Terms of Service

Last updated: January 7, 2025

1. Agreement to Terms

By accessing or using the Chirpme service ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access the Service.

These Terms apply to all visitors, users, and others who access or use the Service, including both channel owners (who send notifications) and subscribers (who receive notifications).

We reserve the right to update these Terms at any time. Continued use of the Service after changes constitutes acceptance of the modified Terms.

2. Description of Service

Chirpme provides a push notification platform that enables businesses and individuals ("Channel Owners") to create notification channels and send push notifications to users ("Subscribers") who opt-in to receive them via our mobile applications.

The Service includes:

  • Web dashboard for managing channels and sending notifications
  • API access for programmatic notification delivery
  • Mobile applications for receiving notifications
  • Analytics and reporting features

3. Account Registration and Security

To use certain features of the Service, you must register for an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use of your account

You must be at least 18 years old (or the age of legal majority in your jurisdiction) to create an account. By creating an account, you represent that you meet this requirement.

4. Acceptable Use Policy

IMPORTANT: Violation of this Acceptable Use Policy will result in immediate account suspension without refund.

You agree NOT to use the Service to create, send, or distribute content that:

4.1 Prohibited Content

  • Hate Speech: Promotes hatred, discrimination, or violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
  • Harassment: Threatens, bullies, intimidates, or harasses any individual
  • Explicit Content: Contains pornography, sexually explicit material, or content harmful to minors
  • Violence: Promotes or glorifies violence, terrorism, or self-harm
  • Illegal Activity: Promotes or facilitates illegal activities, including drug trafficking, fraud, or money laundering
  • Misinformation: Deliberately spreads false information about public health, elections, or emergencies
  • Spam: Unsolicited bulk messaging, phishing, or deceptive marketing practices
  • Malware: Links to or promotes malware, viruses, or other harmful software
  • Intellectual Property Violations: Infringes on copyrights, trademarks, or other intellectual property rights

4.2 Prohibited Activities

  • Sending notifications without proper consent from subscribers
  • Using the Service for unsolicited commercial messages (spam)
  • Attempting to circumvent rate limits, quotas, or security measures
  • Impersonating another person, business, or entity
  • Reverse engineering, decompiling, or disassembling the Service
  • Using automated tools to create accounts or send notifications in violation of these Terms
  • Interfering with or disrupting the Service or servers
  • Collecting user data without authorization

4.3 Consequences of Violation

We reserve the right to, at our sole discretion and without prior notice:

  • Remove or disable access to any content that violates these Terms
  • Suspend or terminate accounts engaged in prohibited activities
  • Report violations to law enforcement authorities when appropriate
  • Pursue legal action for damages caused by violations

NO REFUNDS WILL BE PROVIDED FOR ACCOUNTS SUSPENDED OR TERMINATED DUE TO VIOLATIONS OF THIS ACCEPTABLE USE POLICY.

5. Payment Terms

5.1 Fees and Billing

Paid plans are billed in advance on a monthly or annual basis. Fees are non-refundable except as expressly stated in these Terms. All fees are exclusive of taxes, which you are responsible for paying.

5.2 No Refunds Policy

ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE. This includes, but is not limited to:

  • Monthly and annual subscription fees
  • Overage charges for exceeding plan limits
  • Any other fees charged for use of the Service

By subscribing to a paid plan, you acknowledge and agree that no refunds will be provided for any reason, including but not limited to:

  • Unused portions of your subscription period
  • Downgrading to a lower-tier plan
  • Cancellation of your subscription
  • Service outages or technical issues
  • Dissatisfaction with the Service

5.3 Payment Disputes and Chargebacks

INITIATING A CREDIT CARD CHARGEBACK OR PAYMENT DISPUTE WILL RESULT IN IMMEDIATE ACCOUNT SUSPENSION.

If you dispute a charge with your credit card company or bank instead of contacting us directly:

  • Your account will be immediately suspended pending investigation
  • Access to the Service will be terminated
  • All channel data and notification history may be deleted
  • You may be prohibited from creating new accounts
  • We reserve the right to pursue collection of disputed amounts plus administrative fees

If you believe a charge is incorrect, please contact us at support@chirpme.app before initiating a dispute with your financial institution. We are committed to resolving billing issues promptly and fairly.

5.4 Subscription Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation:

  • You will retain access to paid features until the end of your current billing period
  • No refunds will be provided for the remaining subscription period
  • Your account will be downgraded to the free tier (if available) or deactivated
  • Some features and data may become inaccessible after downgrade

5.5 Price Changes

We reserve the right to modify our pricing at any time. For existing subscribers, price changes will take effect at the start of the next billing cycle following 30 days' notice.

6. Intellectual Property

6.1 Our Intellectual Property

The Service and its original content, features, and functionality are owned by Chirpme and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Your Content

You retain ownership of any content you create and distribute through the Service. By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, and display your content solely for the purpose of providing the Service.

You represent and warrant that you have all necessary rights to the content you submit and that your content does not infringe any third-party rights.

7. Service Availability and Modifications

We strive to provide reliable service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

  • Scheduled maintenance (we will provide advance notice when possible)
  • Emergency maintenance or security updates
  • Factors beyond our control (network issues, third-party service outages)

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will not be liable for any modification, suspension, or discontinuation of the Service.

8. Third-Party Services

The Service integrates with third-party services including but not limited to:

  • Firebase/Google Cloud (authentication, database, messaging)
  • Apple Push Notification Service (iOS notifications)
  • Firebase Cloud Messaging (Android notifications)
  • Payment processors

We are not responsible for the availability, accuracy, or content of these third-party services. Your use of third-party services is subject to their respective terms and policies.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR RELIABILITY OF ANY CONTENT

We do not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components.

We do not guarantee notification delivery. Delivery depends on third-party services (Apple, Google), device settings, network conditions, and other factors beyond our control.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHIRPME SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or goodwill
  • Service interruption or computer damage
  • Cost of substitute services

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Chirpme, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party right, including intellectual property rights
  • Any content you create or distribute through the Service
  • Any claim that your content caused damage to a third party

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your settings. Upon termination, your right to use the Service will immediately cease.

12.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice or liability, for any reason, including but not limited to:

  • Breach of these Terms
  • Violation of the Acceptable Use Policy
  • Fraudulent or illegal activity
  • Non-payment of fees
  • Initiation of a payment dispute or chargeback
  • Request by law enforcement or government agency

12.3 Effect of Termination

Upon termination:

  • Your access to the Service will be disabled
  • Your channels will stop accepting new subscribers
  • Pending notifications may not be delivered
  • Your data may be deleted after a retention period (typically 30 days)
  • No refunds will be provided

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any dispute arising from these Terms shall first be attempted to be resolved through informal negotiation. If the dispute cannot be resolved informally within 30 days, either party may pursue resolution through binding arbitration in accordance with the rules of the American Arbitration Association.

13.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Chirpme regarding the Service and supersede all prior agreements.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights without restriction.

14.5 Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, government actions, or internet/network outages.

15. Contact Information

If you have any questions about these Terms, please contact us:

  • Email: support@chirpme.app
  • Website: https://chirpme.app/contact