Terms of Use for Revopush Ltd

Effective Date: January 20, 2025

These Terms of Use ("Terms") constitute an agreement between you ("User," "you," or "your") and Revopush Ltd ("Revopush," "we," "us," or "our"). These Terms govern your use of the OTA (Over the Air) cloud service for mobile application developers on iOS and Android platforms using React Native technology provided by us.

1. Use of the Service

1.1. Grant of Rights

We grant you a limited, non-exclusive, non-transferable right to access and use our service and SDK included in your subscription in accordance with these Terms. All other rights are reserved by us.

1.2. Acceptable Use

You may use the service only in accordance with these Terms. You are prohibited from:

Reverse engineering, decompiling, disassembling, or circumventing any technical restrictions of the service.
Disabling, tampering with, or circumventing any billing mechanisms that track your use of the service.
Renting, leasing, lending, reselling, transferring, or hosting the service or any part of it to third parties, except as explicitly permitted by these Terms.

1.3. Access and Authentication

Registration and API Keys

To access the API, you must register and obtain a unique API key.
All API requests must include a valid API key in the Authorization header.

Request Limits

A maximum of 1,000 requests per hour per user.
If the request limit is exceeded, the service may temporarily block API access for 1 hour.

Use of API

The API may be used solely for integration with your application.
The API may not be used to distribute malicious code or conduct attacks.

Security

All data must be transmitted over a secure HTTPS protocol.
Users are responsible for securing their API keys and preventing unauthorized use.

1.4. User Data

You are solely responsible for the content of all data uploaded by you ("User Data"). You agree to ensure that you have all necessary rights to use this data and do not infringe upon the rights of any third party.

1.5. Account Responsibility

You are responsible for maintaining the confidentiality of any non-public authentication credentials associated with your use of the service. You must promptly notify our support team of any possible unauthorized use of your accounts or credentials or any security incidents related to your use of the service.

2. Purchasing Services

2.1. Available Subscription Offers

Our portal provides details of subscription offers, which may include the following categories:

Usage-Based Plans: Payment is based on the number of JS bundle downloads and the amount of storage space used by the bundles. Plans may be expanded if usage exceeds the specified limits.

2.2. Ordering

Placing an Order

By ordering or renewing a subscription, you agree to the offer details for that subscription.
You may place orders for your affiliates and grant them administrative rights to manage the subscription.

Modifying Service Quantity

Some plans allow you to modify the quantity of services ordered during the subscription term.
Increasing the quantity may expand the plan limits accordingly.
Decreasing the quantity may incur a cancellation fee as described in Section 3.b.

2.3. Pricing and Payment

Payment is due in accordance with the offer details of your subscription.
Usage-Based Plans: Pricing depends on the number of JS bundle downloads and the amount of storage used. Plans may automatically expand if usage exceeds the limits.
All prices are exclusive of taxes unless otherwise specified on the invoice.

2.4. Subscription Renewal

Subscriptions automatically renew each month if at least one JS bundle has been uploaded or a download request has been made via the API key.
You can change the automatic renewal setting at any time through your account settings.
Upon renewal, prices remain unchanged except for temporary price changes specified in the offer details.

3. Term, Termination, and Suspension

3.1. Term and Termination

These Terms remain in effect until the expiration, termination, or renewal of your subscription, whichever occurs first.

3.2. Subscription Termination

You may terminate a subscription at any time. In such cases, you must pay all amounts due up to the termination date.
If you terminate a subscription within the first 30 days, no refunds will be provided, but no further payments will be required.
After 30 days, terminating a subscription requires payment for the remaining term without refunds.

3.3. Suspension

We may suspend your use of the service if:

Protection of data from unauthorized access is necessary.
You fail to respond to claims of violation.
You do not pay for services.
You violate the acceptable use rules or other terms of these Terms.

Upon suspension:

For all subscriptions except limited offers, the suspension will be as minimal as necessary and will remain in effect only until the issue is resolved.
Suspension for non-payment will occur after a 30-day notice.
If you do not resolve the suspension issue within 60 days, the subscription may be terminated, and your data deleted without retention.
Access to the API may be terminated immediately upon violation of use conditions without prior notice.
Users may disable API access at any time through account settings.

4. Warranties

4.1. Limited Warranty

Service: We warrant that the service will operate in accordance with the Service Level Agreement (SLA) during the subscription term.
SDK: We warrant that the SDK will perform its functions for one year from the date of first use, as described in the documentation. If the SDK fails to meet this warranty, we may refund the SDK cost or repair it.

4.2. Warranty Exclusions

This warranty does not cover issues caused by accidents, abuse, improper use, or events beyond our control.
It does not cover problems resulting from failure to meet minimum system requirements.
The warranty does not apply to limited offers and preview versions.

4.3. Disclaimer of Warranties

Except for the warranties stated above, we provide no other warranties, express or implied, including warranties of merchantability or fitness for a particular purpose.

5. Defense of Claims

5.1. Defense

We will defend you against any claims by third parties asserting that the service infringes their patents, copyrights, or trademarks.
You will defend us against any claims by third parties related to your use of data, solutions, or non-Microsoft products, as well as violations of acceptable use rules.

5.2. Limitations

Our defense obligations do not extend to claims related to:

Your data or modifications to the service.
Your use of the service in conjunction with non-Microsoft products.
Your distribution of the service to third parties.

5.3. Legal Remedies

If we believe a claim may limit your use of the service, we will attempt to:

Ensure your continued use of the service.
Modify or replace the service with an equivalent.

5.4. Obligations of the Parties

Each party must promptly notify the other of any claim and provide necessary assistance for defense.

6. Limitation of Liability

6.1. Limitation

Each party's total liability for all claims under this agreement is limited to the amount you paid for the service in the last 12 months.

6.2. Exclusions

Neither party is liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits or data loss.

6.3. Exceptions to Limitations

The limitations do not apply to:

Obligations under the defense of claims.
Violations of the other party's intellectual property rights.

7. Miscellaneous

7.1. Notices

Notices must be in writing and are deemed delivered upon receipt at the address specified in your account or via email.

7.2. License Transfers and Assignment

You may not transfer these Terms or licenses without our consent.

7.3. Changes to Terms

We reserve the right to modify these Terms. Users will be notified 30 days before changes take effect.

7.4. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force.

7.5. Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision.

7.6. No Agency

These Terms do not create an agency, partnership, or joint venture relationship between the parties.

7.7. No Third-Party Beneficiaries

There are no third-party beneficiaries to these Terms.

7.8. Applicable Law and Jurisdiction

These Terms are governed by the laws of the United Kingdom. All disputes arising from the use of the service shall be resolved in the courts of London.

7.9. Entire Agreement

These Terms constitute the entire agreement between you and us regarding the use of the service and supersede all prior agreements.

7.10. Survival

Sections 1, 2.c., 2.e., 4, 5, 6, 7, and 8 survive termination or expiration of these Terms.

7.11. Export Restrictions

The service is subject to the export laws of the United Kingdom. You agree to comply with all applicable export laws and regulations.

7.12. Force Majeure

Neither party is liable for failure to perform obligations due to causes beyond their reasonable control (e.g., natural disasters, wars, strikes). This does not apply to payment obligations.

7.13. Contracting Authority

If you accept these Terms on behalf of an organization, you represent that you have the authority to do so.

7.14. Government Customers

Government customers should consult with us prior to accepting these Terms. By accepting, you represent compliance with all applicable laws and governmental procurement requirements.

8. Definitions

"Day" means a calendar day.
"API" means the Application Programming Interface provided by the service for integration.
"User Data" means any information uploaded by the user to the service.
"Service" means the OTA cloud service provided by Revopush Ltd.
"SDK" means the Software Development Kit provided for integration with the service.
"Subscription" means enrollment for using the service for a specified term as detailed in the offer.
"Plan" means the payment plan based on the number of JS bundle downloads and storage usage.

Contact Information:

Revopush Ltd
Address: 86 - 90 Paul St,
London,
EC2A 4NE,
United Kingdom
Email: [email protected]