By using the PushAssist web site (“Service”), a service of PushAssist.com”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). PushAssist reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at : https://pushassist.com/terms-of-service/
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted. Account creators may be representatives of corporations or other entities.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign-up process.
- You are responsible for maintaining the security of your account, password, and private key (used for API access). PushAssist cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content that is distributed under your account.
- PushAssist cannot and will not be liable for any injury, loss, or damage from the delivery failure, receive failure on a mobile device, or failure of a user to act on any notification.
- One person or legal entity may not maintain more than one account with free tier usage.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Violation of any of these agreements will result in the termination of your Account. While PushAssist prohibits such conduct and content on the Service, you understand and agree that PushAssist cannot be responsible for the content sent through the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERMS
A valid credit card is required for paying accounts. Accounts operating in the free tier are not required to provide a credit card number.
- The Service is invoiced within a week upon completion of the month and charged by credit card within 10 days.
- Accounts without a credit card number will have service stopped when reaching the end of the free tier.
- Customers are responsible for payment of all charges incurred during a month.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
CANCELLATION AND TERMINATION
- Because Service is charged on a usage level, you may stop using Service at any time. You are responsible for any charges incurred. It is your responsibility to stop using Service.
- You may request having your account deleted. All content and configuration may be removed within 30 days.
- PushAssist, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other PushAssist service, for any reason at any time.
- Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all configuration in your Account.
- PushAssist reserves the right to refuse service to anyone for any reason at any time.
MODIFICATIONS TO THE SERVICE AND PRICES
PushAssist reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the PushAssist site (pushassist.com). PushAssist shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
COPYRIGHT AND CONTENT OWNERSHIP
- All content posted on the Service must comply with U.S. copyright law.
- We claim no intellectual property rights over the material you provide to the Service.
- PushAssist does not pre-screen content, but PushAssist and its designee have the right (but not the obligation) in their sole discretion to refuse access to the Service.
- Payment and/or use of the service only entitles you to the use of the service, all copyrights, including source code and binary compilations, owned by PushAssist are not transferred under any circumstances.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- You understand that PushAssist uses third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Services or any other PushAssist service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by PushAssist.
- We may, but have no obligation to, suspend or delete Accounts containing 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 of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any PushAssist customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not transmit unsolicited or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- PushAssist does not warrant that
(i) the service will meet your specific requirements,
(ii) the service will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of the service will be accurate or reliable,
(iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
(v) any errors in the Service will be corrected.
- You expressly understand and agree that PushAssist shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PushAssist has been advised of the possibility of such damages), resulting from:
(i) the use or the inability to use the service;
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
(iii) unauthorized access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the service;
(v) termination of your account; or
(vi) any other matter relating to the service.
- The failure of PushAssist to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and PushAssist and govern your use of the Service, superseding any prior agreements between you and PushAssist (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to firstname.lastname@example.org