Terms of Service

1. Agreement to Terms

By accessing, registering for, or using Pushary ("Service", "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and all applicable laws and regulations. If you do not agree with any provision of these Terms, you must immediately discontinue use of the Service.

These Terms constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and RalphNex OÜ ("Company," "we," "us," or "our"). Your continued use of the Service following any modifications to these Terms constitutes acceptance of those modifications.

2. Platform Description and Technical Specifications

Pushary is an event-driven web push notification platform designed for high-scale delivery. Our infrastructure enables businesses to send browser-based push notifications to their end-users without requiring mobile application development.

2.1 Core Platform Components

• Dashboard Application: A web-based management interface for configuring sites, managing subscribers, creating campaigns, and viewing analytics
• Event-Driven Worker: An independent processing service utilizing Apache Kafka message queuing for reliable, at-least-once notification delivery
• SDK Integration: Client-side JavaScript libraries for subscriber registration and service worker management
• API Services: RESTful endpoints for programmatic notification delivery and subscriber management

2.2 Technical Infrastructure

• Web Push Protocol: Notifications are delivered via the W3C Push API standard using VAPID (Voluntary Application Server Identification) authentication
• Message Queue: Apache Kafka-based event streaming ensures reliable message delivery with automatic retry mechanisms and dead-letter queue processing
• Data Persistence: PostgreSQL database with Row-Level Security (RLS) policies ensuring multi-tenant data isolation
• Outbox Pattern: Transactional consistency guaranteed through the outbox pattern, ensuring notifications are never lost during system failures

2.3 Service Features

• Multi-site management with unique VAPID key pairs per site for cryptographic isolation
• Campaign scheduling with timezone-aware delivery
• Real-time analytics including delivery, click, and dismissal tracking
• Subscriber segmentation and targeting capabilities
• Template management for reusable notification designs
• Team collaboration with role-based access control (Owner, Admin, Member, Viewer)
• API access for programmatic notification delivery

3. Account Registration and Workspace Management

3.1 Account Creation Requirements

To access the Service, you must register for an account through our authentication provider (Clerk). By registering, you represent and warrant that:

• You are at least 18 years of age or the age of legal majority in your jurisdiction
• You have the legal capacity to enter into binding contracts
• All registration information provided is accurate, current, and complete
• You will maintain the accuracy of your account information
• If registering on behalf of an entity, you have authority to bind that entity to these Terms

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account. You agree to:

• Immediately notify us of any unauthorized access or security breach
• Never share your credentials with third parties
• Use strong, unique passwords for your account
• Ensure team members with workspace access comply with these Terms

3.3 Workspace Structure

The Service operates on a workspace-based multi-tenant architecture. Each workspace can contain multiple sites, team members, and associated resources. Workspace owners bear ultimate responsibility for all activities within their workspace.

4. Subscription Plans and Payment Terms

4.1 Available Plans

The Service is offered through tiered subscription plans with varying limits and features:

• Free Plan: Up to 100 subscribers, 500 notifications per month, 1 site, 7-day data retention
• Starter Plan (€29/month): Up to 5,000 subscribers, 25,000 notifications per month, 3 sites, 5 team members, API access, scheduled campaigns, A/B testing, 30-day data retention
• Growth Plan (€99/month): Up to 25,000 subscribers, 100,000 notifications per month, 10 sites, 15 team members, priority support, 90-day data retention
• Enterprise Plan: Unlimited resources, custom SLA, dedicated support, SSO integration, and white-label options available upon request

4.2 Billing and Payment

• Paid subscriptions are processed through Stripe and billed in advance on a monthly or annual basis
• All fees are quoted in Euros (€) unless otherwise specified
• Payment is due immediately upon subscription activation or renewal
• Failed payment attempts may result in service suspension until resolved
• We reserve the right to modify pricing with 30 days' advance written notice

4.3 Usage Limits and Overages

Notification usage is tracked on a monthly basis and resets at each billing cycle. If you exceed your plan's notification limit, additional notifications may be blocked until your next billing cycle or you upgrade your plan. We do not charge overage fees without prior agreement.

4.4 Refund Policy

All subscription fees are non-refundable except where required by applicable law. For annual subscriptions cancelled mid-term, no pro-rata refund will be provided. You may cancel your subscription at any time through your account settings, and your access will continue until the end of the current billing period.

4.5 Free Tier Limitations

The free tier is provided as-is without service level guarantees. We reserve the right to modify free tier availability, limits, or features at our sole discretion without notice. Free tier accounts inactive for more than 90 consecutive days may be subject to deletion.

5. Acceptable Use Policy

5.1 Prohibited Activities

You agree not to use the Service for any purpose that is unlawful, harmful, or prohibited by these Terms. Specifically, you must not:

• Send spam, unsolicited messages, or notifications without obtaining valid prior consent from recipients
• Distribute malware, viruses, ransomware, or other malicious code through notifications
• Engage in phishing, social engineering, fraud, or deceptive practices
• Harass, threaten, defame, or harm any individual or group
• Violate any applicable local, national, or international laws or regulations
• Infringe upon intellectual property rights, trademarks, or copyrights of third parties
• Attempt to gain unauthorized access to any part of the Service, other accounts, or connected systems
• Reverse engineer, decompile, disassemble, or attempt to derive source code from the Service
• Interfere with or disrupt the Service, servers, or networks connected to the Service
• Use the Service to transmit or store data subject to regulatory requirements (HIPAA, PCI-DSS) without appropriate safeguards
• Resell, sublicense, or redistribute the Service without explicit written authorization
• Circumvent or manipulate usage tracking, billing, or security mechanisms

5.2 Notification Content Restrictions

All notification content sent through the Platform must comply with applicable laws and these Terms. You may not send notifications containing:

• Illegal content, including promotion of illegal activities or substances
• Adult, sexually explicit, or pornographic material
• Hate speech, discriminatory content, or content promoting violence
• False, misleading, or deceptive information
• Content that violates privacy rights or contains personal data without consent
• Content promoting gambling where prohibited by law
• Unsolicited commercial content to recipients who have not opted in

5.3 Anti-Spam Compliance

You must comply with all applicable anti-spam legislation including but not limited to CAN-SPAM (US), CASL (Canada), GDPR (EU), and ePrivacy Directive. You represent and warrant that:

• All subscribers have provided explicit, informed consent to receive push notifications
• Subscribers can easily opt-out at any time through browser settings or your provided mechanism
• You maintain accurate records of subscriber consent
• You honor all unsubscribe requests promptly

6. User Content and Notifications

6.1 Content Ownership

You retain all ownership rights to the content you create and transmit through the Service, including notification text, images, templates, and associated metadata. By using the Service, you grant us a limited, non-exclusive, royalty-free license to process, transmit, and store your content solely as necessary to provide the Service.

6.2 Content Responsibility

You are solely and fully responsible for:

• The accuracy, legality, and appropriateness of all notification content
• Obtaining all necessary rights, licenses, and consents for content you transmit
• Any claims, damages, or liability arising from your notification content
• Compliance with advertising standards and disclosure requirements

6.3 Content Moderation

We reserve the right, but are not obligated, to monitor, review, and remove any content that violates these Terms or that we determine in our sole discretion to be harmful, offensive, or inappropriate. We may suspend notification delivery pending review of reported content.

7. Service Level and Availability

7.1 Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service is provided "as available" and may be subject to:

• Scheduled maintenance with reasonable advance notice when possible
• Emergency maintenance for security or stability issues
• Outages of third-party services including cloud infrastructure providers and push notification services
• Force majeure events beyond our reasonable control

7.2 Delivery Guarantees

Our event-driven architecture provides at-least-once delivery guarantee for notifications. However, actual notification delivery depends on factors beyond our control including:

• End-user browser and device capabilities
• Network connectivity of end-users
• Push service provider availability (Google FCM, Apple APNs, Mozilla, etc.)
• Browser notification permissions and settings
• Subscriber subscription validity and expiration

7.3 Service Modifications

We reserve the right to modify, enhance, or discontinue any feature or functionality of the Service at any time. For material changes that negatively impact paid users, we will provide 30 days' advance notice when reasonably practicable.

8. Intellectual Property Rights

8.1 Platform Ownership

The Service, including its source code, design, features, functionality, architecture, documentation, trademarks, and all associated intellectual property, is owned exclusively by RalphNex OÜ and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes during your subscription term.

8.3 Restrictions

You may not:

• Copy, modify, or create derivative works of the Service
• Remove or alter any proprietary notices or labels
• Use our trademarks without prior written consent
• Frame or mirror any portion of the Service

8.4 Feedback

Any feedback, suggestions, ideas, or improvements you provide regarding the Service shall become our exclusive property. You hereby assign all rights in such feedback to us and acknowledge we may use it without compensation or attribution.

9. Data Processing and Privacy

Your use of the Service is governed by our Privacy Policy, which is incorporated by reference into these Terms. You acknowledge and agree that:

• We process personal data as outlined in our Privacy Policy
• You are the data controller for subscriber data you collect through the Service
• You are responsible for providing appropriate privacy disclosures to your subscribers
• Data is stored in secure PostgreSQL databases hosted in Germany with Row-Level Security enforcement
• Notification delivery events are processed through our Kafka-based message queue

10. API Terms

10.1 API Access

API access is available to customers on paid subscription plans as specified. API keys are provided per-site and must be kept confidential. You are responsible for all API calls made using your keys.

10.2 Rate Limiting

API requests may be subject to rate limiting to ensure fair usage and platform stability. Exceeding rate limits may result in temporary blocking of requests. We reserve the right to implement or modify rate limits at any time.

10.3 API Changes

We may modify, deprecate, or discontinue API endpoints with reasonable notice. You are responsible for updating your integration to accommodate API changes.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR QUIET ENJOYMENT.
• WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
• WE DO NOT WARRANT ANY PARTICULAR DELIVERY RATE, OPEN RATE, CLICK-THROUGH RATE, OR OTHER PERFORMANCE METRICS.
• IN NO EVENT SHALL RALPHNEX OÜ, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES.
• OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED EUROS (€100).
• THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Indemnification

You agree to indemnify, defend, and hold harmless RalphNex OÜ, its affiliates, subsidiaries, directors, officers, employees, agents, licensors, and service providers from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or relating to:

• Your use or misuse of the Service
• Your violation of these Terms or any applicable law
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
• The content of notifications you send through the Service
• Any claim by your subscribers or end-users related to notifications received
• Your failure to obtain proper consent from notification recipients
• Any data breach or security incident caused by your negligence or failure to maintain adequate security

We reserve the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense.

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your settings. Upon termination, you will retain access until the end of your current billing period, after which all access will cease.

13.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms or any applicable policy
• Fraudulent, abusive, or illegal activity
• Non-payment of fees when due
• Request by law enforcement or government agency
• Extended periods of inactivity
• Conduct that poses a security risk or may harm other users
• Discontinuation or material modification of the Service

13.3 Effect of Termination

Upon termination:

• Your right to use the Service terminates immediately
• All licenses granted to you under these Terms terminate
• We may delete your account data after 30 days, subject to legal retention requirements
• You remain liable for any fees accrued prior to termination
• Provisions that by their nature should survive termination shall survive, including Sections 8 (Intellectual Property), 10 (Limitation of Liability), 11 (Indemnification), and 13 (Governing Law)

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Estonia, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

14.2 Jurisdiction

Any disputes arising from or relating to these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of Harju County, Estonia. You irrevocably submit to the personal jurisdiction of such courts.

14.3 EU Consumer Rights

If you are a consumer residing in the European Union, nothing in these Terms affects your rights under mandatory consumer protection laws in your country of residence. You may also be entitled to bring proceedings in your local courts.

14.4 Informal Resolution

Before initiating any formal legal action, you agree to contact us at business@ralphnex.com and attempt to resolve the dispute informally for at least 30 days.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on our website with a new "Last updated" date
• Sending email notification to the address associated with your account for material changes
• Displaying a prominent notice within the Service dashboard

Your continued use of the Service after the effective date of any changes constitutes acceptance of the modified Terms. If you do not agree to the new Terms, you must discontinue use of the Service before they take effect.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and RalphNex OÜ regarding the Service and supersede all prior agreements, communications, and understandings.

16.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

16.3 Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

16.4 Assignment

You may not assign, transfer, or sublicense your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction, including in connection with a merger, acquisition, or sale of assets.

16.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, strikes, or failures of third-party telecommunications or power supply.

16.6 No Third-Party Beneficiaries

These Terms are for the sole benefit of the parties hereto and their permitted successors and assigns. Nothing in these Terms confers any rights on any third party.

16.7 Language

These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version shall prevail.

17. Contact Information

For questions regarding these Terms or to report violations, please contact us: