This Agreement comes into force on the same day that you register for an account, henceforth known as the "Effective Date."
The parties further agree that upgrades, downgrades, and additional services may be agreed via electronic communication that is acknowledged by authorized representatives for both parties. If one party fails to exercise, or delays exercising, any right, remedy or power set out in this Agreement, this shall not operate as a waiver of that right, remedy or power, whether under this Agreement or at law or equity.
On registering for a free trial of the Service, we will make the Service available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period or (b) the start date of your subscription. If we include additional terms and conditions on the trial registration web page, those will apply as well. During the free trial period, (i) the Service is provided “as is” and without warranty of any kind, (ii) we may suspend, limit, or terminate the Service for any reason at any time without notice, and (iii) we will not be liable to you for damages of any kind related to your use of the Service. Unless you subscribe to the Service before the end of the free trial, all of your data on the Service may be permanently deleted at the end of the trial, and we may not be able to recover it. Furthermore, you are requested to first try out our services by registering for the free trial period, there will be no refund given for any subscription under any circumstances even if the account is cancelled before the end of subscription term. You will not be able to download any subscriber's endpoint that have been added during the trial period. Once the trial period ends, only users who enroll in one of the paid plans will have access to subscriber endpoints list. In addition, our free lifetime account doesn't have the option to download endpoints list.
PushAlert may terminate your account if any of the following occurs, even in part:
– User fails to make due payment,
– User is found to be violating the provisions of the terms of this agreement,
This agreement may be terminated by either party, without cause, at any time, by giving the other party 15 days written notice. PushAlert will accept termination by electronic mail, only from the registered mail id for the account.
You should not register an adult website or any website with “Adult Material” or share any Adult content on PushAlert, when found your account will be immediately terminated and there will be no refund given in case of any financial transaction.
Although the criteria of “Adult Material” is very vast, and but just for reference this is what amounts to websites with adult content, without limitation:
PushAlert has not reviewed all of the sites or email hosting accounts linked to its web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by PushAlert of the site. Use of any such linked web site is at the user’s own risk.
All accounts on PushAlert are strictly prohibited in publishing or distributing in anyway links or files that are related to file that are provided through any file sharing service. No direct or redirected links to files, torrents, magnet links should be sent using PushAlert, this will result in immediate termination without any forewarning.
User shall pay by valid payment method for Software Services provided by PushAlert at the time of signing up at the fee set forth at our website. Monthly payment schedule will be mentioned and needs to be adhered to, there will be no automatic payments accepted. User would have to pay fees for the selected plan monthly or yearly, which should be chosen at the time of registration but can be changed later through Dashboard.
If User does not pay fees by the Due Date, PushAlert may suspend User’s ability to use the Services, and may terminate this Services Agreement.
PushAlert shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from User or PushAlert server. User agrees to take full responsibility for all taxes, local, state and fees of any nature associated with such products sold.
User expressly agrees that use of PushAlert's Server is at User’s sole risk. Neither PushAlert, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that PushAlert's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the PushAlert Server service, unless otherwise expressly stated in this contract. Under no circumstances, including negligence, shall PushAlert, its offices, agents or anyone else involved in creating, producing or distributing PushAlert's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the PushAlert Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to PushAlert's records, programs or services. User hereby acknowledges that this paragraph shall apply to all content on PushAlert's Server service.
In any event no claim shall be brought unless User has notified PushAlert of the claim within one year of its arising.
In no event shall PushAlert be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
User agrees that it shall defend, indemnify, save and hold PushAlert harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against PushAlert, its agents, its Users, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Users, its agents, employees or assigns. User agrees to defend, indemnify and hold harmless PushAlert against Liabilities arising out of:
The materials appearing on PushAlert's web site could include technical, typographical, or photographic errors. PushAlert does not warrant that any of the materials on its web site are accurate, complete, or current. PushAlert may make changes to the materials contained on its web site at any time without notice. PushAlert does not, however, make any commitment to update the materials.
Except for the payment of fees by User, if the performance of any part of this Agreement by either Party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
Neither party may assign or transfer this Agreement or any rights or obligations hereunder, in whole or in part, except with the prior written consent of the other party, which shall not be unreasonably be withheld; provided that InkWired may assign or transfer this Agreement, or any rights or obligations hereunder, in whole or in part: (i) to an affiliate of InkWired, (ii) in connection with a merger, amalgamation or sale of all or a substantial part of the business of InkWired, or (iii) for financing, securitization or other similar purposes, which assignments and/or transfers shall operate novation and discharge InkWired hereunder. A change of control of User shall be deemed to be an assignment and transfer hereunder and shall be governed by the requirements of this provision.
All third party logos, product names or company names are are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.
These Terms of Service constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms of Service of Contract will be considered agreed upon on continued use of our Services and renewal of account by User.
Last Updated: 13th, February - 2017