Please read these terms and conditions carefully before signing up for, or using PushMon. By using the PushMon service, you are agreeing to be bound by the following terms and conditions.
- You must not use PushMon for any illegal, unauthorized or abusive purposes.
- You are solely responsible for the security of your account and keeping your password safe. PushMon will not be liable for any loss or damage from your failure to maintain the security of your account.
- You agree to immediately notify PushMon of any unauthorized use of your account or any breach of security.
- Only one free account per person or legal entity is allowed.
Termination and Cancellation
- You may cancel your PushMon account at any time using the PushMon dashboard provided that any past invoices have been paid. PushMon does not accept cancellations via email or phone.
- PushMon can terminate an account at any time, with or without notice, due to violation on any of the terms specified herein.
- PushMon is currently free of charge. We reserve the right to change this at any time.
- You must provide PushMon with accurate billing information and keep this information up to date. This applies to all paid accounts, and also for free accounts if you are using and paying for any extra services.
- By subscribing to the Service you give PushMon the right to charge your credit card, or bill you via other payment methods, for fees connected with the Service such as renewal fees or fees for extra services.
- The PushMon Service is a subscription service. You pay in advance for each billing cycle on the first day of that cycle.
- Your PushMon account will be renewed automatically until you cancel the Service.
- You are responsible for all charges incurred related to your PushMon account, including any applicable taxes or extra service fees.
- The first 30 days of a new, paid account are free of charge and act as a free trial period. Unless you cancel your paid account or change it to a free account before the billing is processed on the 30th day after signup you will be billed for the first billing cycle (the one you chose when signing up).
- You can at any time change between different billing cycles. The new billing cycle length takes effect after the expiration of the current cycle (i.e. at the next renewal date).
- You can at any time upgrade or downgrade to a different PushMon account type inside the PushMon dashboard. The change to your account type will take effect immediately and apply to all future invoices.
- After an upgrade you will be billed right away for the remaining time until the next renewal (the amount will be reduced with what you have already paid). After a downgrade you will be billed at the next renewal date.
- If you wish to ask for a refund or have an invoice cancelled, you need to contact us within 7 days of the invoice date. The email needs to contain your PushMon user id (the email you use to log in to PushMon) and the invoice number of the invoice in question.
- The PushMon API is provided “as is” and “as available”.
- The API is subject to change and may be modified from time to time.
- You must not use an excessive amount of API requests and querying. What is considered excessive is decided at the sole discretion of PushMon.
- PushMon reserves the right to limit the amount of allowed requests to the API (throttling).
- PushMon reserves the right to block the use of the API entirely for specific accounts or IP addresses if they are deemed by PushMon to be using the API in an excessive manner.
- PushMon reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on the PushMon.com website and other communication with existing or potential PushMon customers. To decline PushMon this right you need to contact us stating that you do not wish to be used as a reference.
- These terms and conditions may be updated from time to time without prior notice. The current Terms of Service are always available at http://www.pushmon.com/cms/terms.
- PushMon is provided “as is” and “as available”. We do not guarantee 100% up time.
- PushMon reserves the right to modify the service at any time, including adding and removing features.
- PushMon reserves the right to change the plans and prices of the service at any time.
- PushMon gives no warranties on the accuracy, timeliness, completeness, performance and suitability of the service.
- PushMon gives no warranties regarding the correctness of its data, or any potential corruption or loss of such data. PushMon shall not be held liable for any such decisions or claims based on such data.
- The PushMon website contains materials which is owned by or licensed to PushMon. You must not reproduce any materials, or hold PushMon responsible for the content or any materials of other website(s) which may be linked to from this website.
Limitation of Liability
- You expressly understand and agree that PushMon shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, income, productivity, goodwill, use, data or other intangible losses (even if PushMon has been advised of the possibility of such damages), resulting from: 1. the use or the inability to use the PushMon service; 2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the PushMon service; 3. unauthorized access to or alteration of your transmissions or data; 4. statements or conduct of any third party on the PushMon service; or 5. any other matter relating to the PushMon service.
- In no event shall PushMon’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for using the service.
- This contract shall be governed by the laws of the State of Connecticut.
- Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be solved by the U.S. District Court of Connecticut.
- If any part of this Terms of Service would be determined by any competent authority to be invalid, unlawful or unenforceable, the remainder of the Terms of Service shall continue to be valid and enforceable to the fullest extent permitted by law.
- If you have any questions regarding this Terms of Service, please contact us.