ARTICLE 1. POLICY CONCERNING AGE
By agreeing to these Terms, you represent and warrant that you are the age of majority in your country of residence and recognized as being able to form legally binding contracts under the applicable law.
ARTICLE 2. ACCOUNT
You can browse the Site without creating an account, however, we may require you to create one to access certain Services. Where you create an account, you are responsible for maintaining the confidentiality of your password and registration attached to your account and are fully responsible for all activities that occur under your account. You acknowledge that the Company reserve the right to disable your account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account that, in the sole discretion of the Company, would or might cause damage to or impair the Services or infringe or violate any third-party rights, or violate any applicable laws or regulations. You also agree to immediately notify us of any unauthorized use of your account or any other breach of security. You warrant that all your information is current, complete, and accurate. You agree to promptly update your account if your information changes. You may cancel your account at any time via your account dashboard, menu “Settings” or by contacting us. Upon cancellation of your account, most of the Services become immediately inaccessible.
ARTICLE 3. SUBSCRIPTION
We offer subscription packages that require payment before they can be accessed (“Subscription”). You may find detailed information regarding different packages and pricing plans following the page. By purchasing the Subscription from the Company you agree that: - your Subscription may be automatically renewed and charged for the applicable fee; - the period of auto-renewal will be the same as your initial Subscription period unless otherwise disclosed to you by the Company; - you give us consent to disclose your payment information to a third party for processing payments. You also acknowledge that the Company can: - change fee rates for the Subscription at any time in its sole discretion and to the maximum extent permitted by applicable laws (you will receive appropriate notice about it); - store your payment information and other related information; - use a third party to process payments; - charge your credit card or bank account for all applicable fees. If we change the price for the Subscription, you will have a right to cancel the Subscription after such changes. If you don`t do it, you will be charged at Company’s then-current pricing for the Subscription. In case you cancel the Subscription, it will be active within your billing period, after the end of which it will be automatically deactivated. Please, pay attention that it is ultimately your responsibility to know the expiry date of the Subscription. All fees and charges (including for partially unused Subscription) are nonrefundable except as expressly set forth in these Terms, required by applicable law or at the Company’s sole discretion. If you initiate a chargeback or otherwise reverse a payment made with your payment method, we may terminate your account immediately at our sole discretion, on the basis that you have determined that you do not want our Subscription.
ARTICLE 4. YOUR USE OF THE SERVICES
By accessing or using our Services and Site you agree that the Services shall be used for lawful purposes only and upon registration with the Service to provide the Service with accurate and complete name and e-mail address information and to promptly update this information from time to time as needed. You acknowledge that you are responsible for obtaining all applicable consents required to enable the Company to collect information from end-users devices or browsers. You shall publish privacy policies and disclosures for the User`s Property (as defined below) that comply with applicable law and these Terms, including, but not limited to, clearly disclosing which data will be collected and how it may be used. You acknowledge and agree not to: - violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; - infringe upon or violate our intellectual property rights or the intellectual property rights of others; - harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; - submit false or misleading information; - upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related site, other sites, or the Internet; - place on the Service any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone's privacy, encourages conduct that would constitute a criminal offense or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation; - spam, phish, pharm, spider, crawl, or scrape; - use for any obscene or immoral purpose; - interfere with or circumvent the security features of the Service or the Site, other sites, or the Internet. You shall not use the Services in connection with any app or site that constitutes or promotes discrimination, racism, harassment or hate speech against any individual or group, illegal gambling, pornography, inflammatory religious content, violence, politically religious agendas or any known associations with hate, criminal or terrorist activities, pirated content or content that violates a party’s intellectual property rights, tobacco products, including e-cigarettes, firearms or ammunition, or any product that is illegal in the jurisdiction in or into which it is sold. We reserve the right to terminate your use of the Service or any related site for violating any of the prohibited uses. The User acknowledges and agrees that the Company has a right to: - change the form and nature of the Services at any time in the Company’s sole discretion without advance notice to the User, and that future versions of the Services may no longer be compatible with any User`s Property (as defined below): - stop (permanently or temporarily) providing the Services (or any features within the Services or the Site) to the User at any time in the Company’s sole discretion without prior notice to the User.
ARTICLE 5. END-USERS DATA
The User acknowledges and agrees that the Services enable the User to collect certain information from end-users, which generally helps provide developers with functionality to target and personalize notifications they send to end-users. This collected data includes mobile advertising identifiers, email address, IP address, device push token, precise location data, network information, language, time zone, product preferences, and privacy preferences. The User grants the Company a worldwide license to access and use end-users` data for the purpose of providing the Service in accordance with these Terms and to make data available to third parties as necessary to provide capabilities of our Services.
ARTICLE 6. SUBMISSIONS
If you deliver your content to the Site, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to exploit such content in any manner. The rights you grant us are only for the limited purpose of the provision, offering, and improving our Services. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secrets, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of content to this Site. You agree that your content will not contain: - elements or propaganda of violence, harassment of an individual or a group of individuals as well as materials leaning towards harassment or intimidation - libelous or otherwise unlawful, abusive or obscene material; - any computer virus or other malware that could in any way affect the operation of the Service or any related site; - materials advocating hostility, hatred and discriminatory or negligent treatment of an individual or a group of individuals based on racial, national, religious, gender differences and marital status; - description and/or propaganda of using narcotic drugs and anything connected to this topic; - photos showing alcohol, cigarettes and hookahs being consumed/used and/or featuring money and gambling; - money being offered for sexual activity; - children under the age of majority in their country of residence; - pornography; - sexually explicit content, which contains references to violence, physical or mental abuse; - offensive gestures, violence, cruelty, blood; - real or imitation weapons and/or promoting violence; - logos (other than it is permitted by these Terms and Conditions), watermarks. You agree that your content will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right; You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any content you deliver and its accuracy.
ARTICLE 7. LINKS TO THIRD-PARTY SITES
Certain links within this Site lead you to other sites. Those other sites are provided for your convenience only. The Company is not responsible for examining or evaluating the content or accuracy and the Company does not warrant and will not have any liability or responsibility for any third-party materials or sites, or for any other materials, products, or services of third parties. The Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party sites. Please review carefully the third-party's policies and practices and make sure you understand them before you use third-party sites. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
ARTICLE 9. INTELLECTUAL PROPERTY
The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, designs, illustrations, Company logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, information, data, other files and the arrangement thereof (“Materials”), and all intellectual property rights related thereto, are the exclusive property of the Company and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights of the Company. In consideration for your acceptance of these Terms and any other terms referenced on the Site, the Company grants the User a personal, limited, worldwide, term-limited, non-transferable, and non-exclusive, revocable license to use the Services within User`s applications and sites (collectively the “User`s Property”), in order to send, optimize and manage push notifications to users of its Properties, and to use other related functionality provided within the User`s Property intended for its use. The User shall only use the Services in connection with the User`s Property that it owns and operates, and shall not sell, sublicense, give, rent, loan, lease, or otherwise make the Services or its components available to any third party without the Company’s prior express written consent. Any use of the Services or Materials other than as expressly authorized in these Terms, without the prior written consent of the Company, is strictly prohibited and will violate and terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. The User acknowledges that the Company may use the name and logo of the User solely in order to designate the User as a client, for marketing purposes (e.g., on its site or email marketing materials).
ARTICLE 10. ERRORS, INACCURACIES AND OMISSIONS
We reserve the right (but we are not obliged) to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on our Site is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on our Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on our Site should be taken to indicate that all information in the Service or on our Site has been modified or updated.
ARTICLE 11. INDEMNIFICATION
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless the Company and its affiliates or related entities, whether direct or indirect, current, former or future, and its and their respective current, former or future officers, directors, employees, agents, successors and related third parties, for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Services, your violation of any provisions of these Terms or any other rules posted by us on this Site, or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
ARTICLE 12. DISCLAIMER OF WARRANTY
THE SERVICE IS DISTRIBUTED ON AN "AS IS" AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT THESE SERVICES WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, OR ERROR-FREE, THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THERE MAY BE DELAYS, OMISSIONS, AND INTERRUPTIONS IN THE AVAILABILITY OF THE SERVICES. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
ARTICLE 13. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR AFFILIATES AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS, OR OUR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER CONTRACT, IN TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE), LOST PROFIT, DATA LOSS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES INCLUDING, BUT NOT LIMITED TO, FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS TO YOU IF SUCH FAILURE OR DELAY IS CAUSED BY AN EVENT OUTSIDE OF OUR CONTROL. AN EVENT OUTSIDE OF OUR CONTROL MEANS ANY ACT OR EVENT BEYOND OUR OR THE PARTNER’S REASONABLE CONTROL SUCH AS ACT(S) OF GOD, WARS, TERRORIST ATTACKS, EMBARGOS, RIOTS, STRIKES, LOCK-OUTS, TRADE DISPUTES, FIRES, FLOODS, EARTHQUAKES OR OTHER NATURAL DISASTERS, BREAK-DOWN, INCLEMENT WEATHER, INTERRUPTION OF TRANSPORT, GOVERNMENT ACTION OR FAILURE OF PUBLIC OR PRIVATE TELECOMMUNICATIONS OR TRANSPORT NETWORKS. IN SOME STATES, IT IS NOT ALLOWED TO EXCLUDE IMPLIED WARRANTIES OR TO LIMIT OR EXCLUDE THE LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
ARTICLE 14. TERMINATION
You may terminate these Terms by ceasing to use our Services and by notifying us about your intention. If you want to cancel your Subscription you should do it during its term or the term of any renewal period. In such a case, your Subscription will be terminated at the end of the Subscription term for which you have paid. Please pay attention that you will not receive any refund for any unused days of such Subscription unless otherwise provided by applicable law or at the discretion of the Company. The Company may suspend or terminate your account or use of the Services and remove and discard any Submissions within the Service, in its sole discretion and for any reason, including, without limitation, for lack of use or if the Company believes that you have violated these Terms or any other posted rules on this Site. Upon termination of use of the Services, the license granted to the Services pursuant to Article 9 shall immediately terminate and the User shall no longer have any rights to use the Services. The Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree and acknowledge that the Company will not be liable to you or any third party for any termination of your access to the Service. The User acknowledges that the collection of data by the Services through the User`s Property on which it is already integrated, and its use for purposes set forth herein, may continue until the end-user has: - disabled or removed the Services or any application that integrates the Services from their respective devices, or - limited such data collection through settings of applicable device in a manner that is communicated to the Company. Articles 5, 9, 11-14 shall survive termination of these Terms, to the extent contemplated by their terms.
ARTICLE 15. GOVERNING LAW AND DISPUTE RESOLUTION
ARTICLE 16. MISCELLANEOUS
In case you have any questions, complaints, or claims concerning these Terms, please email us at [email protected]