Terms of Service

These Terms of Service ("Terms") govern your use of the Unit Oncall service (the "Service") provided by G Y UNIT LIMITED LIABILITY COMPANY ("we", "us", "our", or the "Company"), a company located in Tokyo, Japan.

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1. NATURE OF THE SERVICE

Unit Oncall (the "Service") is provided as a monitoring support tool. It is designed to assist in the notification process for system alerts and is NOT a fail-safe or primary emergency communication system. The Service is intended to be used as one of multiple layers in your system administration and incident response strategy.

By accessing or using the Service, you agree to be bound by these Terms, our Privacy Policy, and our Acceptable Use Policy, each of which is incorporated herein by reference.

The Service includes AI-assisted summarization features designed to process and reformat alert data for better readability. You acknowledge that this is an assistive tool and not a substitute for human judgment.

If you are a resident of California, you may have the right to opt-out of certain automated processing as described in our Privacy Policy.

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2. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

⚠️ THIS SECTION IS CRITICAL. PLEASE READ CAREFULLY.

No Guarantee of Notification

You acknowledge and agree that the delivery of notifications (including VoIP calls, SMS, and push notifications) may fail at any time due to factors beyond our control. We do not guarantee that every alert will be successfully delivered.

Support Tool Status

You are solely responsible for maintaining your own backup systems and manual monitoring processes. You shall not rely exclusively on the Service for the operation of your business or critical systems.

Limitation of Liability

To the maximum extent permitted by applicable law (including the CCPA for California residents), the Company shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to: loss of profits, loss of data, system downtime, or any other business interruption resulting from the failure of the Service to deliver a notification, even if we have been advised of the possibility of such damages.

Cap on Liability

In any event, our total liability to you for all claims shall not exceed the amount paid by you to us for the Service during the twelve (12) months immediately preceding the event giving rise to the claim.

AI Accuracy

You acknowledge that the AI-generated summaries may occasionally be inaccurate, incomplete, or misleading ("hallucinations"). We do not guarantee the accuracy or reliability of any information processed by AI. You must always verify the original alert data before taking action.

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3. TECHNICAL REQUIREMENTS AND NETWORK CONDITIONS (VoIP)

User Responsibility

The Service utilizes VoIP technology, which requires a high-speed, stable, and low-latency internet connection. You are solely responsible for providing and maintaining the necessary communication environment.

Impact of Network Quality

You acknowledge that VoIP performance is highly sensitive to network conditions. Factors such as latency, jitter, and packet loss can cause call degradation, audio delay, or total failure of notification delivery.

Disclaimer for Connectivity Issues

We shall not be liable for any failure or delay in notification delivery resulting from your internet service provider (ISP), mobile carrier, firewalls, or any other network-related configurations on your end.

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4. PAYMENT AND BILLING

Third-Party Processor

We utilize Stripe Managed Payments (provided by Stripe, Inc., a Delaware corporation) as our payment processor and Merchant of Record (MoR) in the jurisdictions where Stripe Managed Payments is offered. By subscribing to the Service, you agree to Stripe's Services Agreement and Privacy Policy.

No Card Data Storage

Merchant of Record and Responsibilities

For transactions processed in the jurisdictions where Stripe Managed Payments is offered, Stripe, Inc. acts as the Merchant of Record (MoR) through its Stripe Managed Payments offering.

• Stripe's Role: As MoR, Stripe is responsible for processing card and other payment instruments, issuing invoices and receipts, handling chargebacks and refunds, calculating, collecting, and remitting applicable sales taxes, VAT, and GST (Stripe Tax provides the underlying calculation engine), and applying intelligent payment retries (Smart Retries) for failed charges. Payment-related inquiries should primarily be directed through our billing support interface, which coordinates with Stripe as needed.
• Our Role: We (G Y UNIT LIMITED LIABILITY COMPANY) are the provider of the Service and remain responsible for delivering the Unit Oncall service itself, technical support, customer service inquiries (including billing questions routed through our support interface), and ensuring the software functions as described.

Overdue Amounts

Fees are due in accordance with the plan you select and the billing terms presented to you at the time of purchase. If an amount due for the Service remains unpaid after it becomes due — including where a payment method on file is declined and the amount is not settled — we may suspend or terminate the Service as described in §9 (Suspension and Termination). Suspension or termination for non-payment does not relieve you of the obligation to pay amounts that accrued before it.

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5. ELIGIBILITY AND AGE RESTRICTIONS

By accessing or using the Service, you represent and warrant that you are at least sixteen (16) years of age and have the legal capacity to enter into a binding agreement. If you are under the age of 16, you are not permitted to use the Service.

You also represent and warrant that you have the financial authority and capacity to pay for any fees incurred through your use of the Service.

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6. REGIONAL RESTRICTIONS AND DATA TRANSFER

Target Audience

The Service is primarily intended for residents of the United States, Canada, and Japan.

EU/EEA Exclusion

⚠️ The Service is currently NOT intended for residents of the European Union (EU) or the European Economic Area (EEA). By using this Service, you represent and warrant that you are not a resident of the EU or EEA.

Data Transfer Consent

By using the Service, you expressly consent to the transfer of your personal data to, and the processing of your data in, the United States. You acknowledge that data protection laws in the United States may differ from those in your country of residence, including Canada.

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7. PROHIBITION OF EMERGENCY USE

⚠️ The Service cannot be used to contact emergency services (e.g., 911, 119). You shall not use the Service for any application where failure of the Service could lead to death, personal injury, or severe physical damage.

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8. ACCEPTABLE USE

Your use of the Service is subject to our Acceptable Use Policy (the "AUP"), available at https://unit-oncall.com/aup/, which is incorporated into these Terms by reference. The AUP describes the activities that are prohibited on the Service and the measures we may take when a violation occurs.

You are responsible for ensuring that your use of the Service, and the use of the Service by anyone acting under your authority — including members of your organization, users you invite, and any AI agent you configure to act on your behalf — complies with the AUP, with these Terms, and with applicable law.

In the event of any conflict between the AUP and these Terms, the AUP governs with respect to the acceptable use of the Service.

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9. SUSPENSION AND TERMINATION

Termination by You

You may cancel your subscription at any time through the Service. Unless we state otherwise at the time of cancellation, cancellation takes effect at the end of the billing period then in progress, and the Service remains available to you until that time. Fees already paid for that period are not refunded on cancellation.

Suspension or Termination by Us

We may suspend or terminate your access to the Service, in whole or in part — including access to specific features, sessions, or resources — where:

• Non-payment: an amount due for the Service remains unpaid after it becomes due, as described in §4 (Overdue Amounts);
• Breach: you, or a person or AI agent acting under your authority, breach these Terms or the AUP;
• Unlawful use: we reasonably believe that the use of the Service violates applicable law or exposes us or a third party to legal liability;
• Risk of harm: we reasonably believe that continued access presents a risk of material harm to the Service, to another customer, or to a third party;
• Legal requirement: we are required to do so by applicable law or by a competent court or authority;
• Eligibility: you no longer meet the requirements of §5 (Eligibility and Age Restrictions), or a representation you made under these Terms proves to be untrue in a material respect.

The measure we take will be proportionate to the severity, duration, and impact of the circumstances, and may take any of the forms described in §4.2 of the AUP.

Notice and Opportunity to Cure

Except in the circumstances described under Immediate Suspension below, we will give you notice of the circumstances we rely on and a reasonable opportunity to cure them before terminating your access. Where the circumstance is non-payment, paying the outstanding amount within the period stated in the notice cures it. Where the circumstance is a violation of the AUP, the notice and cure provisions of the AUP apply.

Immediate Suspension

⚠️ Where we reasonably believe that the circumstances present an imminent risk of material harm — including an active attack on a third party, active exfiltration of data, or active compromise of the Service or of another customer — we may suspend access immediately and without prior notice. We will give notice as soon as reasonably practicable after doing so.

Effect of Suspension or Termination

While a suspension is in effect, and after termination takes effect, the affected part of the Service is unavailable to you.

⚠️ Alert notifications and on-call escalation do NOT operate for a suspended or terminated organization. You remain responsible for monitoring your systems by other means, as described in §2 (Support Tool Status).

Amounts that accrued before a suspension or termination remain payable. Termination by us under this section does not entitle you to a refund of fees already paid, except where a refund is required by applicable law.

Data Following Termination

Termination does not delete your data immediately. After termination takes effect, the data associated with your organization is retained for a limited period, during which the Service is not available to you, and is then deleted. Deletion is carried out in accordance with our Privacy Policy, except where retention is required by applicable law. You may ask us to delete personal data sooner, as described in the "Your Rights" section of our Privacy Policy.

Survival

§2 (Disclaimer of Warranties and Limitation of Liability), §4 in respect of amounts that accrued before termination, this §9, §11 (Governing Law and Jurisdiction), and §12 (Controlling Language) survive termination of these Terms, together with any other provision that by its nature is intended to survive.

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10. CHANGES TO THESE TERMS AND OUR POLICIES

We may update these Terms, the Privacy Policy, and the AUP from time to time to reflect changes in the Service, in applicable law, or in the categories of misuse that we observe in practice. Each document states its version and effective date.

Where we make a material change, we will give notice before the change takes effect, by posting the updated document on unit-oncall.com together with notice within the Service, by email to the address associated with your account, or both. Your continued use of the Service after the effective date of an update constitutes acceptance of the updated document.

Where we ask you to accept an updated version of these Terms in order to continue using the Service and you do not accept it, you may cancel as described in §9 (Termination by You).

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11. GOVERNING LAW AND JURISDICTION

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law principles.

Exclusive Jurisdiction

Any and all disputes, claims, or controversies arising out of or relating to these Terms or the Service shall be brought exclusively in the Tokyo District Court as the court of first instance. You hereby consent to the exclusive jurisdiction of such court and waive any objection as to inconvenient forum.

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12. CONTROLLING LANGUAGE

These Terms are drafted in the English language. In the event of any discrepancy between the English version of these Terms and any translation, the English version shall prevail and be controlling.