Terms and Conditions

Welcome to PushZet! These Terms and Conditions (“Terms”) govern your access to and use of the PushZet website located at https://pushzet.com (the “Website”), and all related services, features, and content provided by PushZet (“Service,” “we,” “us,” or “our”).

By accessing or using our Service, you agree to be bound by these Terms, our Privacy Policy, and any other policies or guidelines we may post. If you do not agree to these Terms, you must not use our Service.

Please read these Terms carefully before using PushZet.

1. Acceptance of Terms

By creating an account, sending push notifications, or otherwise using any part of the PushZet Service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, as well as our Privacy Policy. These Terms constitute a binding legal agreement between you and PushZet. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and warrant that you have the authority to bind that organization to these Terms. In such a case, “you” and “your” will refer to that organization.

2. Changes to Terms

We reserve the right to modify or replace these Terms at any time, in our sole discretion. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for changes.

3. Account Registration and Use

a. Eligibility: You must be at least 18 years old to use the PushZet Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.

b. Account Creation: To access certain features of the Service, you must register for an account. You agree to: * Provide accurate, current, and complete information during the registration process. * Maintain and promptly update your account information to keep it accurate, current, and complete. * Maintain the security of your password and identification. * Be solely responsible for all activities that occur under your account. * Immediately notify us of any unauthorized use of your account or any other breach of security.

c. Account Security: You are responsible for all activities conducted through your account, whether or not you authorized such activities. We are not liable for any loss or damage arising from your failure to maintain the confidentiality of your account credentials.

d. Free Trial: We may offer a free trial period for certain plans. During the free trial, you may be subject to certain limitations. At the end of the trial period, your access to the Service may be automatically terminated or downgraded unless you subscribe to a paid plan.

4. PushZet Service Description

PushZet provides a platform that allows you to send web push notifications to your website visitors who have opted-in to receive them. Our Service includes tools for:

• Subscription Management: Collecting and managing push notification subscribers.
• Campaign Creation: Crafting and scheduling push notification messages.
• Segmentation: Targeting specific groups of subscribers based on various criteria.
• Analytics & Reporting: Providing data on notification delivery, clicks, and engagement.
• Integrations: Offering methods to integrate PushZet with your website or other platforms.

You understand and agree that PushZet is a tool for communication, and the responsibility for the content, timing, and legality of the messages you send rests solely with you.

5. Acceptable Use Policy (Your Responsibilities)

You agree to use the PushZet Service only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Service by, any third party. Specifically, you agree not to:

• Send Unsolicited or Spam Notifications: You must obtain explicit consent from your website visitors to send them push notifications. Sending unsolicited commercial messages (spam) is strictly prohibited. You are solely responsible for ensuring you have a lawful basis (e.g., explicit consent) to send notifications to your subscribers.
• Send Harmful or Illegal Content: You must not use the Service to send notifications that are:
  
  • Illegal, fraudulent, or deceptive.
  • Defamatory, libelous, or harassing.
  • Obscene, pornographic, or sexually explicit.
  • Inciting violence, hate speech, or discrimination.
  • Infringing on any intellectual property rights (copyright, trademark, patent, trade secret) of others.
  • Containing viruses, malware, or any other harmful code.
• Misrepresent Identity: Do not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Abuse the Service: Do not attempt to gain unauthorized access to our Service, accounts, computer systems, or networks connected to our Service through hacking, password mining, or any other means. Do not interfere with or disrupt the integrity or performance of the Service or data contained therein.
• Violate Laws: You must comply with all applicable local, state, national, and international laws and regulations, including but not limited to privacy laws (such as GDPR, CCPA, CAN-SPAM Act, etc.) and telecommunications regulations.
• Resell or Sub-license: You may not resell, lease, sublicense, distribute, or otherwise make the Service available to any third party, except as explicitly permitted by PushZet.
• Misuse Data: Do not scrape, harvest, or otherwise collect information from the Service for any unauthorized purpose.

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account, without refund, and potential legal action.

6. Intellectual Property Rights

a. PushZet’s Content: All content, features, and functionality on the Service (including but not limited to software, text, graphics, logos, icons, images, audio clips, video clips, data compilations, and the compilation thereof), are the exclusive property of PushZet, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

b. Your Content: You retain all ownership rights to the content you create and send through the Service (e.g., the text and images within your push notifications). By using the Service, you grant PushZet a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content solely for the purpose of operating and providing the Service to you.

c. Trademarks: The PushZet name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of PushZet or its affiliates or licensors. You must not use such marks without the prior written permission of PushZet.

7. Fees and Payment

a. Pricing: Our pricing for the Service is available on our Website. We reserve the right to change our prices at any time. Any price changes will be communicated to you in advance and will not affect subscriptions for which you have already paid.

b. Billing: If you select a paid plan, you agree to pay all applicable fees and charges on time. All payments are non-refundable unless otherwise specified. Fees are billed in advance on a recurring basis (e.g., monthly or annually) as per your chosen plan.

c. Automatic Renewal: Unless you cancel your subscription, your plan will automatically renew at the end of each billing period. You authorize us to charge your payment method for the applicable subscription fees for the renewed term.

d. Payment Processing: We use third-party payment processors to handle payment transactions. By using the Service, you agree to their terms of service and privacy policies. We are not responsible for errors made by the payment processor.

e. Delinquent Accounts: If payment is not received by the due date, we may suspend or terminate your access to the paid features of the Service. We reserve the right to charge interest on overdue amounts and recover any costs associated with collection.

8. Termination

a. Termination by You: You may cancel your PushZet account at any time by following the instructions in your account settings or by contacting our support team. Upon cancellation, your access to the Service will cease at the end of your current billing cycle, and no refunds will be provided for any unused portion of the service.

b. Termination by PushZet: We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Reasons for termination may include, but are not limited to: * Violation of the Acceptable Use Policy. * Non-payment of fees. * Engaging in activities harmful to PushZet or other users. * Any activity that we, in our sole discretion, deem inappropriate or disruptive.

c. Effect of Termination: Upon termination for any reason, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Disclaimers

THE PUSHZET SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PUSHZET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

PUSHZET MAKES NO WARRANTY THAT:

• THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS.
• THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
• ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY MATERIAL FROM THE SERVICE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PUSHZET, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL PUSHZET’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE AMOUNTS PAID BY YOU TO PUSHZET FOR THE PAST TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless PushZet and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:

• Your access to or use of the Service.
• Your violation of these Terms.
• Your violation of any third-party right, including without limitation any intellectual property right or privacy right.
• Your User Content or the content of the push notifications you send through the Service.
• Your violation of any applicable law or regulation.

12. Governing Law and Jurisdiction

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

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in Uttar Pradesh, in accordance with the rules.

The courts in Uttar Pradesh shall have exclusive jurisdiction for any judicial proceedings related to these Terms.

13. General Provisions

a. Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices published by PushZet on the Service, constitute the entire agreement between you and PushZet concerning the Service.

b. Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

c. Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and PushZet‘s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

d. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without PushZet‘s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. PushZet may freely assign or transfer these Terms without restriction.

e. Headings: The headings used in these Terms are for convenience only and do not affect the interpretation of these Terms.

f. Force Majeure: PushZet shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

14. Contact Information

If you have any questions about these Terms, please contact us:

• By email: support@pushzet.com
• By visiting this page on our website: https://pushzet.com/contact