Intercom

The updated Terms of Service changes the effective date, expands the Intercom entity governing customers in Brazil, adds explicit rights for Intercom to use Customer Data for AI model training, broadens the definition of anonymized data to include de-identified data, introduces service-specific credits as a new billing mechanism, adds a 30-day post-termination data access period, and carves out gross negligence, fraud, and intentional misconduct from the liability cap.

• Effective Date: Changed from April 9, 2025 to September 8, 2026.
• Intercom Entity for Brazil: The policy now appears to assign customers with a shipping address in Brazil to Intercom, Inc. (USA) rather than Intercom R&D (Ireland). New text: "if Customer's shipping address on the applicable Order Form is located in the United States of America (including its territories) or Brazil."
• API Key Sharing Restriction (Section 2.3): Added that Customer will not share API keys or passwords in contravention of the Intercom Developer Terms. New text: "provided Customer will not share, nor allow any Permitted User or other third party to use API keys or passwords assigned to Customer to access the Services in contravention of the Intercom [Developer Terms]."
• Customer Data Use for AI Training (Section 3.2): The policy now states that the right to use Customer Data includes use "for Intercom AI model training."
• De-identified Data (Section 3.4): The policy now refers to "de-identified or anonymized" data instead of just "anonymized" data, and permits Intercom to "de-identify or anonymize" Customer Data.
• Service-Specific Credits (Section 7.2 new subsection b): A new billing mechanism is introduced where usage of certain Services is measured in credits that reset monthly and do not carry forward unless otherwise agreed, with pay-as-you-go charges once credits are exhausted.
• Changes to Fee Examples (Section 7.2(a)): The phrase "any upgrades" becomes "any upgrades and/or add-ons" and the example changes from "onboarding services" to "deployment services."
• Post-Termination Data Access (Section 8.3): The policy now specifies a 30-day period: "Customer acknowledges that thirty (30) days following termination, it will have no further access to any Customer Data ..."
• Liability Cap Exception (Section 12.5): The limitation of liability now explicitly does not apply to liability caused by "a party’s gross negligence, fraud or intentional or willful misconduct."