Last Updated: December 31, 2019

California Residents: Click here to see our additional privacy information for California residents.

Your privacy is of the utmost importance to PagerDuty, Inc. (“PagerDuty” or “we”) and we take our obligations regarding your privacy seriously.

We have developed this Privacy Policy to describe how we collect, use and disclose your personally identifiable information (“PII” or “personal data“) when you access or use our website at https://www.pagerduty.com (“Website“), our Software-as-a-Service Information Technology on-call schedule management, alerting, and incident tracking services (“Services“) and any mobile application that we operate and which includes a link to this policy (“Apps“). Our Website, Services and Apps are collectively referred to in this Privacy Policy as our “Online Services”.

This Privacy Policy is incorporated into, and considered a part of, PagerDuty, Inc.’s Service Terms of Use, currently located at https://www.pagerduty.com/service-terms-use.

We adhere to the EU-U.S. Privacy Principles and Swiss-U.S. Privacy Principles with respect to the personal data of residents of the European Economic Area (“EEA“) and Switzerland respectively who access and use our Online Services and whose personal data we collect in reliance on each Privacy Shield Framework. PagerDuty is certified with the EU-U.S. and Swiss-U.S. Privacy Shield maintained by the U.S. Department of Commerce and our participation status can be viewed here.

1. Consent
   This section does not apply if you are based in the EEA or Switzerland. By using our Online Services, you agree to the terms and conditions contained in this Privacy Policy and you expressly consent to the processing of your data in accordance with this Privacy Policy. If you do not agree to any of these terms and conditions, or approve of PagerDuty’s data practices as explained herein, then you should immediately cease all use of our Online Services. To the fullest extent permitted by applicable law, you agree that any dispute over privacy or the terms contained in this Privacy Policy and Terms of Use, or any other agreement we have with you, will be governed by the laws of the state of California.
2. What Data We Collect
   PagerDuty collects the following types of PII:
   1. Information Provided by Website Visitors.
      If you decide to sign up for information from us, schedule a demo, or create an account to use the Service, PagerDuty may collect the following PII from you: (1) first and last name, (2) organization name, (3) email address, (4) phone number, and (5) where applicable, a user-generated password for your account. If you provide us with feedback or contact us via email (e.g., in response to an employment opportunity posted on our Website), we will collect your name and email address, as well as any other content or information included in or attached to your email, in order to send you a reply. If you purchase services or products from us, we will also collect payment account and other financial information.
      We may combine the information we collect directly from you with information we obtain from public sources, partners, and other third parties and use such combined information in accordance with this Privacy Policy.
   2. Information We May Collect via Technological Means.
      Our servers, which may be hosted by a third-party service provider, may collect certain technical data about your device and software, including your browser type, operating system, IP address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a time stamp of your visit. We automatically gather this data and store it in log files each time you visit our website or access your account on our network. Unless you have provided PII in connection with your use of the Online Services, such technical data cannot reasonably be used to identify you. We may also directly collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends in connection with the Online Services. We collect and use this analytics information in aggregate form such that it cannot reasonably be used to identify any particular individual user.

   3. Cookies, web beacons and other tracking technologies.
      We use various technical mechanisms such as cookies, web beacons and similar tracking technologies to monitor how users use our Online Services. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website. “Web beacons” refer to various tracking technologies used to check whether you have accessed some content on our Online Services. We use cookies for the following purposes, specifically:
      • Performance Cookies: These cookies allow us to count visits and traffic sources, so we can measure and improve the performance of our site. They help us know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you have visited our site.
      • Functional Cookies: These cookies allow the provision of enhance functionality and personalization, such as videos and live chats. They may be set by us or by third-party providers whose services we have added to our pages. If you do not allow these cookies, then some or all of these functionalities may not function properly.
      • Targeting Cookies: These cookies are set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant ads on other sites. They work by uniquely identifying your browser and device. If you do not allow these cookies, you will not experience our targeted advertising across different websites.
      • Strictly Necessary Cookies: These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site may not work then.

      You may update your Cookie preferences anytime here. We may link the information we store in cookies or through other mechanisms to the PII you submit while using our Online Services. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Online Services. You can remove persistent cookies at any time by following the directions in the “Help” section of your Internet browser. You can also disable all cookies on your Internet browser. For details, see www.aboutcookies.org. If you choose to disable cookies, be advised that some components of our Online Services may not work properly.

      Our partners, affiliates and other service providers may use cookies and other technologies to improve the quality of your experience when you interact with our Online Services and to deliver or target advertising. We may receive reports based on the use of certain technologies by these companies on an individual and aggregated basis.

1. 4. Information Gathered From Your Mobile Device.
      When you download and use our Apps, we automatically collect information on the type of mobile device you use and operating system version. We do not ask for, access or track any specific location information from your mobile device at any time while downloading or using Apps, but we may infer your general geographic location based on your IP address. Our Apps may send push notifications. If you no longer wish to receive such push notifications, please turn them off at the device level.

3. How We Use the Data We Collect.
   
   In summary, we use your PII to respond to your requests, provide, secure and enhance the Online Services, and comply with our legal obligations. In particular, PagerDuty uses your PII for the following purposes as necessary and as permitted by applicable law:

1. • Facilitate the creation of and secure your account on our Online Services;
   • Identify you as a user of our Online Services;
   • Provide and administer your use of the Online Services;
   • Personalize and improve the quality of your experience when you interact with our Online Services;
   • Send you a welcome e-mail to verify ownership of the e-mail address provided when your account was created;
   • Send you administrative e-mail notifications, such as security or support and maintenance messages;
   • Respond to your inquiries and requests;
   • Provide you with hardcopy or electronic newsletters, or surveys;
   • Determine which of our products and services may be of interest to you or your business;
   • Send you information about upgrades and special offers related to our Online Services;
   • Comply with applicable laws and regulatory requirements;
   • Respond to lawful requests, court orders and legal process; and
   • Protect our legal interests or those with whom we do business.

We may generate reports that contain aggregate data about usage of our Online Services and similar topics. In such instances, we use aggregate data that cannot be used to reasonably identify any individual and which contains no PII.

4. Information Sharing and Disclosure
   To the extent permitted by applicable law, PagerDuty may disclose your PII in the following circumstances:

1. 1. Service Providers.
      We may engage our affiliates or third-party companies or individuals to support us in connection with the purposes listed above, such as to provide IT services, process payments or contact users where an alert is triggered.
   2. Law Enforcement.
      It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for PagerDuty to disclose your PII. We may also disclose your PII if we determine disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users.
   3. Business Transfer.
      We may share your PII if PagerDuty engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of PagerDuty’s assets, financing acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence).

We may also disclose your PII with your prior informed consent. Service providers acting on our behalf are obliged to adhere to confidentiality requirements no less protective than those set forth herein and will only receive access to your PII as necessary to perform their functions.

PagerDuty adheres to the Privacy Shield Principle of Accountability for Onward Transfer. We may transfer PII (including personal data about residents of the EEA and Switzerland) to our vendors, consultants and other service providers who need access to such PII to carry out work on our behalf. If a third-party service provider providing services on PagerDuty’s behalf processes such PII in a manner inconsistent with the Privacy Shield Principles, PagerDuty will be liable unless we can prove that we are not responsible for the event giving rise to the damages. We may also be required to disclose such PII in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

5. How We Protect Your Data – Security
   We are committed to protecting the security of information received via the Online Services, including PII. We provide reasonable and appropriate administrative, technical, and physical security controls to protect your PII from unauthorized access, use, or disclosure. For example, we use secure socket layer technology (SSL) in connection with our Online Services. We also require you to enter a password to access your account information. Please do not disclose your account password to anyone else. Despite our efforts, no security controls are 100% risk-free, and PagerDuty does not warrant or guarantee that your PII will be secure in all circumstances. To learn more about our current security practices and policies, please view our Security Practices; we keep this document updated as these practices evolve over time.

6. Your Data, Your Choice

Please note if you are a California resident, please see the “Additional Information for California Residents” section below for information about your privacy rights under California law.

1. 1. Opt-Out.
      We offer you choices regarding the collection, use, and sharing of your PII. Where permitted by applicable law, we will periodically send you free newsletters and e-mails that directly promote the use of our products or services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly. Despite your indicated e-mail preferences, we may send you notices of any updates to our Terms of Use or Privacy Policy.
   2. Ability to Edit or Delete Your Personal Information.
      You may edit any of your PII in your account on the Online Services, including contact information and/or notification settings, by editing your account profile. You may also request that we delete your account information by sending an email to support@pagerduty.com, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). PagerDuty will respond to such requests within thirty (30) days or sooner if required by applicable law. When we delete account information, it will be deleted from the active database, but may remain in our archives for a limited amount of time. We will otherwise retain your information for as long as your account is active, as needed to provide you with the Online Services you have requested, or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
   3. Information Processed Under the Direction of Customers.
      If an organization has registered for the Services (a “Customer“) and your PII has been collected by PagerDuty as a result of such organization’s use of the Services, PagerDuty collects and processes any such PII of yours under the directions of the relevant Customer. If these circumstances apply to you and you wish to access, edit, delete or exercise any rights you may have under applicable data protection laws with respect to any PII that we have collected about you, please direct your query to the relevant Customer as this may expedite the completion of your request. We nevertheless provide reasonable assistance to our Customers to give effect to data subject rights as appropriate and required by applicable laws.

7. Links to Third-Party Sites
   
   Our provision of a link to any website or location outside of the Online Services is for your convenience and does not signify our endorsement of such other website or location or its contents. When you click on such a link, you will leave our site and go to another site. During this process, a third party may collect data, including PII, from you. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on a link to a third party. We encourage you to carefully read the privacy statement of any other website you visit.

8. EU-US Privacy Shield and Swiss-US Privacy Shield
   1. PagerDuty has registered its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework and is awaiting final confirmation by the US Department of Commerce. PagerDuty is committed to subjecting personal data received from the EEA and Switzerland, respectively, in reliance on each Privacy Shield Framework to the EU-U.S. Privacy Shield Principles and the Swiss-U.S. Privacy Shield Principles. We also receive some data in reliance on other compliance mechanisms, including data processing agreements based on the EU Standard Contractual Clauses.
   2. With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, PagerDuty is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
   3. If you have an unresolved privacy complaint, please contact our U.S.-based third-party dispute resolution provider (free of charge) at https://www.jamsadr.com/. If you are located in the EEA or Switzerland and have exhausted all other means to resolve your concern regarding a potential violation of PagerDuty’s obligations under the relevant Privacy Shield Principles, you may seek resolution via binding arbitration.
9. Additional Information for California Residents
   
   If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).
   1. How We Source, Use, and Disclose Information for Business Purposes

   The following chart details the categories of personal information we collect, the sources of such personal information, and how we use and share such information for business purposes.

2. Your California Privacy Rights.

If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:

• Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information.
• Provide access to and/or a copy of certain personal information we hold about you.
• Delete certain personal information we have about you.
• Provide you with information about the financial incentives that we offer to you, if any.

The CCPA further provides you with the right not to be discriminated against (as provided for in applicable law) for exercising your rights. Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide our services to you. We also will take reasonable steps to verify your identity before responding to a request. In doing so, we may ask you for verification information so that we can match at least two verification points with information we maintain in our files about you. If we are unable to verify you through this method, we shall have the right, but not the obligation, to request additional information from you.

Please also note that if your personal information has been collected by PagerDuty as a result of a Customer’s (as defined above) use of our services, PagerDuty collects and maintains your personal information under the directions of the relevant Customer. If these circumstances apply to you and you wish to access or delete any personal information that we have collected about you, please direct your query to the relevant Customer as this may expedite the completion of your request. We nevertheless provide reasonable assistance to our Customers to give effect to consumer choices as appropriate and required by applicable laws.

If you would like further information regarding your legal rights under California law or would like to exercise any of them, or if you are an authorized agent making a request on a California consumer’s behalf, please contact us at privacy@pagerduty.com or by using the webform here.

The CCPA provides certain rights if a company “sells” personal information, as such term is defined under the CCPA. We do not engage in activities that would be considered “sales” under the CCPA.

Shine the Light Disclosure: The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.

10. Additional information for Nevada residents

Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration (as such terms are defined under Nevada law) to a person or that person to license or sell such information to additional persons. We do not engage in such activity; however, if you are a Nevada resident and you have purchased products or services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing us at privacy@pagerduty.com. Please note we may take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

11. Information about Children.
    Our Online Services are not intended for use or access by children or minors. PagerDuty does not knowingly collect or solicit information from anyone under the age of thirteen (13). If you believe PagerDuty has inadvertently collected information about a child under the age of thirteen (13), please contact us at privacy@pagerduty.com immediately using the contact information below.

12. Changes to Our Privacy Policy
    PagerDuty reserves the right to change this Privacy Policy. PagerDuty will provide notification of the material changes to this Privacy Statement through our Website and, where appropriate, by email to any email address of yours we may have on file, at least thirty (30) days prior to the change taking effect.

13. Contact Us
    Thanks for reading our Privacy Policy. PagerDuty welcomes your comments, questions, and concerns regarding our Privacy Policy. Please contact us at privacy@pagerduty.com or at our mailing address below: PagerDuty, Inc.
    Attn: Legal Department
    Townsend St. #200
    San Francisco, CA 94103 USA

Supplemental GDPR Privacy Statement

Effective: May 25, 2018

European Union Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“EU GDPR“), requires PagerDuty to provide additional and different information about its data processing practices to data subjects in the European Economic Area (“EEA“). If you are accessing the Online Services from a member state of the EEA, this Supplemental GDPR Privacy Statement applies to you.

PagerDuty, Inc., 600 Townsend St., #200, San Francisco, CA 94103, is the data controller. Its representative in the EU is PagerDuty Ltd. and can be contacted at privacy@pagerduty.com.

Legal Basis of Processing. In general, the legal basis for PagerDuty’s processing of your personal data in connection with the Online Services is Article 6(1)(b) of the EU GDPR, which allows processing of personal data as necessary for the performance of a contract. When you access, use or register for our Online Services, you form a contract with us based on the applicable terms of use or terms of service, and PagerDuty needs to process your personal data to provide the requested Online Services.

As exceptions, PagerDuty relies on your consent with respect to cookies that are not strictly necessary and direct marketing emails per Article 6(1)(a) of the EU GDPR; and pursues legitimate interests under Article 6(1)(f) of the EU GDPR with respect to situations where PagerDuty needs to process your personal data to comply with applicable laws (as a U.S.-based company, PagerDuty is subject to U.S. laws and must comply with them) or processes your personal data to improve our business and Online Services.

Personal Data Transfers outside of the EEA. PagerDuty may transmit some of your personal data to a country where the data protection laws may not provide a level of protection equivalent to the laws in your jurisdiction, including the United States. As required by applicable law, PagerDuty, Inc. will provide an adequate level of protection for your personal data using various means, including, where appropriate:

1. 1. 1. • relying on a formal decision by the European Commission that a certain country ensures an adequate level of protection for personal data (a full list of such decisions may be accessed online here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm);
         • entering into appropriate data transfer agreements based on language approved by the European Commission, such as the Standard Contractual Clauses (2010/87/EC and/or 2004/915/EC), which are available upon request at privacy@pagerduty.com;
         • implementing appropriate physical, technical and organizational security measures to protect Personal Data against accidental or unlawful destruction, accidental loss or alteration, unauthorized disclosure or access, and against all other unlawful forms of processing; and
         • taking other measures to provide an adequate level of data protection in accordance with applicable law.

Any onward transfer is subject to appropriate onward transfer requirements as required by applicable law.

Data Retention. PagerDuty keeps personal data as long as required to provide the Online Services you have requested or registered for and comply with applicable laws.

Data Subject Rights. You have a right to request from PagerDuty access to and rectification or erasure of your personal data or restriction of processing concerning you, as well as the right to data portability under the EU GDPR. You also have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data by us and we can be required to no longer process your personal data. In general, you have the right to object to our processing of your personal data for direct marketing purposes. If you have a right to object and you exercise this right, your personal data will no longer be processed for such purposes by us. You can exercise such rights by accessing the information in your account, submitting a request here, and/or by emailing privacy@pagerduty.com.

If you have provided consent for cookies that are not strictly necessary, direct marketing emails or other data processing based on your consent, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. You have the right to lodge a complaint with a supervisory authority.

Your Choices. You are not required to provide any personal data to PagerDuty but if you do not provide any personal data to PagerDuty, you cannot use the Online Services. You can use the Online Services without consenting to cookies that are not strictly necessary or direct marketing emails; the only consequence is that our Online Services will be less tailored to you or you will not receive our marketing emails. Cookie preferences can be changed by clicking here.

Profiling. PagerDuty does not use in connection with the Online Services automated decision-making, including profiling, in a way that produces legal effects concerning you or which significantly affects you.

Last Updated: November 23, 2015

Website Terms of Use

THESE WEBSITE TERMS OF USE (“TERMS”) CONTROL YOUR (“YOU” OR “YOUR”) ACCESS TO THE PAGERDUTY, INC. (“WE,” “OUR” OR “US”) WEBSITE. BY ACCESSING THE WEBSITE AND ITS CONTENT YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT ACCESS OR USE OUR WEBSITE (THE “WEBSITE”).

THESE TERMS APPLY ONLY TO WEBSITE ACCESS. OUR PRODUCTS AND SERVICES ARE PROVIDED PURSUANT TO A SEPARATE AGREEMENT AVAILABLE AT TIME OF PURCHASE. YOU MUST ACCEPT THE SEPARATE AGREEMENT BEFORE YOU MAY USE ANY OF OUR PRODUCTS OR SERVICES.

1. Changes to Terms. We reserve the right, at our sole discretion, to modify or replace any part of these terms. It is your responsibility to check the Website and these terms periodically for changes. Your continued use of or access to the Website following the posting of any changes is acceptance of those changes. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to these terms, as well as any separate agreements specifically governing them.
2. Electronic Communications and Privacy. When you visit the Website, provide content, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any information about yourself that you provide while accessing the Website shall be governed by our Privacy Policy, which can be found at https://www.pagerduty.com/privacy-policy/. Further, the Website may automatically collect certain information from you as further described in our Privacy Policy.
3. Third Party Links. The Website may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from The Website, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites. You expressly relieve us from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
4. Intellectual Property. All content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations) and all software and technology used, provided or implemented on or through the Website is the property of PagerDuty, Inc., or its suppliers and protected by United States and international copyright and other laws. You may use such materials only in connection with your access of the Website. You may not copy, distribute, scrape, disassemble, reverse engineer or otherwise appropriate or create any derivative works from any of these materials. Any trademarks, service marks, graphics and logos used in connection with the Website are either our trademarks or those of third parties. You may not use any such marks for any purpose. We retain all rights in all materials, technology and marks on the Website, and do not grant any rights other than those explicitly granted by these terms.
5. Disclaimer of Warranty. THE CONTENT AND OTHER MATERIALS ON THE WEBSITE ARE SUPPLIED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL SUCH WARRANTIES ARE DISCLAIMED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR FREEDOM FROM ERRORS. ONLY THOSE WARRANTIES MADE AVAILABLE UNDER SEPARATE AGREEMENTS RELATING TO THE PURCHASE OF SPECIFIC PRODUCTS OR SERVICES WILL APPLY. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES
6. Limitation of Liability. IN NO EVENT WILL PAGERDUTY, INC. OR ANY OF ITS AGENTS OR LICENSORS BE LIABLE TO YOU IN CONNECTION WITH YOUR ACCESS OF THE WEBSITE UNDER ANY LEGAL THEORY FOR DAMAGES, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOST PROFITS. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL PAGERDUTY, INC. OR ANY OF ITS AGENTS OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $100.00.
7. Indemnification. You will indemnify and hold harmless PagerDuty, Inc. and its agents and licensors, against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website or your violation of these terms.
8. Product Ideas. If you submit comments or ideas about current or future offerings, including without limitation potential improvements to our products or services you understand that any such submissions are unsolicited and we may use them without restriction and you will not be entitled to any compensation.
9. Miscellaneous. If any provision of these terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. These terms constitute the entire agreement between you and PagerDuty, Inc., regarding your access and use of the Website, and supersede all prior communications or terms, whether electronic, oral or written, between you and PagerDuty, Inc. Failure by us to enforce these terms shall not be construed as a waiver. These terms and your use of the Website shall be governed by California law.