Terms of Service

User Agreement

This document, herein referred to as the "User Agreement," constitutes a legally binding contract between you and PushBell, dictating the terms of your utilization of PushBell's services.

Contract Formation

Upon accessing the PushBell website, PushBell app ("Service"), or any services provided by PushBell, you hereby acknowledge and consent to adhere to the terms and conditions outlined in the following "User Agreement.”

Changes to the User Agreement

PushBell retains the right to modify and revise the User Agreement periodically, without prior notice, and at its sole discretion.

The inclusion of new features or tools into the existing Service is also subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

You may review the most up-to-date version of the User Agreement at any time by visiting https://www.pushbell.info/terms-of-service.html. PushBell reserves the right to modify the User Agreement by posting updates and changes on the Service website. It is recommended that you periodically check the Terms of Service for any updates or alterations that may affect you.

Violation

Violation of the terms specified below will lead to the immediate termination of your account. You acknowledge and accept that you are using the Service at your own risk.

Account Terms

Account Registration

To access specific features of PushBell's services, you must create an account. You commit to providing accurate, current, and complete information during registration and maintaining its accuracy.

Security Responsibility

You are accountable for keeping your account credentials confidential and for all activities under your account. Promptly report any unauthorized use or security breaches to PushBell.

Age Requirement

You must be at least 13 years old to create an account. By creating an account, you confirm that you meet this age requirement.

Account Closure

PushBell retains the right to terminate or suspend your account, with or without cause. You also have the option to close your account at any time.

Personal Use

Your account is for personal use only. You agree not to share account credentials or permit others to access your account. Violation of this may result in account termination.

User Behavior

While using your account, you agree not to engage in any conduct that violates the law or the rights of others. This encompasses unauthorized access, harassment, and infringement of intellectual property rights.

Account Information Updates

Maintaining accurate and up-to-date account information is your responsibility. PushBell is not liable for any consequences arising from outdated or inaccurate account details.

Communication Preferences

By creating an account, you consent to receive communications from PushBell related to your account and the services provided. You may customize communication preferences through the provided settings.

By creating an account, you affirm that you have read, comprehended, and agreed to these Account Terms.

General Conditions

Prior to becoming a member of the Service, you are required to carefully read, agree with, and accept all terms and conditions outlined in this User Agreement.

• We retain the right to modify or terminate the Service at our discretion, without prior notice and for any reason.
• The provision of service may be refused to any individual at any time and for any reason.
• Your use of the Service is entirely at your own risk, and it is provided on an "as is" and "as available" basis without any express, implied, or statutory warranty or condition.
• PushBell does not guarantee that the Service will be uninterrupted, timely, secure, or error-free.
• The accuracy or reliability of results obtained through the use of the service is not warranted by PushBell.
• Technical support is provided on a "best effort" basis and is accessible solely via email.
• PushBell utilizes third-party vendors and hosting partners for necessary hardware, software, networking, storage, and related technology to operate the Service.
• We reserve the right, but are not obligated, to remove Content and Accounts containing Content deemed unlawful, offensive, threatening, libelous, defamatory, obscene, objectionable, or in violation of intellectual property or these Terms of Service.
• PushBell does not guarantee that the service will meet specific requirements, be uninterrupted, timely, secure, error-free, or that errors in the Service will be corrected.
• In no event shall PushBell, its affiliates, officers, directors, and employees be liable for direct, indirect, incidental, special, consequential, or exemplary damages, including loss of profits, goodwill, use, data, or other intangible losses, even if advised of the possibility of such damages.
• All fees exclude taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment, excluding only United States (federal or state) taxes.
• If a promotional code was used to create an account with an ongoing discount, upgrading or downgrading the account will forfeit such discount immediately.
• Canceling your Service will result in the deletion of your Content.

Usage Limitations

To ensure the optimal quality and availability of the Service, PushBell enforces reasonable limitations on the rate of message transmission through our API.

• The number of messages or notifications that each user may receive is restricted to 50 notifications per day. There may be further restrictions if the message rate becomes impractical for individual consumption or adversely impacts the quality or performance of the Service.
• Automated message transmission via the Service's API is exclusive to applications ("sources") registered with the Service, assigned a unique API token. The number of messages a source can send each day is limited to 50 requests.
• A unique source is limited to one API token, and the use of multiple API tokens to bypass PushBell's rate or quantity restrictions is prohibited.
• API tokens are non-transferable and must not be shared or registered on behalf of other users of the Service.
• PushBell retains the right to terminate service for any user attempting to circumvent the established limitations, including a daily request limit of 50 messages.

Cancellation and Termination

• Immediate account termination will be enforced in response to verbal, physical, written, or any other form of abuse (including threats of abuse) directed towards any PushBell customer, employee, member, or officer.
• Upon cancellation, all your Content will be tagged for deletion from the Service. This information will be permanently removed within 30 calendar days of cancellation, and once deleted, your Content cannot be recovered.
• We retain the right to modify or terminate your Service without notice at any time, for any reason.

Entire Agreement

This User Agreement encompasses all the mutually agreed-upon terms and conditions between you and PushBell, overriding any previous agreements, whether written or oral. Any additional or divergent terms or conditions in written or oral communications from you to PushBell are rendered void. You acknowledge and affirm that your acceptance of the terms and conditions in this User Agreement is not based on any oral or written representations made by PushBell outside the scope of this User Agreement.

Severability

In the event that any provision of this User Agreement is deemed invalid or unenforceable, whether in part or in whole, such determination shall not adversely affect the validity or enforceability of the remaining provisions. The remaining provisions will continue to be valid and enforceable to the fullest extent allowed by law, and the application of the challenged provision will be enforced to the maximum extent permitted by applicable law.

Governing Law and Disputes

These terms of service are subject to German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), to the extent permitted by law. For all disputes arising from or in connection with these terms of use, the exclusive jurisdiction of the courts at the company's registered office is agreed, provided that the user is a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law. If individual provisions of these terms of use are or become wholly or partially ineffective, the effectiveness of the remaining provisions remains unaffected. The invalid provisions will be replaced by a regulation that comes closest to the economic purpose of the invalid provision. Before initiating a legal dispute or lawsuit, an out-of-court dispute resolution must be sought. For this purpose, both parties undertake to take part in a mediation process in order to reach an amicable agreement.