PagerDuty

Severity 3 · notable

“At the end of each Hosted Services Subscription Term, the associated order shall automatically renew for the same Subscription Term as the immediately preceding term, at the prices communicated to Customer at least sixty (60) days prior to the end of that Hosted Services Subscription Term.”

PagerDuty automatically renews your subscription for the same term at prices communicated at least 60 days before renewal.

You will be automatically charged for the service unless you actively cancel.

Severity 3 · notable

“Customer must provide thirty (30) days notice prior to an auto-renewal date of intent to downgrade or not renew Services by sending a notice to renewals@pagerduty.com.”

You must notify PagerDuty 30 days before an auto-renewal date if you intend to downgrade or not renew.

Failure to provide timely notice means you will be automatically renewed and charged for another term.

Severity 3 · notable

“If Customer elects to use the Hosted Services under the limited free to use option, and PagerDuty agrees (the “Free Plan”), Customer acknowledges and accepts that PagerDuty may terminate Customer’s use of the Services under the Free Plan for any reason or no reason at all and without any required prior notice.”

PagerDuty may terminate your use of the Free Plan at any time for any reason without prior notice.

Your access to the free service can be revoked unexpectedly.

Severity 5 · egregious

“NEITHER PARTY SHALL BE LIABLE HEREUNDER TO THE OTHER UNDER ANY THEORY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LOST DATA OR PROFITS, WHETHER OR NOT FORESEEABLE.”

Neither party is liable for indirect, incidental, consequential damages, or lost data or profits.

You cannot recover lost profits or data if the service fails.

Severity 4 · material

“The aggregate liability (excluding indirect, special, and consequential damages, for which PagerDuty expressly disclaim all liability) of PagerDuty, its Affiliates and suppliers, for any claim arising from Customer’s use of Pre-Release Technology will not exceed one-thousand U.S. dollars ($1,000 USD).”

PagerDuty's total liability for claims related to your use of Pre-Release Technology is capped at $1,000 USD.

Your recovery for damages from using new, untested features is severely limited.

Severity 4 · material

“NEITHER PARTY’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL EXCEED THE AMOUNTS PAID TO PAGERDUTY BY CUSTOMER HEREUNDER IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY (“CAP”).”

Neither party's liability is capped at the amount paid to PagerDuty in the 12 months before the event.

Your potential damages are limited to what you paid PagerDuty in the prior year.

Severity 4 · material

“CUSTOMER WILL DEFEND, INDEMNIFY AND HOLD HARMLESS PAGERDUTY FROM AND AGAINST ANY THIRD-PARTY CLAIMS RESULTING FROM A VIOLATION OF THIS SECTION 13.7 BY CUSTOMER OR ANY OF ITS USERS, AGENTS, OFFICERS, DIRECTORS, OR EMPLOYEES.”

You will defend and indemnify PagerDuty against third-party claims resulting from your or your users' violation of the agreement.

You will cover PagerDuty's legal costs if they are sued due to your or your team's actions.

Severity 3 · notable

“Customer shall defend, indemnify and hold harmless PagerDuty and its officers, directors, employees and agents from and against all third-party claims (including any Contact Persons), suits, government investigations, fines, actions, damages, settlements, losses, liabilities, costs (including without limitation reasonable attorney’s fees) and expenses arising from related to Customer’s failure to comply with its obligations under Section 5.4 of this Agreement or its failure to secure required consents or otherwise protect the privacy of Contact Information under this Agreement.”

You must defend and indemnify PagerDuty against third-party claims arising from your non-compliance with privacy obligations.

You will pay PagerDuty's legal costs if a third party sues them because of your actions.

Severity 4 · material

“PagerDuty reserves the right, in its sole discretion, to modify or replace any part of this Agreement by (i) posting a revised Agreement on PagerDuty’s website or (ii) providing notice to Customer of the change.”

PagerDuty can change the agreement by posting a revised version on its website or notifying you.

The terms of service can be changed by PagerDuty without your consent.

Severity 3 · notable

“Some Services may be subject to additional product specific terms or pricing terms specific to that Service, available at https://www.pagerduty.com/product-specific-terms/ (“Product-Specific Terms”), which PagerDuty may update from time to time in its sole discretion.”

PagerDuty may update product-specific terms or pricing at any time.

The terms and costs of the service can change without your explicit agreement.