Terms & Conditions

Terms of Use

By using the MetaSend web site ("Service"), a service of MetaSend LLC ("MetaSend"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). MetaSend reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at TERMS OF USE.

ACCOUNT TERMS

  • You must be 18 years or older to use this Service.
  • You must be a human. Accounts registered by "bots" or other automated methods are not permitted. Account creators may be representatives of corporations or other entities.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • You are responsible for maintaining the security of your account, password, and private key (used for API access). MetaSend cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all content that is distributed under your account.
  • MetaSend cannot and will not be liable for any injury, loss, or damage from the delivery failure, receive failure on a mobile device, or failure of a user to act on any notification.
  • One person or legal entity may not maintain more than one account with free tier usage.
  • You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements will result in the termination of your Account. While MetaSend prohibits such conduct and content on the Service, you understand and agree that MetaSend cannot be responsible for the content sent through the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERMS

  • A valid credit card is required for paying accounts. Accounts operating in the free tier are not required to provide a credit card number.
  • The Service is invoiced within a week upon completion of the month and charged by credit card after 10 days.
  • Accounts without a credit card number will have service stopped when reaching the end of the free tier.
  • Customers are responsible for payment of all charges incurred during a month.
  • All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

CANCELLATION AND TERMINATION

  • Because Service is charged on a usage level, you may stop using Service at any time. You are responsible for any charges incurred. It is your responsibility to stop using Service.
  • You may request having your account deleted. All content and configuration may be removed within 30 days.
  • MetaSend, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other MetaSend service, for any reason at any time.
  • Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all configuration in your Account.
  • MetaSend reserves the right to refuse service to anyone for any reason at any time.

MODIFICATIONS TO THE SERVICE AND PRICES

MetaSend reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the MetaSend site (pushnami.com).
MetaSend shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

COPYRIGHT AND CONTENT OWNERSHIP

  • All content posted on the Service must comply with U.S. copyright law.
  • We claim no intellectual property rights over the material you provide to the Service.
  • MetaSend does not pre-screen content, but MetaSend and its designee have the right (but not the obligation) in their sole discretion to refuse access to the Service.
  • Payment and/or use of the service only entitles you to the use of the service, all copyrights, including source code and binary compilations, owned by MetaSend are not transferred under any circumstances.

GENERAL CONDITIONS

  • Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
  • You understand that MetaSend uses third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the Service.
  • You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, MetaSend, or any other MetaSend service.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by MetaSend.
  • We may, but have no obligation to, suspend or delete Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  • Verbal, physical, written or other abuse (including threats of abuse or retribution) of any MetaSend customer, employee, member, or officer will result in immediate account termination.
  • You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  • You must not transmit unsolicited or "spam" messages.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • MetaSend does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  • You expressly understand and agree that MetaSend shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MetaSend has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) 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 service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of your account; or (vi) any other matter relating to the service.
  • The failure of MetaSend to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and MetaSend and govern your use of the Service, superseding any prior agreements between you and MetaSend (including, but not limited to, any prior versions of the Terms of Service).

Limitation of Liability.

IN NO EVENT WILL THE SITE, SERVICE, OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND/OR EMPLOYEES BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR SITE, OUR SOFTWARE, THESE TERMS, YOUR USE OF THE SOFTWARE AND/OR ANY TRANSACTION BETWEEN PROVIDERS AND PROSPECTS OR BETWEEN SITE USERS, GENERALLY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) STRICT LIABILITY, (iv) TORT, (v) NEGLIGENCE, OR (vi) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SOFTWARE, IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST MetaSend LLC, ANOTHER USER OR THE SITE WITH RESPECT TO THESE TERMS OR THE SITE ITSELF, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE AND SOFTWARE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE MetaSend LLC, TO YOU OR TO ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE OR SOFTWARE IS LIMITED TO THE GREATER OF (i) AMOUNT OF FEES ACTUALLY RECEIVED BY US FROM YOU DURING THE CALENDAR MONTH DURING WHICH SUCH ALLEGED CLAIM(S) ACCRUED, AND (ii) $100.00.

Release

BY USING THE SITE AND SERVICE, YOU REPRESENT THAT YOU HAVE NO PRE-EXISTING CLAIMS OR CAUSES OF ACTION AGAINST MetaSend OR ANY OF ITS AFFILIATES. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE OR SOFTWARE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN ANY PROVIDER AND PROSPECT REGARDING ANY TRANSACTION), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITE AND ANY MEMBER OF MetaSend LLC, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE OR THE SOFTWARE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." IF YOU ARE A RESIDENT OF A STATE OTHER THAN CALIFORNIA, YOU EXPLICITLY WAIVE THE TERMS AND PROTECTIONS OF ANY STATUTE OF YOUR OWN STATE THAT HAS A SIMILAR IMPORT OR INTENT.

Non-Compete

During the Term of this Agreement and for two (2) years after the last date of your use of the Service or any software made available by MetaSend, you will not create, develop, sell, offer or distribute a competing software or related service. A “Competing Software” is defined for the purpose of these Terms of Service as software as a service that provides browser based subscriber notification/distribution software systems (also known as “browser notifications” or “push notifications”) for internal and/or third party use. You agree that violation of this Non-Compete section will be grounds for immediate termination of your account without liability on the part of MetaSend in addition to all other equitable relief to stop the violation and competing activity as well as any other monetary relief permitted under the law all of which shall be cumulative.

Indemnity

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE SITE AND THE MetaSend LLC (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR SOFTWARE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN A PROVIDER AND PROSPECT REGARDING ANY TRANSACTION), ANY ACT (OR FAILURE TO ACT) BY YOU OR OTHER USERS OF YOUR ACCOUNT OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. MetaSend LLC RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.

Miscellaneous

We may immediately and in our sole discretion terminate any user's access to or use of the Site or Software due to such user's breach of these Terms, our Privacy Policy or other unauthorized use of the Site. Any cause of action you may have hereunder or with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action first arises. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

QUESTIONS

Any questions about this document should be addressed to support@metasend.com or by mail at:
MetaSend LLC
7421 Burnet Road
Suite 184
Ausitn, TX 78757