By accessing or using the Notifyer service ("Service"), website, or any applications (including mobile applications) made available by Notifyer (together, the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, you may not access the Service.
These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you are prohibited from accessing the Service.
Your use of the Service is also subject to our Privacy Policy, which is incorporated herein by reference.
Notifyer provides AI-powered notification services that deliver personalized updates based on your specified interests and preferences. The Service utilizes artificial intelligence to monitor, collect, and analyze information from various sources to provide you with relevant notifications.
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, including the availability of any feature, database, or content, without prior notice or liability.
Access to certain features of the Service may be subject to additional terms and conditions, which will be disclosed to you when you access those features.
You must register for an account to use our Service. During registration, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to immediately notify Notifyer of any unauthorized use of your account or any other breach of security. Notifyer will not be liable for any loss or damage arising from your failure to comply with this provision.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Subject to these Terms, Notifyer grants you a non-exclusive, non-transferable, limited right to access and use the Service solely for your personal, non-commercial purposes.
We reserve the right to:
You acknowledge that the Service may contain bugs, errors, and other issues that could cause system failures. We make no warranty regarding the reliability, accuracy, timeliness, or quality of the Service.
The Service is subject to availability and may be subject to delays or interruptions due to technical issues, system capacity limitations, or other factors beyond our control.
You agree not to:
Violation of these rules may result in termination of your account and access to the Service.
We claim no ownership rights over the notification preferences you submit. However, by submitting any content or preferences to our Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with the Service and our business, including for promoting and redistributing part or all of the Service.
You represent and warrant that you own or have the necessary rights to grant us the license described above, and that your content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms.
Our Service may integrate with third-party services, websites, or resources ("Third-Party Services"). These Third-Party Services may have their own terms and conditions and privacy policies, and your use of these Third-Party Services will be governed by and subject to such terms and conditions and privacy policies.
You acknowledge and agree that Notifyer is not responsible or liable for:
We strongly advise you to read the terms and conditions and privacy policies of any Third-Party Services that you visit or use.
We may offer premium features that require payment. By purchasing premium features, you agree to pay all applicable fees as described at the time of purchase.
All payments are processed through third-party payment processors. Your use of such payment services is governed by the applicable payment processor's terms of service and privacy policy.
Fees are non-refundable except as required by law or as explicitly stated in our refund policy.
We reserve the right to change our pricing at any time. If we change pricing for a subscription service, we will provide notice of the change through the Service or by email at least 30 days before the change takes effect.
You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or delete your account through the account settings.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
NOTIFYER DOES NOT WARRANT THAT:
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IN NO EVENT SHALL NOTIFYER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM:
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NOTIFYER SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Notifyer, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
This defense and indemnification obligation will survive these Terms and your use of the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on this page and updating the "Last Updated" date.
Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new terms, please stop using the Service.
It is your responsibility to review these Terms periodically for changes.
These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in [Location], using the English language in accordance with the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.
The prevailing party in any arbitration or other proceeding arising under these Terms shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees, and all other expenses) incurred in connection therewith.
Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
If you have any questions about these Terms, please contact us through the appropriate channels available on our website.
Last Updated: July 1, 2023