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TERMS OF USE

This document “Terms of Use” (hereinafter referred to as “Terms”) confirm and clarify respective rights and obligations between Wilowby Business LP (hereinafter «DAO PUSH») and the Clients in connection with Client’s access to and use of the DAO PUSH Platform and the Services (hereinafter «Client»).
Please read this Terms carefully before using the Service. By accessing or using the Service, you agree that you have read, understood, and agree to be bound by this Terms, and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Service. This Terms applies to all Customers, visitors, users.

1. HOW WE UPDATE THESE TERMS OF USE

This Terms is maintained on our website. We reserve the right, in our sole discretion, to modify or replace this Terms from time to time, and so you should review this page periodically. When we change the Terms in a material way, we will update the ‘last updated’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Service.

DEFINITIONS:

“Account” means an account created for Client by completing the registration process on the Site or by a DAO PUSH Sales representative for Client’s authorized access to and use of the Services on the Site.

“DAO PUSH Platform” means the DAO PUSH proprietary marketing platform, which facilitates online and application marketing, personalization, and sharing Client Content on the web through use of DAO PUSH dashboard that allows participating websites to offer personalized push notifications for their end users.

«Clients» those who register on their own or on behalf of an entity or organization to use any of the DAO Push Services (as defined below), including administrators on a Client account to conduct advertising campaigns and is fully responsible for all results of using the services of the Service.

“Client Data” means all electronic data, information, or other content (including information pertaining to End-Users and the content of any Messages), submitted or provided by or on behalf of a Client to be stored, collected or processed by us in connection with a Client’s authorized use of the DAO PUSH Services.

«End Users» means Individuals who visit our Clients’ websites and opt-into receiving web push notifications and whose information we process in order to provide the Services to our Clients pursuant to our Terms with them.

“Message” means any communication made by a Customer with an End-User via the DAO PUSH Services, whether by email, SMS, push notification, web push notification, on-site notification, or in-app notifications.

2. GENERAL PROVISIONS

Client is the owner or operator of the Client Site(s) and desires to use the DAO PUSH Platform to personalize the Client web push notifications, recommendations and messaging on Client Site(s), and to allow End Users to, among other things, subscribe, view, click, recommended and interact with Client Content using DAO PUSH services. The DAO PUSH Platform is designed to maximize distribution of Client Content, drive traffic back to the Client Site(s), boost conversion on the Client Site(s) (such as signups and purchases), and provide Client with insight into End Users’ engagement, conversion and other activities on Client Site(s).

DAO PUSH grants Licensee a limited, worldwide, royalty-free, term-limited, non-transferrable, and non-exclusive license to use the DAO PUSH Service within its Applications and websites (collectively the “Properties”), or to use other APIs, web services and other features provided by DAO PUSH, in order to send, optimize and manage push notifications to users of its Properties, and to use other related functionality provided within the Properties intended for its use.

DAO PUSH provides an array of features and functionalities to its Clients, which then enable its Customers’ engagement with their End-users. These features include, inter alia:

  • a. End-User behaviour tracking and analytics;
  • b. Customised engagement with End-Users via multiple Messaging channels;
  • c. Personalization of Messaging and content delivered to the End-Users;
  • d. End-User segmentation and classification depending on activity, behaviour etc.

3. USING OUR SERVICES

By using the Services, Client agree to the terms of the DAO PUSH.

The Client warrants that all information it provides to DAO PUSH during registration is accurate, complete and up-to-date at any time.

In order to access the DAO PUSH Platform and as part of the Services, reports or other customized services that are related to the Client Site(s), Client must create an Account on the Site.

Client agrees to provide only true, current, accurate, and complete registration information, and keep that information true, accurate, and up-to-date.

Client must abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with its use of the Services, including the Rules and those related to data privacy, international communications and the transmission of technical or personal data. Client may not use its Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others.

Client may be required to choose a password and a user name. Access to and use of password protected or secure areas of the Site are restricted to authorized Personnel only. Client agrees not to share password(s), account information, or access to the Site with any person other that authorized Personnel of Client. Client may not authorize any third party to use its Account. Client is responsible for maintaining the confidentiality of password(s) and Account information, and is responsible for all activities that occur through the use of its password(s) or Account(s) or as a result of Client’s access to the Site. Client agrees to notify DAO PUSH immediately of any use of its password(s) or Account(s) that it did not authorize.

DAO PUSH system prohibited:
a) wrapping; b) modification of the script; с) click-wrap; d) is not allowed to independently subscribe to the offer more than once a day, this action will be treated as a wrap-up / clikc-wrap, which will lead to an entire blocking of the account; i) It is forbidden to attract traffic exclusively on the Traffic Back, since the main activity of the service is payment for subscriptions to push notifications (Cost Per Lead) and / or for clicking / clicking on push ads (Revenue sharing); f) It is forbidden to use / attract motivated traffic on such types of services as CPL and TrafficBack; j) It is not allowed to distribute services provided by DAO PUSH using the MegaPush service (https://megapu.sh)

Client must be eighteen (18) years of age or over to use the Service. By using the Service, Client represent and warrant that have over eighteen (18) years of age or old and have the right, authority, and legal capacity to enter into this agreement and to abide by all of the terms and conditions of the Terms.

4. PAYMENTS

Payment systems. In the DAO PUSH Service, the main payment systems are ePaymants, WebMoney, Yandex, Qiwi, BTC, Wire Transfer, Transfers to Visa and MasterCard.

Currency. Unless otherwise noted, all payments shall be made in US dollars.

The minimum amount for withdrawal is $ 10 (ten) dollars.

Payments are held every Wednesday for requests of the past week (from monday to sunday)

5. LIMITATION OF LIABILITY

The Client acknowledges and undertakes that the Service and/or its SMS Fallback Option depend upon the operation of electronic devices and of services managed by third parties such as for example electricity providers, internet providers, mobile phone operators and service providers etc. Furthermore, the Client acknowledges and undertakes that it may occasionally experience inefficiency when forwarding the push notification messages (including through the SMS Fallback Option) due to the malfunctioning of services not directly managed by DAO PUSH (such as, for example, interruptions or suspensions of electric power supply, interruptions, suspensions or malfunctioning of telephone services, or of Internet services). As far as possible, DAO PUSH will try to limit the effect of such inefficiency on the Service and, if possible, to warn the Client if those problems arise, without being liable for said inefficiency.

The Client acknowledges and undertakes that the Service cannot be used if the Client needs to be certain about the delivery of the push notification messages to the recipients or rather in cases in which a delay in the delivery of said push notification messages may cause any type of damage.

The Client acknowledges that DAO PUSH may occasionally perform electronic maintenance operations on its own servers and equipment. Furthermore, the Client acknowledges that if DAO PUSH should be forced to interrupt the Service to carry out such operations, it will endeavor to contain the period of interruption and/or malfunctioning of the Service. The Client is also aware and accepts the fact that Software and applications provided by DAO PUSH are subject to the ordinary defective state of any software. Therefore, DAO PUSH shall not be liable for any direct or indirect damage or loss of data arising from such cause.

DAO PUSH will not be liable for any damages arising from the fact that the Client does not have a proper Device suitable to run the Software and/or to exploit the Service.

The Client also acknowledges that the Service and the Software are provided “as is” and «as available». DAO PUSH hereby does not warrant, represent or guarantee, whether expressly or by implication, that the Service and the Software are free of errors or interruptions, always available, fit for any purpose or secure: therefore, any further warranties and/or liability of DAO PUSH are expressly excluded.

6. NO WARRANTY

THE SERVICE, INCLUDING ALL CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT THE CONTENT ON THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, INCLUDING USER CONTENT, THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

7. TERMINATION OF THE AGREEMENT

Both parties have the right to withdraw from the Terms at any time. Should either of the parties exercise its own right of withdrawal, it will inform the other via e-mail.

DAO PUSH may terminate the Service or partial account blocking or Full account lockout with all means, suspending or completely stopping the existing site with the requirement to switch to the Revshare cooperation scheme without prior notice or liability, for any reason or for no reason, including without limitation, if you breach any of the terms or conditions of this Terms. Also, any communication with the account owner may be terminated at the discretion of the administration in cases of disrespect, use of threats or profanity in dialogues with Support: in the ticket system, e-mail, skype or any other method of communication.

Upon termination of your account, your right to use the Service will immediately cease.

All provisions of this Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. FORCE MAJEURE

Except for the payment of fees by Client, if the performance of any part of this Terms by either Party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.

9. JURISDICTION AND DISPUTE RESOLUTION

These Terms are governed by and construed in accordance with the laws of Canada and Client hereby submit to the non-exclusive jurisdiction of these courts.

For any dispute with us, you agree to first contact us and attempt to resolve the dispute with us informally.

10. CONTACT INFORMATION

If you have any questions or concerns with respect to this Terms or the Website or any information contained on thereon, you may contact us by writing to us at admin@daopush.com.