These Terms of Service ("Terms") govern access to and use of KimePush, a push notification and email delivery infrastructure product operated by Kimevik ("Kimevik", "we", "us", "our"). By creating an account, integrating our API or SDKs, or otherwise using KimePush (the "Service"), you ("Customer", "you") agree to these Terms. If you are entering into these Terms on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" refers to that organisation.
1. The Service
KimePush provides an API, SDKs, and dashboard that let Customers send push notifications (via Firebase Cloud Messaging, Apple Push Notification service, and Web Push) and email (via Amazon SES) to their own end users ("End Users"), along with related features such as contact management, broadcasts, analytics, webhooks, and delivery logs. The Service is infrastructure — we do not create, review, or endorse the content Customers send through it.
2. Eligibility and Accounts
You must be at least 18 years old and able to form a binding contract to create an account. You are responsible for the accuracy of your account information, for maintaining the confidentiality of your login credentials and API keys, and for all activity under your account. Notify us immediately at support-kimepush@kimevik.com if you suspect unauthorised access to your account or a compromised API key.
3. Acceptable Use
You agree not to use the Service to send, store, or facilitate:
- Unlawful, fraudulent, deceptive, defamatory, or harassing content.
- Unsolicited messages sent without the recipient's consent or a valid legal basis, including in violation of Australia's Spam Act 2003, the CAN-SPAM Act, or similar laws in the recipient's jurisdiction.
- Malware, phishing, or content designed to compromise a recipient's device or account.
- Content that infringes any third party's intellectual property or privacy rights.
- Adult content, content promoting violence, or content prohibited by Apple's, Google's, or our other infrastructure providers' own platform policies, as those policies apply to push and email content.
- Any attempt to circumvent plan limits, rate limits, or fair-usage controls, or to reverse-engineer, resell, or sublicense the Service without our written permission.
You are responsible for honouring unsubscribe and opt-out requests from your End Users promptly, and for maintaining accurate suppression and consent records. We may suspend or throttle sending associated with your account, without liability, if we reasonably believe it threatens the deliverability, security, or reliability of the Service for other Customers, or violates this Section — see Section 9 (Suspension and Termination).
4. Customer Data & Responsibilities
As between Kimevik and Customer, Customer owns and is solely responsible for the End User Data (device tokens, contact details, message content, and any other data) it submits through the Service, and for ensuring it has all necessary rights, consents, and legal bases to collect that data and to instruct us to use it to deliver messages on Customer's behalf. Customer is responsible for complying with all applicable data protection and anti-spam laws in respect of its End Users, including providing any notices to End Users about Customer's use of KimePush as a service provider. This Section, together with our Privacy Policy, forms the parties' data processing arrangement for End User Data — Kimevik processes End User Data only on Customer's documented instructions, as expressed through the API and dashboard, and only to provide the Service.
5. API Keys, Rate Limits & Fair Use
API keys are issued per project and scoped by environment (live, publishable, and test/sandbox keys). You must keep secret keys confidential and must not embed them in client-side or publicly distributed code. We apply rate limits and per-plan sending limits to protect the reliability of the Service for all Customers; these limits are described on our pricing page and enforced automatically. We may suspend a key or account we reasonably believe is compromised, being abused, or that risks our sending reputation with Apple, Google, or Amazon.
6. Fees, Billing & Overage
Paid plans are billed in advance on a recurring basis via Stripe, in the currency and amount shown at checkout. Usage above your plan's included limits ("overage") may be billed automatically at the overage rate shown for your plan, either as a metered charge or via pre-authorised pay-as-you-go top-ups, as configured for your plan. You authorise us to charge your payment method on file for recurring fees and any overage. Fees are non-refundable except where required by law or expressly stated otherwise. You are responsible for any taxes applicable to your use of the Service, exclusive of taxes on Kimevik's net income. We may change our pricing on a going-forward basis with at least 30 days' notice to active paid Customers.
7. Free Plan
We may offer a free tier with reduced sending limits, intended for evaluation and low-volume use. We may modify or discontinue the free tier's limits at any time, with reasonable notice where practicable.
8. Service Availability
We aim for high availability but do not guarantee the Service will be uninterrupted or error-free. Delivery of push notifications and email additionally depends on third-party platforms we do not control — Apple, Google/Firebase, and Amazon SES — and we are not responsible for outages, filtering, or delivery failures caused by those platforms. Current and historical uptime is published on our status page.
9. Suspension and Termination
We may suspend or limit access to the Service, with or without notice, if: (a) you breach these Terms, in particular Section 3 (Acceptable Use); (b) your account has an overdue balance; (c) your use creates a security, legal, or deliverability risk to us or other Customers; or (d) required by law or by one of our infrastructure providers. You may cancel your account at any time via the dashboard or by contacting support-kimepush@kimevik.com; cancellation takes effect at the end of your current billing period unless otherwise stated. On termination, your right to use the Service ends, and we may delete your account data after a reasonable grace period, subject to our data retention practices described in our Privacy Policy.
10. Intellectual Property
Kimevik retains all right, title, and interest in the Service, including our software, APIs, SDKs, documentation, and branding. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable licence to access and use the Service for your own business purposes and to deliver notifications and emails to your own End Users. You retain all rights to the content and data you submit through the Service ("Customer Content"), and grant us a limited licence to host, process, and transmit Customer Content solely to provide the Service.
11. Confidentiality
Each party may receive confidential, non-public information from the other in connection with the Service. Each party agrees to use the other's confidential information only to perform its obligations under these Terms, and to protect it with at least the same degree of care it uses for its own confidential information, but no less than reasonable care.
12. Disclaimers
To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law or other applicable law that cannot lawfully be excluded.
13. Limitation of Liability
To the maximum extent permitted by law, Kimevik will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or for any loss of profits, revenue, data, or business opportunity, arising out of or relating to these Terms or the Service, even if advised of the possibility of such damages. To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the amount you paid us for the Service in the 12 months preceding the event giving rise to the claim.
14. Indemnification
You agree to indemnify and hold Kimevik harmless from any claims, damages, liabilities, and reasonable expenses, including legal fees, arising from: (a) your use of the Service in violation of these Terms, including Section 3 (Acceptable Use); (b) the End User Data or other content you submit through the Service; or (c) your violation of any applicable law or third-party right.
15. Changes to These Terms
We may update these Terms from time to time. Material changes will be reflected by a new version date at the top of this page and, where required, additional notice will be provided to Customers before the change takes effect. Continued use of the Service after an update constitutes acceptance of the revised Terms.
16. Governing Law
These Terms are governed by the laws of Australia, without regard to conflict-of-law principles. Each party submits to the non-exclusive jurisdiction of the courts of Australia in respect of any dispute arising out of or relating to these Terms.
17. General
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kimevik regarding the Service. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force. Our failure to enforce any right or provision will not be considered a waiver. You may not assign these Terms without our written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.
18. Contact Us
Questions about these Terms can be sent to support-kimepush@kimevik.com.