1. Your Agreement with WonderPush and Definitions
1.1 Your use of the WonderPush service is governed by this agreement (the “Terms“).
“WonderPush“ means WonderPush, located at 18 passage Foubert, 75013 Paris, France. The “Platform” means the services WonderPush makes available through this website, including this website, the WonderPush cloud computing platform, the WonderPush API, the WonderPush SDK, and any other software or services offered by WonderPush in connection to any of those.
The “Developer(s)” (or “You”) means the users of the Platform. The “Application(s)“ means the Developer(s)' application or software. The “Final User(s)” means the user(s) of the Application(s).
1.2 In order to use the Platform, you must first agree to the Terms. You can agree to the Terms by actually using the Platform. You understand and agree that WonderPush will treat your use of the Platform as acceptance of the Terms from that point onwards.
1.3 You may not use the Platforms if you are a person barred from receiving the Platform under the laws of the United States or other countries, including the country in which you are resident or from which you use the Platform. You affirm that you are over the age of 13, as the Platform are not intended for children under 13.
1.4 You agree your purchases of the Platform are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by WonderPush or any of its affiliates regarding future functionality or features.
2. Your Account and Use of the Platform
2.1 The Platform is intended exclusively for professional Application(s) Developer(s), understood as any person or entity who has a regular remunerated activity in the Application(s) industry.
2.2 You must provide accurate and complete registration information any time you register to use the Platform. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify WonderPush immediately.
2.3 Your use of the Platform must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
2.4 You agree not to (a) access (or attempt to access) the administrative interface of the Platform by any means other than through the interface that is provided by WonderPush in connection with the Platform.
2.5 Your account has “hard” and “soft” usage limits. The Platform does not permit you to exceed the hard usage limits. WonderPush reserves the right to enforce soft usage limits in its sole discretion, which may result in WonderPush serving a “quota exceeded” page to you or your Final User(s). Repeated exceeding of the hard or soft usage limits may lead to termination of your account.
2.6 You may use the Platform only to develop and run the Application(s). You may not access the Platform for the purpose of bringing an intellectual property infringement claim against WonderPush or for the purpose of creating a product or service competitive with the Platform.
3. Platform Policies and Privacy
3.1 You agree to comply with the WonderPush Acceptable Use Policy available at acceptable use policy (the “Acceptable Use Policy“) which is incorporated herein by this reference and which may be updated from time to time.
3.3 You agree that you will protect the privacy and legal rights of the Final User(s) of your Application(s). You must provide legally adequate privacy notice and protection for Final User(s). If Final User(s) provide you with user names, passwords, or other login information or personal information, you must make the Final User(s) aware that the information will be available to your Application(s) and to WonderPush.
4. Description of the Platform
4.1 WonderPush provides an API that can be used by a Developer to implement multi-Final User(s) features into his mobile Application(s). The features of the API are described on the Website.
4.2 The API can be accessed directly or via one of the open source software development kit (hereinafter “SDK”) provided by WonderPush on Github website. The Developer has access to his API Key and to the SDK through his Personal Space, where they can also generate further API keys.
4.3 The Developer is informed and agrees that the use of the API requires the storing of some Application(s)’s data and Final User(s)'s data on the Platform. The Developer is solely responsible for collecting the agreement of the Final User(s) for the transfer of their data to the Platform, as well as their storing where necessary.
5. Fees for Use of the Platform
5.1 The Platform is accessible in the form of a subscription (hereinafter referred to as the “Subscription“). Subscription begins on the day of subscription, subject to payment of the fee, for a duration of 1 (one) month, from date to date. Subscription is automatically renewed for successive periods of 1 (one) month, from date to date, unless notice of termination is given by either WonderPush or the Developer.
5.2 The Subscription to the Platform is available in different plans, the fees and characteristics of which are indicated on the Website, at http://wonderpush.com/pricing. The fee for each Subscription is based on various criteria, such as but not limited to, the number of API calls per month or the volume of stored data.
The plans also include “Over Quota fees” that apply when the User exceeds the amounts or volumes included in his Subscription.
5.3 Any Subscription month started is due in its entirety. The Subscription applies to a single Application(s). The User undertakes to refrain from using the Services for another application than the Application(s) for which the Subscription has been originally subscribed.
5.4 The Developer can upgrade or downgrade his Subscription at any time, through his Personal Space. The upgrade or downgrade is effective immediately. The difference between the original Subscription fee and the upgraded or downgraded Subscription fee (additional cost or credit), for the portion of the Subscription period that has not elapsed, is paid with or credited on the fee due for the following Subscription month.
5.5 Unless otherwise stated, the fees are exclusive of taxes. Charges are exclusive of taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees WonderPush incurs collecting late amounts.
5.6 Developer can cancel his Subscription in his Personal Space at the latest on the day before the term of the current Subscription month. WonderPush can cancel a Developer's Subscription by sending an email to the Developer with at least a 1 (one) month notice. This cancellation shall be effective at the end of the month during which the one notice has ended. Subscription cancellation is effective upon expiration of the last Subscription month and causes the automatic deletion of the Developer’s Account, along with all corresponding stored and indexed data.
5.7 The payment of the Subscription fee is carried out by direct debit from the Developer’s bank card. The direct debit is implemented by the secured payment service provider Paypal, who WonderPush entrusts with the storage of the Developer’s bank data to this end. WonderPush doesn’t store any bank data. The fee for the Subscription is due and the direct debit is carried out on the day of the first subscription, then on the date of each Subscription renewal.
5.8 WonderPush may change its fees and payment policies for the Platform by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website. When effective, the new fees apply upon the renewal of the Subscription. The Developer who does not accept the new fees must cancel their Subscription according to the provisions set out in Article 5.6. Developers who continue to use the Platform after the entry into force of the new fees shall be deemed to have accepted them.
5.9 You may not develop multiple Application(s) to simulate or act as a single Application(s) or otherwise access the Platform in a manner intended to avoid incurring fees.
6. Content on the Platform and Take Down Obligations
6.1 You understand that all information (such as data files, written text, images...) to which you may have access as part of, or through your use of, the Platform are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content“.
6.2 You agree to immediately take down any Content that violates the Acceptable Use Policy, including pursuant to a take down request from WonderPush. In the event that you elect not to comply with a request from WonderPush to take down certain Content, WonderPush reserves the right to directly take down such Content or to disable Applications.
6.3 In the event that you become aware of any violation of the Acceptable Use Policy by a Final User(s), you shall immediately terminate such Final User(s)'s account on your Application(s). WonderPush reserves the right to disable Application(s) in response to a violation or suspected violation of the Acceptable Use Policy.
6.4 You agree that you are solely responsible for (and that WonderPush has no responsibility to you or to any third party for) the Application(s) or any content that you create, transmit or display while using the Platform and for the consequences of your actions (including any loss or damage which WonderPush may suffer) by doing so.
6.5 You agree that WonderPush has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Application(s) and any Content.
7. Proprietary Rights
7.1 You acknowledge and agree that WonderPush owns all legal rights, title and interest in and to the Platform, including any intellectual property rights which subsist in the Platform (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
7.2 Except as provided in Section 8, WonderPush acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content or Applications that you create, submit, post, transmit or display on, or through, the Platform, including any intellectual property rights which subsist in that Content and the Application(s) (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with WonderPush, you agree that you are responsible for protecting and enforcing those rights and that WonderPush has no obligation to do so on your behalf.
8. License from WonderPush and Restrictions
8.1 WonderPush gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by WonderPush as part of the Platform as provided to you by WonderPush. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Platform as provided by WonderPush, in the manner permitted by the Terms.
8.2 You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Platform or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by WonderPush, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Platform or any applications running on the Platform.
8.3 Open source software licenses for components of the Plaform released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with WonderPush for the use of the components of the Platform released under an open source license.
9. License from You
9.1 WonderPush claims no ownership or control over any Content or Application(s). You retain copyright and any other rights you already hold in the Content and/or Application(s), and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the Platform you give WonderPush a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling WonderPush to provide you with the Platform. Furthermore, by creating an Application(s) through use of the Platform, you give WonderPush a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application(s) for the sole purpose of enabling WonderPush to provide you with the Platform.
9.2 You may choose to or we may invite you to submit comments or ideas about the Platform, including without limitation about how to improve the Platform or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place WonderPush under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
9.3 You agree that WonderPush, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Platform.
WonderPush may, and you grant us permission to, make recommendations via the Platform for products or services we think may be of interest to you based on your Application(s) and/or use of the Platform. We will never make recommendations directly to your Final User(s).
11. Modification and Termination of the Platform
11.1 WonderPush is constantly innovating in order to provide the best possible experience for Developer(s). You acknowledge and agree that the form and nature of the Platform which WonderPush provides may change from time to time without prior notice to you. Changes to the form and nature of the Platform will be effective with respect to all versions of the Platform; examples of changes to the form and nature of the Platform include without limitation, changes to fee and payment policies, security patches, added functionality, and other enhancements.
11.2 You may terminate these Terms at any time by canceling your account on the Platform. You will not receive any refunds if you cancel your account.
11.3 You agree that WonderPush, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Platform may be without prior notice, and you agree that WonderPush will not be liable to you or any third party for such termination.
11.4 You are solely responsible for exporting your Content(s) and Data from the Platform prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content(s) and Data.
12. Exclusion of warranties
12.1 Nothing in these terms shall exclude or limit WonderPush's warranty or liability for losses which may not be lawfully excluded or limited by applicable law.
12.2 You expressly understand and agree that your use of the WonderPush service is at your sole risk and that the Platform are provided “as is“ and “as available“.
12.3 WonderPush, its subsidiaries and affiliates, and its licensors make no express warranties and disclaim all implied warranties regarding the Platform, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, WonderPush, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that: (a) your use of the Platform will meet your requirements, (b) your use of the Platform will be uninterrupted, timely, secure or free from error, and (c) usage data provided through the Platform will be accurate.
13. Limitation of liability
13.1 Subject to section 12.1 above, you expressly understand and agree that WonderPush, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
13.2 The limitations on WonderPush's liability to you in paragraph 12.1 above shall apply whether or not WonderPush has been advised of or should have been aware of the possibility of any such losses arising.
14.1 you agree to hold harmless and indemnify WonderPush, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “WonderPush and partners“) from and against any third party claim arising from or in any way related to (a) your breach of the terms, (b) your use of the Platform, (c) your violation of applicable laws, rules or regulations in connection with the Platform, or (d) your content or your application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
15. Changes to the Terms
WonderPush may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least one (1) month notice before the changes take effect, during which period of time you may reject the changes by terminating your account.
When effective, the amended Terms apply upon the renewal of the Subscription.
Developer(s) who continue to use the Services after the entry into force of the amended General Terms and Conditions shall be deemed to have accepted these amendments.
16. Law and Jurisdiction
These General Terms and Conditions of Use are governed by French law.
In the event of dispute concerning the validity, interpretation and/or application of these Terms, all parties agree that the courts of Paris shall be the only competent jurisdiction capable of judging the dispute, save conflicting mandatory rules of practice.
17. Entry into force
These Terms and Conditions become effective on January 1st, 2014.
These policies are inspired by the policies of Google App Engine and Heroku. The original works have been modified. WonderPush is not affiliated with or sponsored by Google or Heroku.