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IMPORTANT: Please read these Terms of Service carefully before using Notify'n. By accessing or using our Service, you acknowledge that you have read, understood and agree to be legally bound by these Terms. If you do not agree, you must not access or use the Service.
In these Terms of Service, unless the context otherwise requires:
Unless the context otherwise requires: (a) "includes" and "including" are not limiting; (b) "or" is not exclusive; (c) words in the singular include the plural and vice versa; (d) headings are for convenience only and shall not affect interpretation; (e) references to statutes include amendments thereto and successor legislation.
By creating an account, accessing or using the Service in any manner, you represent and warrant that: (a) you have read, understood and agree to be bound by this Agreement; (b) you have the legal capacity and authority to enter into this Agreement; (c) if you are accepting on behalf of an organisation, you have the authority to bind that organisation to this Agreement; and (d) you are at least 18 years of age or the age of legal majority in your jurisdiction.
We reserve the absolute and unconditional right to modify, amend or replace these Terms at any time, in our sole discretion, with or without notice. Material changes will be posted on our website and, at our discretion, communicated via email. Your continued use of the Service following any modifications constitutes your irrevocable acceptance of such changes. If you do not agree to any modified terms, your sole and exclusive remedy is to terminate your use of the Service.
The following policies are incorporated by reference and form an integral part of this Agreement:
Notify'n is an AI-powered multi-channel marketing platform that provides, subject to the terms and conditions of this Agreement:
The Service is offered in various subscription tiers, each with specific features, limitations, and pricing. Feature availability, sending limits, contact limits and API rate limits vary by tier and are detailed on our pricing page. We reserve the right to modify tier features and limitations at any time, provided that material reductions to paid tiers will not take effect until the next renewal period.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE DO NOT AND CANNOT GUARANTEE MESSAGE DELIVERABILITY ACROSS ANY CHANNEL (EMAIL, SMS, WHATSAPP, PUSH OR VOICE). Message delivery is subject to numerous factors beyond our control, including but not limited to: recipient server policies, spam filters, blacklists, sender reputation, content quality, recipient engagement, carrier filtering, device settings, internet infrastructure and third-party platform policies. We provide the infrastructure and best practices to optimise deliverability, but ultimate delivery is at the discretion of receiving servers, carriers and platforms. Under no circumstances shall we be liable for any messages that fail to reach their intended recipients.
We reserve the right, in our sole and absolute discretion, to modify, suspend or discontinue any aspect of the Service at any time, temporarily or permanently, with or without notice. This includes, without limitation, the right to: add, remove or modify features and functionality; change pricing structures (effective upon renewal); impose new limits on Service use; and sunset products or features. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
To access the Service, you must create an account by providing accurate, current and complete information as prompted by our registration process. You represent and warrant that all information provided is truthful and that you will maintain the accuracy of such information. Providing false, misleading or outdated information constitutes a material breachof this Agreement and grounds for immediate account termination.
You are solely and exclusively responsible for: (a) maintaining the confidentiality of your account credentials; (b) all activities that occur under your account, whether or not authorised by you; (c) implementing appropriate security measures, including strong passwords and two-factor authentication; and (d) promptly notifying us of any suspected unauthorised access or security breach. We explicitly disclaim any and all liability for any loss or damage arising from your failure to comply with these security obligations.
Accounts may be designated as individual or organisational. For organisational accounts, the account owner assumes full responsibility for all Authorised Users' compliance with this Agreement. We may impose additional verification requirements for organisational accounts, including business verification, domain verification and identity verification.
Each individual or entity may maintain only one account unless expressly authorised in writing by us. Creating multiple accounts to circumvent restrictions, abuse promotions or evade suspension constitutes fraud and will result in permanent termination of all associated accounts without refund.
As between the parties, you retain all right, title and interest in and to your Customer Data. Subject to the limited licenses granted herein, nothing in this Agreement shall be construed to transfer ownership of Customer Data to us.
You hereby grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to use, reproduce, modify, display, transmit and process your Customer Data solely as necessary to: (a) provide, maintain and improve the Service; (b) generate aggregated, anonymised analytics and benchmarks; (c) train and improve our machine learning models; (d) comply with legal obligations; and (e) enforce this Agreement. This licence survives termination for anonymised and aggregated data.
You represent, warrant and covenant that:
You shall not upload, transmit or distribute any content that: (a) violates any law or regulation; (b) infringes intellectual property rights; (c) contains malware, phishing or fraudulent schemes; (d) is defamatory, obscene or hateful; (e) promotes violence or illegal activities; (f) constitutes spam or unsolicited commercial messages; or (g) violates our Acceptable Use Policy. A full list of prohibited content and conduct is set forth in our Acceptable Use Policy.
We reserve the right, but assume no obligation, to monitor, review, screen or analyse Customer Data. We may, in our sole discretion, remove or disable access to any content that we determine, in our sole judgment, violates this Agreement or applicable law, or may expose us to liability. We may cooperate with law enforcement and regulatory authorities in investigating potential violations.
You agree to pay all fees associated with your selected subscription tier as set forth on our pricing page at the time of purchase. All fees are stated in United States Dollars unless otherwise specified and are exclusive of all taxes, levies and duties imposed by taxing authorities.
Subscription fees are billed in advance on a monthly or annual basis, depending on your selected billing cycle. Your subscription will automatically renew at the end of each billing period unless cancelled prior to the renewal date. For annual subscriptions, you must cancel at least 30 days before renewal to avoid charges for the next period.
You authorise us to charge your designated payment method for all fees due. You represent that you have the legal right to use the payment method provided. If payment cannot be processed, we may suspend or terminate your access to the Service. We use third-party payment processors and do not store complete payment card information on our servers.
We reserve the right to modify pricing at any time. Price changes for existing subscriptions will take effect upon your next renewal period. We will provide notice of material price increases at least 30 days before they take effect. Your continued use after a price change constitutes acceptance.
You are responsible for all applicable taxes, including sales tax, VAT, GST and similar taxes. If we are required to collect or remit taxes, they will be added to your invoice. If you are exempt from certain taxes, you must provide valid exemption documentation.
EXCEPT AS EXPRESSLY SET FORTH IN OUR REFUND POLICY OR REQUIRED BY APPLICABLE LAW, ALL FEES ARE NON-REFUNDABLE. This includes, without limitation: unused subscription time, email credits, add-on purchases and overage charges. No refunds will be provided for accounts terminated due to policy violations. See our Refund Policy for limited exceptions.
Late payments shall accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, calculated from the due date until paid. We may also charge reasonable collection costs, including attorneys' fees. Accounts with overdue balances may be suspended or terminated.
The Service, including all software, APIs, algorithms, interfaces, documentation, trade dress, trademarks, service marks and all other components thereof, are and shall remain the sole and exclusive property of Company and its licensors. The Service is protected by copyright, patent, trademark, trade secret, and other intellectual property laws of the United States and foreign jurisdictions.
Subject to your compliance with this Agreement and payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service solely for your internal business purposes during the Subscription Term. This license does not include any right to:
If you provide any feedback, suggestions, ideas or recommendations regarding the Service ("Feedback"), you hereby irrevocably assign to us all right, title and interest in such Feedback. We may use, modify, and incorporate Feedback without restriction, attribution or compensation. You waive any moral rights in such Feedback.
"Notify'n," "HMD Corp," and associated logos, product names and service names are trademarks of Company. You may not use our trademarks without our prior written consent, except as necessary to accurately reference the Service. Any goodwill arising from your use of our trademarks shall inure to our benefit.
For purposes of data protection laws, you are the data controller with respect to any personal data contained in your Customer Data, and we act as your data processor. Our processing of personal data is governed by our Data Processing Agreement, which is incorporated herein by reference.
We collect and process personal data in accordance with our Privacy Policy. By using the Service, you acknowledge that you have read and understood our Privacy Policy and consent to our data practices as described therein.
We implement commercially reasonable administrative, technical and physical security measures to protect Customer Data against unauthorised access, disclosure or destruction. However, no system is completely secure, and we cannot and do not guarantee absolute security. You acknowledge that you transmit data at your own risk.
Customer Data may be transferred to and processed in countries other than your country of residence, including the United States. We ensure appropriate safeguards for such transfers through Standard Contractual Clauses, adequacy decisions or other lawful transfer mechanisms.
Each party agrees to: (a) protect the other party's Confidential Information using the same degree of care it uses to protect its own confidential information, but no less than reasonable care; (b) not disclose Confidential Information to any third party except as necessary to perform under this Agreement; and (c) use Confidential Information only for purposes of this Agreement.
Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed without use of Confidential Information; or (d) is rightfully obtained from a third party without restriction.
A party may disclose Confidential Information if required by law, regulation or court order, provided that it gives prior notice to the other party (where permitted) and cooperates in seeking protective measures.
This Agreement commences upon your acceptance and continues until terminated in accordance with its terms. Subscription Terms run for the period specified at the time of purchase and renew automatically unless cancelled before renewal.
You may terminate your subscription at any time through your account settings. Termination will be effective at the end of your current billing period. You will not receive a refund for any unused portion of your subscription.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including without limitation:
Upon termination: (a) all rights and licences granted to you shall immediately terminate; (b) you shall immediately cease all use of the Service; (c) you remain liable for all fees incurred prior to termination; (d) we may delete your Customer Data in accordance with our data retention policies. Sections that by their nature should survive termination shall survive, including but not limited to provisions regarding intellectual property, confidentiality, limitation of liability, indemnification and dispute resolution.
Prior to termination, you may export your Customer Data through the Service's export features. Following termination, we will retain your data for 30 days, after which it may be permanently deleted. We are under no obligation to provide data exports after termination.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO:
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY:
THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT OR THE SERVICE, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS ACTUALLY PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100).
YOU ACKNOWLEDGE THAT THE LIMITATIONS SET FORTH IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless Company and its affiliates, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees and expert witness fees) arising from or related to:
We will: (a) promptly notify you of any claim subject to indemnification (failure to notify shall not relieve you of obligations except to the extent prejudiced); (b) provide reasonable cooperation at your expense; and (c) give you sole control of defense and settlement, provided you may not settle any claim without our prior written consent if settlement would impose liability on us or admit wrongdoing.
Before initiating any formal dispute resolution proceedings, you agree to first contact us atlegal@notifyn.net to attempt to resolve any dispute informally. We will attempt to resolve the dispute through good faith negotiations within 60 days. Most disputes can be resolved this way.
IF WE CANNOT RESOLVE A DISPUTE INFORMALLY, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICE, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION. Arbitration shall be administered by the London Court of International Arbitration (LCIA) pursuant to its Arbitration Rules, or by another mutually agreed-upon arbitration provider. The arbitration shall be conducted by a single arbitrator in London, England, unless the parties agree otherwise. The language of arbitration shall be English. Judgment on the arbitration award may be entered in any court having jurisdiction.
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. You waive any right to participate in any class action lawsuit or class-wide arbitration against us. If for any reason a claim proceeds in court rather than arbitration, YOU WAIVE ANY RIGHT TO A JURY TRIAL. This class action waiver is an essential part of our arbitration agreement and cannot be severed.
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or Confidential Information pending arbitration. Additionally, claims may be brought in small claims court if they qualify.
Any claim or cause of action arising from or relating to this Agreement or the Service must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred, notwithstanding any statute of limitations to the contrary.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
For any matters not subject to arbitration, you irrevocably consent to the exclusive jurisdiction and venue of the courts of England and Wales. You waive any objection based on forum non conveniens and consent to service of process by any means permitted by law.
You shall comply with all applicable laws, regulations and industry standards in connection with your use of the Service, including without limitation: CAN-SPAM Act (US), GDPR (EU), CASL (Canada), PECR (UK), CCPA (California) and any other applicable anti-spam, data protection, consumer protection and electronic marketing laws.
You shall not use, export, re-export or transfer the Service in violation of any applicable export control laws, including the U.S. Export Administration Regulations and OFAC sanctions. You represent that you are not located in any country subject to U.S. embargo and are not on any U.S. government list of prohibited or restricted parties.
You shall not, directly or indirectly, offer, pay or authorise the payment of any bribe, kickback, or other corrupt payment in connection with this Agreement, in violation of the U.S. Foreign Corrupt Practices Act, UK Bribery Act or any other applicable anti-corruption laws.
Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, epidemics, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, strikes, power outages, telecommunications failures, internet service provider failures, third-party hosting failures, cyberattacks or changes in law or government policy. During any force majeure event, the affected party shall use commercially reasonable efforts to minimize the impact and resume performance as soon as practicable.
Notify'n (the "Platform Provider"), operated by HMD Corp, reserves all rights necessary to operate, maintain, monitor and improve the Service. This includes, without limitation, full administrative access to all accounts, workspaces, data and system components for the following legitimate business purposes:
Administrative access may include, but is not limited to, viewing account configurations, workspace settings, user profiles, contact lists, campaign content, delivery logs, API usage data, billing records and system-generated analytics. The Platform Provider may also access data stored in third-party integrations connected through the Service (e.g., email delivery providers, messaging platforms) to the extent necessary for the purposes described above.
All administrative access is subject to the following safeguards:
In the course of providing support, troubleshooting or investigating security incidents, authorised administrators may impersonate user accounts. All impersonation sessions are:
By using the Service, you acknowledge and consent that the Platform Provider may view, access, and manage any content or data on the platform as required for the legitimate business purposes described in this section. This consent is a material condition of your use of the Service. If you do not agree to these terms, you must discontinue use of the Service.
The Platform Provider's exercise of administrative rights shall at all times comply with applicable data protection and privacy laws, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the UK Data Protection Act 2018 and any other applicable privacy legislation. Where required by law, the Platform Provider will provide notice to affected users and cooperate with data protection authorities.
This Agreement, together with all incorporated policies and any applicable Order Form or Enterprise Agreement, constitutes the entire agreement between the parties concerning its subject matter and supersedes all prior and contemporaneous agreements, proposals, representations and understandings.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal and enforceable, or if modification is not possible, shall be severed, and the remaining provisions shall continue in full force and effect.
No waiver of any term or condition of this Agreement shall be valid unless in writing and signed by the waiving party. No failure or delay in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise preclude further exercise of any right.
You may not assign or transfer this Agreement or any rights hereunder without our prior written consent. We may assign this Agreement without restriction in connection with a merger, acquisition, reorganisation or sale of substantially all of our assets. Any purported assignment in violation of this section shall be void.
This Agreement is for the sole benefit of the parties and their permitted successors and assigns. Nothing herein shall create any third-party beneficiary rights.
Notices to you may be provided via email to the address associated with your account or by posting to the Service. Notices to us must be sent to legal@notifyn.net or by mail to our principal place of business. Notices are deemed delivered when sent by email or three business days after mailing.
The parties are independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, employment or agency relationship.
Section headings are for convenience only and shall not affect interpretation of this Agreement.
For questions, concerns or notices regarding these Terms of Service, please contact us at:
HMD Corp
© 2026 HMD Corp. All rights reserved. Notify'n is a registered trademark of HMD Corp.
© 2026 HMD Corp. All rights reserved.