Terms & Conditions

You must be at least 18 years old and capable of entering into a binding contract to use the Services. If you are registering on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

You are responsible for maintaining the confidentiality of your API keys, passwords, and account credentials. You must notify us immediately at legal@notifykit.io if you suspect unauthorized access to your account.

NotifyKit provides a unified notification delivery infrastructure, including but not limited to:

• Email: Transactional and marketing email delivery via SMTP relay, SendGrid, Amazon SES, Mailgun, and other provider integrations.
• SMS & Voice: SMS and voice message delivery via aggregators including Twilio, Vonage, Amazon SNS, and others.
• Push Notifications: Mobile and web push via Firebase Cloud Messaging (FCM), Apple Push Notification Service (APNs), and Web Push.
• In-App Notifications: Real-time in-app notification feeds and toasts via our JavaScript SDK.
• Webhooks: HTTP-based event delivery to any endpoint you configure.
• Third-Party Channels: Slack, Microsoft Teams, WhatsApp Business API, Telegram, Discord, PagerDuty, and others.
• APIs & SDKs: RESTful APIs, server-side SDKs, and client libraries for integrating notification delivery into your applications.

Features and channel availability may vary by subscription plan. We reserve the right to modify, add, or discontinue features with reasonable notice.

You agree to use the Services only for lawful purposes and in compliance with all applicable laws and regulations. You must not use the Services to:

• Send unsolicited commercial messages (spam) via any channel.
• Send SMS or voice messages to recipients who have not provided valid prior consent as required by applicable telecommunications laws (including but not limited to the TCPA, PECR, CASL, and GDPR).
• Transmit content that is illegal, defamatory, harassing, threatening, fraudulent, or that infringes third-party intellectual property rights.
• Distribute malware, phishing content, or any harmful code through the platform.
• Attempt to bypass rate limits, abuse the API, or conduct denial-of-service attacks against the platform or any third party.
• Resell or sublicense access to the Services without our prior written consent.
• Harvest or scrape data from other users or from the platform.
• Use the Services in any way that could damage, disable, or impair our infrastructure or interfere with other users' access.

We reserve the right to suspend or terminate accounts that violate this policy, without prior notice when the violation is severe (e.g., spam campaigns).

If you use NotifyKit to send SMS or voice messages, you acknowledge and agree to the following:

• You are solely responsible for obtaining all necessary consents from message recipients prior to sending, in accordance with applicable laws.
• You must honour opt-out requests (e.g., STOP commands) promptly and ensure your use complies with carrier requirements and industry standards (e.g., CTIA guidelines).
• You may not use shared short codes for high-volume campaigns without our written approval.
• Prohibited SMS content includes: illegal substances, firearms, gambling, adult content (without explicit prior approval), hate speech, and multi-level marketing schemes.
• NotifyKit may throttle or suspend SMS sending if carrier filtering or abuse is detected.
• You are responsible for all A2P (Application-to-Person) registration requirements, including 10DLC registration in the US, and must supply accurate campaign information upon request.

When using NotifyKit's email delivery capabilities, you agree to:

• Comply with the CAN-SPAM Act, GDPR, CASL, and all other applicable anti-spam and email marketing laws.
• Include a valid physical or postal address (or your registered business address) in all commercial emails.
• Provide a functional and clearly visible unsubscribe mechanism in marketing emails and honour unsubscribes within 10 business days.
• Maintain your own email suppression lists and not send to addresses that have previously unsubscribed or bounced.
• Not use deceptive subject lines, forged headers, or misleading "From" names.
• Use only permission-based lists. Purchased or scraped lists are strictly prohibited.

We reserve the right to suspend email sending from accounts with high bounce rates (>5%), spam complaint rates (>0.1%), or other indicators of poor list hygiene.

Access to the Services is offered on a subscription basis. By subscribing to a paid plan, you authorize us to charge your payment method on a recurring basis (monthly or annually, as selected).

• All fees are stated in USD and are exclusive of applicable taxes (VAT, GST, etc.), which are your responsibility.
• Subscription fees are non-refundable except as required by applicable law or as explicitly stated in our refund policy.
• Overage charges (for usage beyond your plan's included volume) will be billed at the rates published in your plan details.
• We reserve the right to modify pricing with at least 30 days' written notice. Continued use after the effective date constitutes acceptance.
• Failure to pay may result in suspension of your account after a 7-day grace period.

NotifyKit IP: The platform, APIs, SDKs, documentation, and all related technology are the exclusive property of NotifyKit and are protected by intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable licence to access and use the Services as described herein.

Your Content: You retain all rights to the notification content, templates, and data you submit to the platform. You grant NotifyKit a limited licence to process that content solely to provide the Services.

Feedback: If you provide us with suggestions or feedback about the Services, we may use that feedback without restriction or compensation to you.

Our handling of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. Where you submit personal data about your end-users, you act as the data controller and NotifyKit acts as the data processor. A Data Processing Agreement (DPA) is available upon request at legal@notifykit.io and is required for GDPR compliance.

We target 99.9% monthly uptime for the core notification delivery API. Scheduled maintenance will be announced at least 48 hours in advance via our status page.

• Uptime SLAs with credit compensation are available on Enterprise plans as specified in your order form.
• NotifyKit is not liable for downtime caused by third-party providers (carriers, cloud providers, channel APIs) outside our direct control.
• We reserve the right to throttle or limit API usage to protect platform stability for all users.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. NOTIFYKIT DOES NOT WARRANT THAT NOTIFICATIONS WILL BE DELIVERED WITHIN ANY SPECIFIC TIMEFRAME OR THAT DELIVERY WILL BE UNINTERRUPTED, AS FINAL DELIVERY IS SUBJECT TO THIRD-PARTY CARRIER AND CHANNEL PROVIDERS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTIFYKIT'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO NOTIFYKIT IN THE 3 MONTHS PRECEDING THE CLAIM OR (B) USD $100.

IN NO EVENT SHALL NOTIFYKIT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify, defend, and hold harmless NotifyKit and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from: (a) your use of the Services in violation of these Terms; (b) your violation of any applicable law or regulation, including telecommunications and anti-spam laws; (c) content transmitted through your account; or (d) any claim by a third party arising from your notifications or messages.

• These Terms remain in effect while you have an active account with NotifyKit.
• You may cancel your account at any time through the dashboard. Cancellation takes effect at the end of the current billing period.
• We may suspend or terminate your account immediately for material violations of these Terms, including Acceptable Use violations, non-payment, or fraudulent activity.
• Upon termination, your access to the Services will cease. We will retain your data for 90 days before deletion, during which you may request an export.

These Terms are governed by and construed in accordance with applicable law. Any disputes arising from these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration, except that either party may seek injunctive relief in a court of competent jurisdiction to prevent irreparable harm.

For EU customers, nothing in these Terms affects your rights under mandatory local consumer protection laws.

We may update these Terms from time to time. We will notify you of material changes by email or in-dashboard notice at least 14 days before the new Terms take effect. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services and cancel your account before the effective date.

For questions, legal notices, or data requests, please contact us at:

Email: legal@notifykit.io

Platform: notifykit.io