Terms of Use

Please read carefully. By signing up to use replyPUSH, you agree to these terms. This is a legal agreement.

Terminology

The pronouns “you”, “your”, “yourself” and other second-person pronouns are used to refer to the “customer” who is agreeing with the Terms of Use and with whom the account will be registered to, which is also the same as a “member”.

The “signee” is the individual person signing this agreement under the authority and behalf of the “customer”, where differing from the customer or otherwise the customer.

The “service” and “replyPUSH” are used interchangeably, to refer to the service covered by the Terms of Use and also the owner and staff and associates authorized by owner.

The “owner” refers to Paul Thomas Web Services the owner of the service (International House, 24 Holborn Viaduct, City of London, London UK, EC1A 2BN). “Our”, “we” or other first-person pronouns refer to the owner and staff and associates authorized by owner.

The “website” and replypush.com and are used to describe the website which accounts are registered and including the all the permitted domains and sub-domains, and servers used to provide the service and support.

“Transactional emails” refer to emails you send out to your users to inform them of new information (such as an article, discussion or comment), which has been sent to them and not through the service.

The verb "reply" will refer to the action of your users replying to a transactional email through the email client program. "Reply", “replies”, "email replies" will refer to emails that reply to a transactional email. "Notifications", "notification replies" of any similar variants refer to the messages you get back from the service, from your users replying to transactional emails, and/or error messages from the service.

"Credentials" refers to the Account No, API ID, API Key on the profile page of the customer.

Notification URL is an URL as described in Description of Service (including footnotes), which is provided by the customer to be a destination for notification replies. "HTTP POST" is the method that is used to send the notification to the Notification URL. Both HTTP and HTTP POST are explained in Description of Serivce (including footnotes). This does not exclude other methodologies used to send the notification.

Any questions or complaints please use the contact form. For technical support, members should use our help forum

General Disclaimers and Requirements

Please read our Description of Service. This is required reading to understand the Terms of Use, but is not part of Terms of Use. The Description of Service is subject to change and carries no implied or express warrenty.

If your users do not reply to the transactional email, by putting their message at the top of any quoted part of the reply, the reply may be rejected by the service.

The email client or the email user may not act in a way that is typical/standard, so replyPUSH can't guarantee that all replies will reach the service, or be able to be processed.

The sending of notification replies to the Notification URL is dependent on the customer being on a valid payment plan for that account, with a means of taking payment using our choice of payment gateway and valid contact details for billing, unless given special discretion by replyPUSH. Otherwise the replies will be discarded and not sent on.

The customer needs to repeat the authentication process on receiving the notification in order to determine the messages are indeed coming from the service, and are valid. The headers may also contain context information, for processing the notification replies. You are responsible for what happens after the messages are posted to the Notification URL, as well as the prior adding of headers to transactional emails you send out to your users. The content is not sanitized for input/output and the customer is responsible for ensuring that data from notification replies is made safe against security exploits or otherwise.

This Terms of Use concerns the use of the replyPUSH service. Distributed software used in order to “extend” or “add on” to community software, other bespoke or third party software in order to send emails out with headers for use the service or in order to otherwise use the service, carry no warranty or endorsement by the service or its owner.

Where replyPUSH provides distributed client software related to the service, it is normally released under the license, such as MIT Licence. API documentation is provided for those who want to make software for themselves or other customers to be used with specific community software or any other use. We cannot guarantee that third party software is following the requirements and recommendations of the service, and the customer is responsible for consequences for using any software. We hope that the developer community will nevertheless do the right thing.

Regarding the security and integrity of data included in email messages, replyPUSH cannot control how the email clients send email to the service, and can only receive some standard formats and encodings. Authentication via means of the credential does not include encryption of that data sent, but rather provides a way to verify that source associated account is genuine, and via the customer's own specific checks that the content and permission to "post" in that context by that user is valid. replyPUSH is not responsible for context related validation, as the context is not known to it, and merely passes on any context information received from the reply. replyPUSH is not responsible for authentication/validation after it has sent the HTTP POST regarding the content send, or associated replyPUSH account.

The customer accepts that replies received and processed by the service are deemed to be destined for the public domain, and transportation of the data sent is not necessarily private or secure. Even if the user base itself might be for a private group, transportation of the data to that context or site, may not be on a secured network. As “push” based system it sends the information to the Notification URL provided in good faith and doesn't verify the transport in any way.

replyPUSH cannot accept liability for information exposed publicly through replies and notifications. It is your responsibility to ensure your users and yourself are informed about privacy, and your processes respect the privacy of others.

ReplyPUSH Accounts

Eligibility of Service

In order to use replyPUSH you must:

  1. Be at least the Age of Majority in your jurisdiction and legally be able to enter into a contract.
  2. Complete the registration process.
  3. Agree to the Terms of Use.
  4. Comply with the Payment Plans section to receive notification replies unless explicit discretion is granted.

By using the service you agree that you represent and warrant that you meet the above requirements, and you will not use the service in any way that would violate any laws or regulations. replyPUSH reserves the right to close any accounts and refuse service, and change the eligibility requirement at any time.

Term of Contract

The term of contract is effective immediately after “sign up” to use the service, and will continue indefinitely until you expressly cancel. By entering your username and checking the box labeled “I have read and agreed to the terms of service” or words to that effect, you have “signed” this contract. The “signee” yourself represents the “customer”. If the signee is acting on behalf of a company or legal entity (the customer), the signee represents and warrants they have the authority to do so on the customers behalf.

Canceling Your Account

replyPUSH or the customer may choose to close the account and terminate this agreement at any point. replyPUSH may choose to suspend full or partial service at any time, without notice or explanation. Once an account is closed all information associated with it may be deleted.

Amendments to Contract

We may change the Terms at any point, by sending the information to the email address provided on sign up. You agree that the new terms will be effective after seven days after this unless you terminate your account before then.

Username, Password and API Credentials, Notification URL

You the customer holds responsibility for ensuring the account Username and Password are not shared, and kept confidentially. Additionally you will be given special “credentials” on your account profile page: Account No, API ID, API Key (the latter two sometimes referred Secret Key, and Secret ID). Keep these confidential at all times. To use the service these will need to be stored on the server of / or with the software you are using the service with, in a secure and private way. Account No is send publicly when using the service, however you should still otherwise keep this private to order to create a lack of public association to any other information or the credentials of you account. API ID, API Key are used to “sign” the some of the headers through cryptographic means for use in authentication (as per documentation), but should not be exposed directly. Additionally you will need to provide a single Notification URL for receiving the messages. This URL must be publicly associable to receive HTTP POST from he service. Make sure the URL is one that is not easily guessable, (such as including random characters), and not shared with any other party.

Payment Plans

In order to receive notification replies back to the Notification URL or other advertised services under a plan, you must either have the express discretion of replyPUSH, such as trial periods or beta testing programs to be ceased by replyPUSH at any point, or be on a valid payment plan. The conditions of payment plans are:

Payment Plans

In order to receive notification replies back to the Notification URL or other advertised services under a plan, you must either have the express discretion of replyPUSH, such as trial periods or beta testing programs to be ceased by replyPUSH at any point, or be on a valid payment plan. The condition of payment plans are outline as followed:

  1. You must provide valid payment information (e.g. credit/debit card details) using our choice of payment gateway with the gatways payment options available and billing address, in order for us to take payments.
  2. You are to pay an initial amount in full as advertised, for the payment period and every period till account is canceled or payment plan is stopped/suspended, and any money owed from past periods is payed.
  3. You will pay additional amount(s) when advertised usage target(s) are reached for that period when you reach these targets. If the account is canceled or payment plan is stopped/suspended any money owed must be payed.
  4. We will attempt to take payment as authorized to do so by the card holder or payer who the customer must have permission from, at the period, target or through the customer initiative.
  5. If unable to take payment money owed must be be paid to us within 24 hours and you will be notified by email, or full service will be suspended and the plan stopped/suspended.
  6. When we attempt to take payment, we would take the amount currently on balance at that point. We will continue to attempt to take payment on money owed a number of times and will resume doing so when payment details are amended.
  7. If we decide that we are unlikely to be able to collect payment from the customer, we may choose to terminate the account and even permanently ban the customer from using the service.
  8. You can update your payment details at any time for the next payment(s), and if payment has failed.
  9. So long as you have an money owed, you must provide up to date valid payment information (e.g. credit/debit card details) which authorizes us to payment under the payment plan conditions and up to date billing address.
  10. We do not hold your payment information (e.g. credit/debit card details) details directly, these are provided to a trusted payment gateway service, which gives us a customer reference with which to take payment through.
  11. We cannot give refunds if replies have been received and processed for that period. We can give refunds on request, for a period, if no replies have been processed for that period and the plan is stopped. Once a reply is associated with an account and authenticated using account credential it is considered processed whether it is sent on or not.
  12. Where payment is stopped/incomplete and full service is stopped/suspended as a result, if the current period is not yet over and payment on money owed is made, then service will commence as before, whereas if money is owed for the previous period, you will require to pay for the last period, and then reapply to the plan in order for full service to commence.
  13. We reserve the right to cease and amend payment plans, at any time. You payment plan will be honored until the next period would start. Amended plans would be effective when that next period starts. Where a plan is no longer offered you can apply to available plans. We will give you 30 days notice to any change or cessation to a payment plan, prior to change or cessation of plan.

Rights and Rules

You shall respect our proprietary rights in the Website and the software used to provide replyPUSH, and you may not obtain or use without our permission. Additional distributed software is normally individually licensed (such as MIT), and you may use this under the terms of that license.

replyPUSH doesn't attempt to publish notification replies on your site, you the customer does so. replyPUSH processes and filters the content of messages for security and formating purposes, but is not interested in “reading” the content of messages. It is the service's intent to clear the messages a quickly as possible and not hold on to them for longe than we have to. If it is unable to send as soon as possible, because the Notification URL is not reachable, or there is sever error when requesting Notification URL or some other transport issue, it will try again a number of times. If it is ultimately unable to send the message, it will discard it. The service tries its best clear the content of messages that have not been sent within three days.

If you have concerns over messages held, we are able to clear any message we have relating to that account at that point in time, but not on an individual basis.

We will not share the content of messages with anyone outside of the service, and the sole destination for the messages would be the Notification URL if not discarded/rejected.

You are responsible for ensuring that your users and yourself don't abuse the service, respect the privacy others, don't don't send bulk unsolicoted data (Spam) or otherwise don't break the law. We do not know about your users (only the email the replies are believed to be coming from), and it your responsibility to moderate you user base.

Please read our Cookies and Privacy Policy, which is treated as part of these Terms of Use, which concerns the website, service and accounts.

You may only use our website as intended the website as intend and the service for the processing your user's replies. We may throttle your use of the service at our discretion.

You represent and warrant that your use of the service complies with any applicable laws and regulations. You are responsible for determining the suitability of use regarding laws and regulations.

If you are aware of anyone violating the the Terms of Use you are required to notify us immediately.

Help and Support

We provide help and support via the help forum. This is a mixed community of account holders and staff. Any views expressed don't necessarily reflect our own as members are free to give advice. We don't guarantee any outcome as a result of advice and are not you will accept we are not liable to any damages as a result of advice given. We will try to respond to legitimate problems relating to account use listed under the terms for members.

All members using the help forums must abide by the Terms of Use, and respect all other users.

Members must not will not use the help forum to post any material which is knowingly misleading or defamatory, false, abusive, hateful, harassing, obscene, threatening, invasive of a person's privacy, or otherwise violates any law.

Members agree not to post any copyrighted material unless the copyright is owned by the member.

Any behavior which is not conducive with above, or neither providing/asking for help regarding the service or website shall result in a warning or suspension of account at our discretion.

Members are required to use the appropriate category, and stay on topic for categories an discussions.

Liability

To the maximum extent permitted under law you accept responsibility for any loss resulting in your use of the service or the website, including any content or download linked or associated to the website or service.

To the maximum extent permitted under law you accept that we are not liable for any loss to you resulting from advice received from us, members or the public.

To the maximum extent permitted under law we provide no warranty implied or express, of any kind for the service or website.

You agree to indemnify and hold us, our staff and associates harmless from any losses, including legal fees that aren't permitted under Terms of Use due to limitation of liability or other provision, or any third party claims that you or anyone using your account would violate the Terms of Use.

If it transpires that a part of the Terms of Use isn’t enforceable, then that part will be removed or edited, and the rest of the Terms of Use will still be valid.

You may not assign any of your rights under this Terms of Use to anyone else beyond yourself and the signee. We may assign our rights to any other individual or entity at our discretion.

We won't be liable for any disruption, delays or breaks in service beyond our control.

These Terms of Use, our Cookies and Privacy Policy supersede all prior agreements, representations, and understandings.

Even if the agreement to the Terms of Use is terminated, the following to continue to apply: all under the headings "Liability", "Rights and Rules" and "Payment Plans" where there is money owed by the customer to us, and the Cookies and Privacy Policy.