Terms Of Use

1. Background

1.1 The Terms of Use you find on this page, which also include the Privacy Policy, are all part of a legal agreement between PingPush Inc and the related companies (“Company”, “We” or “Us” as well as you, the user of the product (“You” or “User”). As soon as you start using PingPush, you hereby agree that you are at least 16 years old, that you have the majority age or you’re older than the majority age in your jurisdiction, and that you have read, understood, and agreed to the Terms of Service and Privacy Policy. Moreover, you agree to follow the rules on these pages and respect how PingPush Inc is running the company.

1.2 We have every right to make changes to these pages whenever we find it appropriate. When we make such changes to the Terms of Use, they will come into effect as soon as they get posted to the PingPush website and product. If you keep using PingPush even after the change comes into effect, it means you agree to the modifications. You agree to check the current version of the Terms of Use periodically as posted on the PingPush website and product and keep an eye on potential changes. If you do not agree to any modifications, you will stop using the product altogether.

2. Definitions

2.1 In the Terms of Use, you will find the following terms:

2.1.1 Authority – Authority is referring to all state, national, local, provincial or similar government, governmental, regulatory or administrative branch, agency, authority or a statutory body of commission, as well as any non-governmental administrative or regulatory authority, body, or another organization to the extent that the rules, requirements, standards, regulations, orders or procedures of the body, authority or other organization that have the force of Applicable Law in any tribunal, court, judicial or arbitral body in the jurisdiction;

2.1.2 Minimum Age – This means the minimum age people must have to use PingPush, respectively 16 years of age or older.

2.1.3 Applicable Law – By applicable law, we mean any ordinance, judgment, law, regulation, notification, order, decree, directive, government approval, bye-law, rule of common law, requirement, guideline, or any other governmental restriction or a similar decision form of, or determination by, or any interpretation, administration or policy, with the force of the law of the foregoing, by any Authority that has the jurisdiction over the matter, whether in effect as of the date these Terms of Use are posted or afterward;

3. Product and Restrictions on Use

3.1 We offer a service for communication in the form of the PingPush product. The product is made for businesses so business models that involve client-provider communication within an order or project can use PingPush to run their operations.

3.2 If you start using PingPush, you agree not to (i) use our product for any purpose other than the one we express in these Terms of Use or (ii) adapt, copy, modify, prepare any type of derivative work based upon, transmit, transfer, sell, distribute, publicly perform, publicly display, broadcast or even exploit the product or any part of the product, except what is permitted in our Terms of Use. You receive no rights or licenses by implication or under any intellectual property rights that are controlled by PingPush Inc or the licensors, except for the rights and permissions we bring up in this Terms of Use page.

3.3 As you comply with the Terms of Use, our company will give you a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use our product.

3.4 Our Company has every right to send you a warning if you violate the Terms of Use in any way, as well as suspend or terminate your Accounts created with the Product immediately. By agreeing to these Terms of Use, you also agree that the Company doesn’t have to give you any notice before your account is suspended or terminated, although it can do so.

3.5 Our Company has every right to change or discontinue the Product temporarily or permanently without giving any notice. The Company also has all the rights to refuse a user access to the Product without sending a notification for any reason, including but not limited to violating our Terms of Use.

3.6 The PingPush product can come in different methods, like free and premium. You should know that PingPush Inc has no obligation to offer any support services with respect to the free PingPush version and has every right to suspend the free provision of the PingPush product whenever we deem appropriate or charge a subscription fee for our product.

4. Using the PingPush Product

4.1 By using PingPush, you as the User have the responsibility to maintain the security of the device you install and use the product on. You also have the responsibility to maintain the account security on the PingPush product. All the activities you perform on PingPush using your PingPush account are your responsibility alone. You agree to give us accurate, true, current, and complete information about yourself as the PingPush product asks. In case any information that is inaccurate, untrue, not correct, or incomplete is provided by you or if we have any reasons and reasonable grounds to suspect that the information provided is inaccurate, untrue, not correct, or incomplete or that you are misusing our product in any way, we have every right to terminate, suspend or block your access to the PingPush product indefinitely.

5. Privacy

We care about your privacy a lot, which is why we ask you to please read the PingPush Privacy Policy. It goes into detail about the type of data collected from you and your devices, like personal data. It also describes the way we use your Data and the legal basis for which we have to process the Personal Data you provide. Another thing the Privacy Policy goes into detail about is the way PingPush uses your Personal Data, more specifically in the way you communicate with others for your business operations; postings you submitted using the product, documents, photos, files, digital works, audio or videos that you upload or store through the Product. Processing is based on consent and to the extent the law permits, if you agree to the Terms of Use, you consent to the fact that PingPush collects, processes, uses, and discloses your content and Personal Data as it’s detailed in the Privacy Policy. There will also be situations when we will give a separate notice in order to request your consent as we state in the Privacy Policy.

6. Your Rights

Our Product gives you permission to share any text, information, photos, videos, graphics, links, or any other materials or material arrangements uploaded, downloaded, or appearing on the Product, as well as receive material from others. We will not take over the ownership of the content shared. Instead, this is and will stay your Content, and you will be the one responsible for it.

If you share the Content with other people you communicate with using the Product, you understand that they have the ability to use, save, record, reproduce, transmit, share and broadcast the Content you sent with the other users within that project without offering you any compensation. You should not share any Content if you do not want others to be able to use your Content this way. You represent and warrant that for as long as these Terms last, you have and will have all the rights necessary for the Content uploaded, shared, or stored on or through our Product, and that the collection, retention, and use of the Content is not going to violate any law or rights of other people. Keep in mind that PingPush is not going to be responsible for this Content or the material uploaded, shared, or stored by others using the Product.

7. Intellectual Property Rights

7.1 Every title, rights, and interest in and to every material that is part of the Product (such as text, designs, graphics, videos, pictures, music, information, sound, and other files) except for the Content you share are owned by PingPush Inc, as well as the third-party licensors of the Company.

7.2 You are only given a nonexclusive, revocable, limited license in order to access and make use of our Product after you agree to our Terms of Use. However, you do not obtain intellectual property rights, like the copyrights related to PingPush and the PingPush Product. You cannot rent, revise, resell, lease or distribute our Product or any part of it as a result.

7.3 By using PingPush, you agree that you shall not frame, distribute, copy, reproduce, download, republish, post, transmit, display, scrape or sell in any way or by any means, in part or whole, or exploit the Company’s intellectual property without being given written permission by us. By proceeding with using our Product, you acknowledge that you will now acquire any ownership rights. Every right that is not expressly offered by the Terms of Use is therefore owned and reserved by PingPush Inc and the licensors involved. No license is as such offered hereunder by implication, estoppel, or any other way.

8. Representations, Warranties, and User Obligations

You represent and warrant that:

8.1 You have offered actual and accurate information to our Company with respect to your use of the PingPush product, and that you will also keep the contact information current all the time.

8.2 You are a natural person with the Minimum Age, and you are competent to contract, and you’ve read, understood, and agree with being bound by the Terms of Use on this page.

9. Representations, Warranties, and Company Obligations

We represent and warrant that:

9.1 We operate in compliance with the Applicable Law to offer the Product subject to the Terms on this page.

9.2 We are a legally established company.

9.2 We will always comply with the Privacy Policy and make sure that the data of the Users is secure at all times.

10. User’s Comments / Feedback / Suggestions

If you post comments or submit feedback, opinions, or suggestions, you acknowledge and agree to the following things:

10.1 We have every right to disclose or use this type of User Content in any way, for any purpose, as we think it would be appropriate.

10.2 We have no obligation of confidentiality, implied or express, when it comes to the User Content.

10.3 All comments, feedback, or suggestions that you provide about the PingPush Product is offered voluntarily and we will be free to use all comments, feedback, or suggestions the way we deem appropriate without having any obligation to you.

10.4 If you post or submit User Content, then it shall become our intellectual property right without having any obligations including but not limited to any consideration, compensation, express or implied to You.

11. Links

11.1 It’s possible for the PingPush Product or website to contain different links to other websites. These Linked Sites are not controlled by our Company, and we are therefore not responsible for any content found on any of the Linked Sites, including but not limited to any link contained in the Linked Sites, or updates/changes made on those pages.

11.2 We cannot be held responsible for any type of transmission received by the User by accessing one of the Linked Sites. Any links offered are there for the User’s convenience and including any links doesn’t imply any endorsement by PingPush of the Linked Sites or any association with its owners or operators.

11.3 When accessing any of the Linked Sites, you will be governed by the Privacy Policy and Terms of Use of the site in question, as well as the other extra policies that may exist there. Any additional terms are not going to modify any of these Terms. You shall acknowledge and agree that we cannot be held responsible or liable, directly or indirectly, for any loss or damage that is caused or allegedly caused by any of the Linked Sites, or in connection with the use of or reliance on any such products, advertising, content, services or other materials that are made available through the Linked Sites. Just like that, we also cannot be held responsible or liable for any libel, defamatory content, errors, falsehoods, pornographic material, obscene content, or any type of profanity found on any of these links.

12. Improper Conduct and Fraud

12.1 You may only access the PingPush Product for its lawful purposes. You are the only one responsible for the knowledge of and adherence to any provisions of Applicable Law that pertain to the way you use the PingPush Product. You thus agree to the fact that you shall not:

12.1.1 Ridicule, stalk, defame, libel, harass, threaten, intimidate or abuse anyone.

12.1.2 Disrupt the normal communication flow or do anything that affects the way other Users use PingPush;

12.1.3 Disrupt or interfere with the Product or networks or servers that are connected to our Product, or disobey any policies, procedures, regulations, or requirements connected with our Product.

12.1.4 Interfere in any way with other people’s ability to access or use the PingPush Product.

12.1.5 Upload, transmit, post or disseminate any type or inappropriate material or content, as well as information that is pornographic, vulgar, indecent, obscene, sexual or has any graphic violence or offensive language, as well as objectionable or criminal activity.

12.1.6 Violate any sort or Applicable regulation or law, or encourage or promote illegal activities like cracking, hacking, or distribution of counterfeit software, as well as hacks or cheats for the Product or other such things.

12.1.7 Violate the personal, contractual, intellectual property, confidentiality, or any other right that belongs to another party that includes transmitting, uploading, using, making available, or distributing information that was made available through our Product in any way that infringes any trademark, trade secret, copyright, patent, or another right of just any party.

12.1.8 Transmit or upload any type of file that contains worms, time bombs, Trojan horses, viruses, corrupted files or data, cancelbots, and any similar type of program or software meant to disrupt or damage the operations of our Product or the computers of other Users.

13. Disclaimer and Limitation of Warranty

13.1 Our website and the PingPush product are provided “AS IS” without warranties of any kind, either implied or express. We, therefore, disclaim any warranties, implied or express, with respect to the website, to PingPush including, but not limited to, non-infringement or another intellectual property rights violation of any kind to the fullest extent.

13.2 We shall not be held liable for any type of information shared through the PingPush product that violates any applicable law or has any material errors or is in any way obscene, defamatory, infringes any right of an entity or person, or invades the right of privacy of someone.

13.3 We do not warrant or make representations regarding the accuracy, validity, use, or reliability of the information shared through the PingPush product.

13.4 We shall not be held liable for any indirect, direct, consequential, or incidental damages that the User incurred due to the use of the Product or the non-availability of the PingPush Product.

13.5 The content that exists on the PingPush Product is in no way a reflection of our view or opinion on any subject matter. Therefore, we are not responsible and cannot be held liable for any view or opinion posted by the Users of the PingPush Product.

13.6 If the PingPush Product dissatisfies or harms you in any way when it comes to anything related to it, you shall terminate the Terms of Use by deleting your account credentials that are associated with PingPush.

13.7 We shouldn’t be held liable for any type of loss or damage that occurred to your computer system or any other electronic device or data as a result of any content you got from the Product, any conduct or content of any third party on the services, your access to or use of or inability to access or use our Product, unauthorized access, alteration or use of your transmissions or content.

13.8 We shall have the entitlement to vary, add, or amend any or all the terms on this page at any time, and the user will be bound by the variation, addition, or amendment as soon as it’s added to these Terms of Use.

13.9 We shall have the entitlement to disclose to the Authority, as the Applicable Law or any directive or request from a government body requires, the particulars of the Users that engage with the PingPush product.

13.10 You read, understand, and acknowledge that the Product is not meant to support or handle calls to any type of emergency service. As such, PingPush Inc cannot be held liable for any attempt to perform an emergency call.

14. General

Unless we purposely specify it, the Terms of Use and Privacy Policy of our company constitute the whole agreement between You and Us. If we fail to act with respect to a breach by you or other Users, it doesn’t waive Our right to act for other similar breaches.

15. Severability

If in any way something from the Terms of Use is determined to be unenforceable or invalid according to the Applicable Laws, then the unenforceable or invalid provision will be subject to a suspension by a valid, enforceable provision that most closely matches the original provision’s intent. Meanwhile, the remainder Terms of Use for the Product will continue to be in effect.

16. Indemnification

You agree to indemnify Us for any damages or losses that result from any third-party claims or complaints that arise from or in connection with Your actions on our website or the PingPush Product.

17. Termination

The Terms of Use on this page will be terminated when the User stops using the PingPush product and website. If you breach any of the Terms of Use, then we have the right to terminate these Terms of Use with respect to You without any notice.

You also agree that when the Terms of Use are terminated, we may delete any information related to you concerning the Product you availed and according to the Privacy Policy of PingPush. As a result, logging into PingPush will not be possible anymore.