Terms of Service - Perchwatch

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Perchwatch LLC ("Company," "we," "us," or "our") governing your access to and use of the Perchwatch platform, including any related services, features, and applications (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

Description of Service

Perchwatch is an on-call management and incident response platform that provides:

On-call scheduling and rotation management
Incident tracking and response coordination
Multi-channel notifications (email, SMS, phone, Slack, Microsoft Teams)
Team management and collaboration tools
Analytics and reporting features
Third-party integrations (Jira, ServiceNow, and others)

Account Registration

To use the Service, you must create an account and provide accurate, complete information. You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized use
Ensuring your contact information remains current

You must be at least 16 years old to use the Service. By creating an account, you represent that you meet this age requirement.

Subscription and Payment

Subscription Plans

The Service is offered through various subscription plans as described on our pricing page. Features and usage limits vary by plan.

Billing

Subscriptions are billed in advance on a monthly or annual basis
All fees are non-refundable except as required by law or stated in these Terms
We may change pricing with 30 days' notice; changes apply at your next billing cycle
You authorize us to charge your payment method for all applicable fees

Free Trial

We may offer a free trial period. At the end of the trial, your account will convert to a paid subscription unless you cancel before the trial ends.

Acceptable Use

You agree not to use the Service to:

Violate any applicable laws or regulations
Infringe on the intellectual property rights of others
Transmit malware, viruses, or other harmful code
Attempt to gain unauthorized access to our systems or other users' accounts
Interfere with or disrupt the integrity or performance of the Service
Harvest or collect user information without consent
Send spam or unsolicited communications
Impersonate any person or entity

Your Data

Ownership

You retain all rights to the data you submit to the Service ("Your Data"). You grant us a limited license to use Your Data solely to provide and improve the Service.

Data Security

We implement industry-standard security measures to protect Your Data. However, no method of transmission or storage is 100% secure. See our Privacy Policy for details.

Data Export

You may export Your Data at any time through the Service's export features or by contacting support.

Intellectual Property

The Service, including its original content, features, and functionality, is owned by Perchwatch LLC and is protected by copyright, trademark, and other intellectual property laws. You may not:

Copy, modify, or distribute the Service or its content
Reverse engineer, decompile, or disassemble the Service
Remove any copyright or proprietary notices
Use our trademarks without prior written consent

Third-Party Services

The Service may integrate with third-party applications (Slack, Microsoft Teams, Jira, etc.). Your use of these integrations is subject to the respective third party's terms and privacy policies. We are not responsible for third-party services.

Service Availability

We strive to maintain 99.9% uptime for the Service. However, we do not guarantee uninterrupted access. The Service may be temporarily unavailable for:

Scheduled maintenance (with advance notice when possible)
Emergency repairs
Circumstances beyond our reasonable control

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERCHWATCH LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Indemnification

You agree to indemnify and hold harmless Perchwatch LLC and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service or violation of these Terms.

Termination

By You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.

By Us

We may suspend or terminate your access to the Service immediately if you violate these Terms or engage in conduct that we determine is harmful to other users or our business.

Effect of Termination

Upon termination, your right to use the Service ceases immediately. We will retain Your Data for 90 days, during which you may request an export. After 90 days, Your Data may be permanently deleted.

Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You agree to waive your right to a jury trial and to participate in class actions.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes by email or through the Service. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

General Provisions

Entire Agreement: These Terms constitute the entire agreement between you and Perchwatch LLC regarding the Service.
Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
Waiver: Our failure to enforce any right does not waive future enforcement.
Assignment: You may not assign these Terms without our consent; we may assign them freely.

Contact Us

If you have questions about these Terms, please contact us at:

Email: privacy@useperchwatch.com
Address: Perchwatch LLC, United States