Terms ofService

Welcome to OpShift. These Terms of Service ("Terms") govern your access to and use of OpShift's incident management platform and services. By accessing or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using OpShift, you agree to:

• Be bound by these Terms and our Privacy Policy
• Comply with all applicable laws and regulations
• Be at least 16 years of age
• Have the authority to enter into this agreement

If you are using OpShift on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Services

OpShift provides an incident management platform that includes:

• Real-time uptime monitoring and health checks
• Smart alerting with advanced filtering capabilities
• On-call scheduling and rotation management
• Slack and third-party integrations
• Analytics and reporting tools
• Team collaboration features

We reserve the right to modify, suspend, or discontinue any part of our services at any time.

3. Account Registration and Security

3.1 Account Creation

To use OpShift, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Responsibilities

You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your password and account
• Notify us immediately of any unauthorized access
• Be responsible for all activities under your account
• Not share your account with others

3.3 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent or abusive behavior.

4. Acceptable Use Policy

You agree not to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our services
• Use our services for spam or unsolicited communications
• Resell or redistribute our services without authorization
• Reverse engineer or attempt to extract source code
• Use automated systems to access our services excessively

5. Subscription and Payments

5.1 Subscription Plans

OpShift offers various subscription plans with different features and pricing. Current pricing is available on our pricing page.

5.2 Billing

By providing payment information, you authorize us to charge:

• Subscription fees at the start of each billing cycle
• Any applicable taxes
• Additional charges for usage above plan limits

5.3 Refunds

We offer a 14-day free trial. After that, payments are non-refundable except as required by law or at our sole discretion.

5.4 Cancellation

You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period.

6. Intellectual Property

6.1 Our Rights

OpShift and its content, features, and functionality are owned by OpShift Inc. and protected by copyright, trademark, and other intellectual property laws.

6.2 Your Content

You retain ownership of any content you submit to OpShift. By submitting content, you grant us a license to use, store, and process it to provide our services.

6.3 Feedback

Any feedback, suggestions, or ideas you provide about OpShift may be used by us without any obligation to you.

7. Service Level and Support

We strive to provide reliable services with:

• 99.9% uptime SLA for paid plans
• Email support for all customers
• Priority support for Professional and Enterprise plans
• Phone support for Enterprise customers

Specific SLA terms are outlined in your subscription agreement.

8. Data and Privacy

Your use of OpShift is also governed by our Privacy Policy. We are committed to protecting your data and complying with applicable data protection laws, including GDPR and CCPA.

9. Third-Party Services

OpShift integrates with third-party services like Slack. Your use of these integrations is subject to the third party's terms and policies. We are not responsible for third-party services or their availability.

10. Disclaimer of Warranties

OPSHIFT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPSHIFT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold OpShift harmless from any claims, damages, or expenses arising from your use of our services, violation of these Terms, or infringement of any rights of another party.

13. Dispute Resolution

13.1 Informal Resolution

Before filing a claim, you agree to contact us to attempt to resolve the dispute informally.

13.2 Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

13.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive the right to participate in class actions.

14. Changes to Terms

We may modify these Terms at any time. Material changes will be notified via email or through our services. Your continued use after changes constitutes acceptance of the updated Terms.

15. General Provisions

15.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law provisions.

15.2 Severability

If any provision is found unenforceable, the remaining provisions will continue in effect.

15.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and OpShift.

15.4 Assignment

You may not assign these Terms without our consent. We may assign our rights and obligations without restriction.

16. Contact Information

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