Terms of Service

Last updated: December 23, 2025

These Terms of Service set out the terms and conditions upon which you may use the service made available by API Hero Ltd (trading as Trigger.dev) through www.trigger.dev.

By signing up to or using the Trigger.dev Service, you agree to and accept these Terms of Service. Please read these Terms of Service carefully and make sure you understand and agree to them before using the Trigger.dev Service. If you have any questions relating to these Terms of Service please contact us at [email protected].

IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, PLEASE DO NOT USE THE TRIGGER.DEV SERVICE.

1. Information about Trigger.dev

1.1. The Trigger.dev Service is provided by API Hero Ltd, a company incorporated and registered in England and Wales under company number 14441978 whose registered office is at 3rd Floor, 1 Ashley Road, Altrincham, Cheshire, United Kingdom, WA14 2DT, VAT number is 437608871.

1.2. Trigger.dev provides: (a) an open source SDK and platform that allows developers to write 'workflows' in code to automate tasks; (b) a managed service for executing customer-provided code in secure, isolated containers.

2. Interpretation

In these Terms of Service, save where the context requires otherwise, the following words and expressions have the following meaning:

• "Account" means the Customer's account on the Trigger.dev Service;
• "Agreement" means the agreement between the Customer and Trigger.dev for the provision of the Trigger.dev Service comprising these Terms of Service and any terms in the Trigger.dev Service Plan;
• "AI" means machine-based software or a machine-based system that operates with varying autonomy, can adapt after deployment, and uses input to infer how to produce outputs;
• "Billing Period" means the billing period for the Service Fees as set out in the applicable Trigger.dev Service Plan;
• "Cloud Trigger.dev Platform" means the Trigger.dev Service made available to the Customer as a cloud-based service accessible through the Website;
• "Commencement Date" means the date the Customer creates an Account;
• "Confidential Information" means information which is identified as confidential or proprietary by either party or by the nature of which is clearly confidential or proprietary;
• "Customer" means the person or organisation identified as the "Customer" in the Account;
• "Customer Data" means any content, data, information, or materials transferred to Trigger.dev or otherwise processed by the Customer using the Trigger.dev Platform for the purpose of the Customer's and its Users' use of the Trigger.dev Service;
• "Data Processing Agreement" means the additional agreement relating to the processing of Relevant Personal Data in connection with the Trigger.dev Service set out on the Website and available here: Data Processing Agreement;
• "Data Protection Laws" means any and all applicable law relating to the protection of personal data and privacy in force from time to time, including (i) the General Data Protection Regulation ((EU) 2016/679) (the "GDPR"); (ii) the GDPR as it forms part of the law of England and Wales by virtue of the European Union (Withdrawal) Act 2018 (the "UK GDPR"), (iii) the Data Protection Act 2018; (iv) the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and, (v) the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended; in each case together with all laws implementing, replacing or supplementing the same and any other applicable data protection or privacy laws. Terms such as "controller", "personal data", "data protection impact assessment", "data subject", "process/processing" and "processor" shall have the same meaning ascribed to them in Data Protection Laws;
• "Initial Term" means the subscription period set out in the applicable Trigger.dev Service Plan, or in the absence of any such period in the Trigger.dev Service Plan, the period of one (1) month, in each case commencing on the Commencement Date;
• "Intellectual Property Rights" means copyright, database right, domain names, patents, registered and unregistered design rights, registered and unregistered trade marks (including, where applicable the Trade Marks) and all other industrial, commercial or intellectual property rights;
• "Tasks" means a predefined set of instructions or rules that control the execution and scheduling of batch applications or background processes within a computer system or software application;
• "Local Trigger.dev Platform" means a version of the Trigger.dev Service installed locally on the Customer's own cloud infrastructure;
• "Malware" means any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience (including all viruses, worms, trojan horses, spyware, logic bombs and similar files, scripts, agents, things or devices);
• "Overage Fees" means the volume based charges (if any) set out in the applicable Trigger.dev Service Plan which are payable by the Customer where the Customer's and its User's use of the Trigger.dev Service exceeds the Use Allowance;
• "Privacy Policy" means Trigger.dev's Privacy Policy;
• "Relevant Personal Data" means the personal data described in the Data Processing Agreement;
• "Renewal Term" means either the period of time described as such in the applicable Trigger.dev Service Plan, or in the absence of any such description, a period of time equal to the Initial Term, in each case commencing on the expiry of the Initial Term or the immediately preceding Renewal Term (as appropriate);
• "Service Fees" means the fees (if any) payable in respect of the provision of the Trigger.dev Service, according to the applicable Trigger.dev Service Plan;
• "Sign Up Process" means the process (whether electronic or otherwise) by which the Customer signs up to use the Trigger.dev Service and, which amongst other things, identifies the Customer and the applicable Trigger.dev Service Plan;
• "Term" means the Initial Term and successive Renewal Terms;
• "Terms of Service" means these terms and conditions of service as amended from time to time;
• "Trigger.dev Platform" means, as the case may be, either the Cloud Trigger.dev Platform or the Local Trigger.dev Platform, in each case in the form made available by Trigger.dev from time to time;
• "Trigger.dev Service" means access to the open source workflow platform Trigger.dev makes available either through the Cloud Trigger.dev Platform or by permitting Customer to run a Local Trigger.dev Platform;
• "Trigger.dev Service Plan" means the service plan relating to the Trigger.dev Service which (amongst other things) sets out the applicable Service Fees, Usage Limits, and Term, and which shall be (i) available on the Website from time to time, or (ii) as agreed with the Customer in such form as Trigger.dev may require;
• "Use Allowance" means the limitations on the permitted use of the Trigger.dev Service by the Customer and its Users set out in the applicable Trigger.dev Service Plan;
• "User" means any person authorised by the Customer to access the Trigger.dev Service on behalf of the Customer; and
• "Website" means www.trigger.dev and any subdomains.

References to: words and phrases that are defined in applicable law or regulations shall have the meaning in such applicable law or regulations; a statutory provision includes a reference to any modification, consolidation, or re-enactment of the provision from time to time in force, and all subordinate instruments, orders or regulations made under it; includes or including shall be construed as without limiting the generality of the preceding words; any document (including these Terms of Service) or a provision of them shall be construed as a reference to that document or provision as amended from time to time by agreement between the parties in accordance with these Terms of Service; writing includes any method of reproducing words in a legible and non-transitory form, including e-mail; rights include the rights and remedies of the party in question; the singular includes the plural and vice versa; and the headings are for convenience only, and do not affect the interpretation of these Terms of Service.

3. Creating an account

3.1. To use certain features and functionalities of the Trigger.dev Service, the Customer must first register and create an Account.

3.2. The Customer is able to create an account either by using their email address or by logging in with available OAuth providers, like GitHub.

3.3. If the Customer is a legal entity (rather than an individual), the individual creating the Account on the Customer's behalf must have the necessary authority, power and right to fully bind the Customer.

3.4. The Customer must promptly update the Customer's Account information in the event of any changes to this information.

3.5. Trigger.dev reserves the right to suspend or terminate the Customer's Account and access to the Trigger.dev Service if any information provided proves not to be accurate or current.

3.6. All Users of the Trigger.dev Service must be over the age of 18.

4. Duration

4.1. The Agreement shall start on the Commencement Date and continue for the Term unless terminated earlier.

5. Access to the Trigger.dev service

5.1. Trigger.dev grants the Customer a non-exclusive, non-transferable, personal and non sub-licensable licence to permit Users to use the Trigger.dev Service as permitted by the functionality of the Trigger.dev Service.

5.2. The Customer must treat any login details used to access the Trigger.dev Service or the Customer's Account as Confidential Information, and it must not disclose it to any third party (other than to Users).

5.3. In relation to Users, Customer shall procure that each User keeps secure and confidential any log-in details provided to them for the User's use of the Trigger.dev Service and shall not disclose such login details to any third party including any other Users.

5.4. The Customer shall procure that each of its Users has its own login details and will ensure that such login details are not shared.

5.5. Trigger.dev may disable any login details, at any time and at Trigger.dev's sole discretion, if a User or the Customer has failed to comply with any of the provisions of the Agreement.

5.6. The Customer is responsible for maintaining the confidentiality of login details for its Account and any activities that occur under its Account including the activities of Users. If the Customer has any concerns about the login details for its Account or thinks they have been misused, please contact Trigger.dev at [email protected].

5.7. The Customer must take reasonable precautions to prevent any unauthorised access to, or use of, the Trigger.dev Service and, in the event of any such unauthorised access or use, promptly notify Trigger.dev.

5.8. The Customer recognises that Trigger.dev is always innovating and finding ways to improve the Trigger.dev Service with new features and services. Therefore, the Customer agrees that the Trigger.dev Service may change from time to time and no warranty, representation or other commitment is given in relation to the continuity of any functionality of the Trigger.dev Service.

5.9. The Customer shall indemnify and defend Trigger.dev, its agents and contractors from and against any and all losses, damages, claims, liabilities or expenses (including reasonable lawyer's fees) arising out of a claim brought by a third party relating to the Customer's use of the Trigger.dev Service (except to the extent caused by Trigger.dev's negligence).

5.10. If the Customer has subscribed to the Trigger.dev Service using the Sign Up Process on the Website, the Customer may, using the functionality within the Trigger.dev Platform, change to a different Trigger.dev Service Plan at any time during the Term (a "Service Plan Change") and where the Customer elects to do so, the Service Plan Change will take effect:

• 5.10.1. when moving from a paid Trigger.dev Service Plan to a free of charge Trigger.dev Service Plan, on expiry of the then current Billing Period; or

• 5.10.2. except where 5.10.1 applies, immediately.

  5.11. If, when making a Service Plan Change, the Customer chooses to downgrade the Trigger.dev Service Plan it has previously selected, the Customer acknowledges that this may result in the loss of certain Customer Data and certain elements of the Trigger.dev Service and Trigger.dev shall not be liable for any such loss.

6. Trigger.dev Cloud

6.1. By using the Trigger.dev Service through the Cloud Trigger.dev Platform, the Customer acknowledges and agrees that when a Task is run, the Trigger.dev Service will receive any associated data that the User passes through to Trigger.dev's API.

7. Local Trigger.dev Platform

7.1. It is possible to deploy the Trigger.dev Service locally within the Customer's cloud environment (the "Environment").

7.2. Trigger.dev does not guarantee that the Trigger.dev Service will be compatible with the Environment.

7.3. In order to host the Trigger.dev Service locally, the Customer must first complete the self-hosting instructions, which can be found in our documentation, at https://trigger.dev/docs.

7.4. The Customer acknowledges and agrees that Trigger.dev shall not be obliged to provide the Trigger.dev Service via the Environment if the Customer fails to complete the instructions to which clause 7.3 refers.

8. APIs

8.1. The Customer may access Customer Data via Trigger.dev's API (Application Program Interface).

8.2. The Customer acknowledges that abuse or excessively frequent requests to the Trigger.dev Service via the API may result in the temporary or permanent suspension of the Customer's access to the API.

8.3. Trigger.dev, in its sole discretion, will determine abuse or excessive usage of the API.

8.4. Trigger.dev will make a reasonable attempt via email to warn the Customer prior to suspension.

8.5. The Customer may use Trigger.dev's API or SDKs to connect with third-party services or platforms. Trigger.dev is not responsible for the operation, availability, or performance of any such third-party services or their interactions with the Trigger.dev Service.

8.6. The Customer is solely responsible for any consequences arising from their use of such connections or integrations, except where such consequences arise directly from Trigger.dev's negligence.

9. Customer obligations

9.1. Trigger.dev may monitor the Customer's use of the Trigger.dev Service to ensure quality, improve the Trigger.dev Service, and verify the Customer's compliance with the Agreement.

9.2. The Customer:

• 9.2.1. must comply with all applicable laws and regulations with respect to its use of the Trigger.dev Service and its activities under the Agreement;

• 9.2.2. must use and ensure its Users use the Trigger.dev Service in accordance with the terms of the Agreement and shall be responsible for any actions and omissions in connection with the use of the Trigger.dev Service by any Users;

• 9.2.3. must obtain and shall maintain all necessary licences, consents, and permissions necessary for Trigger.dev to perform its obligations to the Customer under the terms of the Agreement;

• 9.2.4. must ensure that its network and systems, including the internet browser used, comply with any relevant specifications provided by Trigger.dev from time to time;

• 9.2.5. is solely responsible for procuring and maintaining its network connections and telecommunications links from its systems in order to access and use the Trigger.dev Service;

• 9.2.6. must not modify another website so as to falsely imply that it is associated with the Trigger.dev Service, any of Trigger.dev's other services or Trigger.dev or its affiliates;

• 9.2.7. must not carry out any penetration testing or automated or manual vulnerability scans (or similar security testing) in relation to the Trigger.dev Service without first having obtained the prior written authorisation of Trigger.dev; and

• 9.2.8. must not use the Trigger.dev Service: (a) to access, store, distribute or transmit or prepare for distribution or transmission any Malware; (b) to access, store, distribute or transmit or prepare for distribution or transmission any material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or which infringes or misappropriates the rights of any person; (c) in a manner that is illegal or causes damage or injury to any person or property; (d) to infringe any copyright, database right or trademark of any person; (e) to transmit, send, prepare for transmission or prepare for sending any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation ('spam'); or (f) to interfere with or attempt to interfere with or compromise the Trigger.dev Service integrity or security.

  9.3. The Customer agrees that failure to comply with this clause 9 constitutes a material breach of the Agreement, and may result in Trigger.dev taking all or any of the following actions:

• 9.3.1. immediate, temporary or permanent withdrawal of any rights to use the Trigger.dev Service;

• 9.3.2. removing any violating Customer Data;

• 9.3.3. the issuing of a warning;

• 9.3.4. legal action against the Customer including proceedings for reimbursement of all costs and expenses (including, but not limited to, reasonable administrative and legal costs) incurred by us resulting from the breach; or

• 9.3.5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

  9.4. The Customer acknowledges that it is responsible for all Customer Data distributed or transmitted under its Account (including by its Users).

  9.5. The Customer acknowledges that the responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.

10. Important note on intellectual property rights

10.1. Trigger.dev is the owner of or the licensee of all Intellectual Property Rights in the Trigger.dev Service. These works may be protected by copyright and other laws and treaties around the world. All such rights are reserved.

10.2. Certain parts of the Trigger.dev Service may be subject to an open source licence, the applicable open source licences are detailed on GitHub. The Customer will not, when using the Trigger.dev Service, except as may be allowed by any applicable law or open source licence which is incapable of exclusion by Trigger.dev and to the extent expressly permitted under these Terms of Service:

• 10.2.1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Trigger.dev Service in any form or media or by any means;

• 10.2.2. attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Trigger.dev Service; or

• 10.2.3. access all or any part of the Trigger.dev Service in order to build a product or service which competes with the Trigger.dev Service or use or attempt to use the Trigger.dev Service to directly compete with Trigger.dev.

  10.3. The Customer grants Trigger.dev a licence to access, download and use the Customer Data for the purpose of analysing the Customer Data in accordance with the Trigger.dev Service functionality, displaying the results of such analysis to Users, developing, testing, improving and altering the functionality or performance of the Trigger.dev Service, and producing anonymised or anonymised and aggregated statistical reports and research. Otherwise, Trigger.dev claims no rights in the Customer Data. The Customer shall maintain a backup of Customer Data and Trigger.dev shall not be responsible or liable for the deletion, correction, alteration, destruction, damage, loss, disclosure or failure to store any Customer Data.

  10.4. As between the parties any and all Intellectual Property Rights subsisting in any derivative work or improvements made to the Trigger.dev Service by Customer, whether on Cloud Trigger.dev Platform or Local Trigger.dev Platform will, on creation, vest and remain vested in Trigger.dev (or its relevant licensors) and to the extent that any rights in such materials and data vest in Customer by operation of law, Customer hereby assigns such rights to Trigger.dev with full title guarantee by way of present and future assignment, free of any charge, lien, or royalty except to the extent the Customer is unable to do so due to the provisions of any open source licence relating to an element or elements of such derivative works or improvements.

11. Publicity

11.1. Trigger.dev may use the Customer's name, logo and related trade marks in any of Trigger.dev's publicity or marketing materials (whether in printed or electronic form) for the purpose of highlighting that the Customer uses the Trigger.dev Service and alongside any testimonials that the Customer has agreed to give.

11.2. The Customer may request Trigger.dev to stop using the Customer's name, logo and related trademarks at any time by contacting Trigger.dev in writing at [email protected].

12. Data protection

12.1. Each party shall comply with Data Protection Laws.

12.2. If any of the Customer Data contains Relevant Personal Data, the parties acknowledge that: (i) the processing of such Relevant Personal Data by the Customer shall be as controller and by Trigger.dev as the Customer's processor, and (ii) the parties will process such Relevant Personal Data in accordance with the Data Processing Agreement.

12.3. For more information on the personal data that Trigger.dev processes as controller, please see the Trigger.dev Privacy Policy.

13. Confidential information

13.1. Each party may be given access to Confidential Information from the other party in order to perform its obligations under the Agreement. A party's Confidential Information shall not be deemed to include information that:

• 13.1.1. is or becomes publicly known other than through any act or omission of the receiving party;

• 13.1.2. was in the other party's lawful possession before the disclosure;

• 13.1.3. is lawfully disclosed to the receiving party by a third party without restriction on disclosure;

• 13.1.4. is independently developed by the receiving party, which independent development can be shown by written evidence; or

• 13.1.5. is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

  13.2. Each party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available for use for any purpose other than as needed to perform the terms of the Agreement.

  13.3. Each party shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by it or its employees or agents in violation of the terms of the Agreement.

  13.4. Each party shall take a back-up of its own Confidential Information and shall not be responsible to the other for any loss, destruction, alteration or disclosure of Confidential Information.

14. Price and payment

14.1. The Customer will pay the Service Fees in accordance with the Trigger.dev Service Plan, the Billing Period, and this clause 14.

14.2. If the applicable Trigger.dev Service Plan refers to:

• 14.2.1. any Use Allowance, the Service Fees are linked to that Use Allowance; and

• 14.2.2. Overage Fees, the Service Fees will be deemed to include the applicable Overage Fees relating to the Customer's and its User's use of the Trigger.dev Service in excess of the Use Allowance.

  14.3. The Service Fees shall be payable in accordance with the Billing Period.

  14.4. Unless the Commencement Date falls on the first day of the then-current month, where the Billing Period is monthly, the Service Fees (excluding Overage Fees) for the first Billing Period will be reduced on a pro-rated basis to reflect the number of days remaining in the then-current Billing Period and shall thereafter be payable in full in each further Billing Period.

  14.5. Unless the applicable Trigger.dev Service Plan states otherwise, the Service Fees for each Billing Period are due and payable in advance save that any Overage Fees will be due and payable in arrears upon expiry of the Billing Period in which they accrued.

  14.6. The Customer agrees that the Service Fees (including any Overage Fees) are non-refundable except where this clause 14 provides otherwise.

  14.7. The Customer shall pay the Service Fees by card payment or, if agreed in advance with Trigger.dev (including in the applicable Trigger.dev Service Plan), by bank transfer within 7 days after receipt of an invoice from Trigger.dev.

  14.8. If the Customer makes a Service Plan Change, upon the Service Plan Change taking effect (according to clause 5.10):

• 14.8.1. unless the Service Plan Change takes effect on the first day of the then-current month, the Service Fees relating to the newly applicable Trigger.dev Service Plan for the then-current Billing Period will be reduced on a pro-rated basis to reflect the number of days remaining in that Billing Period and shall thereafter be payable in full in each further Billing Period.

  14.9. Trigger.dev does not collect or store any of the Customer's payment information. Payment of the Service Fees may be managed by a third-party payment provider, in which case the Customer may have to accept the terms and conditions of relevant third party payment processor used by Customer to make payment.

  14.10. If Trigger.dev has not received payment within 14 days after the due date, and without prejudice to any other rights and remedies available to Trigger.dev:

• 14.10.1. Trigger.dev may, without liability to the Customer, suspend or temporarily disable all or part of its access to the Trigger.dev Service and Trigger.dev shall be under no obligation to provide any access to the Trigger.dev Service while the invoice(s) concerned remain unpaid; and

• 14.10.2. interest shall accrue on such due amounts at an annual rate equal to 3% over the then current base lending rate of Barclays Bank PLC at the date the relevant invoice was issued, commencing on the due date and continuing until fully paid, whether before or after judgment.

  14.11. All amounts and fees stated or referred to in the Agreement:

• 14.11.1. are payable in the currency specified as stipulated by Trigger.dev; and

• 14.11.2. are exclusive of value added tax ("VAT") or any other applicable taxes, levies or duties imposed by taxing authorities (excluding only United States federal or state taxes), unless otherwise expressly stated, which shall be paid at the same time as payment of the Service Fees. Trigger.dev shall send the Customer a VAT invoice if Trigger.dev is requested to do so.

  14.12. Unless otherwise agreed in writing, Trigger.dev may increase the Service Fees upon 30 days' notice in writing to the Customer, such increase to take effect from the start date of the next applicable Billing Period.

15. Service levels and support

15.1. Where the Customer has paid for access to the Trigger.dev Service, we will use commercially reasonable endeavours to make the Trigger.dev Service available with an uptime rate of 99%, except for:

• 15.1.1. planned maintenance for which 24 hours' notice will be given; or

• 15.1.2. unscheduled maintenance during normal business hours (UK time) or otherwise, for which we will use reasonable endeavours to give the Customer advance notice.

  15.2. Where the Customer has paid for access to the Trigger.dev Service, Trigger.dev will, as part of the Trigger.dev Service, use reasonable endeavours to provide a level of support that is appropriate to the nature of any issues requiring support during normal business hours (UK time). The Customer can access such support through the following means:

• 15.2.1. email: [email protected];

• 15.2.2. in-app messenger service;

• 15.2.3. community support: Discord; and

• 15.2.4. for Customers with priority support as part of their Trigger.dev Service Plan, Slack messenger service.

  15.3. Trigger.dev may rely on the use of AI to provide some or all of the support referred to in this clause 15 and that, where support is provided by or through the provision of AI, the Customer acknowledges and agrees that the results provided to the Customer by AI (the "Output") may not be accurate as the AI used to generate the Outputs generates results based on probabilities derived from patterns in the data on which they were trained. As such, if the Customer is unsure about the accuracy of an Output, the Customer should speak to the Trigger.dev support team. Otherwise, reliance on such Outputs is entirely at the Customer's own risk.

  15.4. Support for Customers using the Trigger.dev Service for free will be provided entirely at Trigger.dev's option and discretion.

  15.5. The Customer acknowledges that elements of the Trigger.dev Service are dependent on access to various third party services and APIs. The Customer agrees that Trigger.dev is not responsible for the non-availability or interruption to the Trigger.dev Service caused by any such non-availability of any such third party services or APIs.

16. Suspension and termination

16.1. If the Customer has subscribed to the Trigger.dev Service using the Sign Up Process on the Website, the Customer may terminate the Agreement at any time via the settings in the Customer's Account and such termination shall take effect at the end of the then-current Billing Period.

16.2. If the Customer fails to pay any sum due to Trigger.dev and such sum remains outstanding for a further 14 days following notice requiring such sum to be paid, Trigger.dev may terminate the Agreement with the Customer immediately by notice and without any liability for Trigger.dev to the Customer.

16.3. Trigger.dev may terminate the Agreement with effect from expiry of the notice by giving not less than 30 days' notice in writing to the Customer.

16.4. Trigger.dev may terminate the Agreement by notice with immediate effect, or such notice as Trigger.dev may elect to give, if the Customer:

• 16.4.1. is in breach of applicable law; or

• 16.4.2. infringes Trigger.dev's Intellectual Property Rights in the Trigger.dev Service.

  16.5. Either party may terminate the Agreement at any time on written notice to the other if the other:

• 16.5.1. is in material or persistent breach of any of the terms of the Agreement and either that breach is incapable of remedy, or the other party fails to remedy that breach within 30 days after receiving written notice requiring it to remedy that breach; or

• 16.5.2. is unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986), or becomes insolvent, or is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction), or has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets, or enters into or proposes any composition or arrangement with its creditors generally, or is subject to any analogous event or proceeding in any applicable jurisdiction.

  16.6. On termination of the Agreement for any reason all licences granted under the Agreement shall immediately terminate and the Customer's right to access and use the Trigger.dev Service will end.

  16.7. Upon termination of the Agreement, the Customer may request that any Customer Data is actively deleted, passively deleted or parked in accordance with Trigger.dev's Data Deletion Policy. If the Customer fails to make such an election, Customer Data will be subject to passive deletion and Trigger.dev shall not be held responsible for the deletion of such Customer Data.

  16.8. The accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination shall not be affected or prejudiced.

17. Limited warranty

17.1. Trigger.dev undertakes to support the Trigger.dev Service as specified in clause 15 with reasonable skill and care. Otherwise, the Trigger.dev Service is provided on an "AS IS" basis and Trigger.dev gives no representations, warranties, conditions or other terms of any kind in respect of the Trigger.dev Service, whether express or implied, including, but not limited to, warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement.

17.2. Except as expressly and specifically provided for in the Agreement:

• 17.2.1. the Customer assumes sole responsibility for any results obtained from the use of the Trigger.dev Service and for any decisions or actions taken arising from such use and it relies on the results obtained from the Trigger.dev Service at its own risk;
• 17.2.2. all representations, warranties, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement; and
• 17.2.3. Trigger.dev will not be responsible for any interruptions, delays, failures or non-availability affecting the Trigger.dev Service or the performance of the Trigger.dev Service which are caused by third party services (such as the Integrations) or errors or bugs in software, hardware or the internet on which Trigger.dev relies to provide the Trigger.dev Service and the Customer acknowledges that Trigger.dev does not control such third party services and that such errors and bugs are inherent in the use of such software, hardware and the Internet.

18. Trigger.dev's liability

18.1. Subject to clause 18.2, Trigger.dev will not be liable for losses that result from Trigger.dev's failure to comply with the Agreement, in tort (including unless expressly stated otherwise negligence) or otherwise in conditions that fall into the following categories: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss of data; waste of management or office time; or any indirect, consequential or special damages, costs or expenses.

18.2. Nothing in the Agreement excludes or limits Trigger.dev's liability for death or personal injury caused by Trigger.dev's negligence or for fraud or fraudulent misrepresentation.

18.3. Trigger.dev's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Agreement shall in all circumstances be limited to the Service Fees paid by the Customer in the 6 months prior to the event giving rise to the claim or, where no Service Fees are payable (e.g. if the Customer is using a free of charge Trigger.dev Service Plan), £1.

19. Written communications

19.1. Applicable laws may require that some of the information or communications Trigger.dev sends to the Customer should be in writing. When using the Trigger.dev Service, the Customer accepts that communication with Trigger.dev will be mainly electronic.

19.2. Trigger.dev will contact the Customer by e-mail or provide the Customer with information by posting notices on the Trigger.dev Service.

19.3. For contractual purposes, the Customer agrees to this electronic means of communication and the Customer acknowledges that all contracts, notices, information and other communications that Trigger.dev provides to the Customer electronically comply with any legal requirement that such communications be in writing.

20. Notices

20.1. All notices given by the Customer to Trigger.dev must be given to [email protected]. Trigger.dev may give notice to the Customer by posting on the Trigger.dev Service, at the e-mail or postal address the Customer provides to Trigger.dev, or in any other way Trigger.dev deems appropriate. Notice will be deemed received and properly served immediately when posted on the Trigger.dev Service or 24 hours after an e-mail is sent or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

21. Transfer of rights and obligations

21.1. The Customer may not transfer, assign, charge or otherwise deal in the Agreement, or any of the Customer's rights or obligations arising under the Agreement, without Trigger.dev's prior written consent.

22. Events outside Trigger.dev's control

22.1. No party shall be liable to the other for any delay or non-performance of its obligations under the Agreement arising from any cause beyond its control including, without limitation, any of the following: telecommunications failure, pandemic, internet failure, act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in this clause 22 shall excuse the Customer from any payment obligations under the Agreement.

23. Waiver

23.1. No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.

24. Severability

24.1. If any provision of the Agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

25. Trigger.dev's right to vary the terms of service

25.1. Trigger.dev has the right to revise and amend these Terms of Service from time to time to reflect changes in market conditions affecting Trigger.dev's business. The most current Terms of Service will always be available at trigger.dev/legal.

25.2. The Customer will be subject to the Terms of Service in force at the time that it makes use of the Trigger.dev Service, or if Trigger.dev notifies the Customer of changes to these Terms of Service and it continues to use the Trigger.dev Service the Customer will be subject to those changes.

25.3. Trigger.dev will use reasonable endeavours to notify the Customer of any material changes to these Terms of Service by email or by posting a notice on the Trigger.dev Service.

26. Entire agreement

26.1. The Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

27. Third party rights

27.1. A person who is not party to the Agreement shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

28. Law and jurisdiction

28.1. The Agreement shall be governed by and construed in accordance with the law of England and Wales and each party hereby submits to the exclusive jurisdiction of the courts of England and Wales.