OneSignal, Inc. (together with its subsidiaries and affiliates, herein referred to as “OneSignal,” “Company,” “we” and “us”) provides the www.onesignal.com website and dashboard, the messaging and notification technology and platform, including mobile push notification, in-app messaging, email and SMS messaging, and the related data, reports, apps and Material (the “Services”) subject to your compliance with the terms and conditions set forth in this Terms of Use Agreement (as defined below). Your use of the Services is conditioned on your acceptance, without modification, of the terms, conditions, and notices contained in this Terms of Use Agreement (the “Terms of Use Agreement”) and the Company’s Paid Plan Privacy Policy (the “Privacy Policy”) which shall collectively be referred to herein as the “Terms of Use” unless specifically stated otherwise. By using the Services you agree to the Terms of Use and to abide by all rules, terms, conditions, restrictions and notices therein.
Company reserves the right at any time to change the Terms of Use, or change the Services, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content, promotion, data on or feature of the Services.
Please check the Terms of Use periodically for changes. If we need to update our Terms of Use in the future, we will post the revised Terms of Use at this link https://onesignal.com/terms and update the “Last Updated” date to reflect the date the Terms of Use was updated. YOU ARE HEREBY ADVISED THAT YOUR CONTINUED USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF USE, AND ANY APPLICABLE CURRENT AND PRIOR VERSIONS, AND ANY AMENDMENTS THERETO. If any of these rules, terms conditions and restrictions or any future changes are unacceptable to you, you should immediately discontinue use of the Services. Your continued use of the Services now, or following the posting of notice of any changes to the Terms of Use, will indicate acceptance by you of such rules, changes and/or modifications. Be sure to return to this page periodically to ensure familiarity with the most current version of the Terms of Use.
1. Materials - The information and materials provided through the Services, including without limitation, any data, text, graphics, images, audio and video clips, logos, icons, software and/or links (collectively, the “Materials”) are intended to educate and inform you about our service. Permission for all other uses of materials contained herein, including reproducing and distributing multiple copies, must be obtained from OneSignal in advance. For purposes of these Terms of Use, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to OneSignal. Although Company strives to provide Materials that are both useful and accurate, data and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although Company endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete. In addition, portions of the Materials may have been contributed to the Services by various third parties and service providers. The inclusion of such information does not indicate any approval or endorsement of such providers or their products and services, and Company expressly disclaims any liability with respect to the foregoing.
2. Use of Services and Your Information - Subject to the terms and conditions of these Terms of Use, we grant you a non-exclusive, non-transferable, non-sublicensable right, until terminated, to access and use the Services solely for your internal use by your authorized, internal users. You grant us a worldwide, royalty-free, non-sublicensable (except solely as required to provide you the Service) license, until terminated, to (a) use and access your content, data and web properties in order to provide the Service to you, and (b) create platform usage data based on your use of the Service; provided that such data is aggregated with other customer data and not capable of identifying your or any individual.
3. Your Content and Information - All information, data, text, messages or other rich content you submit to the Services is solely your responsibility. You must evaluate and bear all risks associated with the use of any of the foregoing. You agree not to disclose or make available to OneSignal any Sensitive Information as defined under applicable data protection laws.
4. Your Information - In order to access certain areas of, or participate in certain activities contained on the Services or communicate with us, we may require you to provide us with certain information about you (e.g., your name, phone number, e-mail address, etc). Providing us with your personal information is your own decision. Each time you decide to provide us with your personal information, you agree to provide accurate, current and complete information about yourself as prompted by our registration form (including your current e-mail address) and maintain and update your information to keep it accurate, complete and up-to-date. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate this Terms of Use Agreement and your use of the Services (or any portion thereof) or your participation in any activity contained on the Services.
5. Acceptable Use Policy and Code of Conduct -While using the Services you agree to comply with OneSignal’s code of conduct: https://onesignal.com/aup (“Code of Conduct”).
6. Service usage - In order to access the Services you may be asked to provide information about yourself (for example registration, identification or contact details). Such information may be required during a registration process for a service. In such a case you agree that any information you provide will always be valid, accurate, correct and up to date. You definitely agree to use Services only for internal purposes and in accordance with any applicable law, regulation, service guidelines or accepted practices. Furthermore you agree not to access – or attempt to access – Services by any means other than through the provided interfaces or other related application programming interfaces, unless an explicit agreement between the Company and you was set up. You agree that you will not place any activity that may interfere with, interrupt or break down the Services. You agree that you will not reproduce, copy, duplicate, sell, resell or trade any Services, unless you have been specially permitted to do so in a separate agreement with the Company.
7. Billing, Payment and Refund - In consideration for using the Service, OneSignal charges recurring monthly or annual fees for paid accounts. The payments are to be paid in advance of the subscription term and should be processed automatically once a month or year depending on the chosen payment cycle. OneSignal accepts payments through certain online payment methods (such as Recurly/Stripe/PayPal), that provide secure credit card payments through their systems, and create a payment subscription or a monthly invoice. You authorize us to charge your provided payment method for the Services you have selected and for any paid feature(s) that you choose. You can easily cancel your subscription at any time. There are no cancellation fees, although no refunds are provided for pro-rated periods. Refunds may be issued for payments made no longer than 30 days ago from the date of requesting the refund. OneSignal reserves the right to change its prices at any time, however, if we have offered a specific duration for a fee for your use of the Service, we agree that the fee will remain in force for that duration. After that specific duration/subscription period ends, your use of the Service will be charged at the then-current fee(s). To the extent OneSignal has not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts. If you do not cancel your account, we may automatically renew your Service(s) and charge you for any renewal term. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Services.
8. Support - OneSignal shall provide the following support: email support at support@onesignal.com. OneSignal shall use commercially reasonable efforts to provide such support 10 a.m. to 6 p.m. Pacific Time, Monday to Friday. Problems may be reported any time, however, OneSignal will not be obligated to assign work after business hours.
9. Third Parties - Any reference to any third party on the Services is provided to you for informational purposes only. Company encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Company works to ensure the information on the Services is current and accurate, Company does not warrant the accuracy of any information contained on the Services or its fitness for any particular purpose.
10. Compliance with Applicable Laws - We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request.
11. Acknowledgements – The information obtained pursuant to this Section will only be used for the purpose of identifying persons or entities not in compliance or believed by Company to not be in compliance with the Terms of Use or any other Company rule, policy, notice and/or agreement. You hereby agree and acknowledge that: (a) Company has the right to obtain without notification to you certain information about your computer or software, including, but not limited to, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification; and (b) Company has the right to obtain without notification to you non-personal information from your connection to the Services for demographic purposes.
12. Ownership and Restrictions on Use - The Services is owned and operated by Company and any intellectual property and other rights relating thereto are and will remain the property of Company and its licensors as applicable. Other products or company names mentioned herein or within the Services, including the names of licensors, may be the trademarks or service marks of their respective owners. The Services and the selection, compilation, collection, arrangement and assembly thereof, are protected by international copyright, trademark and other laws and you acknowledge that these rights are valid and enforceable.
You may not copy, reproduce, republish, upload, post, transmit or distribute the Services or other content or information available on or through the Services in any way without our prior express written permission or a written agreement that specifically states otherwise. The Services can be used solely to the extent necessary for your authorized use of the Services, as provided in these Terms of Use or as expressly authorized in writing by Company or, if so indicated in writing by Company, its licensors or suppliers. Modification of the Services may be a violation of copyright and other proprietary rights and is strictly prohibited. You acknowledge that you do not acquire any ownership rights in or to the Services. The trademarks, logos, and service marks displayed on the Services (collectively the “Trademarks”) are trademarks of Company, Company’s licensors, customers, suppliers or other agents and designees and others. The Trademarks owned by Company, whether registered or unregistered, may not be used in connection with any product or service that is not Company’s, in any way that is likely to cause confusion among consumers, or in any manner that disparages Company. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Company, Company’s licensors, customers, suppliers or other agents and designees, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Company will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
13. Eligibility and Use & Access By Minors - You must be eighteen (18) years of age or over to use the Services. By using the Services, you represent and warrant that you are 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 of Use.
14. Privacy/Security - You understand that any information provided by you or collected by us in connection with your use of the Services will be used in the manner described herein and pursuant to the terms and conditions of our Paid Plan Privacy Policy (available at this link https://onesignal.com/privacy_policy). You must read our Privacy Policy and if you do not agree to the terms of the Privacy Policy you may not use the Service. Without limiting the terms of the Privacy Policy, you acknowledge that we do not guarantee that your use of the Service and/or the information contained in your Account will be secure, and we are not responsible or liable to you for any lack of security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service. You represent and warrant to OneSignal that (a) you have provided and will provide all disclosures and have obtained and will maintain all rights and consents required by applicable law to allow OneSignal to use the data, material and content provided by you, in accordance with these Terms of Use, including sending communications and messages to individuals, and (b) OneSignal's use of and access to the data, content and materials in accordance with these Terms of Use will not violate applicable law or infringe, misappropriate or otherwise violate any intellectual property rights, or any privacy or other rights of any third party or individual.
15. COPPA Compliance - The Services and Services of OneSignal are not intended for people under 13 years of age. OneSignal’s Services and Services are not developed or directed at children. We do not knowingly solicit or collect any personally identifiable information, including from children under the age of 13, nor do we knowingly market our Services or Services to children under the age of 13.
16. Submissions - We welcome your comments regarding the Services. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to Company shall be and remain the exclusive property of Company. Your submission of any such comments shall constitute an assignment to Company of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Company will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original works.
17. Termination - Terms of Use shall remain effective until terminated in accordance with its terms. Either party may terminate these Terms of Use immediately upon notice to the other party. In addition, we reserve the right to immediately terminate these Terms of Use and/or your access to and use of the Services or any portion thereof or any activity provided thereon, at any time and for any reason, with or without cause. Upon termination of these Terms of Use by either party, your right to use the Services shall immediately cease, and you shall immediately destroy all Materials obtained from the Services and all copies thereof, whether made under the terms of these Terms of Use or otherwise. Upon termination, you may request access to your content, which we will make available. You must make such requests within 21 days following termination, otherwise, any content you have stored with the Services may not be retrievable and we will have no obligation to maintain content stored in your account after this 21-day period. If you requested your OneSignal account to be deleted through our Support Channels (such as email or Intercom), all content stored in your account will be unrecoverable.
18. Disclaimers - THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES (OR ANY PART THEREOF INCLUDING THE MATERIALS), THE SERVER(S) ON WHICH THE SERVICES IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICES AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF COMPANY OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SERVICES, IN THE MATERIALS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that the Services (including the Materials, software and all other information or content on or accessible from the Services) could include inaccuracies or errors, or information or materials that violate these Terms of Use. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Services. Although we attempt to maintain and ensure the integrity of the Services, we make no guarantees as to the Services’ completeness or correctness. In the event that a situation arises in which the Services’ completeness or correctness is in question, please contact us at support@onesignal.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Services, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably possible.
19. Limitation of Liability – NEITHER COMPANY NOR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, ANY LINKED SERVICES OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THIRD PARTIES APPEARING ON THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR LINKED SERVICES IS TO STOP USING THE SERVICES, OR LINKED SERVICES, AS APPLICABLE. COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE LESSER OF (A) THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SERVICES OR (B) $1,000. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL MATERIALS AND CONTENT ON THE SERVICES. ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE ON THIS SERVICES DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY COMPANY OR ANY OF ITS EMPLOYEES UNLESS EXPRESSLY STATED OTHERWISE. COMPANY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY THIRD PARTY CONTENT ON THE SERVICES OR THIRD PARTY WEB PAGE ACCESSED FROM THIS SERVICES, NORINFORMATION CONTAINED IN A THIRD PARTY SERVICES OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL ANY COMMUNICATION OF ANY KIND BETWEEN YOU AND COMPANY OR A REPRESENTATIVE OF COMPANY CONSTITUTE A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. COMPANY RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON THE SERVICES THAT IT DETERMINES IN ITS SOLE DISCRETION IS VIOLATIVE OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SERVICES. DOES COMPANY WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN A THIRD PARTY SERVICES OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL ANY COMMUNICATION OF ANY KIND BETWEEN YOU AND COMPANY OR A REPRESENTATIVE OF COMPANY CONSTITUTE A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. COMPANY RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON THE SERVICES THAT IT DETERMINES IN ITS SOLE DISCRETION IS VIOLATIVE OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SERVICES.
20. Confidentiality - “Confidential Information” means any and all information that is disclosed by either party to the other party, either directly or indirectly, in writing, orally or by inspection of tangible objects, which if disclosed in writing or tangible form is marked as “Confidential,” or with some similar designation, or if disclosed orally, is identified as being proprietary and/or confidential at the time of disclosure, or under the circumstances or the nature of the information would be reasonably deemed to be confidential. In the case of OneSignal, Confidential Information includes, without limitation, the Materials and the technology, features and functionality of Services. Confidential Information does not include information that: (a) is or becomes generally known to the public through no fault of or breach of these Terms of Use by the receiving party; (b) is rightfully known by the receiving party at the time of disclosure without an obligation of confidentiality; (c) is independently developed by the receiving party without use of the disclosing party’s Confidential Information; or (d) the receiving party rightfully obtains from a third party without restriction on use or disclosure.
Use and Disclosure Restrictions. Each party shall not use the other party’s Confidential Information except as necessary to exercise its rights or perform its obligations under these Terms of Use. Each party shall not disclose the other party’s Confidential Information to any third party except to those of its employees, subcontractors, and advisers that need to know such Confidential Information for the purposes of these Terms of Use, provided that each such employee and subcontractor is subject to a written agreement that includes binding use and disclosure restrictions that are at least as protective of Confidential Information as those set forth herein. Each party will use all reasonable efforts to maintain the confidentiality of all Confidential Information of the other party in its possession or control, but in no event less than the efforts that party ordinarily uses with respect to its own proprietary information of similar nature and importance. The foregoing obligations will not restrict either party from disclosing Confidential Information of the other party: (a) pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such a disclosure gives reasonable notice to the other party to contest such order or requirement or (b) on an as-needed, confidential basis to its legal or financial advisors. In addition, each party may disclose the terms and conditions of these Terms of Use as required under applicable securities regulations and on a confidential basis to current or prospective investors or acquirers of such party.
21. Indemnification - You agree to indemnify, defend and hold Company, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from any third party claim, demand or action to the extent relating to:
(a) your breach of these Terms of Use, including any violation of the Code of Conduct above; (b) any allegation that any submission or other content, data or materials you submit to us or transmit to the Services infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights, including privacy rights, of any third party; and/or (c) your use of the Services.
22. Questions - The Services is the property of OneSignal If you have any questions, comments or complaints regarding this Terms of Use Agreement or the Services, feel free to contact us at support@onesignal.com.
23. Statute of Limitations - Any claim or cause of action arising out of or related to use of the Servicesor these Terms of Use must be filed within one (1) year after such claim or cause or action arose regardless of any status or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
24. Customer List – Customer hereby grants OneSignal the right to use Customer’s trade names, trademarks, service marks, logos, domain names, testimonials and other distinctive brand features (the “Customer Marks”) in presentations, marketing materials, customer lists, financial reports and website listings (including links to your websites) for the sole purpose of advertising or publicizing Customer’s use of the Services. As between the parties, all use of the Customer Marks, including any goodwill accruing from such use, will inure to the sole and exclusive benefit of Customer.
25. MISCELLANEOUS.
- Relationship of the Parties. The parties are independent contractors with respect to each other. These Terms of Use do not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. Nothing herein contained shall give, or is intended to give, any rights of any kind to any third parties.
- Assignment. We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer rights to use the Service, unless we allow you to do so in writing.
- Force Majeure. Except for payment obligations, neither party will be responsible for any failure or delay in its performance under these Terms of Use due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, internet or telecommunications failures, shortages of or inability to obtain labor, energy, or supplies, war, terrorism, riot, acts of God or governmental action, acts by hackers or other malicious third parties and problems with the Internet generally, and such performance shall be excused to the extent that it is prevented or delayed by reason of any of the foregoing.
- Headings and Wording. Section headings are for reference purposes only, and should not be used in the interpretation hereof. No provision these Terms of Use will be construed against either party as the drafter thereof. Governing Law; Venue. These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of California, without reference to conflicts of laws principles. The parties agree that the federal and state courts in Santa Clara County, California will have exclusive jurisdiction and venue under these Terms of Use, and the parties hereby agree to submit to such jurisdiction exclusively.
- Entire Agreement. These Terms of Use constitute the complete, final and exclusive agreement between the parties with respect to the subject matter hereof, and supersede any and all prior or contemporaneous oral or written representations, understandings, agreements or communications between them concerning the subject matter hereof, including any proposals or quotations or customer terms.
Please read the Services’ Privacy Policy here: https://onesignal.com/privacy_policy
Please read the DPA here: https://onesignal.com/dpa