These Terms of Service (the "Terms") govern the customer's use of Incidental.
This document outlines the Terms of Service for using Incidental, an online incident management service integrated with Slack. Key points include:
Incidental provides an online incident management platform ("Service"), integrated with Slack as a Slack app and website.
To provide the Service, Incidental will access the customer's Slack workspace, receive interaction webhooks, and store Slack data references where possible instead of data itself. Functionality-dependent data will be securely stored and encrypted.
Opening an Account indicates acceptance of these Terms.
Accounts are for single person use only. Customers can create separate Accounts for employees.
The Account opener represents having authority to act for their entity and provide the Slack Sign-In.
For Account registration, the customer must:
If choosing a paid plan, the customer agrees to pay Incidental's fees stated on its pricing page, collected automatically using provided payment details.
The customer must not interfere with Incidental's functionality or proper working.
The customer will indemnify and hold harmless Incidental, its officers, directors, employees and agents from any third party claims, damages, and costs (including reasonable attorney fees) arising from unauthorized or illegal customer use of Incidental.
Incidental will use reasonable efforts to ensure the Service is performed substantially per the specification in a timely, professional manner.
Incidental will use reasonable efforts to remedy any reported Service defects within a reasonable time after detailed notification from the customer.
Incidental will defend the customer against third party claims that the Service infringes patents, copyrights, trademarks or misappropriates trade secrets.
Incidental warrants that, to its knowledge, the customer's compliant Service use will not infringe third party intellectual property rights.
The customer warrants that: (i) it will comply with these Terms; (ii) it will not use the Service for obscene, blasphemous, defamatory, terrorism/hate promoting, or illegal purposes; and (iii) it will not introduce viruses, malware or other malicious content that may compromise Incidental's Service, properties or assets.
Adjustments, changes and Incidental updates to avoid/maintain Service functionality may lead to temporary suspensions up to ~1 hour per month (~99.9% availability).
The customer acknowledges the Service relies on working internet infrastructure, causing potential additional downtime when the Website is unavailable or internet access restricted.
The customer acknowledges Incidental may not work if Slack is unavailable to Incidental or the customer.
Subject to customer compliance with these Terms, the customer has a limited, non-exclusive, non-transferable, non-sublicensable right to useIncidental as software-as-a-service via the internet.
The customer is not granted additional rights to the Service orIncidental intellectual property, cannot make copies, translate code (decompile) or use other methods to reveal embedded code (reverse engineer).
The customer cannot remove or alter copyright notices, serial numbers or other identification features.
Until termination, Incidental may use the customer's name and/or logo on its websites, customer lists and marketing materials, complying with any usage parameters provided, displayed similarly to other customers' names/logos.
To the maximum extent permitted by law, Incidental and its officers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages including, without limitation, loss of profits, data, use, goodwill or other intangible losses from accessing/inability to access the Service.
Incidental's total liability is limited to fees paid by the customer for the Service in the 12 months preceding the claim(s).
Each party undertakes not to use, divulge or communicate the other's confidential business/affairs information which may come to its knowledge, except to representatives/advisors or as required by law/authority, and will use reasonable efforts to prevent such information's publication/disclosure.
Incidental will process personal data per its Privacy Policy, available at its website.
These Terms remain in effect until terminated by Incidental or the customer per this paragraph.
Incidental or the customer may terminate for convenience at any time. Termination is by written notice or by using any account closing mechanism provided. By terminating, the customer waives further Service use and Incidental is not liable to refund fees for the remaining subscription period.
No notice period is required. The Warranty, Limitation of Liability, Confidentiality, Governing Law/Jurisdiction, and Resolving Disputes paragraphs survive termination.
Incidental's relationship with the customer is governed by English law and the English courts have exclusive jurisdiction over any related disputes.
For Service concerns/complaints, the customer should first contactIncidental using the methods on its website. Incidental will work with the customer to understand and swiftly resolve the issue.
Notices to the customer will be sent to the email registered with Slack, or any updated email provided.
Notices to Incidental must be directed to hello@incidental.dev.
These Terms, with any referenced documents, constitute the entire agreement concerning the subject matter.
The customer may only set off legally binding, recognized claims. Rights/obligations are generally non-transferable, but Incidental may transfer these Terms.
If any provision is or becomes invalid/omitted, validity of other provisions remains, and parties will agree to a new provision resembling the invalid/omitted one in purpose/meaning considering interests and regulations.
Incidental may modify these Terms occasionally.