Terms of Service

Last Updated: December 9, 2024

These Terms govern your access to and use of the products and services we provide through or for pwpush.com and Apnotic.com (collectively referred to as the “Services”).

For certain Apnotic products, services, and programs (such as pwpush-cli or others), additional or separate terms and policies may apply.

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of the Services, you agree to be bound by these Terms, as well as any operating rules, policies, or procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically modify, update, or expand our Services as outlined in these Terms, and the Agreement will apply to any such changes.

1. Who’s Who

“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

Please see below to determine which entity your Agreement is with, which depends on where you reside and which Services you use. We use the term “Designated Countries” to refer to Australia, Canada, Japan, Mexico, New Zealand, Russia, and all countries located in Europe.

Apnotic Services

• If you reside outside of the Designated Countries: Apnotic, LLC.

We refer to Apnotic, LLC. as “Apnotic,” “us,” or “we” throughout these Terms.

2. Your Account

When using our Services that require an account, you agree to provide complete and accurate information and to keep it up to date so we can communicate with you about your account. We may need to send you important emails, such as notifications about updates to our Terms of Service or Privacy Policy, or information regarding legal inquiries or complaints related to your use of our Services. These communications ensure you can make informed decisions in response.

We may restrict your access to our Services until we can verify your account information, such as your email address.

When you create a pwpush.com account, we consider it an inquiry about our products and services. This means we may contact you to provide additional information about our offerings (including marketing communications). If you’re not interested, don’t worry — you can opt out of marketing communications at any time, whether they come via email, phone, or text message.

You are solely responsible for all activity under your account and for maintaining its security, including safeguarding your password. We are not liable for any actions or omissions on your part, including any resulting damages.

Do not share or misuse your access credentials. Notify us immediately of any unauthorized access to your account or other security breaches. If we suspect your account has been compromised, we may suspend or disable it to protect your information and our Services.

For more details about how we handle the information you provide, please refer to our Privacy Policy.

3. Minimum Age Requirements

Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe).

You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.

4. Responsibility of Visitors and Users

We don’t access, review, or monitor any user-submitted content (such as text, photos, videos, audio, code, computer software, or other materials) posted through our Services (“Content”). Content is only available to those with whom you share the secret URL. It is entirely your responsibility to ensure that Content you create or share complies with applicable laws and the Agreement.

We’re not responsible for any use or effects of Content or third-party websites linked to or from our Services. For example:

• We have no control over third-party websites.
• A link to or from our Services does not represent or imply our endorsement of any third-party website.
• We do not endorse or verify the accuracy, usefulness, or safety of any Content. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
• You’re fully responsible for any Content you create, post, or share using our Services, and any harm resulting from that Content. It’s your responsibility to ensure that your Content abides by applicable laws and the Agreement.
• We’re not responsible for any harm resulting from anyone’s access, use, or downloading of Content, or for any harm caused by third-party websites. You must take the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
• We are not a party to, and have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.

Please note that additional third-party terms and conditions may apply to Content you download, copy, or use.

5. Fees, Payment, and Renewal

a. Apnotic Fees

Fees for Paid Services. Some of our Services are offered for a fee, such as certain pwpush.com plans (collectively, “Paid Services”). This section applies to any purchases of Paid Services.

By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, fees may be one-time or recurring. For recurring fees (subscriptions), your subscription begins on your purchase date, and we’ll bill or charge you at the automatically-renewing interval (such as monthly, annually, or biennially) you select, on a pre-pay basis, until you cancel. You can cancel at any time by contacting the relevant support team.

Taxes. Unless explicitly stated otherwise or permitted by law, all fees exclude applicable federal, provincial, state, local, or other governmental sales, value-added, goods and services, harmonized, or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes related to your use of our Services, payments, or purchases. If we’re obligated to pay or collect Taxes on your behalf, you agree to reimburse us, and we may collect such Taxes directly from you.

Payment. You must provide accurate and up-to-date payment information. By providing your payment information, you authorize us to store it until you request its deletion. If your payment fails, we suspect fraud, or Paid Services remain unpaid (e.g., if you dispute a charge with your bank or credit card company), we may immediately cancel or revoke your access to Paid Services without notice. You authorize us to charge updated payment details provided by your bank or payment service provider (e.g., updated expiration dates) or other available payment methods if your primary payment method fails.

Automatic Renewal. By enrolling in a subscription, you authorize us to automatically charge the applicable fees and Taxes for each subsequent subscription period until the subscription is canceled. If you received a discount, coupon, or free trial, your subscription will automatically renew at the full price of the subscription after the promotional period ends. To prevent automatic renewal, you must cancel at least one month before the scheduled end date of any annual subscription, or at least 24 hours before the end of shorter subscription periods. Renewal dates are based on the original purchase date and cannot be changed. If you’ve purchased multiple services, you may have multiple renewal dates.

You can view renewal dates, cancel, or manage subscriptions on your subscriptions page or by contacting the support team.

Fees and Changes. We may change our fees at any time, subject to these Terms and applicable laws. This includes increasing fees, introducing fees for previously free Services, or modifying features previously included in the fees. If you don’t agree to these changes, you must cancel your Paid Service.

Refunds. Refunds may be available for certain Paid Services under our refund policy or if required by law. In other cases, all payments are final and non-refundable.

We may enforce a “no-show policy” for certain Paid Services that require your participation. This means if you don’t attend, participate in, or are late for a scheduled session, you’ll still be charged for the Paid Service and won’t be eligible for a refund.

European Users:

You have the right to withdraw from the transaction within fourteen (14) days of purchase without giving a reason, provided that the purchase was not for downloadable content or of a customized nature, and (i) the service has not been fully performed, or (ii) subject to other legal limitations. For digital content, you agree that it will be made available to you immediately upon purchase, and you waive your right of withdrawal for such content.

If you cancel this contract, we will reimburse all payments received from you, including delivery costs (except additional costs for non-standard delivery methods), without undue delay and no later than fourteen days from receiving your cancellation request. Refunds will be processed using the original payment method unless otherwise agreed, and no additional fees will be charged. If services began during the withdrawal period, you will owe us a prorated amount corresponding to the services provided before cancellation. Once you cancel, you must refrain from using the digital content or services and may not share them with third parties.

To exercise your right of withdrawal, send a clear, written request to: Apnotic, LLC, P.O. Box 3938, Peabody, MA 01961, or use this feedback form.

6. Feedback

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.

7. General Representation and Warranty

Our mission is to make the web a more secure place, and our Services are designed to give you control and assist in improving your security. By using our Services, you represent and warrant that your use:

• Will be in strict accordance with the Agreement;
• Will comply with all applicable laws and regulations (including, without limitation, laws regarding online conduct, acceptable content, licensing, privacy, data protection, the transmission of technical data exported from the United States or your country of residence, the use or provision of financial services, notifications and consumer protection, unfair competition, and false advertising);
• Will not be for any unlawful purposes, to publish illegal content, or to further illegal activities;
• Will not infringe or misappropriate the intellectual property rights of Apnotic or any third party;
• Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined solely by us;
• Will not disclose the personal information of others;
• Will not be used to send spam or bulk unsolicited messages;
• Will not interfere with, disrupt, or attack any service or network;
• Will not create, distribute, or enable material that facilitates or operates in conjunction with malware, spyware, adware, or other malicious programs or code;
• Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
• Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.

8. Specific Service Terms

a. pwpush.com Accounts

pwpush.com enables you to securely share, request and track access to information and files, and we would love for you to use it. A pwpush.com account also allows you to sign into some of our other Services.

pwpush.com’s basic service is free, and we offer paid plans that add advanced features such as team collaboration, a custom domain name, and other premium features. We don’t own your content, and you retain all ownership rights to the content you post. However, please be responsible for what you publish. In particular, ensure that nothing prohibited (like spam, viruses, or serious threats of violence) appears on your pushes or requests.

Prohibited Uses. Your usage and conduct must comply with these Terms and applicable laws. In general, you must not engage in activities or post content that could harm others, disrupt the Services, or violate applicable laws. For example, prohibited uses include, but are not limited to: - Posting spam, malware, or viruses; - Making serious threats of violence or harm; - Harassing or abusing others; - Engaging in illegal activities; or - Violating intellectual property rights.

We reserve the right to remove content or terminate accounts for violations of these rules or applicable laws.

9. Copyright Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please contact us directly by sending a written notice to support@pwpush.com with the relevant details, including:

• A description of the copyrighted work you claim has been infringed;
• A description of where the infringing material is located on our Services (e.g., a URL);
• Your contact information, such as your address, telephone number, and email address;
• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.

Note: Pushes and requests on pwpush.com are ephemeral by design. Content is only available for a limited time or number of views. Once one of these thresholds is met, the content is automatically self-deleted. This ensures an added layer of security and privacy for users.

10. Intellectual Property

The Agreement doesn’t transfer any Apnotic or third-party intellectual property to you. All rights, titles, and interests in such property remain solely with Apnotic (or, where applicable, Apnotic’s licensors). This includes, but is not limited to, trademarks, service marks, graphics, and logos used in connection with our websites or Services.

Apnotic, pwpush.com, and all other related trademarks, service marks, graphics, and logos are trademarks or registered trademarks of Apnotic (or Apnotic’s licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may belong to third parties.

Using our Services does not grant you any right or license to reproduce, distribute, or otherwise use any Apnotic or third-party trademarks or intellectual property without prior written consent.

11. Third-Party Services

While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications (such as themes, extensions, plugins, blocks, or point-of-sale terminals) provided or manufactured by a third party or yourself (“Third-Party Services”). Certain Third-Party Services may indicate that they are sold or licensed by Apnotic, with support provided by Apnotic.

If you use any Third-Party Services, you understand and agree that:

• Third-Party Services are not vetted, endorsed, or controlled by Apnotic.
• Unless explicitly stated that Apnotic provides support, any use of a Third-Party Service is at your own risk. Apnotic will not be responsible or liable for any Third-Party Services.
• Even if you purchase a Third-Party Service through a marketplace operated by Apnotic, any services or functionality related to that service are subject to and governed by the terms and policies of the third party (“Third Party”).
• Some Third-Party Services may request or require access to your data — or the data of your visitors or customers — through mechanisms like pixels or cookies. If you use a Third-Party Service or grant them access, the data will be handled in accordance with the Third Party’s privacy policy and practices. You should carefully review their policies before using any Third-Party Services. Note that Third-Party Services may not function properly with our Services, and we may not provide support for issues caused by Third-Party Services.
• If you have questions or concerns about how a Third-Party Service operates or require support, you should contact the Third Party directly unless Apnotic is explicitly stated as providing support.

In rare cases, we may, at our discretion, suspend, disable, or remove Third-Party Services from your account.

12. Changes

We may modify these Terms from time to time to reflect changes to our Services (e.g., adding new features or benefits, or retiring certain features) or for legal, regulatory, or security reasons. When we make changes, we’ll provide notice, such as by posting the amended Terms and updating the “Last Updated” date. If we determine, at our sole discretion, that the changes are material, we may notify you through our Services or other forms of communication.

Unless stated otherwise, the amended Terms will take effect immediately and apply on a going-forward basis. By continuing to use our Services after we’ve provided notice, you agree to be bound by the updated Terms.

If you object to any changes, you have the right to stop using our Services and cancel any active subscriptions at any time.

13. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately. This includes situations where we believe, at our sole discretion, that you have violated this Agreement, any applicable terms, or policies.

We have the right (though not the obligation) to: - Refuse or remove any content that, in our reasonable opinion, violates any part of this Agreement or any Apnotic policy, or is in any way harmful or objectionable; - Restrict resources, adjust settings, or terminate access to the Services if your usage significantly burdens our systems; or - Terminate or deny access to any of our Services to any individual or entity for any reason.

We have no obligation to provide a refund for any fees previously paid if access is terminated.

You may stop using our Services at any time. If you use a Paid Service, you may cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.

14. Disclaimers

Our Services are provided "as is". Apnotic and its suppliers and licensors disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.

Neither Apnotic nor its suppliers and licensors make any guarantees that our Services will be error-free or that access will be continuous or uninterrupted. You acknowledge that any content or services you download or otherwise obtain through our Services are accessed at your own discretion and risk.

15. Jurisdiction and Applicable Law.

Except as otherwise required by applicable law, this Agreement and any access to or use of our Services will be governed by the laws of the state of Wyoming, U.S.A., excluding its conflict of law provisions and the application of the United Nations Convention on Contracts for the International Sale of Goods.

The proper venue for any disputes arising out of or relating to this Agreement or your use of our Services will be the state and federal courts located in Wyoming, U.S.A.

Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions of the laws in your country of residence.

16. Limitation of Liability

In no event will Apnotic, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) under any contract, negligence, strict liability, or other legal or equitable theory for:

• (i) any special, incidental, or consequential damages;
• (ii) the cost of procuring substitute products or services;
• (iii) interruption of use, loss, or corruption of data; or
• (iv) any amounts exceeding $50 or the fees paid by you to Apnotic under the Agreement during the twelve (12) months prior to the cause of action, whichever is greater.

Apnotic shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing limitations shall not apply to the extent prohibited by applicable law.

European Users: If we cause damage to you and you are a consumer in Europe, our liability is limited to the maximum amount permissible under the laws of your country of residence. Liability will be limited to foreseeable damages arising from a breach of material contractual obligations typical for this type of agreement. Apnotic is not liable for damages resulting from a non-material breach of any other applicable duty of care.

These limitations do not apply to:

• Statutory liability that cannot be limited;
• Liability for death or personal injury caused by our negligence;
• Liability caused by willful misconduct or gross negligence;
• Liability for something we have specifically promised to you.

You and we agree that the total liability of Apnotic and its affiliates is limited to the greater of $50 or the amount paid by you for our Services during the twelve (12) months preceding the claim. To the extent that our liability is limited or excluded, the same limitations or exclusions will also apply to the personal liability of our employees, legal representatives, and agents.

17. Indemnification

You agree to indemnify and hold harmless Apnotic, its contractors, licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses (including attorneys’ fees) arising out of or related to:

• Your use of our Services;
• Your violation of this Agreement;
• Your violation of any agreement with a provider of third-party services used in connection with the Services; or
• Any content you post or actions you take that violate applicable law.

This indemnification includes, but is not limited to, claims brought by third parties as a result of your conduct.

18. US Economic Sanctions

You agree that our ability to provide Services to you is subject to compliance with U.S. sanctions, which restrict or prohibit access to our Services in certain circumstances. By using the Services, you represent and warrant that:

• (i) You are not located in or residing in any country or territory subject to comprehensive U.S. sanctions (currently Cuba, Crimea, Iran, North Korea, Donetsk People’s Republic, Luhansk People’s Republic, and Syria);
• (ii) You are not listed on any U.S. government list of prohibited or restricted parties, such as the OFAC Specially Designated Nationals and Blocked Persons List, or otherwise subject to U.S. sanctions that would prohibit your access to or use of our Services; and
• (iii) You will not use or allow access to the Services by any of your customers or potential customers (if applicable) in any manner that would cause Apnotic to violate U.S. export controls or sanctions.

We reserve the right to restrict or block your access, or the access of your customers or potential customers (if applicable), to the Services and/or terminate this Agreement at any time without notice if we determine, at our sole discretion, that such access may cause a violation or create an unacceptable risk to us under export controls or sanctions.

19. Data Processing Agreement

If you require a data processing agreement (DPA) to comply with GDPR requirements that apply to us as a data processor, please contact us directly at support@pwpush.com to discuss your needs.

20. Translation

These Terms were originally written in English (US). If we translate these Terms into other languages, and there is a conflict between the translated version and the English version, the English version will prevail.

21. Miscellaneous

The Agreement (along with any additional terms we provide that apply to specific Services) constitutes the entire agreement between Apnotic and you regarding our Services. If any part of the Agreement is found to be unlawful, void, or unenforceable, that part will be severed from the Agreement and will not affect the validity or enforceability of the remaining provisions.

A waiver by either party of any term or condition of the Agreement, or any breach thereof, will not constitute a waiver of that term, condition, or any subsequent breach.

Apnotic may assign its rights under the Agreement without restriction. You may assign your rights under the Agreement only with our prior written consent.