SMS TERMS OF SERVICE
The following is a legal agreement between yourself (individual, company or any other entity) and Firepush Ltd (Firepush), including any services or software products developed by Firepush Ltd.
Firepush services include products and services sold via getfirepush.com. tobi.ai and the Shopify App store.
By using any of the Firepush services or registering for these services, you agree that you have read, understood and accepted the terms and conditions listed within these Terms of Service.
If you do not accept this agreement or agree to all terms within these Terms of Service, you are not authorised to use any Firepush services.
We may amend the terms of these Terms of Service at our discretion. When we do this, we will post the changes on our website, including the date of any amendment.
Your use of any Firepush service implies that you accept any amendments we have made. It is your responsibility to review these Terms of Service for any changes.
1. Account
1.1.You must be 18 years or older to use Firepush services.
1.2.In order to access and use Firepush services, you must create an account. You will need to provide a valid email address and telephone number in order to do this.
Any virtual or third-party phone number or landline number will be flagged up and delay the registration process.
Firepush may cancel your account or reject your registration at our discretion.
1.3.You agree that we can use your email address and/or phone number for communication purposes.
1.4.You are responsible for any content you send using our services, including text, images, links, promotions, automations etc.
1.5. Firepush may terminate your account and stop your services should you violate any of the points within these Terms of Service.
2. Payments
2.1.Payments made via the Shopify App store are processed by Shopify Payment Processor.
If you pay for the service as your employer, rather than yourself, your employer is bound to the service. If you sign up for any of our plans or activate the auto-recharge option, you will be charged for our services on a recurring basis. Any plan you purchase from us will automatically renew unless you cancel your plan.
3. Acceptable Use
3.1. You may only use our services to contact recipients who expect your messages.
3.2.You may only contact recipients whose contact details you have lawfully gathered.
Check our Best Practice post for more information on how to gather contact details using opt-in forms and subscribing.
3.3.You may only use our services for transnational purposes, to notify your users of the status of their order or information about its shipping, packing, and payment.
3.4.You may only use our services for marketing purposes, following local requirements and best practices, including obtaining consent from users that they agree to receiving your messages, including your business or brand name, a brief offer, and links for customers to find out more.
3.5.You may only use our services if you include a way for users to opt-out and unsubscribe if they no longer wish to receive messages from you (USA and Canada).
4. Prohibited use of service
4.1.You may not use the service with purchased, leased, transferred, rented or stolen numbers that do not have customer consent for receiving marketing.
4.2.You may not use the service in connection with child exploitation, harassment, hateful content, threats, illegal activities, malicious or deceptive practices, scams, spam, terrorism, indecent content, pornographic content, sexual content, or any content intended to cause distress, annoyance, inconvenience, worry or upset to the recipient.
4.3.You may not use your account to represent yourself as a third-party or bypass any legitimate identification systems.
4.4.You may not test or reverse-engineer the services in order to find limitations or vulnerabilities, or to evade any filtering systems.
4.5.You may not use copyright trademarks or other intellectual property without the written permission of the holder of these rights.
4.6.You may not bring the Firepush brand into disrepute.
Should any prohibited messages be transmitted using our SMS messaging service, Firepush may temporarily suspend your account at its discretion until the matter is resolved to Firepush’s satisfaction. In extreme cases, Firepush may terminate your account and any agreement.
In the instance of any fines being levied against Firepush as a result of prohibited messages being sent using the Firepush SMS service, the user responsible for those messages, or the user whose account has sent those messages will be held liable to pay the fines in their entirety.
5. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss resulting from your use of Firepush Services. Firepush will not be liable for any indirect, punitive, special or consequential damages under any circumstances, including if these are due to negligence or Firepush has been advised of the possibility of those damages. Firepush’s liability for all claims against the service in any month will be no more than what you have paid for the service in the previous month.
6. No warranty
6.1.To the maximum extent permitted by law, Firepush provides the material on the E-commerce App website. This means Firepush does not provide warranties of any kind, either express or implied, included but not limited to warranties of merchantability or fitness to any particular purpose. Since people use Firepush for a variety of reasons, we cannot guarantee that Firepush services will meet your specific needs.
6.2.Firepush cannot guarantee the services will be uninterrupted, timely or free of errors.
6.3.Firepush cannot guarantee that the quality of the services will meet your expectations.
7. Suspension of Services and Refunds
7.1.Should you wish to cancel your service and have not used the service at all (i.e. if you haven’t sent any messages), you are eligible for a refund of what you have paid. You must comply with the terms of Acceptable Use in order to be eligible for a refund.
7.2.Should you wish to cancel your account via Shopify or any other app, you must uninstall the application.
7.3.Should you use the service along with any of the points in 4. Prohibited Use of Service, Firepush reserves the right to terminate your account immediately and you will not be eligible for any refunds.
ANTI SPAM POLICY
Effective starting: November 1, 2016 (view archive)
By using Firepush You (You or User) agree to Terms of use (Terms) and this Anti-Spam Policy which is integral part of Terms.
Basic overview
User may not use a Firepush to directly or indirectly send, transmit, handle, distribute or deliver: (a) unsolicited email (“spam” or “spamming”); (b) email to an address obtained via internet harvesting methods or any impermissible electronic collection of address or other information; or (c) email to an address that is incomplete, inaccurate and/or not updated for all applicable opt-out notifications.
Spam is any email you send to someone who has not given you their direct permission to contact them on the topic of the email.
Firepush reserves the right to supplement, modify, amend or supersede this Anti-Spam Policy, notifying User via e-mail or user portal, or by posting a revised copy on the Firepush website. User agrees to review the Anti-Spam Policy on a regular basis and remain in compliance at all times.
2. Permission gathering
To send email, SMS message, web push message to anyone using Firepush, you must have clearly obtained their permission. This could be done through:
A. An email, phone, web push newsletter subscribe form on your web site.
B. An opt-in checkbox on a form. This checkbox must not be checked by default, the person completing the form must willingly select the checkbox to indicate they want to hear from you.
C. Customers who have purchased from you within the last 12 months or have an ongoing contract with you.
D. If someone completes an offline form like a survey or enters a competition, you can only contact them if it was explained to them that you would be contacting them by email AND they ticked a box indicating they would like you to contact them.
3. Inappropriate addresses
By using Firepush, you agree not to import or send to any email address which:
A. You do not have explicit, provable permission to contact in relation to the topic of the email, SMS text or web push message you’re sending.
B. You bought, loaned, rented or in any way acquired from a third party, no matter what they claim about quality or permission. You need to obtain permission yourself.
C. You haven’t contacted via email in the last 12 months.
D. You scraped or copy and pasted from the web
4. Opt-out policy
Every message you send using Firepush must include the following:
A. Recipient’s email address subscribed to the list.
B. The name and physical address of the sender as well as current and accurate full legal entity name. If you’re sending an email for your client, you’ll need to include your client’s details instead.
C. An advisement that the recipient may unsubscribe, opt-out or otherwise demand that use of its information cease for unsolicited or otherwise impermissible and/or inappropriate communication(s) as described herein.
D. Information on one or more methods by which the recipient may notify User of its election to unsubscribe, opt out or otherwise demand that use of its information cease for unsolicited or otherwise impermissible and/or inappropriate communication(s) as described herein.
E. A single-click unsubscribe link that instantly removes the subscriber from your list. No input from the user, other than confirmation, should be required. Once they unsubscribe, you can never email them again, other than sending final confirmation/reminder regarding successful unsubscribing.
User warrants it shall comply promptly with all opt out, unsubscribe, “do not call” and “do not send” requests.
Those recipients whose email addresses bounce multiple of time will be unsubscribed from your list automatically.
5. Verification procedures
Firepush has various layers of approval and monitoring to ensure you comply with our anti-spam policy:
A. Firepush is integrated into 3rd party spam reporting systems used by some of the biggest ISP’s and e-mail service providers like Outlook and AOL. If you don’t have permission and someone marks your campaign as spam, we’ll know about it the moment that button is pressed. If you receive a complaint rate greater than 0.1% of all recipients (that’s 10 complaints for every 10,000 recipients), bounce rate greater than 4% of all delivered emails, unsubscribe rate greater than 2%, or “removed” rate greater than 5% you will receive a warning email requesting an explanation and giving you advice. “Removed” rate is a sum of bounce, complaint and unsubscribe rate. Higher levels of complaints and/or bounces will result in accounts being marked as spamming and locked or terminated. Getting two or more warnings (related to poor performance of your campaign) during the period of 3 months will result in your account being locked or terminated and all special bonuses like discounts or extra features being removed.
B. Our team might verify selected large lists imported into our system.
C. We monitor blacklists and our abuse accounts all day every day. We can pinpoint who is causing us delivery problems or attracting complaints very easily.
D. If we notice that your mailing list contains one or multiple spam traps, you’ll be asked to clean your list. If you do not clean your mailing list within given period of time, your account will be locked or terminated. A spam trap is an email address traditionally used to expose illegitimate senders who add email addresses to their lists without permission. But they are also set up to identify email marketers with poor permission and list management practices. Firepush will assist you in cleaning your mailing list with instructions, personal advice from support team and, in some occasions, paid service of list cleaning.
If we discover that you’re emailing people without their permission and/or massively using inaccurate email addresses, we will terminate your account with Firepush immediately.
6. Contacts
If you have any questions about our Anti-Spam Policy, or if you want to report spamming activity by one of our customers, please contact us