Terms of Use — PushALink

Welcome to PushALink. These Terms of Use ("Terms") govern your access to and use of PushALink services, websites, APIs, mobile apps and related tools (collectively, the "Services"). By accessing or using the Services you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Who we are

PushALink is a product developed and operated by Adaptiveware (Pty) Ltd, a company incorporated in South Africa (Registration number 2019 / 567504 / 07). If you need to contact us, please use the contact information in Section 15.

2. Acceptance and changes to these Terms

We may update these Terms from time to time. When we do, we will post the revised Terms with a new effective date. Continued use of the Services after such changes constitutes acceptance of the updated Terms.

3. Eligibility

You must be legally capable of entering into contracts in your jurisdiction and at least 18 years old (or the age of majority where you reside) to use the Services. By using the Services you represent and warrant that you meet these eligibility criteria.

4. Accounts, API keys, and security

Some features of the Services require registration and an account ("Account"). You are responsible for all activity that occurs under your Account and for maintaining the confidentiality of any credentials or API keys issued to you.

• API Keys: If we issue API keys or tokens, you must protect them as confidential. Do not embed keys in client-side code, public repositories or other places where unauthorized parties could access them.
• Keys & Rotation: You are responsible for rotating, revoking, and replacing API keys if you suspect compromise. We may revoke keys that violate these Terms or our security requirements.
• Access Control: If you permit others to access the Service through your Account, you are responsible for their actions.

5. Billing, auditing & invoices

Some features of PushALink may be paid. If you subscribe to paid Services, the following applies:

• Billing: You agree to pay all fees, taxes and other charges in accordance with fees and billing terms presented at purchase.
• Payment Methods: We accept the payment methods displayed during sign-up. You authorize us to charge those methods for fees owed.
• Auditing & Usage Reports: We provide usage and billing reports through the dashboard or API. You should regularly review these reports. If you detect an unexpected charge, contact us promptly.
• Disputes: Disputes must be raised within 60 days of the invoice date; otherwise you waive the right to dispute the charge.

6. Minimal data and privacy

PushALink follows a principle of collecting the minimal personal data required to deliver the Services. Our Privacy Policy explains what data we collect, how we use it, how long we retain it, and your rights. By using the Services you consent to the collection, use and sharing described in that policy. If you need a copy, please contact us (Section 15).

7. Service description & message handling

PushALink provides tools to send and forward notifications, messages, or links to recipients as configured by users ("Notifications"). Important operational notes:

• Message status: Messages may be tracked with statuses such as queued, sent, delivered, failed, or blocked. We provide status metadata in the dashboard and API.
• Delivery guarantees: While we maintain reasonable efforts to deliver Notifications, we do not guarantee delivery times or that recipients will receive content. Delivery depends on third-party networks and recipient configuration.
• Minimal retention: We retain minimal metadata necessary to operate the system and comply with legal obligations. Content retention periods are set out in our Privacy Policy and retention controls in the dashboard where available.

8. Reporting abuse and blacklisting

PushALink provides mechanisms for reporting abuse (spam, malicious or unlawful activity). Users may report abusive content via the in-dashboard reporting flow or by contacting our support team. On receipt of bona fide reports we may:

• Investigate the reported activity;
• Temporarily suspend or permanently terminate Accounts that violate these Terms;
• Add offending email addresses, phone numbers, IPs or Accounts to an internal blacklist to prevent further misuse of PushALink; and
• Block forwarding of Notifications from blacklisted addresses.

We are not obligated to restore any suspended or terminated content or Accounts, but may do so in our sole discretion after review.

9. Prohibited uses

When using the Services you must not, and must not assist or enable others to:

• Use the Services for illegal, fraudulent, or malicious purposes (including unsolicited bulk messaging/spam, phishing, malware distribution, or harassment).
• Attempt to gain unauthorized access to any systems, data or accounts.
• Resell PushALink to third parties without an express written agreement with Adaptiveware.
• Interfere with or circumvent our security measures, rate limits, or billing systems.
• Use the Services in a manner that violates export control or sanctions laws.

10. User content and responsibility

"User Content" means the content you submit, send, forward or store using the Services. You retain ownership of your User Content but grant us a non-exclusive, worldwide, royalty-free license to host, transfer and display it as necessary to provide the Services.

You are solely responsible for the legality, reliability, and appropriateness of your User Content and for complying with all applicable laws (including anti-spam and data protection laws) when sending Notifications. You will obtain all necessary consents from recipients where required by law.

11. Intellectual property

All rights, title and interest in and to PushALink, our trademarks, trade names, software, designs, APIs and other intellectual property are owned by Adaptiveware (Pty) Ltd or our licensors. Except for the limited rights expressly granted to you in these Terms, we reserve all rights.

12. Modifications, interruptions and updates

We may modify, suspend, or discontinue the Services (or features) in whole or in part at any time, with or without notice. We do not guarantee continuous, uninterrupted access to the Services; scheduled maintenance or emergency maintenance may result in outages. We will use reasonable efforts to provide notice where practicable.

13. Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind. To the fullest extent permitted by applicable law, Adaptiveware disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement.

14. Limitation of liability

To the maximum extent permitted by law, Adaptiveware (including its officers, directors, employees and agents) will not be liable for:

• Indirect, incidental, special, consequential or punitive damages;
• Loss of revenue, business interruption, loss of data, or loss of profits; or
• Any claim arising from third-party services or networks used to deliver Notifications.

Our aggregate liability for direct damages arising out of or related to these Terms shall not exceed the amount you actually paid to Adaptiveware for the Services in the 12 months preceding the claim. If you have not paid Adaptiveware for the Services, our aggregate liability will not exceed ZAR 1,000 (or equivalent).

15. Indemnity

You agree to indemnify, defend and hold harmless Adaptiveware and its affiliates from and against any claims, liabilities, losses, damages, costs (including reasonable legal fees) arising from or relating to your breach of these Terms or your use of the Services.

16. Termination

Either party may terminate your Account or access to the Services at any time for any reason with notice. We may suspend or terminate your Account immediately if you materially breach these Terms or for security, legal or operational reasons.

Upon termination, any outstanding payment obligations survive. We may delete or anonymize Customer Data after termination in accordance with our Privacy Policy and data retention practices.

17. Governing law and dispute resolution

These Terms are governed by the laws of the Republic of South Africa, without regard to conflict-of-law rules. Parties will attempt to resolve disputes amicably. If a dispute cannot be resolved informally within 30 days, it may be submitted to the competent courts of South Africa.

18. Export compliance

You agree to comply with all applicable export and re-export control laws and regulations. You must not use the Services in violation of any such laws, including economic sanctions and trade embargoes.

19. Third-party services

The Services may use third-party services (e.g., SMS gateways, email providers, push notification services). Use of third-party services may be subject to their separate terms; we are not responsible for third-party acts or omissions.

20. Changes to the Services and terms

We may change or deprecate features. When material changes to these Terms are made, we will provide notice by posting a revised version on our website or sending email to the account contact on file. Continued use of the Services after the effective date of the updated Terms constitutes acceptance.

21. Contact

If you have questions about these Terms, need to report abuse, or require support:

• Contact: info@adaptiveware.co.za