Terms & Conditions

By creating an account at PushAlert.com, you are entering into a binding legal agreement governed by the terms of use listed below with InkWired Technologies Private Limited (“InkWired”). You further agree that you are legally capable of entering into a contract on your behalf or a business entity which has given you authorization.

Your use of the Website and the PushAlert Service is subject to your complete acceptance and compliance, of the Terms and Privacy Policy (the “Privacy Policy”), which shall collectively be referred to herein as the “Terms of Use”, unless otherwise specified. Further, by using the Website and/or availing PushAlert Services, you provide your unconditional consent to the Terms of Use and undertake to abide by all rules, restrictions, conditions and notices set out therein. If any of these terms are unacceptable, you are free to deactivate your account and stop using the service.

This Agreement comes into force on the same day that you register for an account, henceforth known as the "Effective Date."

  1. 1. TERMS OF USE MODIFICATIONS

    PushAlert reserves the right to change the Terms of Use, or Website or its Services including but not limited to modifying, terminating, discontinuing any feature, content or service, related applications. Any changes in the terms of use will be made available on this page with date mentioned. It is your prerogative to check back on the updates to the terms of use and keep your account compliant with the mentioned changes. Your continuance of usage of our services will be deemed as acceptance of all the changes. If you do not accept any changes to the terms of use, you may stop using our services or cancel your account.

    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.

  2. 2. FREE TRIAL

    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.

  3. 3. TERMINATION

    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.

  4. 4. CUSTOMER’S RESPONSIBILITIES, CONTENT POLICY, REPRESENTATIONS AND WARRANTIES:

    1. 4.1 USER AGREES NOT TO:

      1. Impersonate any person or entity, including, but not limited to, a PushAlert official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      2. Create a competing product or service similar to PushAlert.
      3. Restrict or prevent any user from availing our services by means of hacking or denial of service or any other form of obstruction
      4. Copy, reproduce, sell, trade any services or products even in part unless prior written permission from InkWired has been taken.
      5. Use the service to upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
      6. Upload, post, email, transmit or otherwise make available any material or non-public information about companies without the authorization to do so;
      7. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights (“Rights”) of any party;
      8. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising or promotional materials, which redirects users to spam, Ponzi schemes, malware or harm – physical, emotional, monetary or of any other kind;
      9. Use the service to cause harm to minors in any way
      10. Upload, post, email, transmit or otherwise make available any material that contains viruses, worms, Trojan horses which may limit the functionality of the end-user system, cause issues with telecommunication equipment;
      11. Intentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law;
      12. PushAlert will at times police its network, resources, user accounts to verify compliance with all agreed upon Terms. The User agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate will result in immediate dismissal of service and account without any monetary compensation or refunds.
      13. PushAlert reserves the right to remove any website or server on its network which is said to present a security threat or is found objectionable.
      14. Opening multiple accounts to take benefit of free services is grounds for immediate termination of all accounts of the user on the service.
      15. PushAlert makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. PushAlert also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the User, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the User. Use of any information obtained by way of PushAlert is at the User’s own risk, and PushAlert specifically denies any responsibility for the accuracy or quality of information obtained through its services. PushAlert expressly limits its damages to the User for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
      16. PushAlert specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, PushAlert may, at its option and at any time, reject this material, including but not limited to after it has been put on PushAlert's Server. PushAlert may notify User of its refusal of the material and afford User the opportunity to amend or modify the material to satisfy the needs and/or requirements of PushAlert. If the User fails to modify the material, as directed by PushAlert, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
      17. PushAlert reserves the right to terminate parts of its service, apps at any time even if User has relied on them as a material incitement to enter into this Agreement.
    2. 4.2 USER AGREES:

      1. That they have the right to use the trademarks and copyrights applicable to all content and/or products being made available through the User’s account.
      2. That they shall obtain any and all necessary consents and clearances to enable you to lawfully make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of User’s proposed domain name or content on User’s website.
      3. To let InkWired use their organization's logo in InkWired’s customer list and at other places on its website (including but not limited to PushAlert.com).
      4. That they are responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access PushAlert. PushAlert makes no representations, warranties or assurances that the User’s equipment will be compatible with the PushAlert service.
    3. 4.3 ADULT CONTENT

      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:

      1. Any website whose sole or part revenue is gained from its adult content.
      2. Websites hosting or linking to Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
      3. Hyperlinks to adult sites, including but not limited to sites who violate these policies.
      4. Sites that have discussion boards, forums, and share or post information that is ‘adult’ in nature.
      5. Sites that sell, promote, advertise ‘adult’ material, including but not limited to adult toys.
    4. 4.4 LINKS

      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.

    5. 4.5 FILE SHARING APPLICATIONS AND TORRENTS

      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.

  5. 5. FEES, BILLING, TAXES AND REFUNDS

    1. 5.1 FINANCIAL ARRANGEMENTS

      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.

      1. User agrees that all charges and fees associated with an account are their sole responsibility.
      2. Billing will stop at end of term during which the service is cancelled.
      3. At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until cancelled in writing or via email.
      4. Violations of PushAlert Terms of Service may, at PushAlert’s discretion, result in immediate and permanent disablement without refund.
      5. Disputed charges (“chargebacks”) associated with any PushAlert account may, at PushAlert’s discretion, result in immediate and permanent disablement. PushAlert expressly reserves the right to change the fees charged hereunder for the Services offered with advanced notice to the User. If User does not agree to any such pricing change, they may cancel the service any time, however no refund will be given for the remaining term of the account.
    2. 5.2 TAXES

      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.

  6. 6. DATA POLICY

    1. User will provide PushAlert with data in a condition that is “server-ready”, which requires no manipulation on the part of PushAlert. PushAlert shall make no effort to validate information being shared for content, correctness or usability. The User shall be only and strictly liable for the content, links, data, information they are sharing through the service.
    2. To use PushAlert services, a certain level of understanding of web services may be required for which PushAlert will not be held accountable. The User should familiarize themselves with the working of the service by going through support documents, links before making a payment. PushAlert will not be held liable if the User is unable to understand the working of the software service on offer or any issues, legal or otherwise which may arise due to this inability.
    3. PushAlert does not and will not exercise any control whatsoever over the content of the information passing through the network, provided that it adheres to conditions mentioned throughout the Terms of Use.
  7. 7. PRIVACY POLICY

    Our up-to-date privacy policy is available at pushalert.com/privacy (the "Privacy Policy"), which is incorporated by this reference. Your continued usage of our services will be considered as an agreement on the provisions of the Privacy Policy and its future updates. It is your responsibility to keep yourself updated about the changes in our Privacy Policy which will be posted in the link mentioned above.

  8. 8. LIMITED LIABILITY

    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.

  9. 9. INDEMNIFICATION

    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:

    1. Any injury to person or property caused by any products sold or otherwise distributed in connection with PushAlert's Server by User;
    2. Any material supplied by User infringing or allegedly infringing on the proprietary rights of a third party;
    3. Copyright infringement by User;
    4. Any defective product which User sold through PushAlert's Service.
  10. 10. REVISIONS AND ERRATA

    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.

  11. 11. FORCE MAJEURE

    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.

  12. 12. GOVERNING LAW

    This Agreement shall be governed by and construed in accordance with the laws of India and you hereby submit to the exclusive jurisdiction of the courts of Jaipur (Rajasthan) to resolve any dispute arising out of the Terms of Use or your use of PushAlert services.

  13. 13. ASSIGNMENT

    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.

  14. 14. RENEWAL

    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.