Terms & Conditions
The following Software License and Terms of Service Agreement ("Terms" or the "Agreement") is a legal contract between you, an individual subscriber ("You"), and notify.live ("We", "Us", "Our") regarding your use of notify.live, (our "Site" or "Website") applications, technology, products, features and related services. By visiting our Website and/or applications and accessing, downloading and/or using the information, resources, services, software, technology, products, including signing up for our offerings through which we enable the sending, optimizing and managing of push notifications to users of your applications and websites (collectively the "Services"), you understand and agree to accept and adhere to the following terms and conditions as stated in this Agreement. PLEASE REVIEW THESE TERMS OF SERVICE FOR USE OF OUR WEBSITE, OUR SOFTWARE, AND OUR SERVICES. THESE TERMS OF SERVICE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN A COURT OR JURY TRIAL OR CLASS ACTION Our "Services" include the notify.live website, the services provided thereon, and all related services, applications, components, programs, software, listings, directories, tools, updates, databases and information made available and utilized. During your installation of the Services, we may change your settings and install additional profiles on your device to enable our Services. You expressly authorize us to make these changes. The Services are intended for use within your applications and websites in order to send, optimize and manage push notifications.
THE SERVICES ARE NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICES BY notify.live By clicking the "Unlock Now" button or by otherwise registering for, accessing or using the Services, you represent that you are at least 18 years of age and have not been previously suspended or removed from the Services by notify.live.
2. Additional Guidelines. When using the Services, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms and we will notify at your read only email address of these Guidelines.
3. Modification of these Terms: notify.live reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Service.
4. Usage of Services: You acknowledge, agree and accept that the Services enable You to collect certain information from Users of the Services' functionality, which generally assists in providing developers with functionality that target and personalize notifications sent to Users. Such information collected includes: IP Address, Data sent to your server (e.g., User Agent Header, the Accept Header, the Connection Header, the Encoding Header, the Language Header), Data obtained from Java Script, Flash, Cookie preferences, CPU class and architecture, Timestamps, Time zone and other geographic information, Do Not Track preferences and Connection. Additionally, by accepting this Agreement and using our Services, you consent to receiving commercial and marketing messages from us or our advertising partners and relationship and transactional messages from us in various formats. If you want to opt-out of receiving advertisements tailored to you in this manner, please follow the opt-out procedures listed below:
PUSH NOTIFICATIONS: You may opt out of receiving push notifications by changing the settings regarding notifications on your device (the method of opting out may differ depending on the device). This will not affect advertisements placed by any other entity.
"CROSS-APP" ADVERTISING ON MOBILE DEVICES. You can opt out of having your mobile advertising identifiers used for certain types of interest-based mobile behavioural advertising, by accessing the "settings" on your mobile device. The method for doing so may differ depending on the make and model of the mobile device and the current operating system installed on the mobile device.
ONLINE INTEREST-BASED ADVERTISING: You may opt out of the platforms and service providers that facilitate online interest-based advertising by visiting the Digital Advertising Alliance's consumer education and opt-out page, at http://www.aboutads.info/. This is a cookie-based opt out, meaning that you may need to opt out again if you replace or upgrade your web browser, or if you delete your cookies. To be clear, opting out will not stop all advertisements; rather, you will see less advertisements that are customized for and targeted towards you.
OTHER. Companies that advertise on our Services may also provide ways for you to opt out from or limit their collection of information from and about you. It is recommended that you to refer to the privacy policies for any retailers, advertisers, applications, websites, or other applicable companies.
5. License Grant:
5.1. In connection with the Services, notify.live grants You, for your limited use, a term-limited, revocable, non-transferable, non-exclusive revocable license, subject to your agreement to and full compliance with this Agreement.
5.2. Further, notify.live reserves the right to change the form and nature of the Services at any time, solely at notify.live's discretion, with or without notice to you. notify.live may offer updates to the Services, from time to time for feature and functionality improvements, upgrades, security purposes or other purposes, at its sole discretion. notify.live also reserves the right to discontinue some parts of or all of the Services provided and may revoke your right to use the Services at any time.
6. Financial Transactions:
You may have an account without paying to participate in certain features or services of the Site or the Services. However, notify.live may charge subscription or other fees to access certain Services. You acknowledge and agree that notify.live is authorized, but not required, to act on payment instructions received from anyone using Your account. You authorize notify.live to
(A) initiate debits or charges against Your financial account or credit or debit card periodically for the amount then due for purchases made; and
(B) initiate any other debits or charges authorized by You or anyone using the notify.live account registered to You.
All payments must be made in U.S. dollars from a U.S. bank or via alternative payment methods made available by notify.live. You acknowledge that transactions may be facilitated by a third-party payment processor (the "Processor") and agree that notify.live may share Your information, including information about Your financial accounts, with the Processor for this purpose. You acknowledge that notify.live is not responsible for the information collection, usage and disclosure practices of any Processor.
7. Termination of your notify.live Account: notify.live may modify or discontinue (in whole or in part) the Services or your Account with us, with or without notice, for any reason without liability to you, any other user, or any third party. Without limiting the foregoing, we reserve the right to terminate your Account immediately for any reason or no reason at all.
8. Prohibited Conduct. YOU AGREE NOT TO:
8.1 use the Services for any fraudulent, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person;
8.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the Services, or any Materials (as defined in Section 11, below);
8.3 delete the copyright or other proprietary rights on the Services;
8.4 use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
8.5 use the Services if You are under the age of 18 years old;
8.6 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of the Services, or features that enforce limitations on the use of the Services;
8.7 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.8 modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
8.9 intentionally interfere with or damage operation of the Services, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
9. Third-Party Transactions:
9.1 Advertisements. notify.live may send you commercial and marketing messages in various formats. You expressly consent to receive these commercial and marketing messages. notify.live does not endorse any information, materials, products, or services contained in or accessible through Advertisements. Accordingly, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services are solely between You and such advertiser. ACCESS AND USE OF ADVERTISEMENTS, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH ADVERTISEMENTS SITES IS SOLELY AT YOUR OWN RISK.
9.2 Otherwise. If You choose to access web sites, applications, services or content, or purchase products from third parties, including without limitation through third-party payment vendors through Advertisements, your personal information may be available to the third-party provider. If you choose to visit or use any third-party products or services, please note that notify.live policies will not apply to your activities or any information you disclose while using third-party products or services or otherwise interacting with third parties. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies, if any, and not our policies. notify.live has no responsibility for any third party's policies, or any third party's compliance with them.
10. Confidential Information:
10.1. During the course of using our Services You may receive notify.live's Confidential Information. "Confidential Information" shall mean any information, technical data, or know how considered proprietary by notify.live including, but not limited to, the notify.live's research, development, derivations, documentation, designs, drawings, diagrams, engineering, products, customer information and lists, formulae, software, trade secrets, services, inventions, pricing information, processes, specifications, marketing, techniques, procedures, data, concepts, financial, sales, manufacturing, operational, strategic planning, budgeting and other information disclosed by the notify.live to You, as well as information and material generated by You that contains, reflects or is derived from notify.live's Confidential Information. The disclosure may be directly or indirectly in writing, orally, by inspection or by access.
10.2. You agree not to use Confidential Information for any purpose other than to perform obligations described herein or as explicitly permitted by notify.live in writing. You agree not to alter, modify, disassemble, reverse engineer, design around or decompile any of the materials unless permitted in writing by notify.live.
11. Termination; Terms of Service Violations:
11.1 notify.live You agree that notify.live, in its sole discretion, for any or no reason, and without penalty, may terminate your use of the Services or the Account at any time. notify.live may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services may be effected without prior notice and You agree that notify.live will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies notify.live may have at law or in equity.
11.2 You. Your only remedy with respect to any dissatisfaction with
(i) the Services
(ii) any term of this Agreement, or
(iii) any policy or practice of notify.live in operating the Services, is to terminate this Agreement, delete the notify.live Account and opt-out of receiving commercial and marketing messages. You may terminate this Agreement at any time by discontinuing use of any and all parts of the Services.
12. Ownership; Proprietary Rights: The Services are owned and operated by notify.live and its partners. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Services provided by notify.live (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Services (excluding any Materials on third-party websites) are the property of notify.live or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to notify.live or its affiliates and/or third-party licensors. Except as expressly authorized by notify.live, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. notify.live reserves all rights not expressly granted in this Agreement.
13. Indemnification: You agree to indemnify, save, and hold notify.live, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, any violation by You of this Agreement, or any breach of the representations, warranties, and covenants made by You herein. notify.live reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify notify.live, and You agree to cooperate with notify.live's defence of these claims. notify.live will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
14. Disclaimers; No Warranties:
14.1 No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, notify.live, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM notify.live OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 14 THE TERM notify.live INCLUDES notify.live’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
14.2 "As is" and "As available" and "With All Faults". YOU EXPRESSLY AGREE THAT USE OF THE SERVICES INCLUDING BUT NOT LIMITED TO INSTALLATION OF THE ACCOUNT PROFILE IS AT YOUR SOLE RISK. THE SERVICES AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITH NO ASSURANCES THAT THE SERVICES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, BUGS, DISABLEMENTS OR OTHER CIRCUMVENTION. notify.live, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
14.3 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOUR USE AND ACCESS OF THE SERVICES INCLUDING INSTALLATION ACCOUNT PROFILE IS AT YOUR OWN DISCRETION AND RISK.
15. Limitation of Liability and Damages:
15.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL notify.live OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICES, OR ANY OTHER INTERACTIONS WITH notify.live, EVEN IF notify.live OR A notify.live AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, notify.live'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
15.2 Limitation of Damages. IN NO EVENT WILL THE TOTAL LIABILITY OF notify.live OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
15.3 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT notify.live HAS OFFERED ITS SERVICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND notify.live, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND notify.live WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
15.4 Limitations by Applicable Law. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
15.5 Consumer End Users (Outside of the USA). This Section 15.5 applies only if You reside and use the Services and outside of the United States.
(A) Warranties. The limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods for solely personal use otherwise than in the course of business outside of the U.S.A. The limitations or exclusions of warranties, remedies or liability contained in this Agreement apply to You to only the extent such limitations or exclusions are permitted under the laws of the jurisdiction where You are located.
16. Dispute Resolution:
16.1 Generally. In the interest of resolving disputes between You and notify.live in the most expedient and cost effective manner, You and notify.live agree that any and all disputes arising in connection with this Agreement shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, You and notify.live are each waiving the right to a trial by jury or to participate in a class action.
16.2 Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to
(i) bring an individual action in small claims court,
(ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available,
(iii) seek injunctive relief in a court of law, or
(iv) to file suit in a court of law to address intellectual property infringement claims. notify.live in settlement of the dispute prior to the arbitrator's award.
16.3 No class actions. YOU AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and notify.live agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
16.4 Modifications. In the event that notify.live makes any future change to this arbitration provision (other than a change to the notify.live address for Notice), You may reject any such change by sending us written notice within 30 days of the change to notify.live's address for Notice, in which case your use of the Services shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
17.1 Notice. notify.live may provide You with notices, including those regarding changes to this Agreement, by posting the notice on notify.live. Notice will be deemed given twenty-four hours after posting.
17.2 Governing Law. This Agreement shall be interpreted in accordance with the laws of the State of New York and the United States and the federal court in the Southern District of New York County, New York shall have sole jurisdiction over any disputes hereunder.
17.3 Waiver. The failure of notify.live to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by notify.live.
17.4 Severability. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
17.5 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by notify.live without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
17.6 Survival. Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
17.7 Headings. The heading references herein are for convenience purposes only, do not constitute a part of the terms of this Agreement, and will not be deemed to limit or affect any of the provisions hereof.
17.8 Entire Agreement. This Agreement constitutes the entire agreement between You and notify.live relating to the subject matter herein and will not be modified except in writing, signed by both parties.
17.9 Claims. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICES, INCLUDING THE INSTALLATION OF THE ACCOUNT PROFILE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.