Terms of Use

Updated: 04.02.2019

Please read the following Terms of Service carefully before using the pushpush.io service.

1. General provisions

The following Terms of Service for pushpush.io service (hereinafter “Terms”) represent the terms governing the relationship between SendPulse Inc., 19 Hill St Bernardsville NJ 07924 USA (hereinafter “company”), which owns the pushpush.io service at the following URL https://PushPush.io (hereinafter “service”), and any person using the following service (hereinafter “you,” “customer,” “user”).

The use of the service is governed by these Terms of Service. 

The service does not collect, record, systemize, store, transfer, impersonalize, destroy, your personal data and does not perform any other operations connected to personal data processing. Personal data provided by services partners and personal data practices are subject to the corresponding terms and policies of the services partners and can be used by the employees of the services partners to contact the user.

The following Terms may be corrected or supplemented by the service administration without notifying users, and the changes take effect from the moment that the document is placed on the official website of the service. By continuing to use the service you agree to the Terms and all updates to the following Terms.

The following Terms are a public offer. By accessing or using the service in any way, you acknowledge and accept the following Terms (on behalf of yourself or the entity that you represent). The provisions of the following Terms remain in full effect at any time while you use the service or any information acquired via the service. By accessing or using the Service in any way you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You represent and warrant that you are of legal age to enter into these Terms (or if not, you have received the permission by a parent or a guardian to use the service and have had a parent or guardian to agree to these Terms on your behalf). If you are accepting these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on behalf of that organization or entity and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

1.1. Definitions 

Service administration — authorized employees of the service acting on behalf of the owner of the service.

Push notifications — short browser messages that are generated by the server and sent to the subscribers on a periodic basis or on a certain event.

Push subscriptions — subscriber's consent to receive push notifications. 

Website owner — a person or entity who registered the web address of the Internet resource, where push subscriptions are collected and from which push notifications are sent.

Service partner — a platform that enables website owners to collect push subscriptions, automatically send push notifications, monetize push notifications sent to subscribers, and provides them with access to other related features; this is also a platform that cooperates with https://PushPush.io as part of the provision of services under these Terms.

Advertiser — a person or entity that is the source of promotional content for placing and distribution of advertisements by means of sending push notifications.

1.2. Provided services

The service allows website owners to send push notifications of an advertising nature from advertisers to website owners’ subscribers in order to monetize these notifications through services partners.

The service enables advertisers to distribute push notifications of an advertising nature among subscribers of website owners through services partners.

1.3. The use of the service

The use of the service by website owners is performed with the help of the existing user account in any service partner. 

If a website owner does not have a user account in a service partner, they should register on the official website of a service partner or create a user account directly in the service. Prior registering, we recommend to read and acknowledge the terms and policies of the corresponding service partner. 

The use of the service by advertisers is performed through integration with services partners used to send push notifications of an advertising nature to website owners’ subscribers.

The use of the service is free of charge for all users.

Every website owner using the service has the right to participate in the service’s Partner Program, the conditions of which are available at the following URL.

2. Monetization and funds withdrawal

The service itself does not monetize push notifications. The service only provides website owners with a possibility to monetize their push notifications through services partners.

Depending on the chosen service partner for monetization of sent push notifications of an advertising nature and its monetization settings, website owners can choose one or several options for funds withdrawal provided by the corresponding service partner.

The services partners have control over the following:

  • monetization amount;
  • minimum payout amount;
  • payout frequency;
  • payout channels;
  • any other parameters connected to monetization and funds withdrawal.

The service bears no responsibility for any issues related to monetization and withdrawal of funds in services partners. In view of the above, you should address any questions related to monetization and funds withdrawal to the service partner you have chosen for monetization of push notifications.

3. Obligations of the parties

3.1. Obligations of website owners

The website owner is obliged to

  • ensure the confidentiality of their username and password for accessing their account on the service partner chosen for monetization, and not allow third parties to use their account;
  • use the service in accordance with the Terms of Service. Should the user violate these Terms, the administration has the right to limit the use of the service until the incident has been resolved;
  • use the service partner in accordance with its Terms of Service;
  • provide, upon request, the service administration with additional information, which is directly related to the service;
  • observe property and non-property rights of authors or other rightholders while using the service; 
  • refrain from rude and obscene language when communicating with the employees of the service.

The website owner represents and warrants that their use of the service will comply with all the applicable laws and regulations. The website owner is responsible for determining whether our services are suitable for them to use in light of any regulations. The website owner may not use the service for any unlawful or discriminatory activities.

3.2. Obligations of advertisers

The advertiser is obliged to

  • regularly provide sufficient amount of relevant web push ads for every subscriber of website owners based on the available personalization data;
  • monitor the quality of provided web push ads and their compliance with the declared ads types;
  • use the service in accordance with the Terms of Service. Should the user violate these Terms, the administration has the right to limit the use of the service until the incident has been resolved;
  • provide, upon request, the service administration with additional information, which is directly related to the service;
  • observe property and non-property rights of authors or other rightholders while using the service;
  • refrain from rude and obscene language when communicating with the employees of the service.
  • The advertiser represents and warrants that their use of the service will comply with all the applicable laws and regulations. The advertiser is responsible for determining whether our services are suitable for them to use in light of any regulations. The advertiser may not use the service for any unlawful or discriminatory activities.

3.3. Obligations of the service

The service is obliged to

  • ensure integration of services partners with advertisers;
  • monitor the implementation of the obligations of website owners, advertisers, and services partners;
  • assist the parties in the settlement of disputes between website owners, advertisers, and services partners during the use of the service.
  • The administration reserves the right to make changes to the interface and functionality of the service at its own convenience.

4. Liability and guarantees restrictions

The administration of the service bears no responsibility for the user’s actions taken as a result of a failure to understand or an incorrect understanding of the Terms of Service.

You assume full responsibility for any loss that results from your use of the service. We provide the service “as is” and “as available.” That means we do not provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness of the service for a particular purpose. Since our users exploit the service for a variety of reasons, we cannot guarantee that it will meet your specific needs.

Should the user violate the Terms of Service, the service administration has the right to limit the user’s access to the service.

The service administration bears no responsibility for disputes between website owners, advertisers, and services partners (hereinafter “parties”) during the use of the service.

Should a dispute arise between the parties, the service administration has the right to request from the parties the information required to consider the disputed issue and decide the dispute. After the consideration of the provided information, the service administration has the right to decide on the merits of the dispute.

The service administration reserves the right to analyze the use of the service by users and evaluate whether or not the user’s actions correspond to these Terms.

5. Choice of law. Arbitration

The relationship between the company and the user with regard to the use of the service is governed by the laws of the State of Delaware without regard to the conflicts of laws provisions thereof.

Any dispute arising from or relating to the subject matter of these Terms will be decided by the state and federal courts of the State of Delaware, and each party will be subject to the jurisdiction of those courts.

6. Contacts

You can contact the customer service at sales@pushpush.io with all issues related to the use of the service and the following Terms. 

You can also contact us at the following postal address: 

SendPulse Inc. 19 Hill St Bernardsville NJ 07924 USA