Terms and Conditions

Last Update: December, 1st, 2019 for current customers, and upon acceptance for new customers.

webpushify.com provides services through webpushify.com (the Web Site) according to the terms and conditions set forth herein.
Please, read these terms and conditions before using our services.
By using this Web Site and related services and/or subscribing to our paying plans for sending web push notification, you agree to follow and be bound by these terms and conditions and agree to comply with all applicable laws and regulations.
You understand and agree that by using this Web Site and related services and/or subscribing to our paying plans for sending web push notification, you are at least 18 years of age and you are legally able to enter into a contract.
Please do not use this Web Site and related services, do not create an account, do not send any web push notification and do not subscribe to any paying plan, in case you disagree with these terms and conditions.

INTRODUCTION

The Web Site is a registered internet domain. We reserve all rights to the content of the Web Site which includes, but is not limited to text, graphics, images, icons, articles, guidelines, software, files, forms, and databases. Such entitlements are separate from and shall not infringe upon those of any affiliates, partners, associates, or other web sites which may be connected with this Web Site. Any links to external Web Sites are provided for informational purposes only and are not intended as endorsements or specific recommendations.

CHANGES

We reserve all rights to change or amend these Terms and Conditions on any occasion with no upfront notication to you. You are responsible for periodically reviewing changes to these Terms and Conditions. You agree that your continued use of the Web Site following any changes to these Terms and Conditions constitute your acceptance of such changes and your intention to be bound by the Terms and Conditions. If you do not agree to such changes, your sole remedy is to discontinue use of the Web Site and related web push notification services.

FEE AND CHARGES

You understand that we provide an web push notification services. You understand that pricing is based on the max number of subscribers associated to your account during the billing period. The pricing starts at $10.00/mo which includes the first 5,000 subscribers. You understand that we follow the best practices and we try to remove the expired or invalid subscriptions automatically, although the total number of subscriptions may still include some invalid subscriptions, multiple subscriptions of the same user, browser or device, duplicated subscriptions across different projects or inactive subscriptions that you do not use currently. You agree to pay a charge (according to your card issuer agreement) for our service fee, informed in the pricing section and selected when you register to start using our services.
In case of downtime (no service availability), you agree that the compensation or any claim must be requested within the next calendar month. The compensation will be issued in the form of promotional credits and it is not possible to ask for a refund. The compensation is a percentage of the last invoice, equal to the percentage of downtime of the month. The compensation is excluded if the service level cannot be met for reasons of force majeure.
We reserve all rights to change the fees/prices of our services with no upfront notification to you. New prices will be informed in the pricing section and your account page.
You agree that we do our best effort to deliver the web push notification to the subscribers using the infrastructure of our providers. We refund the money back only in the case we have proof of an error (you must do the best effort to provide evidence of the error) or an issue on web push delivery in our provider records (by checking the records on the dashboard/databases and/or public information of our service provider).

CUSTOMER RESPONSIBILITIES

You understand that we are not liable for the content delivered through web push notifications, since we do not perform any preventive check. You understand that you are solely responsible for any content or messages of your transmissions using our Web site and related web push notification services. You understand that under no circumstances we are liable in any way for any damages of any kind incurred as a result of using our Web site and related web push notification services.
We reserve the right to take any action necessary or appropriate in our sole discretion, if we believe you or your information may create liability for the Web site and related web push notification services, compromise or disrupt our web push notification services, or cause to us to lose (in whole or in part) the services of the providers.
You agree and understand that you are prohibited from using the Web sites and related web push notification services for the following purposes: (1) to violate laws regarding the transmission of technical data exported from any country (2) to send or transmit any unlawful, threatening, defamatory, fraudulent, libelous, obscene, pornographic or profane messages or material, or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law (3) to send or transmit any messages or material that violates any third party’s rights, including intellectual property rights, privacy rights, or rights of publicity (4) to send or transmit any advertisements, chain letters, bulk messages, or junk messages (5) to send or transmit messages using any automated means, including, but not limited to, the use of a bot, robot, script, or macro. (6) to use the web push notification services for chain letters, junk messaage or junk mail, spamming or any activity making use of distribution lists to any person who has not given specific permission to be included in such a process or on such list.
You further agree not to use the Services to store (1) any “protected health information” (as such term is used in the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191), or (2) any other type of information that imposes independent obligations upon the Company.
You understand that you will not use any robot, bot, script, macro or other automated means to access the Web site and related services for any purpose without our express permission.
In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated the law or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation.

You agree and understand not to send illegal, harmful, and/or offensive message.
You may not use, or encourage, promote, facilitate or instruct others to use, our services for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:
* Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming.
* Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
* Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
* Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:
* Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
* Interception. Monitoring of data or traffic on a System without permission.
* Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. The legitimate use of aliases and anonymous remailers is not prohibited by this provision.

You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:
* Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
* Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
* Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
* Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.
* Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.

You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.

We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse our service. We may:
* investigate violations of this Policy or misuse of our services
* remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of our services

We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
If you decide to support Safari and you send notifications to it, you should not send advertising, promotions, or direct marketing of any kind, because that is prohibited by the APNs Terms of Service.

DISCLAIMER/NO WARRANTY

You may use the Web Site only at your own risk and must accept full responsibility for any implications thereof.
All articles, forms, instructions, guidelines, links, information, web push notification services, kits, databases, and any other material contained in this Web Site are provided without any warranty (provided "AS-IS" without any warranties) either implied or express as to their legal effect, completeness, adequacy, or accuracy.
In no event shall webpushify.com, the Web Site, its members, employees, affiliates, third party providers, partners, licensors, agents, or associates be liable for any damages whatsoever, including without limitation, damages for loss of profits, business interruption, or loss of information.
Neither webpushify.com, the Web Site, its members, employees, affiliates, partners, third party providers, licensors, agents, or associates warrant that the Web Site and related web push notification services will be error free or always available.
We are not liable in any way and holds no responsibility for any damages to, or any viruses that may damage, your computer equipment or any other property affected by your use and/or access of, or browsing, the Web Site and/or downloading of any data, images, text, or resources from the Web Site.
The Web site, related web push notification services and all materials, documents or forms provided on or through your use of the Web Site are provided on an "as is" and "as available" basis to the fullest extent permitted by law. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We make no warranty that: (a) this Web Site or the materials will meet your requirements; (b) this Web Site or the materials will be available on an uninterrupted, timely, secure or error-free basis; (c) the results that may be obtained from the use of this Web Site, or any materials offered through this Web Site, will be accurate or reliable; or (d) the quality of any products, services, information or other material purchased or obtained by you through this Web Site or in reliance on the materials will meet your expectations.
Obtaining any materials and/or information through the use of this Web Site is done at your own discretion and at your own risk. We shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software.
Because the law changes rapidly, this Web Site cannot guarantee that all of the information is completely current, correct or up to date.
By using our services and/or subscribing to our paying plans and/or sending any web push notification, you agree that we and our affiliates, third parties can send electronic messages to you. We may perform certain services and introduce our visitors to various services, products and offers through various methods, including but not limited to: (i) third-party listings, (ii) third-party advertisers, and (iii) third-party services. At no time this Web Site is responsible to you or liable to you for the accuracy or performance of any such listings, products and/or services.
You understand that we offer our web push notification services as-is without any warranty. You understand that even if we do our best to follow best practices and offer a reliable service, we are not liable for data loss, lost or wrong notifications or performance drops. We do not support Safari to send notifications yet. We only support the browsers and/or operating system that currently support Web push notifications mechanisms. For more information, read at Push API support .

TERMINATION

You understand and agree that your account can be terminated by Webpushify for any reason.
You can close your account from your account settings after sign in. Any request to terminate your account can be sent by email.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless webpushify.com, the Web Site, members, our officers, directors, shareholders, employees, providers, affiliates, representatives and agents from and against any and all claims or threatened claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Web Site and related web push notification services, the Forms and the Materials.
You will cooperate as fully as reasonably required in defense of any such claim. webpushify.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of webpushify.com.
In the event that you have violated these terms and conditions, you release the Web site and related web push notification servcies, and our and any affiliated company or individuals from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

GOVERNING LAW

In the unlikely event that it is not possible to resolve a complaint or if webpushify.com has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. All disputes arising out of or relating to this Agreement or your use of this Web Site shall be subject to binding arbitration in Miami, Florida, in accordance with the rules of the American Arbitration Association ("AAA"). The arbitrator shall apply the substantive laws of the State of Florida without regard to its choice of law provisions. Any award rendered thereon by the arbitrator shall be final and binding on the parties and may be enforced as a judgment by any court of competent jurisdiction. You agree that, by entering into this Agreement, you and us are each waiving the right to a trial by jury or to participate in a class action.

COPYRIGHT/OWNERSHIP

All rights, title and interest in and to the materials provided on this Web Site, including but not limited to programs and software, information, documents, logos, icons, graphics, designs, materials, compilations, sounds and images (refer as the "Materials") are owned by webpushify.com. Except as otherwise expressly provided by webpushify.com, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way, and nothing on this Web Site shall be construed to confer any license under any of webpushify.com's intellectual property rights, whether by estoppel, implication or otherwise.
When accessing or using this Web Site, related services and the Materials, you undestand and agree to obey the law and you understand and agree to respect the intellectual property rights of others. Your use of this Web Site, related services and the Materials is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership protected by international and United States copy rights laws.
You agree not to upload, download, display, perform, transmit or otherwise distribute any Materials in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using our Web Site, related services and the Materials.

PRIVACY

Please also refer to our Privacy Policy which is incorporated herein by reference, which constitute the entirety of the agreement between us and you, the Web Site visitor.
In general, you are the owner of your account data and you can delete it at any time. Please read our Privacy Policy.
Any request to delete your account data can be sent by email.

ACKNOWLEDGEMENT

By using this Web Site and related services and/or subscribing to paying plan and/or sending a web push notification, you acknowledge that you have read these terms and conditions and agreed to be bound by them.