Agreement to Terms
By accessing or using the Incidentary service, you agree to be bound by these Terms of Service. If you are using Incidentary on behalf of an organization, you represent that you have the authority to bind that organization to these terms.
- •"You" means the individual or entity creating an Incidentary workspace.
- •"Service" means the Incidentary cloud platform, APIs, SDKs, and documentation at incidentary.com.
- •The Node.js, Python, and Go SDKs are licensed separately under Apache 2.0.
Description of Service
Incidentary is a SaaS platform for incident response. It processes telemetry metadata — span timing, service identifiers, causal relationships, error status codes — transmitted by your instrumented services to assemble causal incident artifacts.
The service does not process request or response bodies, database query results, environment variables, HTTP headers (beyond trace context), or secrets of any kind.
Accounts and Workspaces
One account per person. One workspace per organization. You are responsible for maintaining the security of your credentials and for all activity that occurs under your account.
- •You must provide accurate contact information.
- •You must not share credentials or allow others to access your account.
- •We may suspend accounts that violate these terms or that show signs of unauthorized access.
Plans and Billing
Incidentary offers Free, Pro ($49/mo), Team ($149/mo), and Enterprise (custom) plans.
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
- •Paddle handles invoicing, tax calculation, tax collection, and payment processing on our behalf.
- •Prices are in USD. Annual billing is available at a 20% discount for Pro and Team plans.
- •Upgrades take effect immediately. Downgrades take effect at the end of the current billing period.
- •Pro and Team plans include overage billing beyond the included CE allowance (Pro: $12/1M CEs, Team: $10/1M CEs). Free plan ingestion pauses at 200,000 CEs per month.
- •Auto-renewal: paid plans automatically renew at the end of each billing period (monthly or annual) at the then-current rate until cancelled. You may cancel auto-renewal at any time through Paddle's customer portal or by contacting support@incidentary.com. Cancellation takes effect at the end of the current billing period — you will not be charged for the next period.
Refund Policy
We want you to use Incidentary because it works, not because you are locked in.
- •30-day money-back guarantee: if you are unsatisfied with a paid plan within the first 30 days of your initial subscription purchase, contact support@incidentary.com for a full refund of that billing period.
- •After the initial 30-day period, subscription fees are non-refundable for partially used billing periods. If you cancel, you retain access to paid plan features until the end of the current billing period.
- •Overage charges reflect actual metered usage and are non-refundable.
- •Billing errors: if you believe you were charged in error, contact support@incidentary.com within 30 days. Verified billing errors will be credited or refunded in full.
- •Refund processing is handled by Paddle as our Merchant of Record. Card refunds typically appear within 3–5 business days. PayPal refunds within 48 hours.
- •Service disruptions: if you experience a significant service disruption that materially affects your use of Incidentary during a paid billing period, contact us. We evaluate credits or partial refunds on a case-by-case basis.
- •EU consumers: under EU consumer protection law, you have a 14-day right to cancel from the date of your initial subscription purchase. This right applies to the initial subscription only, not to renewals.
- •Free plan: the free plan has no charges. No refund applies.
Acceptable Use
Use Incidentary for its intended purpose: understanding incidents and improving service reliability. Do not:
- •Use the service to process, transmit, or store data in violation of applicable law.
- •Send telemetry containing personally identifiable information unless you have a lawful basis and have configured the SDK accordingly.
- •Reverse-engineer the managed platform. The SDKs are open source; the platform is not.
- •Attempt to access other workspaces or bypass tenant isolation.
- •Use the service for competitive benchmarking without written consent.
- •Interfere with the service's operation or other users' access.
Data and Privacy
Your data is yours. We process it to provide the service.
- •We do not sell your data or use it for advertising.
- •Telemetry metadata is stored according to your plan's retention window (Free: 14 days, Pro: 30 days, Team: 90 days, Enterprise: custom).
- •When retention expires, data is permanently deleted — not archived, not moved.
- •Shared trace links are accessible to anyone with the URL. You control what you share.
- •Data portability: you may request an export of your telemetry data in a structured, machine-readable format at any time while your account is active and data remains within your retention window.
Intellectual Property
The Incidentary name, logo, and brand identity are the intellectual property of their creator.
- •The Node.js, Python, and Go SDKs are licensed under Apache 2.0. The managed platform is proprietary.
- •You retain ownership of your telemetry data. We retain ownership of the service, aggregate anonymized insights, and all platform code.
- •Feedback you provide may be used to improve the service without obligation or compensation.
Confidentiality
Each party may disclose confidential information to the other in connection with the service. "Confidential information" means any non-public information disclosed by one party to the other that is designated as confidential or that a reasonable person would understand to be confidential given its nature.
- •Confidential information does not include information that: (a) is or becomes publicly available through no fault of the receiving party, (b) was known to the receiving party before disclosure, (c) was independently developed without use of confidential information, or (d) is rightfully received from a third party without restriction.
- •Each party agrees to protect the other's confidential information using at least the same care used for its own confidential information, and no less than reasonable care.
- •Confidential information may be disclosed as required by law, provided the disclosing party is given reasonable advance notice where legally permitted.
- •Your telemetry metadata is your confidential information. We treat it accordingly.
Service Level and Availability
We aim for high availability but do not guarantee specific uptime percentages outside of Enterprise agreements.
- •Enterprise customers receive a 99.9% uptime SLA as documented in their service agreement.
- •Scheduled maintenance will be announced in advance where possible.
- •We are not liable for downtime caused by factors outside our control, including upstream infrastructure providers, network issues, or force majeure events.
Warranty Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCIDENTARY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Incidentary does not warrant that the service will be uninterrupted, error-free, or free of harmful components, or that any data will be secure or not otherwise lost or damaged.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- •Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, data, or business opportunity arising from or relating to this agreement, regardless of the theory of liability.
- •Each party's total aggregate liability under this agreement is limited to the amounts you paid for the service in the 12 months immediately preceding the event giving rise to the claim.
- •The limitations in this section do not apply to: (a) either party's indemnification obligations, (b) either party's infringement of the other's intellectual property rights, (c) liability arising from willful misconduct or gross negligence, or (d) your payment obligations.
- •Incidentary is a diagnostic tool. It does not make operational decisions. You are responsible for how you act on the information it provides.
Indemnification
- •You agree to indemnify, defend, and hold Incidentary harmless from claims, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your violation of these terms, (b) your use of the service in violation of applicable law, or (c) telemetry data transmitted by your instrumented services that you did not have the right to transmit.
- •Incidentary agrees to indemnify, defend, and hold you harmless from claims that the service, as provided to you, infringes a third party's intellectual property rights.
- •The indemnifying party will have sole control of the defense and settlement of any claim. The indemnified party will provide reasonable cooperation at the indemnifying party's expense.
- •This section states each party's sole and exclusive remedy for the matters described above.
Termination
You may cancel your subscription at any time through Paddle's customer portal or by contacting support@incidentary.com.
- •We may terminate or suspend your access for material breach of these terms, with notice where practicable.
- •Upon termination, your data is retained for your plan's retention window, then permanently deleted.
- •Data export: upon written request made within 30 days of termination, we will provide an export of your telemetry data in a structured, machine-readable format, to the extent it remains within your plan's retention window.
- •Sections on confidentiality, limitation of liability, warranty disclaimer, indemnification, intellectual property, and governing law survive termination.
Changes to These Terms
We may update these terms. Material changes will be communicated via email or in-product notification at least 30 days before taking effect. Continued use after changes take effect constitutes acceptance. If you disagree with changes, you may cancel before they take effect.
Governing Law and Disputes
These terms are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles. We chose English law because Paddle, our Merchant of Record, is headquartered in the United Kingdom, and English law is well-established for international SaaS disputes.
- •Any disputes arising under these terms will first be subject to good-faith negotiation for a period of 30 days following written notice.
- •If negotiation fails, disputes will be resolved by binding arbitration administered under the rules of the London Court of International Arbitration (LCIA).
- •You agree to resolve disputes individually. Class actions and representative proceedings are not permitted under this agreement.
- •Disputes that qualify for a small claims procedure in your jurisdiction may be brought there in lieu of arbitration.
- •Opt-out: you may opt out of the arbitration requirement by sending written notice to legal@incidentary.com within 30 days of first accepting these terms.
- •Nothing in this section overrides mandatory consumer protection laws in your jurisdiction. If you are a consumer in the European Economic Area, United Kingdom, or other jurisdiction with mandatory consumer protections, you retain the right to bring proceedings in your local courts.
- •Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.
General Provisions
- •Entire agreement: these terms, together with our Privacy Policy and any order form or Enterprise agreement, constitute the entire agreement between you and Incidentary regarding the service and supersede all prior agreements.
- •Severability: if any provision of these terms is held invalid or unenforceable, the remaining provisions remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
- •Assignment: you may not assign these terms without our prior written consent. We may assign these terms in connection with a reorganization, incorporation, acquisition, or sale of all or substantially all of our assets, with notice to you.
- •Waiver: failure to enforce any provision of these terms does not constitute a waiver of that provision or any other provision.
- •Notices: notices to you will be sent to the email address associated with your account. Notices to us should be sent to legal@incidentary.com.
- •Force majeure: neither party is liable for failure to perform obligations (other than payment obligations) due to causes beyond its reasonable control, including acts of God, natural disasters, pandemics, government actions, internet or utility failures, or third-party service outages.
- •Independent contractors: the relationship between you and Incidentary is that of independent contractors. Nothing in these terms creates a partnership, joint venture, or agency relationship.
- •Export compliance: you agree to comply with all applicable export and import laws and regulations in your use of the service.