the seat is purchased (or converted at upgrade) and then on each monthly renewal date until it is cancelled.
• Usage beyond the allowance. Alerts beyond the 100 included each month are $0.10 per alert. SMS and voice calls are billed per delivery at the rate for the destination, which appears on your usage breakdown shortly after each message or call. Usage is accumulated during the month and charged monthly in arrears to the card on file, or earlier when the accumulated amount reaches the credit limit we set for your organization.
• Card and taxes. You authorize us and our payment processor to charge your card for these amounts. Prices are in US dollars and exclude taxes; where we are required to collect VAT, GST or sales tax it is added to the charge. You must keep your billing details accurate.
• Failed payments. If a charge fails we retry it and e-mail the organization owner. If any amount is still unpaid seven days after the first failed attempt, we may suspend the organization until everything outstanding is paid. Suspension does not cancel what is owed.
• Price changes. We may change prices with at least 30 days' notice. A new price applies from the first renewal or billing period that starts after the notice period.

6. No refunds; cancellation and downgrade

• Fees are non-refundable, and there are no credits for partial months, unused seats or unused allowance, except where the law requires otherwise.
• You can cancel a seat at any time. A cancelled seat stays active until the end of the period already paid and is not renewed.
• A downgrade from Paid to Free takes effect at the end of the current paid period, provided the organization is within the Free plan limits by then. Usage accumulated up to that date is charged. Until a self-service option exists, request the downgrade by contacting us.
• You can delete an organization at any time. Deletion is permanent and stops any further seat renewals; amounts already accrued remain payable.

7. Suspension and termination

We may suspend or restrict an organization or an account, with notice where practicable, if we reasonably believe it breaches Section 4, presents a risk to the Service or to other customers (for example abnormal messaging volume, a payment dispute or a security incident), or if the law requires it. We may terminate accounts that materially breach these Terms. You may stop using the Service at any time by deleting your organizations and asking us to delete your account as described in the Privacy Policy. On termination your right to use the Service ends. Sections 5 (amounts owed), 8, 10, 11, 12 and 14 survive termination.

8. Your data and retention

• You own the data you submit to the Service, including alert payloads, schedules and the contact details of your responders. You grant us the rights needed to operate the Service for you, including passing notifications to carriers and platforms and processing the data as described in the Privacy Policy.
• You are responsible for having a lawful basis to send us the contact details of your responders and to notify them, and for the content of the alerts you send.
• We keep alert history and related records while your organization exists. We may set retention periods per plan with at least 30 days' notice. When an organization or an account is deleted, its data is removed from production systems within 30 days and from backups within 90 days, except for records we must keep by law (for example invoices).
• We protect your data with administrative, technical and physical safeguards, but no service is completely secure and we cannot guarantee absolute security.

9. Intellectual property and feedback

The Service, its software, documentation and content are owned by IgniteOps or its licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms. You may not copy, modify, reverse engineer or create derivative works of the Service except as the law allows. If you send us feedback or suggestions, we may use them without any obligation to you.

10. Disclaimers

The Service is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that notifications will be delivered, or delivered on time, on any plan. The Service is not a substitute for emergency services.

11. Limitation of liability

To the fullest extent permitted by law, IgniteOps and its members, officers, employees and suppliers will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising out of or related to the Service or these Terms, even if advised of the possibility. Our total liability for all claims in any twelve-month period is limited to the amounts you paid us for the Service in the twelve months before the event giving rise to the claim, or one hundred US dollars if you have paid nothing, including on the Free plan.

Some jurisdictions do not allow some of these limitations; in that case they apply to the extent permitted, and nothing in these Terms limits liability that cannot be limited by law.

12. Indemnity

You will defend and indemnify IgniteOps against third-party claims, and the resulting damages and reasonable costs, arising from your data, from your use of the Service in breach of these Terms, or from notifications you direct to people who did not agree to receive them.

13. Changes to the Service and to these Terms

We may change the Service, including adding, changing or retiring features. We may change these Terms; material changes are announced at least 30 days in advance by e-mail to organization owners or by a notice in the application, and the "Last updated" date above changes. Your continued use of the Service after the effective date is acceptance of the new Terms. If you do not agree, stop using the Service before that date.

14. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. The state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising out of these Terms or the Service, and each party consents to that jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction. If you are a consumer in a jurisdiction whose mandatory law gives you other rights, those rights are not affected.

15. General

• These Terms, together with the Privacy Policy and any written agreement between us, are the entire agreement about the Service and replace any earlier understanding.
• If any provision is found unenforceable, the rest of the Terms remains in effect.
• Our failure to enforce a provision is not a waiver of it.
• You may not assign these Terms without our written consent. We may assign them to an affiliate or to a successor in a merger, acquisition or sale of assets.
• Notices to you are sent to the e-mail address on your account or shown in the application. Notices to us go to the address in Section 16.

16. Contact

IgniteOps, LLC, 131 Continental Dr, Suite 305, Newark, DE 19713, United States. Questions about these Terms: [email protected]. Privacy requests: [email protected].