Terms of Use

By accessing or using any part of the Services, you confirm that you've read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you use the Services on behalf of an organization, you represent that you're authorized to bind that organization, and “you” refers to it.

We may revise these Terms from time to time by posting an updated version. Where changes are material we'll make reasonable efforts to let you know. Your continued use of the Services after changes take effect constitutes acceptance.

Notifly provides notification infrastructure that lets you send messages to your recipients across channels such as email, SMS, push, in-app, and chat from a single API and workflow editor. The Services are provided as a hosted platform that we operate; we may add, change, or remove features over time.

• You must provide accurate, current, and complete information when you register, and keep it up to date.
• You're responsible for all activity under your account and for keeping your login credentials confidential. Don't share them, and tell us promptly at [email protected] if you suspect unauthorized use.
• You may hold one account unless we agree otherwise, and you must be able to form a binding contract to use the Services.
• We may suspend or terminate accounts we reasonably believe are inaccurate, abusive, or in breach of these Terms.

As between you and us, you own the content and data you submit to the Services, including your recipient lists and message content (Customer Data). You grant us a worldwide, non-exclusive license to host, process, and transmit Customer Data solely to provide and maintain the Services.

When the Services process personal data about your end recipients, you are the controller and we act as your processor under our data processing terms. You represent that you have all necessary rights, notices, and lawful bases (including any required consent) to send those notifications, and that you will not use the Services to send unlawful content or to anyone who hasn't agreed to receive it. You are responsible for complying with applicable messaging and privacy laws (such as GDPR, CAN-SPAM, CASL, and the TCPA). You must not submit special categories of data (for example health or children's data) except as expressly supported and agreed.

You agree not to, and not to allow anyone else to:

• Use the Services to send spam, phishing, malware, or any unlawful, deceptive, harassing, or infringing content.
• Impersonate any person or entity, or provide false or misleading registration information.
• Reverse-engineer, decompile, or attempt to extract source code from the Services, except to the extent permitted by an applicable open-source component license or by applicable law.
• Resell, sublicense, or commercially exploit the Services except as expressly permitted.
• Probe, scan, or test the vulnerability of the Services, or breach or circumvent security or authentication measures, without authorization.
• Interfere with or disrupt the integrity or performance of the Services, including via bots, scrapers, or denial-of-service techniques.
• Use the Services in violation of any applicable law or third-party rights.

Except for Customer Data and for components made available under an open-source license, the Services and all related software, design, text, graphics, and trademarks are owned by Devino or its licensors and are protected by intellectual-property laws. These Terms don't grant you any right in our trademarks or branding, and you may not remove proprietary notices or use our marks without prior written permission.

Unless you tell us otherwise in writing, you grant us a limited, non-exclusive, royalty-free license to use your name and logo to identify you as a Notifly user in our marketing, subject to any brand guidelines you provide.

If you send us ideas or suggestions about the Services, you grant us a perpetual, irrevocable, royalty-free license to use them for any purpose, with no obligation to you.

The Notifly platform is a hosted service and is not distributed as source code. It is built on the open-source Novu project and on other third-party open-source components, each of which remains governed by its own license; nothing in these Terms restricts your rights under those licenses with respect to those components.

Client-side SDKs we publish are released under their own open-source licenses, stated in each package. Use of those packages is governed by the license shipped with them, not by these Terms.

• Some features require a paid subscription. Prices and what's included are shown before you purchase, and you're responsible for applicable taxes.
• Fees are billed on the cycle described at checkout. Unless stated otherwise, payments are non-refundable except where required by law.
• If a payment fails and isn't resolved within 30 days of notice, we may suspend or downgrade your paid features.
• We may change pricing on a prospective basis and will give reasonable notice of changes that affect an active subscription.

The Services may interoperate with or link to third-party products — for example the delivery providers you connect, or external websites. We don't control those and aren't responsible for them; your use of them is at your own risk and subject to their terms.

The Services are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We don't warrant that the Services will be uninterrupted, timely, secure, or error-free, or that any given notification will be delivered — delivery depends on third-party channels, networks, and recipient systems outside our control.

To the maximum extent permitted by law, Devino will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of the Services. Our total liability for any claim relating to the Services will not exceed the amount you paid us for the Services in the twelve months before the event giving rise to the claim. Some jurisdictions don't allow certain limitations, so some of these may not apply to you.

You agree to indemnify and hold harmless Devino and its personnel from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Services, your Customer Data, the notifications you send, or your breach of these Terms or of applicable law.

You may stop using the Services at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Services or other users. On termination, your right to use the Services ends; sections that by their nature should survive — such as intellectual property, disclaimers, liability limits, and indemnification — will survive.

These Terms are governed by the laws of the Province of Ontario, Canada, without regard to its conflict-of-laws rules, and you agree to the exclusive jurisdiction of the courts located there for any dispute, except where mandatory local law gives you other rights.

If any provision of these Terms is found unenforceable, the rest remain in effect. Our failure to enforce a provision isn't a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Services.

Questions about these Terms? Email [email protected].