1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Turbopush ("Turbopush", "we", "us", or "our") governing your access to and use of the Turbopush website (turbopush.org), the Turbopush dashboard, the Turbopush software development kit and command-line interface (collectively, the "Service").
The Service is an over-the-air ("OTA") update platform that lets you deploy updates to React Native mobile applications without going through the App Store or Google Play review process. It is compatible with the CodePush SDK and Expo.
By creating an account, or by accessing or using the Service in any way, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
2. Eligibility and Accounts
You must be at least 18 years old, or the age of majority in your jurisdiction, and capable of entering into a binding agreement, to use the Service. If you use the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must provide accurate, current, and complete information during registration and keep it up to date. You agree to notify us immediately of any unauthorized access to or use of your account.
You may not create an account using automated methods, and you may not share your account credentials with any third party. We reserve the right to suspend or terminate any account that violates these Terms.
3. The Service
Turbopush provides tools to release, distribute, and roll back JavaScript and asset updates for React Native applications. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose.
We may update, modify, add, or remove features of the Service at any time in our sole discretion. We will use commercially reasonable efforts to notify you of material changes. New features and functionality that we release as part of the Service are subject to these Terms.
From time to time we may offer beta or experimental features ("Beta Features"). Beta Features are provided "as is" without warranty, and may be changed or discontinued at any time.
4. Your Content
You retain all ownership rights in the code, updates, assets, and other content that you upload to or deploy through the Service ("Your Content"). You grant us a limited, worldwide, non-exclusive, royalty-free license to host, transmit, store, and display Your Content solely as necessary to provide the Service to you and your end users.
You represent and warrant that you own Your Content or have the necessary rights and permissions to use it, and that Your Content does not infringe, misappropriate, or violate the intellectual property rights, privacy rights, or any other rights of any third party.
We do not claim ownership of Your Content, and nothing in these Terms restricts the rights you have to your own code and assets.
5. Acceptable Use
You agree not to use the Service to:
- Violate any applicable law, regulation, or third-party rights.
- Distribute malware, viruses, or any other harmful or malicious code.
- Deploy updates that are unlawful, harmful, threatening, defamatory, obscene, or otherwise objectionable.
- Attempt to gain unauthorized access to the Service, other accounts, or the systems and networks connected to the Service.
- Interfere with or disrupt the integrity, performance, or availability of the Service.
- Resell, sublicense, or redistribute the Service, or use it to build a competing product.
- Scrape, crawl, or otherwise extract data from the Service in violation of our policies.
6. Fees and Payment
Certain features of the Service are available only through paid plans. You agree to pay all fees associated with your chosen plan, as described on our pricing page at the time of purchase. All fees are quoted in U.S. dollars unless otherwise stated.
Paid plans renew automatically at the end of each billing period unless you cancel before the renewal date. You may cancel your plan at any time from the dashboard; cancellation takes effect at the end of the current billing period, and you will not be charged for subsequent periods.
All fees are non-refundable except as required by applicable law or as expressly stated otherwise in these Terms or on our pricing page.
If we are unable to process your payment, we may suspend or terminate your access to paid features until payment is received.
7. Intellectual Property
The Service, including its software, SDK, CLI, dashboard, documentation, branding, and all related content, is owned by Turbopush and protected by copyright, trademark, and other intellectual property laws. Except for the limited license granted in these Terms, no rights are granted to you, and we reserve all rights not expressly granted.
The "Turbopush" name and logo are trademarks of Turbopush. You may not use them without our prior written permission.
Any feedback, suggestions, or ideas you provide to us about the Service may be used by us without restriction or obligation to you.
8. Privacy
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to the practices described in the Privacy Policy.
9. Third-Party Services
The Service may integrate with or contain links to third-party services, websites, or software ("Third-Party Services"). We do not control and are not responsible for Third-Party Services, and your use of them is subject to their own terms and privacy policies.
The Service may incorporate open source software, which is subject to the terms of the applicable open source licenses.
10. Disclaimers
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, secure, error-free, or free of defects, or that any errors will be corrected. You use the Service at your own risk.
You are solely responsible for testing updates before deploying them to production, and for any consequences arising from the deployment of updates to your end users.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TURBOPUSH, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
12. Indemnification
You agree to defend, indemnify, and hold harmless Turbopush and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party.
13. Termination
You may stop using the Service and delete your account at any time. Deleting your account does not automatically cancel any active paid plan; you must cancel your plan separately.
We may suspend or terminate your access to the Service, in whole or in part, at any time, with or without notice, if we reasonably believe that you have violated these Terms or applicable law, or if we determine that your continued use poses a risk to us or to other users.
Upon termination, your right to use the Service will cease immediately, and we may delete Your Content. Provisions of these Terms that by their nature should survive termination will survive, including Sections 7, 10, 11, 12, and 14.
14. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on this page and updating the "Last Updated" date, and, where appropriate, by other means such as email or an in-product notice.
Your continued use of the Service after the updated Terms take effect constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.
15. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, or in the small claims court of your jurisdiction if the claim qualifies. You agree to resolve disputes on an individual basis, and you waive any right to participate in a class action or other representative proceeding.
16. Miscellaneous
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
These Terms constitute the entire agreement between you and Turbopush regarding the Service and supersede any prior agreements.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
You may not assign or transfer these Terms, or any of your rights or obligations, without our prior written consent. We may assign these Terms without restriction.
