Terms of Service

These Terms of Service ("Terms") are a legal agreement between you and Native Notify, Inc. ("Native Notify," "we," "us," or "our") governing your access to and use of the website nativenotify.com, the Native Notify dashboard at app.nativenotify.com, the native-notify software development kit, and any related documentation, APIs, and services (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you use the Services on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" refers to that organization. If you do not agree to these Terms, you may not use the Services.

Native Notify provides push notification infrastructure for mobile applications, including mass push notifications, indie push notifications, group and topic push notifications, notification inboxes, AI push notifications, analytics, and related features. The Services are designed to work with React Native and Expo applications.

You must create an account to use the Services. You agree to provide accurate, current, and complete information, to keep it up to date, and to safeguard your credentials. You are responsible for all activity that occurs under your account. You must be at least 13 years old (or the minimum legal age in your jurisdiction) to create an account, and old enough to form a binding contract where you reside.

You must notify us promptly of any unauthorized use of your account. We are not liable for losses caused by unauthorized account use, except to the extent required by law.

You agree that you will not:

• Use the Services to send unlawful, fraudulent, harassing, defamatory, obscene, or otherwise objectionable content;
• Send notifications to devices or users who have not consented to receive them, or send spam as defined by applicable law;
• Use the Services to distribute malware or to violate the developer policies of Apple, Google, Expo, or any app store;
• Probe, scan, or test the vulnerability of the Services, or circumvent, overload, or disrupt its security or infrastructure;
• Resell, sublicense, or provide access to the Services to third parties without our prior written consent;
• Misrepresent your identity or affiliation, or use the Services on behalf of a prohibited person or entity under applicable trade controls.

We may suspend or terminate access to the Services for violations of these Terms.

You retain all rights to the content, data, and notification payloads you submit through the Services ("Your Content"). You grant us a limited, worldwide, non-exclusive license to host, process, transmit, and display Your Content as necessary to provide the Services.

You are solely responsible for Your Content, for the lawfulness of the notifications you send, and for obtaining any consents required from your end users, including consent to receive push notifications and any notices required by privacy laws. You are also responsible for complying with the terms, policies, and requirements of any third-party platforms you connect to the Services, including Expo, Apple, and Google.

You represent and warrant that you own or have the necessary rights to Your Content and that Your Content does not violate these Terms, applicable law, or the rights of any third party.

The Services include a free plan and paid subscription plans. Paid plans are described on our pricing page and are billed in advance on a recurring basis according to the plan you select. By providing a payment method, you authorize us and our payment processors to charge that payment method for the applicable subscription fees and any applicable taxes.

Unless stated otherwise at the time of purchase, subscriptions renew automatically until canceled. You may cancel at any time from your dashboard; cancellation takes effect at the end of the current billing period, and we do not provide prorated refunds for partial billing periods unless required by law. We may change our fees with prospective effect by updating our pricing page and providing notice where required.

The Services, including all software, documentation, designs, trademarks, and content provided by Native Notify, are owned by Native Notify, Inc. and its licensors and are protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services and to integrate the native-notify SDK into your applications for the purpose of using the Services. Nothing in these Terms transfers any ownership rights to you.

Feedback you provide about the Services may be used by us to improve the Services without obligation or restriction.

The Services rely on third-party platforms and services, including Expo, Apple's Push Notification service, Google's Firebase Cloud Messaging, hosting providers, and payment processors. Your use of those third-party services is governed by their own terms and policies, and we are not responsible for third-party services or for any delivery failures, changes, or outages originating with them.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT PUSH NOTIFICATIONS WILL BE DELIVERED WITHOUT DELAY OR AT ALL.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NATIVE NOTIFY, INC. WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow certain limitations in these sections, so some of the above may not apply to you.

You agree to indemnify, defend, and hold harmless Native Notify, Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to Your Content, your use of the Services, the notifications you send, or your violation of these Terms or applicable law.

You may stop using the Services and delete your account at any time. We may suspend or terminate your access to the Services, with or without notice, if you materially breach these Terms, if your use creates risk or harm to us or others, or as required by law. Upon termination, your right to use the Services ends immediately, and sections of these Terms that by their nature should survive (including intellectual property, disclaimers, limitations of liability, and indemnification) will survive.

These Terms are governed by the laws of the United States and of the state in which Native Notify, Inc. maintains its principal place of business, without regard to conflict-of-laws principles. Subject to applicable law, the state or federal courts located in that jurisdiction will have exclusive jurisdiction over any dispute arising out of these Terms or the Services.

We may modify these Terms from time to time. We will update the "Last updated" date at the top of this page, and for material changes we will provide additional notice where appropriate. Your continued use of the Services after the updated Terms take effect constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.

If you have questions about these Terms, please contact Native Notify, Inc. through the support options available on our website at nativenotify.com or from within your Native Notify dashboard.