Terms of Service

Last updated: November 25, 2021.

From everyone at 19 Signals, thank you for using our products! We build them to help you do your best work. Because we don't know every one of our customers personally, we have to put in place some Terms of Service to help keep the ship afloat.

When we say "Company", "we", "our", or "us" in this document, we are referring to 19 Signals, LLC.

When we say "Services", we mean any product created and maintained by 19 Signals, LLC. That includes Statsignal, whether delivered within a web browser, desktop application, mobile application, or another format.

When we say "You" or "your", we are referring to the people or organizations that own an account with our Services.

We may update these Terms of Service in the future. You can track all changes on GitHub. Typically these changes have been to clarify some of these terms by linking to an expanded related policy. Whenever we make a significant change to our policies, we will also announce them on our company blog.

When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That's true for our product and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.

If you violate any of the terms, we may terminate your account. That's a broad statement, and it means you need to place a lot of trust in us. We do our best to deserve that trust by being open about who we are, how we work, and keeping an open door to your feedback.

Account Terms

1. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
2. You may not use the Services for any purpose outlined in our Use Restrictions policy.
3. You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.
4. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

Payment, Refunds, and Plan Changes

1. If you are using a free version of one of our Services, it is really free: we do not ask you for your credit card and — just like for customers who pay for our Services — we do not sell your data.
2. If you are upgrading from a free service to a paid service, the charges will be calculated from the day of the upgrade and will be charged to your card at the end of the current month. All future invoices will be charged to your card at the end of every month.
3. If the charge is not made at the end of the month, it is because the amount to be billed does not reach the minimum limit to make the monthly charge; therefore, the amount is accumulated for the next month.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to the taxing authorities. See our Taxes policy for more details. Otherwise, you are responsible for the payment of all taxes, levies, or duties.
5. We process refunds according to our Refund policy.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. Within of our Service, we provide a simple no-questions-asked cancellation link. You can find instructions on how to cancel your account in our Cancellation policy. An email request to cancel your account is not automatically considered cancellation. If you need help canceling your account, you can always contact our Support team.
2. All of your content will be inaccessible from the Services immediately upon cancellation. Within 30 days, all content will be permanently deleted from active systems and logs and backups. We cannot recover this information once it has been permanently deleted. If you want to export any data before your account is canceled, you can request it to our Support team, so we will send a compressed file that contains all your data in comma separated value format (.csv) files.
3. If you cancel the Service before the end of your current month, your cancellation will take effect immediately, and any amount owed to us will be charged at the end of the current month. See our Refund policy for more details.
4. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Furthermore, the termination will result in the deletion of your account or your access to your account and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of the many accounts on our Services, there is at least one doing something nefarious. There are some things we staunchly stand against, and this clause is how we exercise that stance. For more details, see our Use Restrictions policy. Verbal, physical, written, or other abuse (including threats of abuse or retribution) of the Company employee or officer will result in immediate account termination.

Modifications to the Service and Prices

1. Sometimes it becomes technically impossible to continue a feature, or we redesign a part of our Services because we think it could be better, or we decide to close new signups of a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
2. Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days' notice and notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Uptime, Security, and Privacy

1. Your use of the Services is at your sole risk. We provide these Services on an "as is" and "as available" basis. We do not offer service-level agreements for our Service — We take the uptime of our application seriously. Visit status.19signals.com to see the status of our Services.
2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
3. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted. Please refer to our Security Overview for full details and our Security Response page for information about how to report a security incident or threat.
4. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that 19 Signals may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:
   • To help you with support requests you make.
   • On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause as much as possible to avoid the errors from reoccurring. -To safeguard Statsignal or another 19 Signals product. We'll look at logs and metadata as part of our work to ensure the security of your data and the Service as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
   • To the extent required by applicable law. As a US company with all data infrastructure located in the US, we only preserve or share customer data if compelled by a US government authority with a legally binding order or proper request under the Stored Communications Act. If a non-US authority approaches 19 Signals for assistance, our default stance is to refuse unless the order has been approved by the US government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If 19 Signals is audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.
5. We use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
6. We process any data you share with us only for the purpose you signed up for and as described in these Terms of Service, Privacy policy, and other policies. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip-side, you agree to comply with your requirements under the Wyoming's Consumer Protection Act and not use 19 Signals Services in a way that violates the regulations.
7. These Service Terms incorporate the 19 Signals Data Processing Agreement ("DPA") when the General Data Protection Regulation ("GDPR") applies to your use of 19 Signals Services to process Customer Data as defined in the DPA. The DPA is effective as of November 25, 2021, and replaces and supersedes any previously agreed Data Processing Agreement between you and 19 Signals LLC relating to the GDPR. If you prefer to have an executed copy of the Data Processing Agreement, you may sign a copy online. Regardless of whether you execute or not, we protect and secure your data to the high standards set out in the agreement.

Copyright and Content Ownership

The names, look, and feel of the Services are copyright© to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company's logo or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind this permission if you violate these Terms of Service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company. You must not modify another website so as to falsely imply that it is associated with the Services or the Company.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don't guarantee completely error-free Services.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that's on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, talent; and general. If you choose to use our Services, thank you for betting on us.

If you have a question about any of the Terms of Service, please contact our Support team.