The information and materials provided through the Website, including without limitation, any data, text, graphics, images, audio and video clips, logos, icons, software and/or links (collectively, the “Materials”) are intended to educate and inform you about our service. Permission for all other uses of materials contained herein, including reproducing and distributing multiple copies, must be obtained from Pushwoosh in advance. For purposes of this Agreement, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Pushwoosh. Although Company strives to provide Materials that are both useful and accurate, data and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although Company endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete. In addition, portions of the Materials may have been contributed to the Website by various third parties and service providers. The inclusion of such information does not indicate any approval or endorsement of such providers or their products and services, and Company expressly disclaims any liability with respect to the foregoing.
Sensitive Data (as defined below) will not be provided to Pushwoosh at any time and Pushwoosh will have no liability whatsoever for Sensitive Data, whether in connection with a security incident or otherwise. For purposes of this Agreement, “Sensitive Data” means (i) social security number, passport number, driver’s license number, or similar identifier (or any portion thereof), (ii) credit or debit card number (other than the truncated (last four digits) of a credit or debit card), (iii) employment, financial, genetic, biometric or health information, (iv) racial, ethnic, political or religious affiliation, trade union membership, or information about sexual life or sexual orientation, (v) account passwords, (vi) date of birth, (vii) criminal history, (viii) mother’s maiden name or (ix) any other information or combinations of information that is deemed sensitive under the legal framework of any applicable jurisdiction.
Your Content and Information
All information, data, text, messages or other rich content you create using Website and its service is solely your responsibility. You must evaluate and bear all risks associated with the use of any of your Content.
Code of Conduct
While using the Website and/or Materials you agree not to:
- Restrict or inhibit any other user from using the Website or the Materials, including without limitation, by means of “hacking” or defacing any portion of the Website;
- Use the Website or Materials for any unlawful purpose or in any manner not intended by Company or as contemplated herein and on the Website;
- While using the Website, engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive or otherwise objectionable behavior;
- Institute an attack upon any server used in connection with the Website or any portion thereof or otherwise attempt to disrupt such servers;
- Express or imply that any statements you make are endorsed by us, without our prior express written consent;
- Knowingly transmit:
- any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights;
- any material, non-public information about companies without the authorization to do so;
- any trade secret of any third party; or
- any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Engage in any action that is in violation, contravention or circumvention of the Registered Apple Developer License and the Apple iPhone Developer Program License Agreement, Android Software Development Kit License Agreement and Blackberry License agreements as it may be amended from time to time;
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Website or Materials;
- Remove, alter, conceal any copyright, trademark, patent or other proprietary rights notices contained in the Website or Materials;
- Link the website or any content thereon to any third party website or portion thereof without company’s prior written comsent;
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents; or
- Harvest or collect information about Website users without their express consent. While using the Site and/or Materials, you agree to comply with all applicable laws, rules and regulations.
In order to access services provided by the Company you may be asked to provide information about yourself (for example registration, identification or contact details). Such information may be required during a registration process for a service. In such a case you agree that any information you provide will always be valid, accurate, correct and up to date. You definitely agree to use services provided by the Company only for purposes that are permitted by the ToS and any applicable law, regulation, service guidelines or accepted practices – those restrictions apply in the relevant jurisdiction. Furthermore you agree not to access – or attempt to access – services provided by the Company by any means other than through the provided interfaces or other related application programming interfaces, unless an explicit agreement between the Company and you was set up. You agree that you will not place any activity that may interfere with, interrupt or break down services provided by the Company. You agree that you will not reproduce, copy, duplicate, sell, resell or trade any services provided by the Company, unless you have been specially permitted to do so in a separate agreement with the Company. You agree that you’re responsible – the Company has no responsibility to you or to any third party – for any breach of your obligations under the ToS and for all resulting consequences of any breach – including any loss or damage which the Company may suffer.
Payment and Refund
In consideration for using the Service, Pushwoosh charges recurring monthly or annual fees for paid accounts. The payment should be processed automatically once a month or year depending on the chosen payment cycle. In case the number of total push-enabled devices on your account exceeds the subscription plan’s limitation, an overage fee is charged monthly according to your payment plan. Pushwoosh accepts payments through certain online payment methods (such as PayPal, FastSpring and Braintree), that provide secure credit card payments through their systems, and create a payment subscription. You can easily cancel your subscription at any time. There are no cancellation fees, although no refunds are provided for pro-rated periods. Refunds may be issued for payments made no longer than 30 days ago from the date of requesting the refund. Besides, we do not provide refunds for annual subscription payments, since annual payments are provided with a discount.
For subscription plans tiered by audience size with payment cycles over one month, every tier upgrade is charged during a payment cycle. In case the number of total push-enabled devices on your account exceeds your current tier's limitation during one payment cycle, a prorated invoice is issued to charge for the tier upgrade. Invoices for tier upgrades are issued on the date of the current limit is exceeded. Tier upgrade is charged proportionally to the remaining period of a payment cycle. No refunds for further tier downgrade provided.
Any reference to any third party on the Website is provided to you for informational purposes only. Company encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Company works to ensure the information on the Website is current and accurate, Company does not warrant the accuracy of any information contained on the Website or its fitness for any particular purpose.
Compliance with Applicable Laws
Company reserves the right at all times to disclose any information as Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
- Company has the right to obtain without notification to you certain information about your computer or software, including, but not limited to, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification;
- Company has the right to obtain without notification to you non-personal information from your connection to the Website for demographic purposes; and
- Company has the right to obtain without notification to you information from your computer, software, and parts or portions thereof, including, but not limited to, your computer’s random access memory, video card, central processing unit, hard drive(s) and any other storage devices in order to assist our efforts in policing users who may develop and/or use “hacks.”
Ownership and Restrictions on Use
The Website is owned and operated by Company in conjunction with others pursuant to contractual arrangements and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of Company and its licensors, customers, suppliers or other agents and designees as applicable. Other products or companies names mentioned herein or within the Website, including the names of customers and/or licensors, may be the trademarks or service marks of their respective owners. The Website and Materials, and the selection, compilation, collection, arrangement and assembly thereof, are protected by international copyright, trademark and other laws and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Website in any way without our prior express written permission or a written agreement that specifically states otherwise. The Website and Materials can be used solely to the extent necessary for your authorized use of the Website, as provided in this Agreement or as expressly authorized in writing by Company or, if so indicated in writing by Company, its licensors or suppliers. Modification of the Website or the Materials or use of the Materials for any other purpose may be a violation of copyright and other proprietary rights and is strictly prohibited. You acknowledge that you do not acquire any ownership rights in or to the Website and its materials by using the Website. The trademarks, logos, and service marks displayed on the Website (collectively the “Trademarks”) are trademarks of Company, Company’s licensors, customers, suppliers or other agents and designees and others. The Trademarks owned by Company, whether registered or unregistered, may not be used in connection with any product or service that is not Company’s, in any way that is likely to cause confusion among consumers, or in any manner that disparages Company. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Company, Company’s licensors, customers, suppliers or other agents and designees, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Company will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
Eligibility and Use & Access By Minors
The Services and Website of Pushwoosh Inc. are not intended for people under 13 years of age. Pushwoosh’s Services and Website are not developed or directed at children. We do not knowingly solicit or collect any personally identifiable information, including from children under the age of 13, nor do we knowingly market our Services or Website to children under the age of 13.
We welcome your comments regarding the Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to Company shall be and remain the exclusive property of Company. Your submission of any such comments shall constitute an assignment to Company of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Company will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original works.
This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement and/or your access to and use of the Website or any portion thereof or any activity provided thereon, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Website shall immediately cease, and you shall immediately destroy all Materials obtained from the Website and all copies thereof, whether made under the terms of this Agreement or otherwise.
THE WEBSITE AND ITS MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. COMPANY AND ITS AFFILIATES, LICENSORS, CUSTOMERS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITE OR THE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE (OR ANY PART THEREOF INCLUDING THE MATERIALS), THE SERVER(S) ON WHICH THE WEBSITE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF COMPANY OR ITS AFFILIATES, LICENSORS, CUSTOMERS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITE, IN THE MATERIALS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE WEBSITE AND ANY MATERIALS AND SERVICES PROVIDED THROUGH THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK. A possibility exists that the Website (including the Materials, software and all other information or content on or accessible from the Website) could include inaccuracies or errors, or information or materials that violate this Agreement. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Website. Although we attempt to maintain and ensure the integrity of the Website, we make no guarantees as to the Website’s completeness or correctness. In the event that a situation arises in which the Website’s completeness or correctness is in question, please contact us by using this form with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Website, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably possible.
Limitation of Liability
You agree to indemnify, defend and hold Company, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from:
- your breach of this Agreement, including any violation of the Code of Conduct above;
- any allegation that any submission or other materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
- your use of the Website.
Statute of Limitations
This Agreement constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals or quotations on that subject matter.
Updated: May, 2018