Terms & Conditions
PushRadar's Terms & Conditions ("Terms")
Our Terms & Conditions were last updated on July 6, 2020.
(A)Use of the PushRadar Service is governed by these Terms and Conditions.
(1.1)The following definitions apply within this agreement:
- Content:Material that is uploaded, written, created, shared or made publicly available on the Service by a Customer.
- Customer:A person who has signed up for an account with PushRadar.
- Customer Data:Any data inputted by the Customer, or PushRadar on the Customer's behalf for the purpose of using the Service or facilitating the Customer's use of the Service, including, but not limited to, the Customer's Personal Information.
- Message:A single data object sent to or from PushRadar's servers. The PushRadar API allows Customers to broadcast Messages.
- Parties:PushRadar and the Customer.
- Personal Information:Personally identifiable information, including, but not limited to your first name, last name, email address, password and card details.
- Reasonable Use:Non-abusive use of our Service. PushRadar will judge what constitutes "reasonable" use at its own discretion, taking into account the use and requirements of all Customers using the Service.
- Service:The PushRadar main website, www.pushradar.com, and associated subdomains, api.pushradar.com and ws.pushradar.com.
- Subscription Fee:The recurring fee payable by the Customer to PushRadar for one month's use of the Service.
- Terms:PushRadar's Terms & Conditions, taken to be the current version of this document.
- Virus:Any thing or device (for example, software, code, a file or a program) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, or the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect Customer or web visitor experience, including but not limited to worms and trojans.
(2.1)Customers must at all times provide Personal Information that is relevant and correct in order to use our Service.
(2.2)Customers must not share their account password with any other person. Sharing your account password constitutes a breech of these Terms and may result in your PushRadar account being suspended or terminated.
(2.3)Each PushRadar account is associated with a single individual. Customers are responsible for their account, and must take every precaution to ensure that no one else uses their account. If you believe that someone has hacked your PushRadar account, we require that you inform us immediately by contacting us.
(2.4)PushRadar reserves the right to suspend or terminate a Customer's account without prior notice, at any time, and for any reason.
(2.5)Customers shall not transmit any Content during the course of their use of our Service that:
- (a)is unlawful, harmful, threatening, defamatory, obscene, harassing or racially or ethnically offensive;
- (b)facilitates illegal activity;
- (c)is sexually explicit;
- (d)promotes violence and/or hatred;
- (e)is discriminatory in any way;
- (f)is intended to cause damage or injury to any person or property;
- (g)constitutes a Virus, or is in any way harmful to any computer system or network.
(2.6)The Customer shall not in any way attempt to:
- (a)copy, modify, duplicate, create derivative works from, or distribute any or all of the Service, without prior written consent from PushRadar;
- (b)compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form any or all of the Service, without prior written consent from PushRadar;
- (c)adversely affect the Service through a Distributed Denial-of-Service attack (DDoS), or by any other means;
- (d)screen-scrape, harvest or gather information from the Service by any automated means other than by using the PushRadar API;
- (f)encourage or facilitate others in doing any of the above.
The above sections 2.6(a) and 2.6(b) do not apply to code which has been made available by PushRadar as "open source". Such open source code consists of the publicly visible code samples displayed on our Service, and the code in our public GitHub repositories. PushRadar's open source code may have separate licenses attached, and you are encouraged to familiarise yourself with them before using such code.
(3.1)Each Customer may have one subscription to the Service.
(3.3)Subscriptions are billed on a monthly recurring basis until the Customer's account is deleted.
(3.4)PushRadar reserves the right to change the price of payment plans and corresponding Subscription Fees for Customers on those plans at any time, without prior notice. The current fees for our payment plans are displayed on the pricing page (expressed as monthly values). Please be advised that in exceptional circumstances, there may be an inaccuracy between the displayed price of a plan and the corresponding Subscription Fee for Customers on that plan; if you believe that you have been charged incorrectly, please notify us immediately.
(3.5)Requests for refunds will be considered by PushRadar on a case-by-case basis. Customers must delete their account if they no longer wish to be charged. You can delete your PushRadar account from the settings page of your dashboard. Please note that it may take up to one month for PushRadar to stop billing a Customer who has deleted their account.
(3.6)PushRadar reserves the right to terminate your subscription at any time, for any reason. Terminating a subscription automatically closes the associated PushRadar account. If PushRadar fails to receive outstanding Subscription Fees within twenty-one days, the corresponding account will be closed.
(4)Service & Availability
(4.1)PushRadar takes every precaution to ensure that the Service runs effectively, and is secure and accurate, however we do not guarantee that the Service will indeed run effectively, or be secure and accurate at all times, in all places.
(4.2)To ensure a continuous and reliable service for all Customers, we require that all Customers observe our Reasonable Use policy:
Customers should exercise reasonable use of PushRadar's API. If a Customer's account is deemed to be abusing the Service or its infrastructure by calling the PushRadar API excessively within a short timeframe, that account may be rate limited, suspended or terminated without prior warning.
(4.3)On rare occasions, we may need to perform necessary maintenance on our servers, such as hardware upgrades. During this time, PushRadar's Service will be down. If we plan such maintenance, we will endeavour to inform you at least two days in advance of the maintenance taking place, so that you can take the necessary precautions to ensure that your service is not adversely affected.
(4.4)PushRadar shall not compensate Customers for Service outages, or any other issues connected with the Service.
- (a)does not warrant that the Customer's use of the Service will be error-free; or that the Service will meet the Customer's requirements; and
- (b)is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over networks, and the Customer acknowledges that the Service may be subject to limitations, delays and other problems resulting from the use of such networks.
(5.1)The Customer is solely responsible for the legality, reliability, integrity and accuracy of the data they provide to PushRadar in order to use the Service.
(5.2)PushRadar shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by a third-party.
(5.3)Customer Data may be transferred or stored outside the European Economic Area (EEA) or the country where the Customer is located, in order for the Service to operate.
(5.4)PushRadar may disclose Customer Data to select third-parties if necessary for the Service to operate, or if required to by law. Your card details, email address and other Personal Information are disclosed to Stripe, for the purpose of processing account payments.
(6)Copyright & Intellectual Property
(6.1)The Service is protected by copyright law of the United Kingdom, governed by the Copyright, Designs and Patents Act 1988.
(6.2)If you believe that a trademark is being infringed on our Service, please let us know by contacting us. We will carry out an investigation and will endeavour to remove the material in question.
(6.3)All rights which are held by a Customer with regard to their original Content are retained by that Customer when using the Service.
(7.1)The Customer shall defend, indemnify and hold harmless PushRadar against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and legal fees) arising out of or in connection with the Customer's use of the Service, or Customer Data.
(8)Limitation of Liability
(8.1)The Customer assumes sole responsibility for results obtained from the use of the Service, and for conclusions drawn from such use.
(8.2)The Service is provided to Customers on an "AS IS" and "AS AVAILABLE" basis.
(8.3)PushRadar shall not, in any circumstance, be liable for any loss of profits, loss of business and/or similar losses, depletion of goodwill, corruption of data or information, or for any special, indirect or consequential losses, costs, damages, charges or expenses that arise out of or in connection with a Customer's use of the Service.
(9.1)These Terms & Conditions constitute an agreement between the Parties, and shall continue for as long as the Customer holds a PushRadar account. If PushRadar or the Customer deletes the Customer's account, this agreement will also be terminated.
(9.2)Customers can delete their account from the settings page of their dashboard.
(9.3)On termination of this agreement, the Customer must immediately stop using the Service.
(9.4)Any sections which by their nature should survive termination of these Terms shall survive such termination, for example, Section (8) Limitation of Liability.
(10.1)PushRadar shall not be held liable if the Service is interrupted or otherwise affected by events or accidents beyond its reasonable control, including but without limitation, technological failure, network interference, failure of a utility service, transport disruption, war, riot, regulation, fire, flood, storm, civil commotion or malicious damage.
(10.2)In the event of such events or accidents, PushRadar will do its best to notify Customers about what is happening, including an estimated date or time when normal service will be restored, if such a date or time is known. The Customer acknowledges that such communication may not be possible in times of crisis.
(11)Waiver of Rights
(11.1)No failure or delay by a Party to exercise any right under this agreement or by law shall constitute a waiver of that or any other right, nor shall it prevent or restrict the further exercise of that or any other right.
(12.1)If any provision (or part of a provision) of this agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the other provisions shall remain in force.
(13.1)This agreement constitutes the whole agreement between the Parties and it supersedes any previous agreement between them.
(13.2)Both Parties acknowledge and agree that in entering into this agreement, they are not relying on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any other person apart from the other Party.
(14)Partnerships & Agency
(14.1)Nothing in this agreement is intended to, or shall operate to, create a partnership between the Parties, or authorise either Party to act as business representative, agent, or otherwise for the other.
(14.2)Neither Party shall have the authority to act in the name of, or on behalf of, the other, or claim that they are "in partnership" with the other, unless there exists a separate agreement or contract, set apart from these Terms, and signed by both Parties, which allows for this to happen.
(15)Third Party Rights
(15.1)This agreement does not confer any rights to any person or party other than the Parties involved in this agreement.
(16.1)Any notice required to be given by a Customer to PushRadar under this agreement shall be delivered by email to the following email address: firstname.lastname@example.org.
(16.2)Any notice required to be given by PushRadar to a Customer under this agreement shall be delivered by email to the email address held on file for that Customer, which the Customer can update from the settings page of their dashboard.
(17)Governing Law & Jurisdiction
(17.1)Both Parties agree that this Terms & Conditions agreement shall be governed by the laws of England and Wales (without regard to applicable conflict of laws provisions). Both Parties further agree that the courts of England and Wales shall have exclusive jurisdiction to settle any claims or disputes concerning these Terms.
(18.1)Signing up for a PushRadar account constitutes acceptance of these Terms and Conditions.
(18.2)If any change is made to these Terms, PushRadar will modify the "last updated" date at the top of this page.