Terms of Service
We run a service called Propusher and hope it will help you. We offer a free basic service for occasional usage and paid plans for regular serious usage. Our service is designed to give you as much control and ownership as you require. However, be responsible in what content you create. In particular, make sure that none of the prohibited items listed below appear (things like adult or content, etc.).
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any services. If these terms and conditions are considered an offer by Mabeta Ltd., acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old.
- Your Propusher Account and Site. If you register for the Service, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Mabeta Ltd. of any unauthorized uses of your account or any other breaches of security. Mabeta Ltd. will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you create content on the Service, upload files to the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Mabeta Ltd. or otherwise.
- By submitting Content to Mabeta Ltd., you grant Mabeta Ltd. a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of delivering it to you by our API. If you delete Content, Mabeta Ltd. will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Mabeta Ltd. has the right (though not the obligation) to, in Mabeta Ltd.’s sole discretion (i) refuse or remove any content that, in Mabeta Ltd.’s reasonable opinion, violates any Mabeta Ltd. policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Mabeta Ltd.’s sole discretion. Mabeta Ltd. will have no obligation to provide a refund of any amounts previously paid.
- Fees; Payment. By signing up for a paid plan you agree to pay Mabeta Ltd. the monthly hosting fees indicated at Plans and Pricing in exchange for the services listed at that website. Applicable fees will be invoiced starting from the day your paid plan is established and after each month of using such services. An upgrade from the free plan to any paid plan will immediately bill you. Mabeta Ltd. reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Paid plan services can be canceled by you at anytime on the Service. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- Responsibility of Website Visitors. Mabeta Ltd. has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, Mabeta Ltd. does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Mabeta Ltd. disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Propusher links, and that link to Propusher. Mabeta Ltd. does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a non Mabeta Ltd. website or webpage, Mabeta Ltd. does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Mabeta Ltd. disclaims any responsibility for any harm resulting from your use of non Mabeta Ltd. websites and webpages.
- Copyright Infringement and DMCA Policy. As Mabeta Ltd. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Propusher violates your copyright, you are encouraged to notify Mabeta Ltd.. Mabeta Ltd. will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Mabeta Ltd. or others, Mabeta Ltd. may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, Mabeta Ltd. will have no obligation to provide a refund of any amounts previously paid to Mabeta Ltd..
- Intellectual Property. This Agreement does not transfer from Mabeta Ltd. to you any Mabeta Ltd. or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Mabeta Ltd.. Mabeta Ltd., Propusher, the Propusher logo, and all other trademarks, service marks, graphics and logos used in connection with Propusher, or the Service are trademarks or registered trademarks of Mabeta Ltd. or Mabeta Ltd.’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Mabeta Ltd. or third-party trademarks.
- Changes. Mabeta Ltd. reserves the right, at its sole discretion, to modify or replace any part of this Agreement. Mabeta Ltd. will notify all of its registered users by email on a change. Mabeta Ltd. may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Mabeta Ltd. may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Propusher account (if you have one), you may simply discontinue using the Service. Notwithstanding the foregoing, if you have a paid plan account, such account can only be terminated by Mabeta Ltd. if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Mabeta Ltd.’s notice to you thereof; provided that, Mabeta Ltd. can terminate the Service immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Service is provided “as is”. Mabeta Ltd. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Mabeta Ltd. nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
- Limitation of Liability. In no event will Mabeta Ltd., or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Mabeta Ltd. under this agreement during the twelve (12) month period prior to the cause of action. Mabeta Ltd. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Mabeta Ltd., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Mabeta Ltd. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Mabeta Ltd., or by the posting by Mabeta Ltd. of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of Germany, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Stuttgart, Germany. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Mabeta Ltd. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
These Terms of Service are available under a Creative Commons License and were originally created by Automattic.
Your privacy is critically important to us. At Propusher we have a few fundamental principles:
- We don’t ask you for personal information unless we truly need it. We can’t stand services that ask you for things like your gender or income level for no apparent reason.
- We don’t share your data with anyone except to comply with the law or protect our rights.
- We don’t store personal information on our servers unless required for the on-going operation of one of our services.
- We utilize SSL throughout the entire domain propusher.com Secure Socket Layer (SSL) technology encrypts all data transferred between your computer and our servers. Your data is for your eyes only.
Mabeta Ltd. GmbH, ("Mabeta Ltd.") operates several. It is Mabeta Ltd.'s policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Mabeta Ltd. collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Mabeta Ltd.’s purpose in collecting non-personally identifying information is to better understand how Mabeta Ltd.’s visitors use its website. From time to time, Mabeta Ltd. may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Gathering of Personally-Identifying Information
Certain visitors to Mabeta Ltd.’s websites choose to interact with Mabeta Ltd. in ways that require Mabeta Ltd. to gather personally-identifying information. The amount and type of information that Mabeta Ltd. gathers depends on the nature of the interaction. For example, we ask visitors who sign up to Propusher to provide their name and email address. Those who engage in transactions with Mabeta Ltd. – by purchasing access to the paid plans, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Mabeta Ltd. collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Mabeta Ltd.. Mabeta Ltd. does not disclose personally-identifying information other than as described below.
User and Device Statistics
Mabeta Ltd. may display the following information to logged-in users, if they are owner, developer or team member of an app:
- First name and last name of all team members
- UDID, device type, version and language of all devices in the provisioning profile or of all team members
- UDID, device type, version and language of all devices which have installed the app
- Numbers of downloads and installations of the app or version
- Usage time of the app or version
- Crash logs
All client SDKs are open-source and can be modified by the developer of an app to control which data is sent to Propusher.
Protection of Certain Personally-Identifying Information
Mabeta Ltd. discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Mabeta Ltd.’s behalf or to provide services available at Mabeta Ltd.’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Mabeta Ltd.’s websites, you consent to the transfer of such information to them. Mabeta Ltd. will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Mabeta Ltd. discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when Mabeta Ltd. believes in good faith that disclosure is reasonably necessary to protect the property or rights of Mabeta Ltd., third parties or the public at large. If you are a registered user of an Mabeta Ltd. website and have supplied your email address, Mabeta Ltd. may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Mabeta Ltd. and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Mabeta Ltd. takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.