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These terms govern your use of PushCaster (“the Service”). In them, “we” and “us” mean the operator of the Service, and “you” means the person or organisation that opens an account.

If you open an account on behalf of an organisation, you confirm that you are authorised to bind it, and “you” means that organisation.

PushCaster is managed realtime messaging infrastructure. You create applications, connect clients to them, and publish events that we deliver to those clients.

We may change how the Service works. Where a change removes a capability you are using, or materially changes what you pay, we will give you reasonable notice by email to the address on your account before it takes effect.

We make no commitment about availability in these terms. There is no service level agreement, no uptime figure and no service credit. Where we publish operational status, it is a report of what happened rather than a promise about what will.

You must be at least 16 years old to open an account, and old enough under the law where you live to enter into a contract. If you are opening it for an organisation, the organisation is the customer.

You must verify your email address before you can create an application or receive credit. You are responsible for the accuracy of your account details and for keeping them current.

Each application is issued a key and a secret. The key is public by design and is expected to appear in client-side code. The secret is not: it signs server-side requests, and anyone holding it can publish as you and can authorise subscriptions on your behalf.

You are responsible for all activity under your credentials. If you believe a secret has been exposed, rotate it in the dashboard; we will act on a report as quickly as we reasonably can, but activity before that point is yours.

The Service is pay-as-you-go against a prepaid wallet. There is no plan, no seat and no monthly commitment. You add funds, and usage is charged against them.

Charges are computed hourly from metered usage at the rates published on the pricing page, which are served from the same rate card the billing system charges from. Each charge records the rate it used, so a charge stays explicable after a rate changes.

What is metered and charged:

• Messages, counted as messages published plus messages delivered to each subscriber.
• Connection time, metered in seconds and charged per connection-minute.

Other usage — bandwidth, webhook deliveries, presence traffic — is metered so that it is visible to you, and is not charged at the rates currently in force. If that changes, the rate card changes first and this is not a change we would make without notice.

Promotional credit is a grant rather than a payment. It is spent before any balance you have paid for, it is not refundable, it is not exchangeable for money, and it may expire. Credit granted on signup is subject to the anti-abuse checks described in section 7.

We may change the rates. A rate change takes effect from a stated future time and applies to usage after that time, never retrospectively.

When your balance reaches zero the account enters a grace period. During grace, connections that are already open continue to be served, and new connections and new publishes are refused.

Grace ends when the grace period expires or when the balance falls further than a limit we set, whichever comes first. That limit exists so an account cannot run up an unbounded debt while it is being kept alive. After grace, the Service stops for that account until it is funded.

Adding funds restores service automatically. Nothing needs to be requested from us.

We warn you before this happens, once, by email, when your balance falls below a threshold. You can set that threshold yourself in the dashboard. The warning is a courtesy and its delivery is not a condition of the charges being due — an email that is filtered, bounced or ignored does not suspend your obligation to fund the account.

Funds you have added and not yet spent are refundable on request, to the payment method they came from, less any amount already consumed and less any transaction fee we were charged and cannot recover. Ask us and we will process it.

Usage already metered and charged is not refundable, because it has been delivered. Promotional credit is not refundable in any circumstance, because it was never paid for.

If we suspend or close your account for a breach of section 7, we may withhold a refund of unspent funds to the extent they are needed to cover losses, charges or third-party costs arising from that breach. We will tell you the amount and the reason.

Nothing in this section limits any right to a refund you have under consumer law that cannot be excluded by agreement.

You may not use the Service to:

• send content that is unlawful, or that infringes someone else's rights;
• send unsolicited bulk messages, or operate a service whose purpose is to do so;
• distribute malware, or coordinate attacks on any system;
• interfere with the Service or with other customers — including attempting to exceed published limits by circumventing them rather than requesting an increase;
• resell raw capacity in a way that makes you an intermediary we cannot identify, unless we have agreed to it in writing;
• open multiple accounts to obtain promotional credit more than once, or to evade a limit, a suspension or a debt.
• use the Service where doing so would breach sanctions or export control law — including using it from, or providing it to, a person or a country subject to those measures.

We run automated checks against these, and against signup fraud in particular. A check may withhold or defer promotional credit. Withholding credit does not restrict the account in any other way: you can still verify, create applications, add funds and publish.

We do not read the content of your messages in the ordinary course of operating the Service. We may inspect specific content where we reasonably need to in order to investigate a report of abuse, respond to a security incident, or comply with a legal obligation.

You may close your account at any time. Unspent funds are refundable under section 6.

We may suspend an account immediately where we reasonably believe it is causing harm to the Service, to other customers, or to third parties, or where we are required to. We will tell you why, and we will restore the account if the cause is resolved.

We may terminate an account on reasonable notice for a material breach of these terms that is not corrected, or where we cease to offer the Service. If we cease to offer the Service, we will give you as much notice as we practically can and refund unspent funds.

On termination, your applications stop serving and your credentials stop working. We keep records we are required to keep; everything else is deleted or anonymised in the ordinary course.

Your content remains yours. You grant us only the permission we need to operate the Service: to transmit, store transiently, and process your content for the purpose of delivering it and of providing the Service to you.

We do not use your content to train models, and we do not sell it.

Message payloads are transient. We deliver them and do not retain them as a record. Do not treat the Service as storage: if something must survive delivery, your application must store it.

Two different relationships are involved, and which one applies depends on whose data it is. For the data you give us to run your account — your email address, your organisation, your billing records — we decide what is done with it, and the privacy policy describes that. For the personal data of your own users that passes through the Service inside your events, you decide what is done with it and we act only on your instructions. In data protection terms you are the controller and we are the processor, and this section is our written agreement to that effect.

Where we act as your processor, we undertake that:

• we process that data only to deliver the Service and only as your use of it instructs us — routing what you publish to the subscribers you have authorised — and not for any purpose of our own;
• the people who operate the Service are bound to keep it confidential;
• we apply the security measures described in the privacy policy, and we will not weaken them during the term;
• we use the sub-processors listed in the privacy policy, and that list changes before a new one starts rather than after;
• we will help you respond to a request from one of your users, so far as we are able. Usually we will have nothing to give you: message content is not retained, so there is generally nothing of theirs in our hands to retrieve, correct or erase;
• we will tell you without undue delay if we become aware of a breach affecting data we process for you, and give you what you need to make your own notifications;
• we will give you the information you reasonably need to satisfy yourself that we are doing the above.

Because you are the controller of that data, having a lawful basis for putting it through the Service is yours to establish, as is telling your own users about it. We cannot do that for you: we do not know who they are or what you told them.

How we handle personal data is described in the privacy policy, which forms part of these terms.

We own the Service, its software and its documentation. Nothing in these terms transfers that to you. You get a right to use the Service while this agreement is in force, and nothing more.

PushCaster is compatible with the Pusher Channels protocol. PushCaster is not affiliated with, endorsed by or sponsored by Pusher, and does not claim any right in the Pusher name, the Pusher Channels name, or the official Pusher client and server libraries. Those names and libraries belong to their respective owners and are referred to only to describe compatibility. The third-party notices page sets this out in full.

If you send us feedback, we may use it without obligation to you. This does not give us any right in your content or in your own products.

The Service is provided as it is. To the extent the law allows, we exclude implied warranties, including of merchantability, fitness for a particular purpose and non-infringement.

We do not exclude or limit liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.

Subject to that, neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, or loss or corruption of data.

Subject to that, our total liability arising out of or in connection with this agreement, whether in contract, tort or otherwise, is limited in aggregate to the greater of the amounts you paid us in the twelve months before the claim arose, or one hundred pounds sterling.

You are responsible for your own use of the Service, including for what your applications send and for the effect of the Service being unavailable on anything you build with it. If the Service stopping would cause you serious harm, you should design for that rather than rely on a commitment we have not made.

If somebody brings a claim against us because of what you did with the Service, you cover it. That means a third-party claim arising from your content, from your application, from your breach of section 7, or from your handling of your own users' personal data as their controller — including the cost of defending it.

This does not apply to the extent the claim arises from our own breach of these terms or our own negligence, and it does not apply where you are a consumer rather than a business.

We will tell you promptly about any claim we want covered, we will not settle it without asking you first, and we will let you take over the defence if you want it.

These terms and any dispute arising out of or in connection with them, including any non-contractual dispute, are governed by the laws of England and Wales.

The courts of England and Wales have exclusive jurisdiction, except that we may bring proceedings to protect our intellectual property or to recover a debt in any court with jurisdiction over you.

Before either of us starts proceedings, we should try to resolve the dispute directly: write to the other with what the dispute is and what you want, and allow thirty days for a reply. This does not stop either of us seeking urgent injunctive relief.

If you are a consumer, this section does not deprive you of the protection of the mandatory law of the country where you live, nor of the right to bring proceedings in its courts.

We may change these terms. We will publish the changed version with the date it takes effect, and where a change materially reduces your rights or increases your obligations we will email the address on your account at least thirty days beforehand.

If you do not accept a change, you may close your account before it takes effect and take a refund of unspent funds under section 6. Continuing to use the Service after the effective date means you accept the change.

If a provision of these terms is unenforceable, the rest continues in force.

A delay in enforcing a right is not a waiver of it. You may not assign this agreement without our consent; we may assign it to a successor to the business on notice to you.

These terms, together with the privacy policy and the third-party notices, are the whole agreement between us about the Service.

Nothing here makes us partners, or either of us the agent of the other.

Neither of us is liable for a failure caused by something genuinely outside our control — an act of government, war or terrorism, a natural disaster, a labour dispute, or a failure of power, of a network, or of the public internet. This does not excuse paying money that is owed.

Notices from us go by email to the address on your account, and are treated as received the next working day. Notices to us go to the address at the foot of this page. Where these terms require notice before a change takes effect, publishing it on this page as well does not shorten the period.

This agreement is between you and us. Nobody else may enforce any part of it under the Contracts (Rights of Third Parties) Act 1999.

Sections 6, 9, 10, 11, 12 and 14 survive the end of this agreement, along with any obligation to pay for usage already incurred.