Intercom

"The foregoing indemnification obligation of Intercom will not apply: (1) if such Service is modified by any party other than Intercom, but solely to the extent the alleged infringement is caused by such modification; (2) if such Service is combined with products or processes not provided by Intercom, but solely to the extent the alleged infringement is caused by such combination; (3) to any unauthorized use of such Service; (4) to any action arising as a result of Customer Data or any third-party deliverables or components contained within such Service; (5) to any action arising from Customer's use of Third Party Apps or Third-Party Platforms; or (6) if Customer settles or makes any admissions with respect to a claim without Intercom's prior written consent."

Intercom's duty to defend you against infringement claims doesn't apply if the service is modified, combined with other products, used improperly, or if you admit fault.

Intercom may refuse to defend you against intellectual property claims in many common scenarios.

"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."

Intercom and its suppliers are not liable for any indirect damages, like lost profits or business interruption, even if they knew it could happen.

You cannot recover costs for significant business losses if Intercom's service fails.

"EXCEPT FOR EXCLUDED CLAIMS (DEFINED BELOW), EACH PARTY'S ENTIRE LIABILITY TO THE OTHER ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE BY CUSTOMER TO INTERCOM UNDER THE AGREEMENT GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM."

Intercom's total liability to you is capped at the amount you paid them in the 12 months before the issue arose.

If Intercom causes a major problem, your compensation is limited to what you've already paid them.

"Customer will indemnify, defend and hold harmless Intercom from and against any and all third party (including, without limitation, People) claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising from or relating to any Customer Data, Customer's use of a Third Party App, Third-Party Platform or breach or alleged breach by Customer of Section 3.5 (Customer Obligations)."

You must defend Intercom against any third-party claims related to your data, your use of third-party apps, or your violation of the agreement.

You could be responsible for legal fees and damages if your data or actions lead to a lawsuit against Intercom.

"Modifications to this Agreement: From time to time, Intercom may modify this Agreement. 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. Intercom will use reasonable efforts to notify Customer of the changes through communications via Customer's account, email or other means. Customer may be required to click to accept or otherwise agree to the updated Agreement before renewing a Subscription Term or entering into a new Order Form, but in any event continued use of the Services after the updated version of this Agreement goes into effect will constitute Customer's acceptance of such updated version."

Intercom can change this agreement, and changes take effect when you renew or start a new order, or if you keep using the service after they notify you.

You might agree to new terms without realizing it, potentially impacting your rights and obligations.

"Intercom reserves the right to suspend access to any Services or features (including, without limitation, in-app messaging and integrations with Third Party Platforms and Third Party Apps) if Customer has exceeded applicable usage limits (if any) or if Intercom otherwise determines, in its sole discretion, that Customer is using the applicable Service in a manner that has become excessive (e.g., substantially exceeds typical use projections or exceeds usage by similar-sized customers (where customer size is defined by number of seats), including, but not limited to, storage and bandwidth consumption) and/or negatively impacts the operability, integrity, or security of the Service until usage is reduced to reasonable levels, as determined by Intercom and/or such impact is resolved to Intercom's satisfaction."

Intercom can suspend your service access if you exceed usage limits or use the service excessively, until you reduce usage.

Your access to critical services could be cut off if your usage patterns are deemed too high by Intercom.

"Intercom has the right to terminate a Trial Subscription at any time for any reason."

Intercom can end your trial subscription at any time for any reason.

Your access to a trial service could be revoked unexpectedly, disrupting your evaluation.

"For self-serve customers (i.e., those customers who purchase Services through the online payment process on Intercom's website), Customer agrees that Intercom may use Customer's name and/or logo to identify you as an Intercom customer in and on its websites, sales and marketing materials and customer lists."

Intercom can use your company name and logo for marketing purposes if you are a self-serve customer.

Your company may be publicly listed as a customer without your explicit consent for each use.

"Intercom may, in its sole discretion: (a) substitute products or services of substantially similar functionality; (b) procure for Customer the right to continue using such Services; or if (a) and (b) are not commercially reasonable, (c) terminate this Agreement and refund to Customer the fees paid by Customer for the portion of the Subscription Term that was paid by Customer but not rendered by Intercom."

Intercom may substitute services with similar functionality, procure rights for you to continue using them, or terminate the agreement and refund unused fees.

Intercom can change the services you rely on, potentially forcing you to switch or lose access without full compensation.

"The support and service level availability terms described in the Support Policy, and the SLA may be updated from time to time upon reasonable notice to Customer to reflect process improvements or changing practices (but the modifications will not materially decrease Intercom's obligations as compared to those reflected in such terms as of the Effective Date)."

Intercom may update support and availability terms with reasonable notice, but these updates won't materially decrease their obligations.

While not a major decrease, changes to support terms could still impact the level of service you receive.

"We may change usage limits at any time, in our sole discretion, without notice."

Intercom can change your usage limits at any time without telling you.

Your ability to use the service could be suddenly restricted without warning.

"Intercom reserves the right to start charging and/or modify the pricing for a Beta Offering upon prior written notice to Customer. Beta Offerings may be changed at any time without notice and may not be maintained and/or become generally available."

Intercom can start charging for or change pricing on beta offerings with prior notice, and can change or remove beta features without notice.

Beta features you rely on could be removed or changed without warning, or you could be charged unexpectedly.

"Intercom does not guarantee that the Services will maintain integrations with any Third-Party Platform, and Intercom may disable integrations of the Services with any Third-Party Platform at any time with or without notice to Customer."

Intercom can disable integrations with third-party platforms at any time without notice.

Your workflows relying on integrations could break unexpectedly, disrupting your business operations.

"If Customer's account is thirty (30) days or more overdue, in addition to any of its other rights or remedies (including but not limited to any termination rights set forth herein), Intercom reserves the right to suspend Customer's access to the applicable Service (and any related services) without liability to Customer until such amounts are paid in full."

Intercom can suspend your service access if your account is 30 days or more overdue, until you pay the full amount.

Your access to the service will be cut off if you are late on a payment.

"Intercom also reserves the right to suspend Customer's access to the Services, without liability, if Customer's use of the Services is in violation of the AUP or this Agreement."

Intercom can suspend your service access if you violate the Acceptable Use Policy or the agreement, without liability.

Your service could be suspended for policy violations, even if the violation is minor or unintentional.

"If Customer's account is thirty (30) days or more overdue, in addition to any of its other rights or remedies (including but not limited to any termination rights set forth herein), Intercom reserves the right to suspend Customer's access to the applicable Service (and any related services) without liability to Customer until such amounts are paid in full."

Intercom can suspend your service access if your account is 30 days or more overdue, until you pay the full amount.

Your access to the service will be cut off if you are late on a payment.