DEVICE PUSH, S.L. (“Company”), with CIF B-90314782 and located at C/ Manuel Ruíz “Manili”, 3 – 41320 Cantillana, Seville SPAIN and “Customer”, enter into this Agreement of Terms and Conditions (“Agreement”) by which the Customer may use all aspects of the Service made available by DEVICE PUSH (hereinafter the “Service”).

Any Customer that does not accept these Terms and Conditions, which are obligatory and binding, must refrain from using the services. The Customer has the responsibility to read, understand and accept all the conditions established in this document.

DEVICE PUSH reserves the right to change or modify any of the Terms and Conditions contained in this Agreement at any time, on its own initiative, by publishing these changes at www.devicepush.com. Continued use by the customer of any part of the Service after the publication of such changes or modifications shall constitute the acceptance by the Customer of such changes or modifications.

OBJECT OF THE AGREEMENT

The purpose of this Agreement is to regulate the use by the Costumer of the services offered by DEVICE PUSH, which is governed by the following characteristics:

  • Subscription Period: the costumer can choose between contracting an annual or monthly subscription. If the subscription is annual, the customer can benefit from a stipulated discount as follows:
    • Annual subscription with monthly payment: 5% discount on the published price.
    • Annual subscription with annual payment: 10% discount on the published price.
  • Free Period: During the first 14 (fourteen) calendar days upon activation of the account, the Costumer may use his account for free. This gratuity applies to the first website or mobile application registered by each activated client account. The billing period will be counted from day 15 (inclusive).
  • Service for Web Pages and Mobile Applications. Costumer will be able to implement Device Push both in a Website and / or a Mobile Application, for that purpose, in the Dashboard have been arranged tutorials and video tutorials. Regarding notifications for Websites, the service is available for Chrome, Safari, Firefox and Opera desktop browsers, and Chrome mobile browser on Android devices.
  • Unlimited Shipping Push Notifications: the customer can make as many shipments as he thinks fit.
  • Segmented Shipment of Notifications. This function is based on focusing the communication in a more effective way, creating groups and characterizing the users for a better segmentation. The data to make the segmentation effective must be collected by the Costumer and sent to Device Push in JSON format.
  • Geolocation: This function will be to locate the notifications so that they only reach the users that are in a specific area previously defined.
  • Campaign Management. Sending push notifications can be programmed for specific time ranges (dates and times), creating a timeline of actions.
  • Dynamic Content. Push notification consists of a customizable icon, title and body, and you can insert emoticons, links, images and action buttons.
  • Access to the API: the Costumer can manage the sending of push notifications from the Private Dashboard that Device Push makes available, or integrate it into its own Dashboard thanks to the integration of the API.
  • Support Service: Device Push establishes a standard time of 4 hours from Monday to Friday, except holidays, and the schedule is established from 10am to 2pm (Peninsular Spain time). Through email support@devicepush.com, with a maximum response time of 24h.

ACCESS TO SERVICE

In accordance with this Agreement, Customer may request DEVICE PUSH to activate an Account to access and use one or more of the services offered by DEVICE PUSH and/or related configuration, personalization or other professional services. Within each account, the Costumer can register as many licenses as necessary depending on the websites or mobile applications in which he wants to implement the DEVICE PUSH service.

Activation of the account will be requested through the form that the costumer will find for this purpose at www.devicepush.com.

Subject to the Terms and Conditions of this Agreement, DEVICE PUSH grants you an account to access the Services listed above for the selected subscription term (annual or monthly) to access, upload, manipulate and manage the ownership data, Supplied or aggregated by the Customer, as they are uploaded to the Service, exclusively for the Customer’s own commercial purposes.

The Customer: (a) is solely responsible for all Customer Data, regardless of whether such data is uploaded directly via the API in the Client’s own panel, or in the one provided by DEVICE PUSH; (B) acknowledges that DEVICE PUSH does not control or monitor the content of Customer Data; And (c) you agree that Customer will be responsible for (i) establishing all applicable terms and conditions to its users (ensuring that such terms and conditions comply with this Agreement) and (ii) obtaining all necessary consents from third parties for collection Processing and use of Customer Data, including any processing by DEVICE PUSH in connection with the provision of the DEVICE PUSH Service. Customer may access the Service only as this Agreement allows.

A unique password related to the email with which you requested the account will be assigned to the costumer for access and use of the Service. Customer acknowledges that it will be fully responsible for all liabilities incurred through the use of its unique user identification name and that any transaction completed under its unique user identification name will be deemed to have been completed by Customer. DEVICE PUSH shall not be liable for any loss, claim or other liability that may arise from the authorized use of Customer’s password.

DEVICE PUSH reserves the right to modify and update its Website and / or the Service at its discretion, including, without limitation, the software on which the Service is based and the features and functionalities available through the Service.

DURATION AND TERMINATION OF SERVICE

Depending on the subscription model selected, monthly or annual, the duration will be established as follows, and will begin to take effect just the day after the end of the 14-day Free Period.

In the case of monthly subscription, the services and functions described in the section related to the object of the Agreement, will be provided by DEVICE PUSH for a full month. Upon termination thereof, and unless prior written notice is given by the client in a period of not less than 15 (fifteen) calendar days, it shall be renewed for successive periods of 1 (one) month.

In the case of annual subscription, the services and functions described in the section relating to the subject of the Agreement, will be provided by DEVICE PUSH for one year. Upon termination thereof, and unless prior written notice is given by the client in a period of not less than thirty (30) calendar days, it shall be renewed for successive periods of one (1) year.

PRICES AND PAYMENT METHODS

The price is established according to the number of users who accept the receipt of the notifications, these prices are published in www.devicepush.com. DEVICE PUSH reserves the right to change or modify these prices, on its own initiative, by posting these changes at www.devicepush.com.

All payments will be made in advance, unless otherwise agreed, and DEVICE PUSH has no obligation to perform the agreed services until payment is received.

The payment method will be by credit or debit card, Visa, Mastercard or American Express, which the customer must register in their Customer account profile.

In the case of the annual subscription, the Costumer can make the payment, either in a single fee at the beginning of the service or divide the quota in monthly payments of obliged payment until the end of the subscription period. In the event that the Costumer wishes to terminate the Agreement or fails to do so, the Costumer will have to pay the remaining months in a single payment.

In the case of having to extend to a license of greater rank, in the cases of monthly payment, the change will become automatic, unless written indication of the Client with a minimum of 15 natural days of advance, being charged the new quota in the following monthly payment. For annual single payment, a review will be made at 3 months with the regularization of the correct amounts.

If the Costumer doesn’t make any payment, DEVICE PUSH reserves the right to immediately cancel any active campaign.

All payments must be made in EUROS. The Costumer understands and accepts that in no case and under any circumstances the data provided by any DEVICE PUSH representative constitute the final billing numbers. Only invoices sent directly to clients and agencies must be interpreted as representative of billable amounts.

Provision of developers: any provision of developers by DEVICE PUSH to the Client in order to help you in your application due to a bad implementation will be charged at the price of € 50 per hour (excluding VAT), with a minimum billing of one hour.

RESTRICTIONS AND PROHIBITIONS OF APPLICATIONS

The Service is only licensed, not sold. This Agreement only grants the Customer some rights to access and use the Service. DEVICE PUSH reserves all other rights. Customer may use the Service only as expressly permitted in this Agreement. The Customer must comply with any technical limitations of the Service. The Customer may not reverse engineer, decompile or disassemble the Service, except and only to the extent expressly permitted by applicable law, in spite of this limitation; or rent, lease, sublicense or provide the Service or any of its components.

Customer warrants, represents and agrees that it will not contribute, submit or make available through the Services, nor use the Services in connection with any defamatory, obscene, pornographic, abusive content that infringes or slanders any law or right of any third party.

The Customer agrees that the Content made available through the Service shall not be: (A) racist, supportive of terrorist activities, defamatory, defamatory, unlawful threat or unlawful harassment; (B) solicits personal information from any person under eighteen (18) years of age without expressly complying with all applicable laws; (C) harass or recommend the harassment of another person; (D) infringe any copyright, trademark, service mark, trade secret or other proprietary right or third party publicity or privacy rights; (F) to promote information, material or content that Customer knows is false or misleading or promotes illegal activities or conduct that are abusive, threatening, obscene, defamatory, defamatory, obscene, scandalous, pornographic, or any other Content that may result Civil or criminal liability under the law; (G) involve the transmission of “junk mail”, “chain letters”, unsolicited bulk mail or “spamming”; Neither H) violate any law or regulation (including, without limitation, those governing consumer protection, unfair competition, non-discrimination or false advertising).

DEVICE PUSH reserves all rights to the Service, and may pursue all options legally available under civil and criminal law (and may cooperate with law enforcement agencies) in the event of any violation.

DATA PROTECTION

Both Parties undertake to keep the absolute secrecy with respect to the personal data to which they have access in fulfillment of this Agreement and to observe all the legal provisions that are contained in the Spanish Organic Law 15/1999, of Protection of the Data of Personal Character.

The Customer as Responsible for the File indicates that he / she is the owner of a file with personal data that have been legally obtained and are duly registered in the General Register of the Data Protection Agency (hereinafter “the File”). Under the services of push notifications contracted with the Treatment Manager, authorizes and orders the treatment of the same to be able to fulfill the services contracted.

DEVICE PUSH, as Treatment Manager, will only and exclusively apply the data contained in the File to perform on behalf of the File Manager the provision of the services contracted. In no case will the Treatment Manager use or apply the data contained in the File for different purposes.

The Data Protection Officer shall apply to the data contained in the File the security measures that correspond to the provisions of Royal Decree 1720/2007 of 21 December, which approves the Regulations for the development of the Spanish Organic Law 15/1999, of 13 December, on the protection of personal data.

Once the treatment is completed, the Treatment Manager will provide a copy of the data to the File Manager and destroy any copies he or she has.
NOTIFICATIONS

For the purposes of notifications, requirements and deeds of any kind in the place of this Agreement are made by e-mail to the last addresses:

Customer: Email provided at the time of registration for activation of the account

DEVICE PUSH: contact@devicepush.com

Notifications made to such mail accounts will be understood to be delivered three calendar days after they are sent.

RESPONSIBILITY

Customer warrants that customer data obtained through use of the Service will only be used for legal purposes and Customer will indemnify, defend and exempt DEVICE PUSH from any and all losses, liabilities, claims, liabilities, costs, Fees and losses resulting from any claim of damages brought or requested against DEVICE PUSH which alleges that the consumer data obtained through the use of the Service was used for any purpose in violation of any applicable law. The indemnification obligations in this paragraph are conditional upon DEVICE PUSH giving prompt written notice of any claim. DEVICE PUSH will have exclusive control over the litigation or the settlement of said claim. The provisions of this Paragraph shall survive termination of this Agreement.

Customer will indemnify and hold DEVICE PUSH, its partners, subsidiaries, affiliates, officers, directors, employees, suppliers, users, safe from and against any and all claims, liabilities, penalties, agreements, judgments, losses, damages , Fines and expenses (including attorneys’ fees and costs) arising out of or relating to (a) any claim that Customer has used the Service in violation of the rights of another party, violating any law, violating the terms of This Agreement, any content that the Customer or any person using the Customer’s account may submit or access in the course of the use of the Service; (B) the use of the Service by the Customer or the impossibility of using it; (C) Violation of the terms of this Agreement by the Customer; And (e) any breach or breach by Customer of complying with all laws and regulations relating to Customer’s use of the Service, whether or not in this document.

REPRESENTATIONS AND WARRANTIES

The Customer represents and warrants to DEVICE PUSH that (i) he is the owner of each account of the client in relation to the use of Services or that the Client is legally authorized to act on behalf of the owner of said Property for the purposes of this Agreement, And (ii) Customer has all rights, power and authority to enter into this Agreement and to comply with the acts required by Customer by virtue of the present.

FORCE MAJEURE

DEVICE PUSH is not responsible for delays in delivery and / or non-delivery in the event of actions by any governmental or quasi-governmental entity, Internet failure, equipment failure, power interruption, fire, earthquake, flood, Riots, acts of terrorism, acts of war, explosions, embargoes, strikes (legal or illegal), shortages of labor or material, disruption of transportation of any kind, work slowdown or any condition beyond DEVICE PUSH’s control Affect production or delivery in any way.

 

WARRANTY AND LIMITATION OF LIABILITY AND EXCLUSION OF RESOURCES AND DAMAGES

The services, their content and site are provided “as is”. In no event shall the company, its subsidiaries, affiliates or any of its directors, employees or agents be liable to the customer or any other person or entity, including without limitation negligence for damages of any kind arising out of or in connection with the service or any Information, content or material or accessible through the service, including but not limited to direct, indirect, actual, incidental, punitive, special or consequential damages, loss of revenue or profits or damaged data or other commercial or economic losses resulting from Its use or inability to use the service.

APPLICABLE LAW AND COMPETENT JURISDICTION

This Agreement constitutes the entire agreement between Customer and DEVICE PUSH and governs Customer’s use of the Service, superseding any prior Agreement between Customer and DEVICE PUSH with respect to the Service.

Failure by either party to exercise any right set forth herein shall not be deemed a waiver of any other right hereunder.

The Company shall not be liable for breach of its obligations hereunder, where such failure results from any cause beyond the reasonable control of the Company.

If it is determined that a provision of this Agreement is not applicable or invalid, that provision shall be limited or eliminated to the minimum extent necessary for this Agreement to remain in force and to be applicable.

This Agreement is not assignable, transferable or sublicensable by Customer except with the prior written consent of the Company.

APPLICABLE LAW AND COMPETENT JURISDICTION

This Agreement constitutes the entire agreement between Customer and DEVICE PUSH and governs Customer’s use of the Service, superseding any prior Agreement between Customer and DEVICE PUSH with respect to the Service.

Failure by either party to exercise any right set forth herein shall not be deemed a waiver of any other right hereunder.

The Company shall not be liable for breach of its obligations hereunder, where such failure results from any cause beyond the reasonable control of the Company.

In case of any controversy between the original wording in Spanish and the wording in English, the wording in Spanish will prevail in any way.

If it is determined that a provision of this Agreement is not applicable or invalid, that provision shall be limited or eliminated to the minimum extent necessary for this Agreement to remain in force and to be applicable.

This Agreement is not assignable, transferable or sublicensable by Customer except with the prior written consent of the Company.

This Agreement shall be governed by and construed in accordance with the laws of SPAIN. In the case of litigation arising from the interpretation or execution of the Agreement, the courts of SEVILLE (SPAIN) shall have exclusive jurisdiction even in the case of a plurality of parties.

Both parties agree that this Agreement is the complete and exclusive declaration of the mutual understanding of the parties and supersedes and cancels all Agreements, communications and other prior written and verbal understandings relating to the subject matter of this Agreement and that all modifications must be in A deed signed by both parties, unless otherwise provided in this document. In the event of any conflict between this Agreement and any document incorporated herein by reference, this Agreement shall govern.

The Customer allows DEVICE PUSH to use the name of Customer, or any other distinctive sign belonging to the Customer, as a commercial reference and in press releases that indicate commercial references. DEVICE PUSH may also include the name of the Customer in a list of references intended to be provided to DEVICE PUSH prospects.

CONFIDENTIALITY

The Parties undertake that the development of this Agreement be governed by the utmost confidentiality, respecting the duty of professional secrecy and the duty of diligence.

DEVICE PUSH undertakes that all information or documentation provided by the Customer or that has access for any reason, directly or indirectly, will be used solely to serve the performance of the services subject to this Agreement and, in any case, to carry out its services respecting the principles of good faith, diligence and secret duty.

DEVICE PUSH expressly agrees not to make any use of the service other than the object of the contract. Neither party shall use or disclose the Confidential Information of the other party without the prior written consent of the other person except for the purpose of complying with its obligations under this Agreement or if required by law, regulation or order judicial.

Upon termination of this Agreement, the parties will promptly return or destroy all Confidential Information and, upon request, provide written certification.

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