Terms of Use

The Firepush software product, Firepush Ltd. (Company Registration No. 10732167) and/or its affiliated entities ("Firepush", "we" or "us") provide business owners with a selection of tools and resources that allow them to gather visitor and customer email addresses, FCM registration tokens, phone numbers, shopping data and other information to create, launch, and manage online browser push notification campaigns (the "Services").

The Services are provided subject to these terms and conditions, which also include our Anti-Spam Policy, our Privacy Policy, and any other guidelines, rules or operating policies that Firepush may establish and post on our website (the "Agreement").

These terms define the terms and conditions under which you're allowed to use Firepush, and how we'll manage your account while you're a Member. As a customer of the Service or a representative of any entity that's a customer of the Service, you're a "Member" according to this agreement (or "you").

1. Services and Support

1.1. The Firepush service is offered through the URLs firepush.io (the "Website").

1.2. An up to date browser such as Google Chrome 50+, Firefox 30+, or Opera is required in order to use the Services. A stable connection to the Internet is also required. The Services may work in a limited way on other web browsers, however they were not designed for use on web browsers other than those mentioned above.

1.3. Due to the wide variety of generation (viewing) tools available, Firepush can make no guarantee that messages will be rendered properly on all recipients' programs.

2. Account

2.1. To use Firepush, you must:

1) Be eighteen (18) years or older, and able to enter into contracts;

2) Complete the registration process;

3) Agree to the Terms, including our Anti-Spam Policy;

4) Provide true, complete, and up to date legal and contact information. If you sign up for FirePush on behalf of a company or other entity, you confirm that you have the authority to accept these Terms on their behalf.

2.2. By using Firepush, you confirm that you are a business owner and/or represent a business enterprise and will use Firepush only for business purposes.

2.3. By using Firepush, you confirm that you meet all the requirements listed above, and that you won't use Firepush in a way that violates any laws or regulations. Firepush may refuse service, close user accounts, and change eligibility requirements at any time.

2.4. If the Firepush system identifies that any email, SMS or web push campaign violates Firepush rules (for example, if your message includes prohibited content or violates the TCPA), Firepush will freeze your ability to send campaigns.

2.5. If the Firepush system detects that you've manually imported subscribers or customers, your account may be frozen until you provide more information on how these customers were collected. Firepush is required to ensure that any imported subscriber data is collected legally, with the appropriate permissions in place.

3. Term

3.1. The Term begins when you sign up for Firepush and continues as long as you use the Service. Clicking the button and installing the application means that you've officially "signed" the Terms.

3.2. By installing the Firepush application you are consenting to allow Firepush to update your privacy policy page with its terms of use.

4. Cancellations and Inactivity

4.1. You or Firepush may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause.

4.2. At any time, we may terminate our Agreement with you if (a) you have breached any condition of these Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with these Terms); (b) we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (c) the provision of the Services to you by us is, in our opinion, no longer commercially viable; or (d) we have decided to discontinue the Services (or any part thereof).

4.3. Once terminated, we may permanently delete your account and all the data associated with it from our Website.

4.4. If you don't log in to your account for 6 or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it.

4.5. For all accounts, Firepush may charge an account reactivation fee should an account need to be re-activated after it has become deactivated due to breach of this Agreement and/or long period of inactivity.

4.6. If Firepush terminates this Agreement because you breached any condition in this Agreement or any applicable laws, no refund will be issued even if you have unused prepaid amounts for Services under this Agreement.

5. Account and Password

5.1. You are responsible for keeping your account name and password confidential. You are also responsible for any account that you have access to, whether or not you authorized the use. You must notify us immediately of any unauthorized use of your account(s).

5.2. We are not responsible for any losses due to stolen or hacked passwords.

5.3. We do not have access to your current password, and for security reasons we can only reset your password.

6. Fees, Payments and Refunds

6.1. All mandatory and optional charges for the Services ("Charges") are posted on the Website. You agree to pay Firepush according to these Terms and Charges. Monthly payments are due on the same date, or the closest date, to the day you signed up with us and made your first monthly payment. If you go over your sending limit and reach another pricing level, then you will have to upgrade your current plan or wait until push limit will be reset. Reset day can be found in Settings.

6.2. Firepush is a month-to-month and usage charge based service, and you can cancel your premium subscription at any time. Your subscription fee is prepaid, so simply cancel prior to your monthly renewal date, otherwise you will be charged your next month's subscription fee. After you cancel, no further amounts will be charged to your credit card. However, you are responsible for any amounts already charged to your credit card. We do not issue refunds, even if you cancel immediately after your credit card is charged for the new billing period. In case of unsuccessful payment, we‘ll suspend paid features of your plan until a monthly payment can be processed.

6.3. We may introduce paid features at any time and change our pricing from time to time. All changes and updates for use of the Service are posted on our Website and/or sent by email.

6.4. All prices for Services are calculated in US dollars and your credit card will be charged in US dollars. Prices in other currencies are provided for information purposes only and might fluctuate depending on currency exchange rates.

6.5. As long as you are using paid Services and have an outstanding balance with us, you must provide Firepush’s Payment Gateway with valid credit card information and authorize us to deduct the monthly charges against that credit card. For any credit card nearing expiry, you need to update the information with a valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won't be rejected. If, for any reason, we are unable to process your credit card order, we'll try to charge 3 more times in the next few days. Consecutive charge retries do not change and/or extend your monthly renewal date.

6.6. You are responsible for any taxes imposed on the Services provided under this Agreement except in cases where EU legislation requires us to collect the taxes.

6.7. As a company policy, we do not provide partial refunds for unused services, unless a system malfunction caused the problem. For instance, if you pay for our Service one month and fail to use it, we cannot give you a refund. We will give you a refund for a prepaid month if we stop providing our Services to you for a reason that is not laid out in these Terms. You will not be entitled to a refund from Firepush under any other circumstances.

6.8. We reserve the right to shut down campaigns at any time if we feel that you are abusing our system in any way. If we determine that you have abused the system in any way, and we shut down your account, we do not provide refunds for unused services.

6.9. Reselling of the Services to third parties is permitted only if you sign reseller agreement with Firepush.

7. Rights

7.1 This is an Agreement for the Services, and you are not granted a license to any software under this Agreement (except to the extent required for you to use the Services).

Except to the extent that applicable laws prevent Firepush from doing so, you will not, directly or indirectly:

(i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software");

(ii) remove any proprietary notices or labels from the Services or any Software; reproduce or copy the Software or the Services or any part thereof;

(iii) modify, translate, or create derivative works based on the Services or any Software;

(iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software;

(v) create any derivative product from any of the foregoing;

(vi) without our express written permission, introduce software, automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Services;

(vii) perform or publish any performance or benchmark tests or analyses relating to the Services or the use thereof; or

(viii) allow third parties to gain access to the Services or to otherwise use the Services in any manner other than as expressly permitted in this Agreement.

7.2. The Services shall be used for your internal business purposes only and you shall not use the Services or any Software for the benefit of a third party. If you intend to use the Services as an agency for the benefit of your client, please contact Firepush in advance to let us know.

7.3 You acknowledge and agree that the Services, the Software, the Firepush company names, logos, and all related product and service names, design marks and slogans, and all other material comprising the Software or the Services, are the property of Firepush or its affiliates or suppliers (collectively, the "Marks"). Unless stated otherwise, all Marks are protected by the copyright, trade dress, trademarks and/or other intellectual properties are owned by Firepush or by other parties that have licensed their material to Firepush. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Firepush. Your use of the Services confers no title or ownership on the Services, the Software or the Marks and is not a sale of any rights on the Services, the Software or the Marks. All ownership rights remain with Firepush or its third party suppliers, as the case may be.

7.4. You represent and warrant that you either own or have permission to use all of the material in your emails. You retain ownership of any materials you upload to the Service. We may use or disclose your materials only as we describe in these Terms and our Privacy Policy.

7.5. You are solely responsible for any content and other material that you submit, publish, transmit, or display on, through, or with our Services ("Content"). You grant us a non-exclusive, worldwide, royalty-free and fully paid license to use the Content, as necessary, for the purposes of providing the Services to you and other users of the Services. All rights in and to the Content not expressly granted to us in this Agreement are reserved by you.

7.6. You acknowledge and agree that any comments, ideas and/or reports provided to Firepush ("Feedback") shall be the property of Firepush and you hereby irrevocably transfer and assign to Firepush such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.

8. Privacy Policy

8.1. In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Firepush. Firepush may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, or to communicate separately with you.

8.2 We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as a part of these Terms.

8.3. We may view, copy, and internally distribute content from your emails and account to create algorithms and programs ("Tools") that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws.

8.4. Firepush will not use any of your subscriber lists or any other customer information for any other purposes than those related to the Services. Your customer information will not be shared with any other parties.

8.5. In order to improve our Services and understand what our customers want, we track some information.

i) Shop data from Shopify

- Shopify domain: required to send web push messages
- Domain name: required to send web push messages
- Shopify shop ID: required for identification purposes
- Shop owner name: required for identification purposes
- Shop email: required to contact shop owner
- Shop support email: required to contact shop support
- Shop currency: required to provide statistical information to shop owner
- Shop currency format: required to provide statistical information to shop owner
- Shop time-zone: required to send web push messages
- Shop https enabled: required to send web push messages
- Shopify shop plan name: required for statistical purposes
- Shop owner review about Firepush app: required for statistical purposes
- Shop password enabled: required to send web push messages
- Shop country code: required for statistical purposes
- Shop single random product title: required to provide a preview inside the dashboard
- Shop single random product image and image size: required to provide a preview inside the dashboard
- Shop single random product price: required to provide a preview inside the dashboard
ii) Shop data filled in by shop owner:

- Subscribers: required to send web push messages
- Push notifications information: required to send web push messages
- Push campaigns: statistics, for support purposes
- Selected plan: statistics, for support purposes
- Firebase API key: required to send web push messages
- Firebase sender ID: required to send web push messages
- Firebase project name: required to send web push messages
- Facebook pixel: required to track and send Facebook events to Facebook platform
- Facebook catalogue URL: required so shop owner can import shop products inside Facebook ads platform
iii) Shop subscribers data:

- Reg_ID: required to send web push messages
- Time-zone: required for statistical purposes
- Platform (Windows, iOS, etc...): required to send web push messages
- Browser (Chrome, Opera, Firefox): required to send web push messages
- Device type (tablet, desktop, mobile): required to send web push messages
- Device model (iPhone, Samsung, etc...): required to send web push messages
- IP address: required to send web push messages
- Email address: required to send email campaigns
- Phone number: required to send SMS campaigns
- Country code: required to send web push messages

9. Compliance

9.1. You must not use the Services to distribute illegal contests, pyramid schemes, chain letters, multi-level marketing campaigns, or any other prohibited material.

9.2. You must not use the Services to send browser push notification campaigns that link to or display nudity, obscene content, gambling related content, illegal software, viruses, or to distribute any other content that we deem inappropriate.

9.3. You must not use the Services to send unsolicited browser push notifications (sometimes called "spam"). See our Anti-Spam Policy (which forms part of this Agreement) for further information.

9.4. The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates EU laws, or other laws that may apply in your local area, is prohibited. This may include material that is obscene, threatening, harassing, libellous, or in any way a violation of intellectual property laws or a third party's intellectual property rights. If you violate any of these rules, then we may suspend or terminate your Account.

9.5. You may only use our bandwidth for your Firepush browser push notifications. We provide image hosting only for your browser push notification campaigns, so you must not host images on our servers for anything other than your browser push notification campaigns (like a website). We may stop your sending or connection through our API at our discretion.

9.6. You represent and warrant that your use of Firepush will comply with all applicable laws and regulations. You are responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you are subject to regulations (like HIPAA) and you use our Service, then we won't be liable if our Services don’t meet those requirements.

9.7. If you are located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your email distribution list, sending emails and browser push notifications via Firepush, and collecting information as a result of sending emails, you:

a) Will clearly describe in writing how you plan to use any data collected, including for your use of Firepush. You will get express consent to transfer data to Firepush as part of this process, and you will otherwise comply with whatever privacy policy you have posted.

b) Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you are sending any form of browser push notification through Firepush.

c) Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow Firepush to receive and process data and send communications to that individual on your behalf.

d) Agree to indemnify and hold us harmless from any losses, including attorney fees that result from your breach of any part of these warranties.

10. Limitation of Liability

10.1. To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team are not liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they're based on negligence or we've been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.

11. No Warranties

11.1. To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don't provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

11.2. From time to time, down-time, either scheduled or unscheduled, may occur. Firepush will work within reason to ensure this amount of down-time is limited. Firepush will not be held liable for the consequences of any down-time.

11.3. Firepush cannot guarantee that any file or program available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all files associated with the Services, and you release Firepush entirely of all responsibility for any consequences of its use.

12. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren't allowed under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

13. Liquidated Damages

In some cases, a breach of these Terms could cause damages, but proving the actual damages may be impossible. These cases will result in corresponding liquidated damages, which are a reasonable pre-estimate of the damages:

a) If you send messages that violate Anti-Spam laws and/or our Anti-Spam Policy, then the liquidated damages will be 1000 EUR.

b) If you send messages with inappropriate content as listed in this Terms, then the liquidated damages will be 800 EUR.

c) If you host images for anything other than your emails, or use our resources in any way that is not permitted by these Terms, then the liquidated damages will be 500 EUR.

14. Equitable Relief

If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

15. Disclaimers

We and our Team are not responsible for the behaviour of any advertisers, linked websites, or other Members.

16. Assignments

You may not assign any of your Rights under this Agreement to anyone else. We may assign our Rights to any other individual or entity at our discretion.

17. Choice of Law

Republic of Lithuania's laws will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the State and Federal Courts in Lithuania, and each party will be subject to the jurisdiction of those courts.

18. Force Majeure

We won't be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to changes to laws or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

19. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Rights, Compliance, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

20. Severability

If it turns out that a section of this Agreement isn't enforceable, then that section will be removed or edited as necessary, and the rest of the Terms will still be valid.

21. Interpretation

The headers are provided only to make this agreement easier to read and understand.

22. Amendments and Waiver

22.1. Amendments or changes to these Terms won't be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service ("Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there's a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don't immediately take action on a violation of these Terms, we are not giving up any rights under the Terms, and we may still take action at some point.

22.2. If you have written agreement (the “Written Agreement“) with us or our authorized reseller to use Firepush and there‘s a conflict between these Terms and the Written Agreement, the Written Agreement will control. You are bound by these Terms in all matters that are not covered in the Written Agreement.

23. Notification of Security Breach

In the event of a security breach that may affect you or anyone on your email distribution lists ("List"), we'll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you must promptly do it.

24. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Firepush Ltd, 93 Fernside road, Poole, United Kingdom, or any addresses as we may later post on the Website.

25. Entire Agreement

These Terms, our Privacy Policy, API Guidelines (all of which are incorporated into these Terms by reference), and any Additional Terms you've agreed to, make up the entire agreement and supersede all prior agreements, representations, and understandings.

Last updated: 22nd May 2018

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