Welcome to Notifi, a group management service that enables people and organisations to communicate with groups of people. Notifi also facilitates making payments, by means of its integration of Stripe, a third party payment service provider.
To protect your own interests, you must read and understand the following important Terms before using Notifi. If you are uncertain as to your rights under these Terms or you want any explanation about them please e-mail email@example.com
- [1.1] We are Skygenapps Ltd, a company registered in England and Wales under company number 09497294. Our registered office is at Chanfield The Hamlet, Potten End, Berkhamsted, Hertfordshire, England, HP4 2RD.
- [1.2] These terms and conditions of use (the Terms) explain how you may use the Notifi service and mobile app. You should read these Terms carefully before using Notifi. By applying to register for an account on Notifi, you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you should stop using Notifi immediately. If you have any questions about Notifi, please contact us by email at firstname.lastname@example.org
- [1.3] Any person or organisation using Notifi to set up groups and communicate with people in those groups is referred to in these terms as a “Business”. Each individual belonging to a group set up and administered by means of Notifi is referred to as an “Individual”. When we refer to a “Notice” in these Terms, that means any content or messages posted by Businesses on Notifi. If you are a Business, references to “Notices” are to Notices submitted by you by means of the Notifi mobile app.
- [1.4] Additional terms applicable to Businesses are set out below at sections 4, 5, and 14.
- [1.5] Notifi is a service intended for distribution of Notices to Individuals by a large number, and wide range, of organisations. We cannot and do not vet the accuracy of Notices sent by means of Notifi. We do not guarantee that you will receive any Notices by means of Notifi, or that those Notices you receive will be worthwhile or suitable for you.
2. Changes to these Terms, and Additional Terms
- [2.1] We may revise these Terms at any time. The most current version of the Terms, which will always be at https://mynotifiapp.com/terms-conditions/ will govern our relationship with you. We will try to notify you of any important changes, for example by means of the Notifi app or an email to the email associated with your Notifi account. By continuing to access or use Notifi after those revisions become effective, you agree to be bound by the revised Terms.
- [2.2] We may add to or replace these Terms with additional terms and conditions (‘Additional Terms’) which relate to specific features or services. Additional Terms will be made available to you in advance of our making available to you the relevant feature or service. Additional Terms will prevail to the extent there is any conflict or inconsistency with any other of these Terms.
3. Intended users of Notifi
- [3.1] Notifi is intended for users who are over the age of 18 years If you are under the age of 18 you may not use Notifi.
4. Use of Notifi – Terms applicable solely to Businesses
- [4.1] The following section is intended for application to Businesses only.
- [4.2] In the event that you register to use Notifi on behalf of a Business, which is a limited company, partnership or other organisation with a separate legal character, you undertake that you are authorised to do so.
- [4.3] As between us and you, you own all rights to your Notices. By creating a Notice, you provide us with a worldwide, royalty-free, non-exclusive, perpetual licence to “distribute” the Notice, for the purposes of display in Notifi to your group and associated members . You agree that we may authorise our service providers who help us provide Notifi, to do the same.
- [4.4] In respect of any payments received by Businesses from Individuals by means of the payment processing service integrated with Notifi (“Payments”), we take a minimum commission of 1% of the amount of the payment (our current rates will be as specified when you register for the service) or such other amount as may be agreed with you in writing when you register to use Notifi “Payments” We may change the rate of Commission at any time by notifying you in advance.
- [4.5] Payment processing services for Businesses on Notifi are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms in respect of your use of the Platform, or continuing to operate as an Artist on the Platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of our enabling payment processing services through Stripe, you agree to provide us accurate and complete information about you and your business or organisation, and you authorise us to share it and transaction information related to your use of the payment processing services provided by Stripe. As a condition of using Notifi, you must maintain an account with Stripe and accept Stripe’s terms and conditions. We will not be responsible for any acts or omissions of Stripe. We do not process any payments and are not responsible to you in respect of any chargebacks or fraudulent user activity conducted by means of Stripe. You are responsible for payment of all sums charged by Stripe in accordance with their terms and conditions.
- [4.6] You will be responsible for any fees charged by Stripe in respect of their processing of Payments. Stripe may change the fees charged by it, in accordance with the Stripe Services Agreement.
- [4.7] Where sums are paid by Individuals by means of Stripe as integrated in Notifi, we receive our Commission automatically.
- [4.8] You will be responsible for charging and accounting for any local taxes arising in respect of any Payments.
- [4.9] Termination of the agreement constituted by these Terms, however arising, shall not affect your obligation to pay any Commission due under these Terms.
- [4.10] You are responsible for your use of Notifi and for any Notice you submit. You should only submit Notices that you are comfortable sharing with Individuals. You agree that:
- [4.10.1] You will use your real name on Notifi and not impersonate any person;
- [4.10.2] any Notice you submit for use on Notifi is your own original work; has been lawfully provided to us; and does not infringe any intellectual property rights of any third parties;
- [4.10.3] you have all necessary consents to provide the Notice to us for use on Notifi.
- [4.10.4] You agree:
- [4.10.5] to be respectful to Individuals when making a Notice; in particular
- [a] not to deliberately post hostile messages;
- [b] not use Notifi for any offensive, or threatening purposes
- [c] your Notice must not contain any material which might bring us or Notifi into disrepute.
- [4.10.6] that any Notice you make does not contain any:
- [i] violent material, pornographic material or activity that is illegal
- [ii] material which is invasive of a third party’s privacy or infringes their rights under any applicable data protection legislation
- [iii] material derived from deceptive techniques such as ‘astroturfing’, ‘flogging’ or ‘sock puppetry’
- [iv] spam, junk mail, chain letters, material regarding any pyramid promotional schemes, or any similar material
- [v] material which you regard as confidential, commercially sensitive or valuable
- [vi] material which means that you or we are liable to any third party
- [vii] material which infringes the rights of any third party
- [viii] material which means that you are in breach of any duty that you have towards a third party or generally (this might include, but is not limited to, material that you are not allowed to make available such as under any contract of employment or confidentiality agreement)
- [ix] viruses, Trojans or other malware
- [x] statements or suggestions that we endorse any other business, product or service unless we have separately agreed to do so in writing.
- [4.10.7] that any Notice to Notifi will be lawfully made. In particular, you agree that any Notice will:
- [a] not be in contempt of court
- [b] not be harmful, threatening, harassing or offensive
- [c] not be discriminatory
- [d] not have any fraudulent purpose (including, but not limited to, impersonating any other person or not being entirely truthful to us when you register as a Business user of Notifi)
- [e] not be defamatory, derogatory or offensive
- [4.10.8] unless expressly permitted in law, not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way Notifi or any Notice.
- [4.11] The limitations specified above in respect of Notices shall apply also to names and descriptions of any groups administered or controlled by you.
- [4.12] We grant you a free of charge initial allocation of Notices. Any Notices sent in excess of such initial allocation are charged to you and must be paid for by you at the rate specified when you purchase your additional allocation of Notices. Bundles of Notices can be purchased via the Appstore or directly from us if you are on our invoice plan. If you purchased your Notices from the App Store via the in-app purchase process then you can cancel your purchase in accordance with their policies.
- [4.13] If you purchased the Notices directly from SkyGenApps on our invoice plan, and you are a consumer in the UK or European Union, you may cancel your purchase of Notices in accordance with applicable consumer laws. As a UK or an EU consumer you have up to 14 days from the day after you receive your confirmation of our acceptance of your order for an allocation of Notices (“Order”) to cancel the Order. You can cancel your Order by contacting our Customer Services team at email@example.com or post to our registered office above. If you are a consumer in the UK or European Union, we will deduct from any refund an amount commensurate with the proportion of the Notices you have used, prior to the time when you notify us you wish to cancel your Order. Nothing in these terms will affect your legal rights as a consumer.
- [4.14] We will make any reimbursements using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- [4.15] We offer other paid services, such as our ‘Bulk Upload’ service by means of which we will on your behalf and at your direction issue invitations to your group(s) to individuals selected by you.
- [4.16] Without limitation on the [Data Processing Terms], if you use our Bulk Upload service:
- [4.16.1] You must obtain the prior written consent of each Individual you specify that we should add to your group on Notifi;
- [4.16.2] The request for such consent must specify that the Individual may receive an email from us inviting them to download the Notifi mobile app.
- [4.17] To the extent that we process any personal data on your behalf, and you are not operating a group in the course of a purely personal or household activity, with no connection to a professional or commercial activity, such processing shall be subject to our [Data Processing Terms.]
- [4.18]Without limitation on the Data Processing Terms, you acknowledge that it is your responsibility to ensure that you have the consent of each Individual you add to a group using Notifi including, without limitation, our ‘Bulk Upload’ service.
5. Indemnity from Business
- [5.1] If you are a Business, you shall keep us indemnified against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, ex gratia payments, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us as a result of or in connection with any claim made against us in respect of any Payment or Notice or any related matter, or any breach by the Artist of its obligations under applicable data protection or privacy laws in respect of Individuals’ personal data (as defined in the EU General Data Protection Regulation), including without limitation from any individual receiving an invitation to a group as specified by you in relation to our ‘Bulk Upload’ service. This section 5 shall survive termination of these Terms.
6. Your use of Notifi
- [6.1] In consideration of you agreeing to abide by these Terms of Service, we grant you a non-transferable, non-exclusive licence to use the Notifi app on your mobile device, subject to these terms, and the rules of the Appstore from which you download the app. We reserve all other rights.
- [6.2] You acknowledge that you are solely responsible for keeping your password and other account details confidential – if you suspect they have been compromised, tell us immediately by emailing firstname.lastname@example.org. You will be responsible for all activity on your account until you notify us that your account has been compromised.
- [6.3] We may stop or suspend your access to Notifi if you do not comply with any part of these Terms or any applicable law.
- [6.4] We will decide, acting reasonably, whether any Notice breaches any of these Terms.
- [6.5]Notifi is not intended to be private, confidential, or a secure means of communication. Therefore you should not make any Notice which you regard as being confidential, commercially sensitive or valuable.
- [6.6] You must not use Notifi for any purposes that are in direct competition with Notifi.
- [7.1] Notifi is not moderated by us. We do not endorse any Notice sent by means of Notifi, and the views expressed in any Notice are not necessarily the views of Skygenapps Ltd.
- [7.2] We do not provide or administer any payment processing services integrated with Notifi. We make no promise that any payment you make to a Business has been charged legitimately or otherwise.
9. Your Relations with Businesses
- [9.1] If you use Notifi to join a group, nothing in the use of Notifi or these Terms is intended to affect your obligations to or from the Business operating that group including in respect of any contract for services from that Business, or any policy or process mandated by that Business.
- [9.2] If you have any complaints or feedback regarding your experience with Businesses as an Individual user, you should address this primarily to the Business. You should also let us know by emailing us on email@example.com
10. Ownership, use and intellectual property rights
- [10.1] Notifi and all intellectual property rights in Notifi is owned by us and/or our licensors.
- [10.2] Notices are owned by the Business users who submit them to Notifi, subject to any pre-existing rights in the Notice.
- [10.3] We reserve all our intellectual property rights in Notifi (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
- [10.4] Nothing in these Terms grants you any rights in Notifi other than as is necessary to enable you to access Notifi. You agree not to adjust, try to get around or side-step or delete any digital rights or other security technology embedded or contained within any Notice.
- [10.5] You acknowledge that you have no right to have access to the Notifi app in source-code form.
- [10.6] Except as expressly set out in these terms or as permitted by any local law, you agree:
- [10.6.1] not to copy the app;
- [10.6.2] not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the app;
- [10.6.3] not to make alterations to, or modifications of, the whole or any part of the app, or permit the app or any part of it to be combined with, or become incorporated in, any other programs;
- [10.6.4] not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the app or attempt to do any such thing.
11. Accuracy of information and availability of Notifi
- [11.1] We make no promise that Notifi will be:
- [11.1.1] accurate
- [11.1.2] complete
- [11.1.3] up to date
- [11.1.4] free from any virus or malware
- [11.1.5] free from any bugs, errors or omissions.
- [11.2] Any reliance you may place on Notices is at your own risk. You should make all such reasonable enquiries as are necessary (including with any qualified third parties) and take all such reasonable steps to protect yourself if you wish to rely on any information in any Notice.
- [11.3] While we make commercially reasonable efforts to ensure that Notifi is available, we do not promise in any way Notifi’s continued availability at all times, or that Notifi will be available on an uninterrupted basis. We may suspend or terminate the operation of Notifi at any time at our sole discretion although we will make reasonable efforts to let you know if we are going to suspend or terminate the operation of Notifi.
12. Other people’s sites
- [12.1] Notifi by means of the Notice and account profiles contains links and references to third party websites or services, including those of Businesses. Any such links or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any link and reference to any third party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
13. Limit on our responsibility to you – if you are an individual user who is not a Business
- [13.1] Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
- [13.1.1] losses that:
- [a] were not foreseeable to you and us when this contract was formed
- [b] that were not caused by any breach on our part
- [13.1.2] business losses
- [13.1.3] losses to non-consumers.
- [13.1.1] losses that:
14. Limit of Liability – if you are a Business
- [14.1] Nothing in the Agreement shall limit or exclude our liability for:
- [14.2] death or personal injury caused by our negligence;
- [14.3] fraud or fraudulent misrepresentation; or
- [14.4] any other liability to the extent that it cannot be lawfully excluded or limited.
- [14.5] Subject to section 14.1:
- [14.5.1] We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:
- [a] loss of profit;
- [b] loss of revenue;
- [c] loss of anticipated savings; or
- [d] any indirect or consequential loss
arising under or in connection with your use of Notifi; and
- [14.5.2] our total liability to you in respect of all other losses arising under or in connection with these Terms and your use of Notifi, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the sums paid to us by you in the preceding 12 months, or (if greater) £100.
- [14.5.1] We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:
- [15.1] We may suspend the ability of any user (including any Business) to access Notifi at any time in the event that we suspect any failure of the user to comply with these Terms.
- [15.2] We may terminate any user’s access to Notifi for any reason..
- [15.3] You may terminate your Notifi account and cease use of Notifi at any time.
- [15.4] We may terminate your access to Notifi immediately in the event that you commit a material breach, or series of breaches resulting in a material breach, of these Terms.
- [16.1] We will have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control.
- [16.2] If any part of these Terms is unenforceable the enforceability of any other part of these Terms will not be affected.
- [16.3] If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
- [16.4] These contain the entire understanding and agreement between us and you in relation to your use of Notifi.
- [16.5] You may not transfer any of your rights and duties in these Terms to any other person. (This includes a transfer by way of assignment or sublicence.)
17. Complaints about Notices or Notifi Accounts
- [17.1] Please email us at firstname.lastname@example.org with your name and contact information, to report a Notice or a Business profile that you believe is defamatory of you, or infringes your intellectual property rights. We will share your full complaint, including your contact information, with the Business in respect of whose content you have complained.
- [18.1] We will try to resolve any disputes with you quickly and efficiently.
- [18.2] If you are unhappy with any matter under these Terms please contact us as soon as possible.
- [18.3] If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
let you know that we cannot settle the dispute with you, and
give you certain information required by law about our alternative dispute resolution provider.
- [18.4] If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to this contract.
- [18.5] If you are a consumer, the European Commission’s online dispute resolution (ODR) platform is at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show. The ODR platform could be used to resolve disputes between us and consumers .
- [18.6] Relevant United Kingdom law will apply to these Terms, but nothing in these Terms is intended to affect any mandatory rights you may enjoy in your own jurisdiction, including any mandatory rights as a consumer.