1. Introduction

Welcome to PUSHTech™ website, under company name Push Technologies S.L. CIF: ESB66197906. This website is designed to provide you with information regarding the PUSHTech™ products and services.

Please read the following Legal Information before using this website. The use of this digital publication and its contents is subject to the following terms of use. If you do not accept the following terms and conditions, please refrain from using our website and its contents.

These general conditions shall be governed and interpreted in accordance with Spanish Laws. In any controversy that might arise in relation to the application and interpretation of these laws, PUSHTech™ and the User, expressly accept the jurisdiction of the Courts and Tribunals of the city of Barcelona (Spain), renouncing all others.

2. Service - Registration and Account Security; Conditions

By signing up for and using PUSHTech™ Products you agree to the following:

You have a valid email address.

You will not provide any false personal information on or through the Service, or create an account for anyone other than yourself without permission.

Your login will only be used by one person, and you will not share a single login with any other person.

You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

You are responsible for all software, data, text, images, audio, video and other content (“Content”) posted and activity that occurs under your account (even if Content is posted by someone else using your account), and you have all rights necessary to upload all Content uploaded to the Service through your account (“Your Content”) to the Service and to grant PUSHTech™ Products the right to provide the Service in connection with Your Content.

Your Content and your other activities in connection with the Service do not and will not violate, infringe, or misappropriate any third party’s intellectual property right, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.

You will not use the Service for any illegal purposes, and you will not violate any applicable laws (including without limitation any data, privacy or export control laws).

You will not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit the Service or make the Service available to any third party; (b) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service or its components, or (c) modify, adapt or hack the Service to falsely imply any sponsorship or association with PUSHTech™ Products or any of its affiliates, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.

You will comply with any codes of conduct, policies or other notices PUSHTech™ Products provides you or publishes on the Service, and you shall promptly notify PUSHTech™ Products if you learn of a security breach related to the Service.

You will not upload or transmit unsolicited email messages.

You will not transmit any viruses or any code of a destructive nature.

If you violate the letter or spirit of these terms, or otherwise create possible legal exposure for PUSHTech™ Products or any of its affiliates, we can stop providing all or part of the Service to you. We will generally try to notify you, but have no obligation to do so. You may delete your account for the Service at any time.

Additional Service-Specific Terms. Certain of our Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference. Please click on the following link for additional information regarding the following applicable Services: Multi-Factor Authentication Service (MFA).

3. Responsibility for Messages

You are solely responsible for all Messages (whether submitted or submitted on the Customer’s own behalf or on behalf of a third party);

You must inform PUSHTech™ as soon as possible if you suspect or become aware of any unauthorised use of the your account; and

You acknowledge and agree that PUSHTech™ has no editorial control over the Messages and is under no obligation to review, moderate, amend or modify the Messages as part of the Service.

You acknowledge and agree that, notwithstanding paragraph (a)(iii), PUSHTech™ and the Suppliers may, in their absolute discretion, monitor the Messages transmitted using the PUSHTech™ Systems.

You must bear all costs arising out of any complaints made in connection with the Messages (including complaints made by any Governmental Agency).

4. Volumes and forecasting

You must on request by PUSHfrom time to time, provide PUSHTech™ with volume forecasts for the use of the Service and such other information that PUSHTech™ may reasonably request concerning the your use of the Services; and

You must provide PUSHTech™ with revised volume forecasts for its use of the Service if you anticipate, from time to time, that there is likely to be a significant increase or decrease in its use of the Service.

5. Payment, Refunds, Upgrading and Downgrading Account Terms

All accounts have a 30 day free trial or limited use. A valid credit card is required after the 30 day period, when limitations or free initial credit are exceeded if you wish to continue using the Service. The amount and nature of access you have to Your Content at the end of the 30 days or free trial is at the sole discretion of PUSHTech™ Products and can change at any time.

Paying accounts are billed on a monthly basis and all payments are non-refundable. If an account is cancelled, refunds for partial months of service or refunds for months unused with that account will not be made.

Fees do not include taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties.

If you upgrade or downgrade your plan type, the credit card that you provided will automatically be charged the new rate on your next billing cycle.

You may change the credit card being used any time in the Plans & Billing section of the Admin page for your account.

Downgrading your Service may cause the loss of content, features, or capacity of your account. PUSHTech™ will have no liability for such loss. We will try to notify you if this will happen.

6. Cancellation and Termination of Services

You are solely responsible for cancelling your account (without limiting PUSHTech™’s other rights to suspend or terminate your account). You can cancel your account at any time by clicking on the Plans & Billing section of the Admin page for your account.

All of Your Content will be deleted from the Service 90 days after the date of cancellation or termination of your account. This Content cannot be recovered.

If you cancel your account before the end of your current paid month, your account will remain active until the end of the current billing cycle. No partial refunds will be given.

PUSHTech™ has the right to suspend or terminate your account and refuse any and all use of the Service for any reason at any time. Such termination of the Service will result in the termination of your account or your access to your account, and of all Your Content in your account.

PUSHTech™ reserves the right to refuse registration and use of the Service to anyone for any reason at any time.

7. Modifications to the Service and Prices

PUSHTech™ reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice.

Prices of all paying plans are subject to change. You will receive 30 days’ notice from us. Notice may be provided at any time by posting the changes to the Service (including the Site).

PUSHTech™ is not liable to you for any modification, price change, suspension or discontinuance of the Service.

8. API

The PUSHTech™ HTTP Application Programming Interface (“API”) allows groups to access account and member data of members within such groups for use in other applications. API usage is subject to the all the terms in this Terms of Service, as well as the following:

We reserve the right to terminate or suspend your usage of the API at any time for any reason, including without limitation if we detect usage we determine to be abusive or harmful to the Service.

You will not share your API authentication token with anyone who should not have access to the group's data, and you will not access any data or content of any user of the Service that is not a member of your group.

9. Security

You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to PUSHTech™’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. We try to keep the Service bug-free and secure; however, we cannot guarantee that we will be successful in doing so, so your use of the Service is at your own risk. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. PUSHTech™ will have no liability to you for any unauthorized access to or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.

10. Disclaimer of Warranties

THE SERVICE, INCLUDING WITHOUT LIMITATION THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND PUSHTech™ (ON BEHALF OF ITSELF AND ITS AFFILIATES) EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT PUSHTech™ DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR SERVICES OBTAINED BY YOU FROM PUSHTech™ OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF SERVICE.

11. Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL PUSHTech™ (OR ITS AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, PUSHTech™ AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TERMS OF SERVICE BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TERMS OF SERVICE.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW.

12. Indemnification

You shall defend, indemnify, and hold harmless PUSHTech™ and its affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, any of Your Content that is uploaded, posted or otherwise transmitted to or through the Service, or your other access, contribution to, use or misuse of the Service. PUSHTech™ shall provide notice to you of any such claim, suit or demand. PUSHTech™ reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting PUSHTech™’s defense of such matter.

13. Legal advice

PUSHTech™ is the lawful owner of all rights to modify the configuration and website content at any time without prior notice. The information on this website is provided "as-is" without warranty of any kind, either expressed or implied, and may be changed or updated without notice.

Terms, conditions, features, availability, pricing, fees, service and support options are subject to change without notice.

Information provided by PUSHTech™ should be considered by the User for information or presentation purposes only. It may not be deemed as a determining factor in decision-making, nor commitment to provide services or product supply, declining all PUSHTech™ responsibility for the use of it in that sense. Moreover, it shall be specifically understood that such information, subject to the current Spanish Laws, is not intended for users who operate under other jurisdictions which require compliance of other requirements, disclosure or dissemination of services and/or products of the PUSHTech™ activity.

The User agrees not to perform any conduct that may damage the interests or violate the rights of PUSHTech™ or associated third parties.

All PUSHTech™ information received through this website should not be considered confidential, except that covered in the section on data confidentiality.

Any natural or legal person who intends to establish a hypertext link or technical link device (such as, text links or buttons) from its website to the PUSHTech™ website, must obtain previous written authorization from PUSHTechnologies . PUSHTech™ assumes no liability whatsoever arising from the content that third parties have included in their hyperlinks referenced on this page. The establishment of the hyperlink does not imply in any case the existence of relations between PUSHTech™ and the owner of the website on which it is established, nor acceptance and approval by PUSHTech™ of its contents or services made available to the public.

Unauthorized access, utilization, disclosure or modification of data or any alteration of any component of this website is expressly prohibited.

PUSHTech™ is not responsible for any damage or injury in the User's software or hardware arising from access to this website nor from the use of information or applications contained therein. Likewise, it shall accept no responsibility for; nor guarantee the availability of or continued access to the website; nor can PUSHTech™ guarantee that the information be free of errors.

The User shall be held responsible for whatever damages of any type might be suffered by PUSHTech™ as a result of non-compliance with any of the obligations implied by the present conditions. The User is aware of and voluntarily accepts that the use of any of the contents of this website occurs in all cases under his sole and exclusive responsibility.

PUSHTech™ is not responsible for any discrepancies that, in the transitional period, may arise between the paper and electronic versions of the same content published on this website.

Website design, logos, trademarks and other distinctive signs, the structure, contents and the source code of this website are protected by the Intellectual Property Law, and may not be used, reproduced, redistributed, modified, publicly communicated, transferred or disseminated in any other form without the expressed permission.

14. Copyright and Trademarks

All rights to the software included in this Website as well as the industrial and intellectual property rights related to its contents are the property of PUSHTech™ or third parties.

This website may contain references to trademarks, service marks or registered trademarks of PUSHTech™ . Its usage is explicitly prohibited without previous express consent of PUSHTech™ . iOS, iPad and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries. All other references to other trademarks or registered trademarks belong to their respective owners, and are recognized as such by PUSHTech™.

Any person is authorized to view, copy, print and distribute any document published by PUSHTech™ on this website, bearing in mind that: (i) such documents shall be used for informational purposes only, (ii) such documents may not be used for commercial purposes not related to PUSHTech™, (iii) such documents should always include a reference to PUSHTech™ ownership.

This website is protected by copyright and any unauthorized use may violate copyright, trademark and other laws. The authorization to use this website shall be automatically terminated if you breach any of these Terms, and the User must immediately destroy any material obtained or printed from the website. PUSHTech™ does not grant any license or authorization of any kind to its intellectual property rights, trade secrets or any other property or right related to this website and its contents.

15. Privacy policy

PUSHTech™ undertakes to respect the confidential nature of any personal data provided by visitors to its website, in application of the requirements of Spanish Act 15/1999 of 13 December, governing Personal Data Protection and in this sense, reports of what follows.

Use of certain content and services PUSHTech™ may require the User to provide certain personal data. In this case, PUSHTech™ will notify the User so that he can give his consent to the processing of their data by PUSHTech™ for the specific purpose. In such cases, certain data are considered essential and, if these are not provided, it is not possible to use such content or services. These data will be kept the most strictly confidential and not used for any other purpose. The user can revoke their consent and exercise rights of access, rectification, cancellation and opposition by writing to that effect to the following address: legal@pushtech.com.

You can refuse treatment of the data or information by rejecting the use of cookies by selecting the appropriate settings on your browser, however, you should know that doing so you may not be able to use the full functionality of this website. By using this website you consent to the processing of data about you and your behavior on PUSHTech™'s website.

16. Note

PUSHTech™ respects any intellectual property rights. The information found on our website is owned and operated by PUSHTech™. However, PUSHTech™ will cancel any content that violates intellectual property rights of others. If your intellectual property rights have been violated in any of our web pages or in our documents available for download, please provide information about ownership that understands to have been infringed and the location of such content on our website.

17. Legal Contact

For any suggestions or questions about this disclaimer please contact us at legal@pushtech.com