Pushify.com - Terms of Use Agreement

  1. General Information and Definitions:

    1. Intelligent Idiots Techno Pvt. Ltd ("IITPVL" or "we" or "us", which term shall, unless the same be repugnant to the meaning or context thereof, be deemed to include its subsidiaries, successors and permitted assigns), a company incorporated under the provisions of the Companies Act, 1956, having its registered office 3rd Floor, sQuareindia Enclave, Ring Road, Vizianagaram-535002, Andhra Pradesh, India engaged in the business of development of software applications for mobile phones and owns and operates a website 'www.Pushify.com' (hereinafter referred to as the "Website", which term shall, unless repugnant to the context thereof, include any related applications, including mobile phone applications) whereby IITPVL, based on information collected from the visitors to the Customer's website, provides certain software and data based services to its customers in relation to their products, services, or any other information and/or content ("Pushify Service(s)");

    2. The terms, conditions and notices contained hereunder shall govern and apply to your use of our Website and/or the Pushify Service ("Terms"). Your use of the Website and the Pushify Service is subject to your acceptance and compliance, without any modifications, of the Terms and IITPVL's Privacy Policy (the "Privacy Policy"), which shall collectively be referred to herein as the "Terms of Use", unless otherwise provided. Further, by using the Website and/or availing the Pushify 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.

    3. IITPVL reserves the right to change the Terms of Use, or the Website or the Pushify Services, including modifying, supplementing, altering, terminating or discontinuing any content, feature or service of the Pushify Services on the Website or any related applications (including the mobile phone based applications). Any changes in the Terms of Use shall be updated on the Website with reference to the date of such change. We shall give you a period of at least 1 (one) month from the date of such change to adhere to the same. In this regard, you are advised to regularly check the Terms of Use for any such changes. Your continued use of the Terms of Use pursuant to any such changes will be deemed to be your acceptance of the same. You may reject any such changes by ceasing to avail the Pushify Services or termination or cancelling your Account (defined below) on the Website.

  2. Your Account and use of the Website and Pushify Service:

You shall be given access to avail the Pushify Service by registration and creation of an account on the Website ("Account"). Please ensure that at the time of creation of your Account, you provide us with all accurate and complete registration information as on date.

  1. Code of Conduct:

    1. You agree to use the Pushify Service as per the Terms of Use and as per applicable laws and regulations. You agree to not use the Website/Pushify Service for any unlawful purpose or in any manner not intended by IITPVL or as contemplated herein.

    2. You shall be responsible for the safety and security of your passwords. You agree to notify us immediately in the event of any unauthorized access or use of the information provided by you in your Account.

    3. You shall not access the Website/Pushify Service for the purpose of creating a product or service competitive with the Website and/or the Pushify Service.

    4. You agree and undertake to recall/take down any such notification that violates the Terms of Use.

    5. You agree not to restrict or prevent any other Customer and/or end user from using the Website/Pushify Service, including without limitation, by means of 'hacking' or defacing any portion of the Website.

    6. You agree not to express or imply that any statements you make are endorsed by us, without our prior express written consent.

    7. You agree that you will not copy, reproduce, sell, re-sell or trade any services provided by IITPVL by way of your notifications, unless the same has been specifically agreed to in writing by IITPVL.

    8. You shall not:

      1. Transmit or send notifications which

        • contain any information, data, text or other content that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights, harassing, blasphemous, pornographic, pedophilic, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

        • contain any material or non-public information about companies without the authorization to do so;

        • contain any trade secret of any third party;

        • contain any advertisements, solicitations or other unsolicited commercial communication (except as otherwise expressly permitted by us);

        • belongs to another person and to which you do not have any right to use;

        • impersonates another person;

        • violates any law for the time being in force;

        • harms minors in any way;

      2. Engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "grieving" as those terms are commonly understood and used on the Internet;

      3. Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, etc.;

      4. Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Website and/or the Pushify Service;

      5. Remove, alter, conceal any copyright, trademark, patent or other proprietary rights notices contained in the Website and/or Pushify Service;

      6. Link the Website or any information, data, text or content thereon to any third party website or portion thereof without IITPVL's prior written consent;

      7. Reproduce, crawl or frame the Website and/or the Pushify Services on or from any other website and/or mobile application.

  2. Intellectual Property Rights and Restrictions on use:

    1. It is hereby agreed and acknowledged that IITPVL owns all legal rights, title and interest in and to the Website and the Pushify Services and any information, data or content displayed therein. You hereby acknowledge that you do not acquire any rights, title or interest in or to the Website and the Pushify Services and/or the information, data or content displayed therein.

    2. Further, it is agreed and acknowledged that you shall have all rights, title and interest in all information, data, text or other content created by you for the purpose of sending notifications to the end users using the Pushify Services and any liability arising from the same shall solely be your responsibility. IITPVL shall obtain no right, title or interest from you under these Terms of Use in or to any information, data, text or content in relation to the notifications, whether those rights are registered or not. You must bear all risks for the unauthorised access and use of any such information, data, text or other content. We shall not be responsible or liable to you or any third party for any information, data, text or content that you create or display or for any loss or damage arising as a consequence of your actions.

    3. Any information, data or content provided by us on the Website is purely intended to educate and inform you about IITPVL, the Website and the Pushify Service. The same can be used solely to the extent necessary for your authorized use of the Website as provided under the respective commercial arrangement. You shall not, in any manner whatsoever modify or use such information, data, text or content for any other purpose as the same may constitute violation of any intellectual property rights owned by us in such information, data, text or content and hence the same is strictly prohibited.

    4. The intellectual property owned by IITPVL, whether registered or not, shall not be used by you in connection with any products or services that is likely to cause confusion among the end users or in any way that undervalues IITPVL. Nothing contained on the Website or the Pushify Service shall be construed as granting, by implication, estoppels or otherwise, any license or right to use any intellectual property without the permission of IITPVL. Misuse of any intellectual property owned by IITPVL is strictly prohibited and IITPVL shall enforce its intellectual property rights in such intellectual property, including via civil and criminal proceedings.

  1. Third parties:

Any reference to any third party on the Website is provided purely for your informational purposes. While IITPVL uses its best endeavor to ensure that the information provided on the Website is true and accurate as on date, IITPVL does not warrant the accuracy of the same and shall not be liable for any fallacy in such information displayed on the Website or its appropriateness for any purpose thereof.

  1. Modification of the Pushify Service and the Platform:

IITPVL endeavors to constantly improve the Pushify Service through innovation to provide the best to the Customers. You acknowledge and agree that you shall accept and adapt to such innovations as and when the same are implemented. We shall notify you of any such changes as and when the same are made.

  1. Jurisdiction and Dispute Resolution:

    1. These Terms and the privacy policy available separately on the Website shall be governed by and construed in accordance with the laws of India.

    2. In the event of any dispute concerning the validity, interpretation and/or application of these Terms between you and IITPVL, both parties agree to submit to the exclusive jurisdiction of the courts of Vizianagaram to resolve any dispute arising out of the Terms of Use or your use of the Website and/or the Pushify Service.

    3. Your access and use of the Website and/or the Pushify Service is not permitted in any jurisdiction that does not give effect to all provisions of the Terms, including without limitation, this section.

  2. Disclaimers and Liability:

    1. You expressly understand and agree that your use of the Website and/or the Pushify Service is at your sole risk and that the same are provided on a "as is" and "as available" basis without any express or implied warranty as to fitness for any purpose, merchantability and non-infringement.

    2. In using the Website and the Pushify Service, you agree that IITPVL or any of its employees, contractors, partners, sponsors, advertisers or others, are not responsible or liable for any content or items, including but not limited to any text, information, images including photographs or graphics, audio clips, video clips, and web-links transmitted by you by means of the notifications to the end users using the Pushify Service.

    3. As between you and IITPVL, you hereby assume all risk of harm or injury resulting from any lack of compliance of the Terms of Use by you.

  3. Consequences of breach of the Terms of Use:

    1. IITPVL shall be entitled to and reserves the right to restrict, suspend or terminate your Account or deny you access to the Website and/or the Pushify Service or take such other action as it deems appropriate, with or without notice to you, if it determines, in its sole discretion, that such restriction, suspension and/or termination is necessary, and you agree that IITPVL will not be liable to you or any third party for such restriction, suspension and/or termination. Upon suspension or termination of your Account, we reserve the right to remove or delete your information that is available with us, including but not limited to your login, account information and information posted by you.

    2. The restriction, suspension or termination of your Account or your access to the Website and or the Pushify Service, pursuant to this section will be without prejudice to any rights which IITPVL may have against you in respect of your breach of the Terms of Use.

    3. IITPVL shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as IITPVL in its sole discretion considers reasonably necessary or appropriate.

  1. Indemnity:

You agree to indemnify and hold each of IITPVL, its directors, representatives, employees, consultants, contractors, advertisers and sponsors and their directors, officers, employees, consultants, agents and other representatives harmless from any and all claims, demands, damages, losses, costs including reasonable attorney’s fees, that may arise due to (a) your use of the Website and/or the Pushify Service; (b) the breach of the Terms of Use by you, including any violation of the Code of Conduct above; or (c) the infringement by you of any intellectual property or other right of IITPVL or any other person or entity.

  1. FEES, BILLING, TAXES, CHARGES:

    11.1 Fees

    The fees set forth in the order form created at the outset of “Customer’s” account shall be effective for the Initial Term and each renewal Term of this Agreement, provided that IITPVL shall have the right to revise these fees at any time upon thirty (30) days written notice to Customer. In the event that Customer does not agree with such fee revision, Customer shall have the right to terminate this Agreement upon thirty (30) days written notice, provided that such notice of termination must be received within thirty (30) days of date of notice of the fee increase.

    11.2 Billing and Payment Arrangements

    IITPVL will bill Customer on annual/monthly/quarterly/half yearly or any other mutually agreed period basis for all recurring fees (refer the link for payment/subscription plans). One‐time fees, including late payment fees, invoice processing fees, and returned check fees may occur at any time. No refunds or adjustment shall be issued for one‐time fees. For recurring fees, no refund or adjustment for plan downgrades, upgrades or elimination of plan features within the current billing term shall be issued. Invoices/payments are irrevocably deemed final and accepted by Customer unless disputed or sought clarification within thirty (30) days from the date of issue. Customer shall at all times provide and keep current and up‐to‐date Customer’s contact, credit card, if applicable, and billing information on the administrative control panel.

    11.3 Payment by Credit Card/ Wire Transfer/Cheque:

    For payment IITPVL shall only provide an electronic invoice to Customer. Customer may view and print an invoice for Customer’s account (available in product’s interface). If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable at the beginning of the Initial Subscription Term and all subsequent Billing Periods, including upgrades. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. IITPVL can allow any other mode of payment on special requests and circumstances of the Customer.

    11.4 Taxes

    Customer acknowledges that the all applicable taxes, duties or government levies whatsoever are not included in the fees and expenses charged under this Agreement. Customer will make timely payment of all such taxes, duties or government levies related to this Agreement.

  1. Vanity Sub Domain Dispute:

The rights to allocate, cancel, delete and settle all the disputes related to Sub Domains lies with IITPVL.

  1. Usage and restrictions

The initial versions of Pushify are only for the integration with the websites of companies, Brands, Celebrities and corporate. We are not liable to resolve any query of the user’s which do not fall under any of the above categories.

General:

    1. If any provision of these Terms is unenforceable as determined by a court of competent jurisdiction under your national law, then such provision shall be struck out. All remaining provisions shall remain in full force and effect.

    2. If we delay or fail to act in respect of any breach by you of these Terms, this will not operate as a waiver of our right to act in relation to subsequent or similar breaches by you.

    3. Notices: If you need to give us notice of anything, you must write to us in English at [Support@pushify.com]. If we need to give you notice of anything, we shall write to you at the email address you provide to us, either during the registration process of your Account or any other email address you may provide to us. Notice shall be deemed given 24 (twenty four) hours after an email is sent, unless the sender is notified that the email address is invalid or receives any ‘delivery failure’ notification. If you have any questions about this, please contact [Support@Pushify.com].

Copyrights ©2017 intelligentidiots tech pvt. ltd.

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