1. Terms

By using the Pushy LLC ("Pushy") website, dashboard, APIs, and SDKs (the "Service"), you (the "Client") are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Service. The materials contained in this Service are protected by applicable copyright and trademark law.

2. Use License

1. Permission is granted to make use of the Service for personal and commercial use. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the Service for any illegal activity;
   3. attempt to decompile or reverse engineer any software provided by this Service;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or "mirror" the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Pushy at any time.

3. Disclaimer

1. The materials on the Service are provided "as is". Pushy makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Pushy does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of its Service or otherwise relating to such materials or on any websites linked to by the Service.

4. Limitations

In no event shall Pushy or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Service or application, even if Pushy or a Pushy authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on the Service could include technical, typographical, or photographic errors. Pushy does not warrant that any of the materials on its Service are accurate, complete, or current. Pushy may make changes to the materials contained on its Service at any time without notice. Pushy does not, however, make any commitment to update the materials.

In addition, Pushy reserves the right to make modifications to the Service with regard to how Clients interact with the Service, either directly or indirectly, in an effort to prevent Service abuse.

6. Links

Pushy has not reviewed all of the external websites linked to by the Service and is not responsible for the contents of any such linked website. The inclusion of any link does not imply endorsement by Pushy of the website. Use of any such linked website is at the Client's own risk.

6. Billing

Pushy reserves the right to charge its Clients a dynamic monthly fee based on metered usage calculations. If the payment method on file cannot be charged, the Client will be notified via e-mail immediately. If the issue is not rectified within 2 weeks, Pushy reserves the right to suspend the Client's account and stop providing the Service for the Client until the Client resolves any outstanding billing issues. Pushy may then charge an additional late fee of $10 in addition to the accumulated monthly balance for every late payment.

7. Changes to the terms

At its discretion, Pushy may update these terms at any time, notifying existing Clients via e-mail of any changes. Your continued use of the Service following the posting of changes to these terms will be deemed your acceptance of those changes.

8. Your acceptance of these terms

By using this Service, you signify your acceptance to these terms. If you do not agree to these terms, please do not use our Service.

This Privacy Policy governs the manner in which we collect, use, maintain and disclose information collected from Clients (each, a "Client") of the Pushy LLC ("Pushy") website, dashboard, APIs, and SDKs (the "Service").

1. Personal identification information

We may collect personal identification information from Clients in a variety of ways, including, but not limited to, when Clients visit our Service, register an account on the Service, fill out a form, send data to our APIs, and in connection with other activities, features or resources we make available on our Service. We will collect personal identification information from Clients only if they voluntarily submit such information to us. Clients can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Service-related activities.

Account Information: We collect your first and last name, e-mail address, password, country, and company name if voluntarily submitted.

Device-related Data: We collect and store the IP address, device manufacturer name, and device model name, of any device that interacts with our Service. For Android devices, we also collect the ANDROID_ID device identifier to recognize the device between app reinstalls, for billing purposes.

Service-related Data: We collect and store any information you voluntarily submit to us on behalf of your company or users when interacting with our Service, including any data sent to our APIs, to fulfill our obligations to you in this Service.

Payment Information: We collect your credit card information if voluntarily submitted. All credit card information is stored and secured by Stripe, Inc., a trusted online payment processor. Pushy does not store any credit card payment data in its own systems, apart from the last 4 digits of your credit card number.

2. Non-personal identification information

We may collect non-personal identification information about Clients and their users whenever they interact with our Service. Non-personal identification information may include the visitor's IP address, browser name, the type of computer or mobile device, and technical information about means of connection to our Service, such as the operating system and other similar information.

3. Web browser cookies and logs

Our Service may use "cookies" to enhance the Client's experience. The Client's web browser may set cookies for record-keeping purposes and sometimes to track information about the Client. The Client may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Service may not function properly.

Our Service makes use of Google Analytics to track Client interactions with our Service. This information allow us to better understand how and when Clients interact with our Service, helping us to improve the Service in the future.

Our Service makes use of log files, which track actions occurring on the Service. These log files may include data such as IP addresses, browser user agents, Internet service providers, requested/referring/exit pages, date/time stamps, and any other data sent to our Service, including data sent to our APIs.

4. How we use collected information

We may collect and use your personal information for the following purposes:

• To operate our Service - we may use the data you provide to fulfill our obligations to you in this Service, and to ensure the successful operation of our product.
• To improve our Service - we may use the data and feedback you provide to improve our product offering.
• To send periodic e-mails - we may use your e-mail address to send you e-mails with updates about our products (which you may opt out of), and to respond to inquiries, questions, and/or other requests made by you.
• To personalize user experience - we may use information in the aggregate to understand how our Clients as a group use the resources provided on our Service.

5. Where we store your information

Our Service is hosted on servers located in the United States. If you are accessing our Service from outside the United States, please be aware that your information may be transferred to, stored, and processed in facilities in the United States.

If you are a resident in the European Economic Area, then these facilities may not have data protection or other practices as comprehensive as those in the EEA. We will however take all necessary measures to protect your personal information in accordance with this privacy policy and applicable law.

6. How we protect your information

We adopt appropriate data collection, encryption, storage, and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, e-mail address, password, and other data stored on our Service.

Sensitive and private data exchange between the Service and its Clients happens over a TLS/SSL secured communication channel and is encrypted and protected with digital signatures.

7. When we discard your information

We only store your personal information for as long as necessary for the purposes set out in the Terms of Use and this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). Under no circumstance in this policy shall we store your personal information for longer than 90 days past the termination date of your account.

Any information you submit to us as part of your interaction with our Service, including data sent to our APIs, is discarded within 90 days of the moment it is no longer required in order to fulfill our obligations to you in this Service.

8. Sharing your information

We do not sell, trade, or rent Clients' personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information with our business partners and trusted affiliates for the purposes outlined above.

9. Third party links

Clients may find content on our Service that links to the sites of our partners, suppliers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by external sites linked to or from our Service. In addition, these sites, including their content and links, may be constantly changing. These sites may have their own privacy policies and customer service policies. Browsing and interaction on any other site, including sites which have a link to our Service, is subject to that site's own terms and policies.

10. Your rights as a European resident

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please send an e-mail to privacy@pushy.me.

Additionally, please note that we process your information in order to fulfill contracts we might have with you, or otherwise to pursue our legitimate business interests listed above.

Please refer to our Data Processing Addendum (DPA) for more information on how personal information is processed in a lawful and transparent manner.

11. Changes to this privacy policy

At its discretion, Pushy may update this privacy policy at any time, notifying existing Clients via e-mail of any changes. Your continued use of the Service following the posting of changes to this policy will be deemed your acceptance of those changes.

12. Your acceptance of these terms

By using this Service, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Service.

If you have any questions about the Terms of Use or Privacy Policy, the practices of this Service, or your dealings with this Service, pleases send e-mail to contact@pushy.me.