1. General provisions
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 company’s official website. By continuing to use the Service you agree to the Terms and the 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 your parent’s or guardian’s permission to use the Service and gotten your 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 the 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).
Service administration — authorized employees acting on behalf of SendPulse Inc.
Push notifications — short messages which are generated by the server and sent to the subscribers on a periodic basis or under a certain event.
Push subscriptions — subscriber's consent to receive push notifications.
1.2. Provided Services
The service allows users to collect push subscriptions, automatically send web push notifications to user's subscribers, exploit user's database, monitor the statistics of sent and read web push notifications, monetize push notifications sent by the service to subscribers.
The use of the service is free of charge.
1.3. The use of the service
The use of the service is performed with the help of the existing SendPulse user account — user's personal account in the SendPulse service (https://sendpulse.com). If a user does not have a personal SendPulse account, they should register on the official website (https://sendpulse.com/register) according to the instructions provided during the registration procedure.
During registration, the user fills in the required fields with personal information (name, email address, telephone number) and specifies a password which the user will subsequently use to access their account. The user is not allowed to give their username and password to a third party. The user bears full responsibility for the safety of their username and password.
All personal information is subject to the terms and policies of the service and can be used by employees of the service to contact the user.
The user is obligated to provide valid information during the registration process; users who provide invalid contact information will be deprived of use of the service.
The user bears full responsibility for the accuracy of data entered during the registration, including billing information required to withdraw funds.
The service does not verify users' billing information and is not responsible for mistaken transferring of funds, provided that such transfer has been performed in strict adherence to the billing information indicated by the user.
2. Monetization and funds withdrawal
Depending on the frequency predefined by the user, the service automatically sends web push notifications with relevant ads and news based on subscribers' interests.
Depending on the number of web push impressions or web push link clicks, the service transfers funds to the user’s account balance.
The payment unit for funds charged to the user (the number of web push impressions or web push link clicks) is defined by the service for each individual web push campaign, depending on the conditions of an advertiser of the given campaign.
Funds for the number of web push impressions or subscribers’ clicks on the links are charged based on the price stipulated by the advertising service provider.
At any time, the user has the right to request funds withdrawal using billing information indicated in the service settings.
Minimum payout amount varies from 5 to 100 US dollars depending on the selected payout type.
The user can request funds withdrawal in service settings. Funds can be withdrawn both manually and automatically with the predefined frequency.
Regardless of the method used for forming and forwarding the withdrawal request, the service transfers funds only on Mondays and no more than once a week.
In case of a manual withdrawal request, funds are transferred no sooner than the following Monday after the request was sent.
Funds withdrawal can be delayed in the event of the occurrence of force majeure circumstances as well as any cases of malfunctions in telecommunication, computer, electrical and other related systems; delays in the operation of transfer systems, banks, payment systems. Funds withdrawal can be delayed for the duration period of the above-mentioned circumstances.
3. Obligations of the parties
3.1 Obligations of users
The user is obliged to:
- ensure the confidentiality of their username and password for accessing their account on the service, and not allow third parties to use their account;
- provide valid personal data to the service;
- bear responsibility for the validity of all information uploaded while using the service;
- not use the service to send spam;
- provide the recipients with an option to unsubscribe at any time;
- provide 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.
You represent and warrant that your use of the service will comply with all the applicable laws and regulations. You are responsible for determining whether our services are suitable for you to use in light of any regulations. You may not use the service for any unlawful or discriminatory activities.
3.2. Obligations of the service
The service is obliged to:
- provide the user with the required functionality indicated in the Terms;
- ensure constant access to the service with the username and password that the user has chosen.
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
You assume full responsibility for any loss that results from your use of the service, including any downloads from the service. The company is not liable for damages under any circumstances, even if the company has been advised of the possibility of those damages. We provide the materials and the service as is. That means we do not provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness 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.
The service administration bears no responsibility for delays or failures in the process of performing transactions, that arose due to the occurrence of force majeure circumstances as well as any cases of malfunctions in telecommunication, computer, electrical and other related systems; operations of transfer systems, banks, payment systems and delays related to their work; proper functioning of the service if the user has no necessary facilities for its use, and shall have no warranty obligations to provide the users with such facilities.
5. Choice of law. Arbitration
The relationship between the company and the user with regard to provision of services 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.
You can contact the customer service at firstname.lastname@example.org 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. 220 E 23rd St #401, New York, NY 10010
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