Terms of Service

1. Who may use the Service

The Service is a developer tool intended for businesses and individuals acting for purposes of their trade, business or profession. You must be at least 18 years old and able to enter into a binding contract. If you nevertheless use the Service as a consumer, nothing in these Terms limits the rights you have under mandatory consumer protection law.

2. Accounts

You must provide accurate information when you register and keep it up to date. Keep your credentials secure. You are responsible for all activity under your account and in your organization, including activity by the members you invite. Tell us promptly at support@notificationstream.com if you suspect unauthorized use.

3. The Service

The Service lets you display in-app notifications to the end users of your applications ("End Users") and manage them through a dashboard and an API. We continuously improve the Service and may add, change or remove features. We will not materially reduce the core functionality of a paid plan during its current billing period. Features we label as beta or preview may change or be withdrawn at any time and are provided as is.

4. Free trial

An organization can start one 3-day free trial of a paid plan. A payment method is required at checkout, but you are not charged during the trial. Unless you cancel before the trial ends, your subscription starts automatically and the first payment is taken at the end of the trial.

5. Orders, payment and taxes

Our order process is conducted through Stripe Managed Payments. Link, Stripe's checkout and wallet service, is the Merchant of Record for all our orders, and your purchases appear as "Sold through Link". Payments are processed by Stripe acquiring affiliates, such as Stripe Payments Company and Stripe Technology Europe, Limited. Link provides customer support for transactions and handles fraud prevention, disputes and refunds. It calculates, collects and remits applicable taxes such as VAT, GST and sales tax, and emails your receipts and invoices. Prices are listed in US dollars and may be shown in your local currency; applicable taxes are added at checkout. Charges appear on your statement as LINK.COM* NOTIFICATIONSTREAM.

• Subscriptions are billed in advance, monthly or yearly, and renew automatically at the end of each billing period until cancelled.
• You can cancel at any time from the billing page of your dashboard or on link.com, where you can also manage your payment methods, billing address and order history. Cancellation takes effect at the end of the current billing period, and you keep access until then.
• Upgrades and downgrades take effect immediately, and the prorated difference is added to your next invoice. Switching between monthly and yearly billing starts a new billing period and is charged right away.
• While your organization has an active plan, including during a trial, owners and admins can buy additional request packs from the billing page. Each pack is a one-time purchase at the price shown at checkout. We never buy packs automatically on your behalf.
• We may change our prices. We will tell you at least 30 days in advance, and the new price applies from your next renewal. If you do not agree, you can cancel before then.
• If a payment fails, it may be retried for a period. If it is still not resolved, or your subscription ends, the API endpoints that create or change data are blocked immediately, and the SDKs stop showing notifications to your End Users. There is no further grace period. You can still read your data through the API.

6. Refunds

You can request a full refund of any payment within 14 days of the charge, for any reason. This applies to the first payment after a trial, to renewals and to request packs. To request a refund, contact Link support through link.com or contact us at support@notificationstream.com. Refunds are issued through Link, which emails you a refund notice. When we refund a subscription payment we may cancel the subscription, and when we refund a pack we may remove its unused requests.

After 14 days, we do not refund payments, except where required by law. Stripe may, in certain cases, issue a refund within 60 days of a purchase, and regional cooling-off periods are applied where required. We may refuse a refund if we find evidence of fraud, refund abuse or other manipulative behavior. This does not affect your statutory rights.

7. Usage limits

Each plan includes limits, for example on API requests, projects and notification retention, as described on our pricing page. If your organization runs out of requests in a month, the Service keeps working but new notifications reach End Users more slowly until the month resets, you upgrade or you buy more requests. We may throttle or block traffic that threatens the stability or security of the Service.

8. Acceptable use

You must not use the Service, or allow anyone else to use it, to:

• break any law or regulation, or help anyone else do so;
• send content that is illegal, fraudulent, deceptive, defamatory, harassing or hateful, or send spam or unsolicited marketing where the law prohibits it;
• infringe anyone's intellectual property, privacy or other rights;
• distribute malware or link to phishing or other malicious sites;
• interfere with the security or operation of the Service, including probing, scanning or load-testing it, scraping it, or accessing it other than through our documented interfaces;
• circumvent usage limits, authentication, access controls or identity verification;
• reverse engineer the Service, except to the extent the law expressly permits this despite a contractual prohibition;
• send special categories of personal data (such as health data) unless we have agreed in writing; or
• resell or sublicense the Service without our written consent.

9. Customer data

You keep all rights to the content of your notifications and the End User data you send to the Service ("Customer Data"). You grant us a non-exclusive, worldwide license to host, copy, process and display Customer Data only as needed to provide, secure and support the Service. We process the personal data in Customer Data as your processor under our Data Processing Agreement, which forms part of these Terms. You are responsible for the content you send and for having a lawful basis, and giving End Users any notices, required to send Customer Data to us.

10. Illegal content and moderation

We do not review Customer Data before it is published and we do not use automated content moderation. Anyone can report content they believe is illegal by emailing support@notificationstream.com. Please include why you believe the content is illegal, where it appears (for example the app and notification), your name and email address, and a statement that you believe in good faith that the report is accurate and complete.

A person reviews every report. If content breaches the law or these Terms, we may remove it or restrict access to it, suspend the organization concerned or ask you to remove it. We will tell the affected customer and the person who reported it what we decided and why, unless the law prevents us. You can contest a decision by replying to our message. This email address is also our single point of contact for authorities and users under the EU Digital Services Act. We communicate in English and Romanian.

11. Security and API keys

Secret API keys and private signing keys must be kept on your servers and never embedded in client applications. You are responsible for actions taken with your keys until you revoke them in the dashboard.

12. Intellectual property

We and our licensors own the Service and all intellectual property rights in it. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. Our SDKs are licensed under the open-source license included with each SDK. If you send us feedback or suggestions, we may use them without any obligation to you. We will not use your name or logo publicly without your permission.

13. Third-party services

The Service relies on third parties, such as Cloudflare for hosting and Stripe for payments, and lets you log in with GitHub or Google. Your use of those providers' own services is governed by their terms.

14. Availability and support

We work to keep the Service available and reliable, but we do not guarantee that it will be uninterrupted, timely or error-free. Unless we agree otherwise in writing, there is no service level agreement. We may carry out maintenance, which we try to schedule to minimize disruption. Support is provided by email at support@notificationstream.com.

15. Disclaimer

To the extent permitted by law, the Service is provided "as is" and "as available", and we disclaim all warranties not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

16. Limitation of liability

Nothing in these Terms excludes or limits liability for damage caused intentionally or by gross negligence, for death, personal injury or damage to health, for fraud, or any other liability that cannot be excluded or limited under applicable law.

Subject to the paragraph above:

• neither party is liable for indirect or consequential loss, or for loss of profits, revenue, business, goodwill or anticipated savings; and
• each party's total liability arising out of or in connection with these Terms is limited to the greater of the fees you paid for the Service in the 12 months before the event giving rise to the claim and EUR 100.

These limits do not apply to your obligation to pay fees, to breaches of section 8 (Acceptable use) or to your obligations under section 17 (Indemnity).

17. Indemnity

If you use the Service for business purposes, you will defend and indemnify us against third-party claims, and the resulting losses and reasonable costs, arising from Customer Data or from your breach of section 8 (Acceptable use). We will tell you promptly about any such claim and let you control its defense.

18. Suspension and termination

You can stop using the Service and cancel your subscription at any time. Owners can delete an organization on its Billing page once its subscription is canceled. To close your account, email support@notificationstream.com.

We may suspend or terminate your access, in whole or in part, if you materially breach these Terms, do not pay, repeatedly or seriously violate section 8, if your use creates a security or fraud risk, or if the law requires it. Where reasonable, we will give you notice and a chance to fix the problem first. We may also terminate these Terms for convenience with 30 days' notice; in that case we will refund any prepaid fees for the period after termination.

You can export your data through the API before termination. After termination, we delete Customer Data as described in the Data Processing Agreement. Sections that by their nature should survive termination, including sections 9, 12 and 15 to 21, survive.

19. Governing law and disputes

These Terms are governed by the laws of Romania. The competent courts of Cluj-Napoca, Romania, have exclusive jurisdiction over any dispute arising out of or in connection with them. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live and may bring proceedings in its courts.

20. Changes to these Terms

We may update these Terms. We will notify you of material changes by email or in the dashboard at least 30 days before they take effect. If you do not agree, you can cancel your subscription before the changes take effect. If you continue to use the Service after that date, you accept the updated Terms.

21. General

These Terms, together with the Data Processing Agreement and any order form we sign with you, are the entire agreement between you and us about the Service. If any provision is found unenforceable, the rest remains in effect. Not enforcing a provision is not a waiver of it. You may not transfer these Terms without our consent; we may transfer them to a successor in a merger, acquisition or sale of our business, and will tell you if we do. Neither party is liable for delays or failures caused by events beyond its reasonable control.

22. Contact

RCHITECTED QUBILA SRL, trading as NotificationStream, a limited liability company registered in Romania with the Trade Register under no. J12/4516/2022, sole registration code (CUI) 46532650, VAT no. RO46532650, with its registered office in Cluj-Napoca, Cluj County, Romania. Email: support@notificationstream.com.